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2001-06-05 Regular168 CITY OF OKEECHOBEE .DUNE 57 2001 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION i. CALL TO ORDER - Mayor: June 5, 2001, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor Larry Zimmerman; Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea Carolyn Arnold, Office Assistant IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the May 15, 2001 Regular Meeting. PAGE 1 OF 5 Mayor Kirk called the June 5, 2001 Regular City Council Meeting to order at 6:00 p.m. Council Member Williams offered the invocation, in absence of Pastor Zimmerman; Mayor Kirk led the pledge of allegiance. City Clerk Thomas called the roll: Present Present Present Present Present Present Present Present Absent Present Council Member Chandler moved to disperse with the reading and approve the Summary of Council Action for the May 15, 2001 Regular Meeting; seconded by Council Member Williams. JUNE 5, 2001 - REGULAR MEETING - PAGE 2 OF 5 169 IV. MINUTES CONTINUED. V A. Motion to dispense with the reading and approve the Summary of Council Action for the May 15, 2001 Regular Meeting continued. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of item's on today's agenda. agenda. III There were none. VI. NEW BUSINESS. A.I. a) Motion to read by title only and set July 17, 2001 as public hearing Council Member Watford moved to read by title only and set July 17, 2001 as public hearing date for proposed date for proposed Ordinance No. 770 regarding a rezoning request Ordinance No. 770 regarding a rezoning request by David and Rose Conlon; seconded by Council Member Oliver. by David and Rose Conlon - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 770 by title only. City Attorney Cook to read proposed Ordinance No. 770 by title only. "An Ordinance of The City of Okeechobee, Florida Amending the Official Zoning Map of Okeechobee by Rezoning a Certain Tract of Land More Particularly Described Herein, from Residential Single Family (RSF) Zoning Districtto HeavyCommercial (CHV) Zoning District, Amending the Zoning Map Accordingly, Providing for Conflicts, Severability and an Effective Date." 170 JUNE 5, 2001 - REGULAR MEETING - PAGE 3 OF 5 VI. NEW BUSINESS CONTINUED. A. 2. a) Motion to approve the first reading of proposed Ordinance No. 770 I Council Member Oliver moved to approve the first reading of proposed Ordinance No. 770 by title only; seconded by by title only. Council Member Chandler. I b) Discussion. Mr. John Dulmer, Planning Consultant from LaRue Planning and Management Services addressed the Council, explaining that staff feels this rezoning is beneficial for the City, and clarified that Lots 7 - 12 are on the west side of Block 23 and are adjacent to Southwest Second Avenue not adjacent to South Parrott Avenue, Meire were no further comments from the Council. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B. Discuss alley closing request from DOT/Hamrick, Block 200 As outlined in ExhibitTwo, Clerk Thomas is requesting direction from the Council regarding alley closing procedures. between Lots 12 - 15, City of Okeechobee - City Clerk (Exhibit 2). At the May 15, 2001 meeting the Council instructed her to initiate the paperwork closing a portion of an alley in Block 200. The Department of Transportation is requesting the alley in connection with the State Road 70 West widening project. The first step to process the alley closing application is to obtain consent of all adjoining property owners. The property owner to the south of the alley will not give his consent. Council Member Watford commented that the City's policy is to have all surrounding property owners consent prior to the closing of an alleyway. He said that the City has the authority to close the alleyway without consent from the property owners and has done so on occasion when it was determined to be beneficial for the City. Attorney Cook said that if Council does not decide to proceed with this closing due to lack of consent from the adjacent property owners Department of Transportation could condemn the property. Attorney Cook explained that he advised Clerk Thomas to advertise for the July 17, 2001 and August 7, 2001 City Council meetings, closing a portion of the alley in Block 200 as requested by DOT. JUNE 5, 2001 - REGULAR MEETING - PAGE 4 OF 5 171 VI. NEW BUSINESS CON'rINUED. B. Discuss alley closing request from DOT/Hamrick, Block 200 Council Member Williams asked if DOT condemns the property who will be held at fault, the City or Hamrick Trust. between Lots 12 - 15, City of Okeechobee - City Clerk (Exhibit 2) Attorney Cook said that both would probably be held liable. Council Member Chandler asked that if the alleyway is Continued. closed, does half of the property go to each adjoining property owner. It was confirmed that when an alley is closed _ half of the property does go to each adjoining property owner. Mayor Kirk had concerns about proceeding with the 11 closing without all adjoining property owners consent. After further discussion Council instructed the Clerk to proceed with the alley closing application and to notify DOT to have a representative present at the Pubic Hearing to explain to Council DOT's reasons justifying the alley (portion of) closing which they are requesting. C. Motion to request sole source procurement from DCA regarding City Administrator Veach informed Council that the State requires a minimum of three applicants for the grant CDBG grant administration - City Administrator. administrator for the CDBG. He said that the reason for the request to the State is that there was only one application submitted and approximately four phone inquiries aboutthe position. Once the callers found out who the applicant was and that she was the same person that wrote the grant application they all declined to pursue their interest in the matter. Council instructed the City Administrator to proceed with the necessary documentation to the State, explaining that the City only received one application. b: Council Member Oliver moved to request sole source procurement from Department of Community Affairs (DCA) regarding Community Development Block Grant (CDBG) grant administration; seconded by Council Member Williams. 5910 KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. D. Motion to adopt Resolution No. 01-7 regarding Statewide Mutual City Attorney read proposed Resolution No. 01-7 by title only. "A Resolution of the City of Okeechobee, Florida Aid Agreement - City Attorney (Exhibit 3). to Approve and Execute Statewide Mutual Aid Agreement with the Division of Emergency Management, Department of Community Affairs; Authorizing the Coordination and use of Available Resources with Other Local and Regional Governmental Entities; Proving for Effective Date." 172 JUNE 5, 2001 - REGULAR MEETING - PAGE 5 OF 5 VI. NEW BUSINESS CONTINUED. D. Motion to adopt Resolution No. 01-7 regarding Statewide Mutual Attorney Cook said thatthere are over 1,000 participants in this agreement. Council Member Watford asked if this can Aid Agreement - City Attorney (Exhibit 3). be helpful to our fire truck expenses. Fire Chief Tomey said that we need this agreement to be reimbursed. It was said that this agreement needs to be extended and to do so this needs to be approved tonight. Council Member Oliver moved to adopt Resolution No. 01-7 regarding the Statewde Mutual Aid Agreement; seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. VII. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION There being no further items on the agenda, Mayor Kirk adjourned the meeting at 6:23 p.m. MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ATTEST: James E. Kirk, Mayor Bonnie S. Thomas, CIVIC, City Clerk u • Page -I- CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING - June 5, 2001 HANDWRITTEN MINUTES CALL TO ORDER: - Mayor:_x(f*, rute�s zooi ccty cowncapeqular Meet- p vw, II. OPENING CEREMONIES: Invocation offered by Paul-P -r Lqj ra Zi,m*nerm.a vv Pledge of Allegiance led by Mayo,- xlrk, MAYOR, COUNCIL AND STAFF ATTEN[ Mayor Kirk Council Member Chandler Council Member Oliver Council Member Watford Council Member Williams Attorney Cook Administrator Veach City Clerk Thomas Deputy Clerk Gamiotea Carolyn Arnold, Office Assistant IV. MINUTES - City Clerk. A. Council Members moved to dispense with the reading and approve the Summary of Council Action for the May 15, 2001 Regular eeting; seconded by Council Member C c ' . VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER / OLIVER 1 WATFORD WILLIAMS Motion/tarried — Denied. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. NEW BUSINESS. A.1.a) Council Member LUu moved to read by title only and set July 17, 2001 as public hearing date for proposed Ordinance No. 770 regarding a rezoning request by David and Rose Conlon. (Exhibit 1); seconded by Council Member . E VI. NEW BUSINESS CONTINUED. b) Vote on motion to read by title. VOTE YEA- NAY ABSTAIN KIRK �' CHANDLER OLIVER WATFORD WILLIAMS t. Motion Garrfe' d - Denied. Page -2- c) City Attorney to read proposed Ordinance No. 770 by title only. "An Ordinance of The City of Okeechobee, Florida Amending the Official Zoning Map of Okeechobee by Rezoning a Certain Tract of Land More Particularly Described Herein, from Residential Single Family (RSF) Zoning District to Heavy Commercial (CHV) Zoning District, Amending the Zoning Map Accordingly, Providing for Conflicts, Severability and an Effective Date." A.2.a) Council Member il moved to approve the first reading of proposed Ordinance No. 770 by title only; seconded by Coundl Member�� . b) Discussions � �� �� ya-�. �Ji � �✓ Y� 1 0 0 V1. NEW BUSINESS C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATIORD WILLIAMS Motion,t�arrW — Denied. Page -3- B. Discuss alley closing request from DOT/Hamrick, Block 200 between Lots 12 - 15, City of Okeechobee. (Exhibit 2). 'X'V'�-='2 eo C') n"- • • Page -4- C. Council Member moved to request sole source procurement from Department of Community Affairs (DCA) regarding Community Development Block Gran (CDG grant administration; seconded by Council Member,2SO. !� r VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motion arried - Denied. D. Council Member moved to adopt Resolution No. 01-7 regarding the Statewide Mutual Aid Agreement (Exhibit 3); seconded by Council Member + VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER ^ �� OLIVER WATFORD WILLIAMS Motion Carried -a Denied. i Mayor Kirk adjourned t%eeetingat p.m. • 0 Page -I- CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING - June 5, 2001 HANDWRITTEN MINUTES I. CALL TO ORDER: - Mayor: K(Ar lu+w-, s 2001 gly covncaReacu- Meet's 6:00 12. m II. OPENING CEREMONIES: Invocation offered by Pastor L-off Pledge of Allegiance led by mayor Kcrk,, III. MAYOR, COUNCIL AND STAFF ATTEND Mayor Kirk Council Member Chandler Council Member Oliver Council Member Watford Council Member Williams Attorney Cook Administrator Veach City Clerk Thomas Deputy Clerk Gamiotea Carolyn Arnold, Office Assistant IV. MINUTES - City Clerk. A. Council Member /(k.1 moved to dispense with the read in and approve the Summary of Council Action for the May 15, 2001 Regular Meeting; seconded by Council Member. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER 1 OLIVER / WATFORD WILLIAMS o, _tion Carried Denied. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. NEW BUSINESS. A.1.a) Council Member 661 moved to read by title only and set July 17, 2001 as public hearing date for proposed Ordinance -No. 770 regarding a rezoning request by David and Rose Conlon. (Exhibit 1); seconded by Council Member ;, . U Page -2- VI. NEW BUSINESS CONTINUED. b) Vote on motion to read by title. VOTE YEA NAY ABSTAI KIRK CHANDLER OLIVER WATFORD WILLIAMS Carried - Denied. c) City Attorney to read proposed Ordinance No. 770 by title only. "An Ordinance of The City of Okeechobee, Florida Amending the Official Zoning Map of Okeechobee by Rezoning a Certain Tract of Land More Particularly Described Herein, from Residential Single Family (RSF) Zoning District to Heavy Commercial (CHV) Zoning District, Amending the Zoning Map Accordingly, Providing for Conflicts, Severability and an Effective Date." A.2.a) Council Member -21-a^ moved to approve the first reading of proposed Ordinance No. 770 by title only; seconded by Council Member &,(. L. b) Discussion: 1 0 -/ . • 0 VI. NEW BUSINESS c) Vote on motion. VOTE KIRK CHANDLER OLIVER WATFORD WILLIAMS Carried i Denied. Page -3- B. Discuss alley closing request from DOT/Hamrick, Block 200 between Lots 12 -15, City of Okeechobee. (Exhibit 2). vo _�- j t " z 07� aN a�" � �.z, � f Cam, r -� ahoc U • Page -4- C. Council Member �`-� moved to request sole source procurement from Department of Community Affairs (DCA ment Block Grant CDBG) grant administration; seconded by Council Member regarding Community Develop ( ks- ✓c�a� i �� VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS 'on Car 'ed - Denied. D. f ouncil Member' moved to adopt Resolution No. 01-7 regarding the Statewide Mutual Aid Agreement (Exhibit 3); seconded by Council Member ri VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS tion Carrigi- Denied. Mayor Kirk adjourned the meeting at �am CITY OF OKEECHOBEE JUNE 52 2001 REGULAR CITY COUNCIL MEETING REVISED OFFICIAL AGENDA PAGE 1 of 3 I. CALL TO ORDER -Mayor: June 5, 2001, City Council Regular Meeting, 6:00 p.m. • II. OPENING CEREMONIES: Invocation offered by Pastor Larry Zimmerman; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the May 15, 2001 Regular Meeting. TUNE 5, 2001 - CITY COUNCIL AGENDA - PAGE 2 OF 3 V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. NEW BUSINESS. A.1.a) Motion to read by title only and set July 17, 2001 as public hearing date for proposed Ordinance No. 770 regarding a rezoning request by David and Rose Conlon - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. C) City Attorney to read proposed Ordinance No. 770 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 770 by title only. • b) Discussion. C) Vote on motion. B. Discuss alley closing request from DOT/ Hamrick, Block 200 between Lots 12 - 15, City of Okeechobee - City Clerk (Exhibit 2). JUNE 5. 2001 CITY COUNCIL AGENDA - PAGE 3 OF 3 VI. NEW BUSINESS CONTINUED. • C. Motion to request sole source procurement from DCA regarding CDBG grant administration - City Administrator. D. Motion to adopt Resolution No. 01-7 regarding the Statewide Mutual Aid Agreement - City Attorney (Exhibit 3). VII. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. CITY OF OKEECHOBEE JUNE 51 2001 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA I. CALL TO ORDER -Mayor: June 5, 2001, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor Larry Zimmerman; • Pledge of Allegiance led by Mayor. E III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the May 15, 2001 Regular Meeting. PAGE 1 OF Z JUNE S, 2001 - CITY COUNCIL AGENDA - PAGE 2 OF 2 V. AGENDA - Mayor. • A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. NEW BUSINESS. A. Motion to read by title only and set July 17, 2001 as public hearing date for proposed Ordinance No. 770 regarding a rezoning request by David and Rose Conlon—Citymttellr 1). B. Discuss alley closing request from DOT/Hamrick, Block 200 between Lots 12 - 15, City of Okeechobee - City Clerk (Exhibit 2). C. Motion to request sole source procurement from DCA regarding CDBG grant administration - City Administrator. D. Motion to adopt Resolution No. 01-7 regarding the Statewide Mutual Aid Agreement - City Attorney (Exhibit 3). • ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. • ExersiT 1 — JUNE 5 AGENDA ORDINANCE NO. 770 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY (RSF) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 1.03 acres from Residential Single Family (RSF) Zoning District to Heavy Commercial (CHV) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: Now THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida that: SECTION 1. LEGAL DESCRIPTION The following described land, located in the City of Okeechobee, to - wit: Lots 7, 8, 9, 10, 11, and 12, Block 23, SOUTH OKEECHOBEE SUBDIVISION, according to the plat thereof recorded in Plat Book 1, Page 12 of the public records of Okeechobee County, Florida. SECTION 2. ZONING MAP AMENDMENT That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Single Family 1 (RSF-1) to Heavy Commercial (CHV). SECTION 3. CONFLICT All ordinances or parts of ordinances in conflict herewith are hereby repealed. Page 1 of 2 SECTION 4. SEVERABILITY If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 5th day of June , 2001. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 17th day of July, 2001. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 • • CITY OF OKEECHOBEE PLANNING BOARD SUMMARY OF BOARD ACTION 1 of 3 11 AGENDA III ACTION - DISCUSSION - VOTE 11 I. CALL TO ORDER - Chairman. Planning Board, May 22, 2001, 7:15 p.m. • IL CHAIRMAN, MEMBER AND STAFF ATTENDANCE - Secretary. Chairman Jerry Walker Board Member Dawn Hoover Board Member Thomas Keller Board Member William Ledferd Board Member Christopher Mavroides Board Member Douglas McCoy Board Member Frank Mueller Alternate Daniel Creech Alternate Sandra Jones Attorney John R. Cook Secretary Carolyn Arnold 40 III. MINUTES - Secretary. Chairman Walker called the May 22, 2001 Planning Board meeting to order at 7:15 p.m. Board Secretary Arnold called the roll: Present Present Absent (with consent) Present Present Present Present Absent (without consent) Present (serving as a voting member) Present Present A. Motion to dispense with the reading and approve the Summary of Board Action Member Mueller moved to dispense with the reading and approve the Summary of Board Action for the February 27, 2001 meeting for the February 27, 2001 meeting. Member Ledferd seconded the motion. VOTE HOOVER -YEA JONES - YEA LEDFERD - YEA MAVROIDES - YEA MCCOY - YEA MUELLER - YEA WALKER - YEA MOTION CARRIED. Mav 22, 2001 - Planning Board - Page 2 of 3 II AGENDA II ACTION - DISCUSSION - VOTE II IV. NEW BUSINESS. A. Consider Petition 01-002-R: David Conlon, Rose Conlon, and Handy Stores Inc., There was discussion from the Board about not seeing any problems with the requested rezoning. property owners; David and Rose Conlon, applicants. Request for a rezoning from the existing classification of Residential Single Family (RSF) to Heavy Attorney Cook requested that Mr. Jock Robertson, Planning Consultant from LaRue Planning and Commercial (CHV). The property is located at the corner of Southwest 15" Management Services, read all of the permitted principal uses and uses that require a special Street and Southwest 2"d Avenue, more legally described as Lots 7, 8, 9, 10, 11 exception for both Light Commercial and Heavy Commercial. Mr. Robertson read the principal and 12. Block 23, South Okeechobee. uses and uses that require a special exception. There was a lengthy discussion from the Board about the different uses in Light and Heavy Commercial. Mr. Robertson stated Staff recommended that Petition 01-002-R be granted since it meets all required conditions as set out in the Land Development Regulations. The purposed use is not contrary to the Comprehensive Plan requirements. will not have adverse impacts, the location is compatible with adjacent land uses, can be suitably buffered from surrounding uses, will not create a density pattern that would overburden public facilities, will not create traffic congestion, the proposed use has not nor will be inordinately burdened by unnecessary restrictions, and the change will not constitute a grant of special privilege to an individual owner as contrasted with public welfare. There was no further discussion from the Board. There was no public comment. Board Member Ledferd moved to recommend that the Planning Board recommend that the City • Council approve Petition 01-002-R, with the corrections made to the staff report read "Heavy Commercial" rather than "Commercial.'" Board Member Mueller seconded the motion. VOTE HOOVER -YEA JONES - YEA LEDFERD - YEA MAVROIDES - YEA MCCOY - YEA MUELLER - YEA WALKER - YEA MOTION CARRIED. MaY 22, 2001 - ina Board - Paze 3 of 3 11 AGENDA 11 ACTION - DISCUSSION - VOTE II V. ADJOURNMENT - CHAIRMAN rrrAsE T.axF NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Board of.4ajnstment There being no further items on the agenda. Chairman Walker adjourned the meeting at 7:3 5 p.m. with respect to am matter considered at this proceeding. such interested person will need a record of the proceedings. and for such purpose may need to ensure a � erbatim record of the proceedings is made. which record includes the testimonc and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. • ATTEST: Carolyn Arnold. Secretary • Jerry Walker, Chairman u • 1 375 Jackson Street, Suite 206 Dort Myers, Florida 33901-2845 941-334-3366 Staff Report- Rezoning Request From Residential Single Family (RSF) to Commercial (C) Petition No. 01-002-R Prepared for: The City of Okeechobee Staff Report David Conlon Rezoning Request _ Petition No. 01-002-R Applicant: David and Rose Conlon and Handy Food Stores, Inc. 180 NW 3rd Avenue Okeechobee, Florida 34974 863-763-5555 Lots 7, 8, 9, 10, 11, and 12 all of Block 23, SOUTH OKEECHOBEE SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 1, Page 12 of the Public Records of Okeechobee County, Florida. Item before the Council: The matter for consideration by the Land Planning Agency for the City of Okeechobee, is an application for a change in zoning from Residential Single Family (RSF) to Commercial (C). The subject property is approximately 1.03 acre(s). The applicant intends to develop the property for future construction of professional office space. This development will have public utilities. Adjoining property users are as follows: North: Food Service (R. J. Gators) South: Financial Institution (Bank) East: US Highway 441 (Commercial) West: Residential DrOTIMM . 9- - •. When recommending whether or not to rezone a classification of land, the Land Planning Agency shall consider, where applicable, the following factors: The proposed use is not corrtr-ary to Comprehensive Plan requirements. The proposed use is not contrary to the Comprehensive Plan. This property is designated Commercial on the Future Land Use Map and this rezoning will bring the zoning into consistency with the Future Land Use Map. 2. The proposed use being applied for is spec fcally authorized under the zoning district in the Land Development Regulations. rage -i - Staff Report David Conlon Rezoning Request Petition No. 01-002-R The applicant wishes to develop half of the parcel for professional offices and the other half for commercial uses. Both of these uses are authorized in the Commercial Zoning District. 3. The proposed use will not have an adverse effect on the public interest. There will be no adverse impacts from this project. Currently, the property is vacant and the proposed use is what the City has projected for this parcel. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The applicant's proposal is appropriate for the location. The property is located between Parrott Avenue and 2" `1 Avenue. The applicant has proposed professional office and commercial. This would provide for a decrease in intensity of potential retail only development. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. No, property on all sides is developed. Adjacent commercial development to the north and south is relatively recent. The type of development proposed will be comparable to surrounding properties and will create a positive addition to the neighborhood. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. The proposal should have little negative impacts on the surrounding property. Any buffering issues in this area will be addressed at the site plan review stage. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Page -2- Staff Report David Conlon Rezoning Request Petition No. 01-002-R No. The subject property is within one block of Parrot Avenue. This close proximity should eliminate any traffic congestion. Other adequate public facilities will be addressed through concurrency. Because the property is close to other intense uses, it would be in close proximity to public facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The moderately low intensity of the proposed use should avoid traffic congestion. Drainage will be addressed at the tune the site plan is reviewed. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. Not at this time, nor is this expected. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change is not a special privilege; it simply allows zoning to be consistent with the Future Land Use Map designation. Consistency with Comprehensive The subject property is designated Commercial on the adopted City of Okeechobee FLIWI-c Land Use Map. As such, the proposed use is consistent with the Comprehensive Plan. Assessment and Conclusions: Based on the above criteria being met, the request should be approved, as it is consistent with the Comprehensive Plan and Land Development Regulations in force at time of application. Submitted by. - James G. LaRue, AICP Planning Consultant 5/ 17/01 Page -3- • • CITY OF OKEECHOBEE EFeeaid- General - Services Department 55 SE Third AvenuerU Okeechobee, FL 34974 Phone:941-763-3372 FAX: 941-763-1686 / Petition No. 0 % Notices Mailed: 2nd Hearing: (1) <� % '+71Ji�J aU I(if rerntireril (0 Uniform Land Use Application (Please attach separate sheets for required additional in(ormation) See Resolution No. 98-10:1 "PROOF OF INTEREST IN PROPERTY" for re��l!uired additional information. F. Name of roe 1� owner(s): L)AV 12U Con�LOfv l7�N� 15Uo D S %vi7CS U Mailing address: I YG) .(J 3 (LO A-Ve Qk,f—ectlC)� e ��- a Property address: a Name of applicant, if other than owner (state relationship): _ �G'2_CCCI~ �� a:t it ett• Wnrlr-76.3—.5•S.SS Pager ?LEASE ATTACH LEGAL DESCRIP rlvN See Resolution No. 98-10:2 "PROPERTY SURVEY AND LOCATION MAP" for required additional information. Future Land Use Map designation: &WCurrent Zoning Classification: Approximate acreage or square feet: 415P6 Part of platted subdivision? t CS Type and gross area of any existing non-residential uses on site: V0 A/ 2 Number and type (conventional, manufactured home, etc.), gross area of any existing dwelling(s) on site: V0ke Dimensions, gross areas, and percentages of total land use of any existing public areas, reservations, �� buffers, open spaces, water retention lakes and recreational uses on site: F a w O Is there a current or recent use of the property that is/was a violation of City Ordinance? ❑ Yes &<O a p If yes, please describe: Have there been any land use applications concerning all or part of this property in the last year? ❑ Yes 01-Wo If yes, indicate date, nature, and applicant's name: Briefly describe use of adjoining property: North: R,-_5, &i4-T-oyZ.,—;mooD sertV1,C'Q East: H w"I L t/l Lo South: 13 6'NI< West: t22St 0-eti7t a L Check type of application, complete appropriate sections, ana sign reverse siue m "FFA .-1-1• See mesoluuon yb-iv:,+ a it%ii:.Lvia • �� ��� _�< , y... - -�•••� --______/_________ Pro osed Zoning Classification: '— �{�lr' t �C : [� • 7 l -30 0 ( C^% rC L-1 .t . If granted, will the proposed zoning classification be contiguous with a like zone? w p When development is proposed, see Resolution 98-10:9 "ENVIRONMENTAL ANALYSIS" 10 "PUBLIC FACILITY N w IMPACT ANALYSIS", and 11 "SIGN PLAN" (where applicable), for required additional information aa • m'KT- No (Over) 1:01- Special Exception and Variance Applications, see Resolution No. 98-1017 and 3 -SITE PLAN" for required additional Describe the Variance sou ht: Supplemental supporting information: w Demonstrate that the variance is needed to overcome a hardship caused by the unique z physical conditions of the site: e: Specify the minimum variance requirement including: height, lot area, size of structure, > size of yard, setback, buffer or open space: Details of administrative decision under appeal, including name of individual issuing decision, date of issuance, and written copy of decision: Reasons for re9uesting appeal of decision: y Supplementary supporting information: CONFIRMATION OF INFORMATION ACCURACY I hereby certify that the information on this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to five hundred dollars ($500.00) and imprisonment of up to thirty (30) days and may result in the summary denial of this application. S Date Rev: 11/98 • EXHIBIT 2 NONE 5 AGENDA I k1u, f offle MEMORANDUM Office of the City Clerk/ i'erronnel Administrator To: Mayor, Council Members, Attorney Cook and Administrator Veach From: Bonnie S. Thomas, City Cler Subject: Alley Closing Application - Block 200 (DOT/Hamrick) Date: May 29, 2001 As you instructed at the May 15, 2001 meeting, i started the paperwork to close the portion of the Alley in Block 200, City of Okeechobee, between Lots 12, 13, 14 and 15. The first step in closing an alley is obtaining consent from each adjoining property owner. The Department of Transportation acquired ownership of Lots 12 and 13 in February of this year, therefore we knew we had their consent being that they are the ones wishing to close the alley. However, Lots 14 and 15 are owned by Mr. Robert Hedges. I was able to contact Mr. Hedges by mail and asked him to sign a Letter of Consent. He came into the office Friday morning, May 25, 2001 and advised that he will not give his consent to closing the alley as long as he owns the property. He has contacted Attorney Tom Conley to represent him. Alley Closing procedures require consent of all adjoining property owners and without his consent I cannot continue the application process. Please advise what direction you wish to proceed in this matter. I have enclosed a map indicating the property and the owners. Should you have any questions please do not hesitate to contact me. L 3 4 4 518 7 9 0 milli; lllmi;l;lllll*ll 8 7 6 5 4 3 2 1 W PARK ST 8 7 6 5 4 3 2 1 211 9 8,�7 6 5 4 3 2 1 f )w 3RD 5T 70i 8 7 6 5 4 3 2 1 w 4TH ST (100') c - rt� 8 78 543 2 1 3 1 1 1 19 0 4 5TH ST 70 8 716 5 4 3 2 1 T- r 3 Ln �SCOa0000E� 119.111 lvw llml!iAll - 1 , � (1 �+ � ltv 1 PROPERTY OWNED BY11M PROPERTY OWNED BY° PORTION OF -THE ALLEY REQUESTING TO BE CLOSED _ 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 1 2 191 • . EXHIBIT 3 JuNE 5 AGENDA RESOLUTION NO.01-7 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA TO APPROVE AND EXECUTE STATEWIDE MUTUAL AID AGREEMENT WITH THE DIVISION OF EMERGENCY MANAGEMENT, DEPARTMENT OF COMMUNITY AFFAIRS; AUTHORIZING THE COORDINATION AND USE OF AVAILABLE RESOURCES WITH OTHER LOCAL AND REGIONAL GOVERNMENTAL ENTITIES; PROVIDING FOR EFFECTIVE DATE. WHEREAS, when disasters strike, the initial resources to protect the health and safety of our citizens comes from local efforts of municipal and county sources; and WHEREAS, if response and recovery efforts are beyond the means of local sources, then State or Federal resources must be obtained to deal with such disasters; and WHEREAS, during a disaster time is of the essence, and obtaining additional sources of assistance outside the local community can often be time consuming, as well as inefficient due to necessary scheduling of response and related issues; and WHEREAS, the mutual aid agreement offered by the Division of Emergency Management offers a coordination of resources to assist local government in its rapid response to a disaster, which protects the health, welfare and safety of our citizens; it is THEREFORE, resolved by the City council, City of Okeechobee, Florida, that: 1. THAT the City is presently engaged in a mutual aid agreement with the Division of Emergency Management, which agreement expires on June 30, 2001. 2. THAT the City is offered an extension of the mutual aid agreement commencing July 1, 2001, so long as such extension is approved in the calendar month of June, 2001. 3. THAT since the inception of the mutual aid concept in 1994, many independent districts have joined local government in the mutual aid agreement, so that for the upcoming year, the city of Okeechobee will join other local governmental agencies, as well as over 900 independent special districts in the State of Florida to coordinate and implement resources in the event of a large scale disaster. 4. THAT entering into this mutual aid agreement will further the health, welfare and safety of our citizens, and is a valid municipal purpose. 5. THAT the City of Okeechobee, Florida therefore accepts and enters into the mutual aid agreement offered by the Division of Emergency Management, Department of Community Affairs for the year July 1, 2001 through June 30, 2002, and agrees to all terms and conditions set out in the formal mutual aid agreement which is incorporated and made a part of this resolution. ! 0 INTRODUCED AND ADOPTED this day of , 2001. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney