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2001-07-17 RegularCITY OF OKEECHOBEE JULY 179 2001 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 9 AGENDIA 000NCIL"ACTION DISCUSSION VOTE I. CALL TO ORDER - Mayor: July 17, 2001, City Council Regular Meeting, 6:00 p.m. Mayor Kirk called the July 17, 2001 Regular City Council Meeting to order at 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor Edward Weiss; 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 IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the June .5 2001 Regular Meeting and the June 19, 2001 Emergency Meeting. Pastor Weiss offered the invocation; Mayor Kirk led the pledge of allegiance. Deputy Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Absent Present Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the June 5, 2001 Regular Meeting and June 19, 2001 Emergency Meeting; seconded by Council Member Williams. There being no discussion on this item, vote was as follows: VOTE KIRK - YEA CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 181 V. WARRANT REGISTER - City Administrator. A. Motion to approve Warrant Registers: For May, 2001: General Fund .............. . .... $279,001.80 Emergency and Disaster Relief Fund . $60,045.75 Law Enforcement Special Fund ......... $530.15 Public Facility Improvement Fund ....... $519.00 For June, 2001: General Fund ................... $285,618.74 Debt Service Fund ................ $99,682.48 Emergency and Disaster Relief Fund . $93,843.54 Law Enforcement Special Fund ....... $2,687.78 Public Facility Improvement Fund ........ $30.50 VI. AGENDA -Mayor. JULY 17, 2001 - REGULAR MEETING - PAGE 2 OF 9 SCUSSIOW 40TE . - Council Member Watford moved to approve the Warrant Registers for the Month of May, 2001 in the amounts: General Fund two hundred seventy-nine thousand, one dollar and eighty cents ($279,001.80); Emergency and Disaster Relief Fund sixty thousand, forty-five dollars and seventy-five cents ($60,045.75); Law Enforcement Special Fund five hundred thirty dollars and fifteen cents ($530.15); Public Facility Improvement Fund five hundred nineteen dollars ($519.00); for the Month of June, 2001 in the amounts: General Fund two hundred eighty-five thousand, six hundred eighteen dollars and seventy-five cents ($285,618.75); Debt Service Fund ninety-nine thousand, six hundred eighty- two dollars and forty-eight cents (99,682.48); Emergency and Disaster Relief Fund ninety-three thousand, eight hundred forty-three dollars and fifty-four cents ($93,843.54), Law Enforcement Special Fund two thousand, six hundred eighty-seven dollars and seventy-eight cents ($2,687.78) and Public Facility Improvement Fund thirty dollars and fifty cents ($30.50); seconded by Council Member Oliver. There was a brief discussion on this item. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 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. 11 New Business items "B" and "G" were withdrawn. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.I. a) Motion to read by title only 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 Mayor Kirk opened the Public Hearing for ordinance adoption at 6:07 p.m. Council Member Watford moved to read by title only proposed Ordinance No. 770 regarding a rezoning request by David and Rose Conlon; seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. JULY 17, 2001 - REGULAR MEETING - PAGE 3 OF 9 183 .- wX .,rAr z :�I COUNCn�C'nc� nrsCussNoT� 11 VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1. c) City Attorney to read proposed Ordinance No. 770 by title only. City Attorney Cook 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 PARTICULARLYDESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY 1 (RSF1) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV)ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." A. 2. a) Motion to adopt proposed Ordinance No. 770. b) Public Comment and Discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. Vill. NEW BUSINESS. A. Discussion establishing tentative budget preparation schedule and the millage rate - City Administrator (Exhibit 2). Council Member Oliver moved to adopt proposed Ordinance No. 770; seconded by Council Member Chandler. Mr, Jim LaRue, City Planning Consultant addressed the Council, explaining that Petition No. 01-002-R was submitted by David and Rose Conlon. The other property owner involved is Handy Food Stores, Inc. The request is to rezone Lots 7 through 12 of Block 23, South Okeechobee from Residential Single Family 1 to Heavy Commercial. Half of the block fronts South Parrott Avenue, which is already zoned Heavy Commercial. Staff and the Planning Board are recommending approval of this petition based on the findings listed in the Staff Report as a part of Exhibit One. Approving the zoning change would also be consistent with the Future Land Use Map. Mayor Kirk asked whether there were any comments from the public. There were none. Council inquired as to surrounding property owners being notified. Deputy Clerk Gamiotea responded that seventeen letters were mailed with no response for or against the rezoning. There were no further comments from the Council. VOTE KIRK - YEA CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mayor Kirk closed the Public Hearing at 6:10 p.m. Administrator Veach and Accounts Supervisor Parker presented several scenario's for advertising the millage rate, 2001-2002 fiscal year. 184 JULY 17, 2001 - REGULAR MEETING - PAGE 4 OF 9 ._: . AiGENDA ` CT1t�1�-33ilSC SSION-VOTE %All. NEW BUSINESS CONTINUED. A. Discussion establishing tentative budget preparation schedule and Council Member Oliver moved to set the millage rate for advertising at 6.9399; seconded by Council Member Chandler. the millage rate continued. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. The Council briefly discussed different dates for the budget workshop and public hearings. Council Member Watford moved to set Tuesday, August 21, 2001 after the regular meeting as a Budget Workshop; Wednesday, September 12, 2001 at 5.01 p.m. the first budget hearing and Thursday, September 27, 2001 at 5:01 p.m. as -as the final budget hearing; seconded by Council Member Oliver. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B.1. a) Motion to read by title only and set August 21, 2001 as a public By request of the Florida Department of Transportation, this item was withdrawn from the agenda. hearing date, proposed Ordinance No. 771 closing a portion of the alley in Block 200 - City Attorney (Exhibit 3). b) Vote on motion to read by title only and set public hearing. c) City Attorney to read by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 771. b) Discussion. c) Vote on motion. JULY 17, 2001 - REGULAR MEETING - PAGE 5 OF 9 185 �. AGENDA .; COUNCIL ' DISCUSSION°'VOTE VI. NEW BUSINESS CONTINUED. C.1. a) Motion to read by title only and set August 7, 2001 as a final public Council Member Watford moved to read by title only and set August 7, 2001 as a final public hearing date for proposed hearing date for proposed Ordinance No. 772 amending the Ordinance No. 772 amending the Municipal Boundaries; seconded by Council Member Oliver. Municipal Boundaries - City Attorney (Exhibit 4). 11 VOTE b) Vote on motion to read by title and set hearing date. KIRK - YEA CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read by title only. Attorney Cook read proposed Ordinance No. 772 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, CODIFYING AMENDMENTS TO MUNICIPAL BOUNDARIES TO THE CITY OF OKEECHOBEE, FLORIDA DUETOCERTAIN ANNEXATIONS OF LANDS IN UNINCORPORATED OKEECHOBEE COUNTY, FLORIDA WHICH HERETOFORE HAVE NOT BEEN RECOGNIZED BY ORDINANCE; PROVIDING FOR CERTIFICATION OF SAME TO THE DEPARTMENT OF STATE, STATE OF FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 772. �I Council Member Oliver moved to approve the first reading of proposed Ordinance No. 772; seconded by Council Member Chandler. b) Discussion. III Attorney Cook explained this was done in conjunction with publishing the non-advalorm assessment for garbage u collection and consolidated the legal description of the City into one instrument, basically a house keeping measure. c) Vote on motion. VOTE KIRK - YEA CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 186 JULY 17, 2001 - REGULAR MEETING - PAGE 6 OF 9 ►t +IDA _ COUNCIL ACTION, DISCUSSION - VOTE Vill. NEW BUSINESS CONTINUED. D.1. a) Motion to read by title only and set August 7, 2001 as a public hearing date for proposed Ordinance No. 773 regarding a rezoning request from Mark Troendle - City Planning Consultant (Exhibit 5). (Planning Board does not recommend approval.) b) Vote on motion to read by title only and set public hearing date c) City Attorney to read by title only. Council Member Chandler moved to read by title only and set August 7, 2001 as a public hearing date for proposed Ordinance No. 773 regarding a rezoning request from Mark Troendle; seconded by Council Member Watford. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 773 by title only as follows: "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 COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 773. Council Member Watford moved to approve the first reading of proposed Ordinance No. 773; seconded by Council Member Oliver. b) Discussion. City Planning Consultant Jim LaRue briefly addressed the Council regarding Rezoning Petition No. 01-003-R submitted by Mark Troendle, Lori Geddes and Dr. Candido Aragon. The property is Lots 1 through 12 of Block 136, City of c) Vote on motion. Okeechobee and the request is to change the zoning designation from Commercial Professional Office to Light Commercial. The surrounding property includes professional offices, government offices, a County recreational ballpark and the Masonic Lodge. The subject property is designated Commercial on the Future Land Use Map therefore the proposed use is consistent with the Comprehensive Plan. However, due to the types of uses permitted in Light Commercial and the established professional office district along with the future expansion of the Okeechobee County Court House, Staff recommended the rezoning not be approved. The Planning Board considered this petition at the July 9, 2001 meeting and is also recommending the petition be denied. However, this is only a recommendation and the Council must set the public hearing to afford everyone an opportunity to voice their opinion. JULY 17, 2001 - REGULAR MEETING - PAGE 7 OF 9 187 Vill. NEW BUSINESS CONTINUED. D. 2. b) Discussion continued. c) Vote on motion. E.1. a) Motion to read by title only and set August 7, 2001 as a public hearing date for proposed Ordinance No. 774 regarding a rezoning request from Robert Cook and Gary Utt - City Planning Consultant (Exhibit 6). (Planning Board recommends approval.) b) Vote on motion to read by title only and set public hearing date. c) City Attorney to read by title only. COUNCfL ACTION - DISGUSSIOAI = VOTE Council Member Watford requested a copy of the Permitted Uses for Light Commercial be provided at the public hearing. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to read by title only and set August 7, 2001 as a public hearing date for proposed Ordinance No. 774 regarding a rezoning request from Robert Cook and Gary Utt; second Council Member Oliver, VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 774 by title only as follows: "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- 1 (RSF1) ZONING DISTRICT TO RESIDENTIAL MULTI -FAMILY (RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 774. uI Council Member Chandler moved to approve the first reading of proposed Ordinance No. 774; seconded by Council u Member Watford. b) Discussion. City Planning Consultant Jim LaRue briefly addressed the Council regarding Rezoning Petition No. 01-004-R submitted by Gary Utt and Robert Cook. The property is Lots 1 through 6 of Block 15, South Okeechobee and the request is to change the zoning designation from Residential Single Family-1 to Residential Multi -Family. The surrounding property is Single Family to the North and West, Commercial to the East and Multi -Family to the South. Fffire Ll • • JULY 17, 2001 - REGULAR MEETING - PAGE 8 OF 9 k 4 AGENDA :<COUNCIUJ�CTION=tSCUSSI0Ngv _. VI. NEW BUSINESS CONTINUED. E. 2. b) Discussion continued. c) Vote on motion. F. Motion to award a Code Book Reformatting bid to Municipal Code Corporation in the amount of $9,500.00 - City Clerk (Exhibit 7). G. Revisit Northeast 13th Avenue railroad crossing closure - City Administrator (Exhibit 8), H. Reconsideration of Restrictive Covenant - Mark Troendle (Exhibit 9). The subject property is designated Multi -Family on the Future Land Use Map therefore the proposed use is consistent with the Comprehensive Plan. Staffs recommendation is to approve the rezoning. The Planning Board considered this petition at the July 9, 2001 meeting and voted unanimously to recommend the City Council approve the request. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council member Watford moved to award a Code Book Reformatting Bid to Municipal Code Corporation in the amount of nine thousand, five hundred dollars ($9,500.00); seconded by Council Member Oliver. Attorney Cook addressed the Council on this item explaining that Clerk Thomas and he went through these bids. This is the company the City currently uses. The essence of the work will be to go through the existing code and check for conflicts with State Statues and internal conflicts, also comparing and adding the three volumes of the Unified Land Development Code. Their staff will recommend to us how to eliminate any inconsistencies found. This is a budgeted item. There was a brief discussion between the Council and Staff, Mayor Kirk commented that the Council had discussed this previously (in the budget process) and it was determined to be something we needed. KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Item was withdrawn from the agenda. Council Member Chandler moved to give Mark Troendle access to his property from Southwest 22na Street under the Restrictive Covenant; seconded by Council Member Williams. JULY 17, 2001 - REGULAR MEETING - PAGE 9 OF 9 1464K, #AGENDA COUNCILS►CTION=DISClISS10N-1IUTE VIII. NEW BUSINESS CONTINUED. H. Reconsideration of Restrictive Covenant continued. IX. ADJOURN MEETING - Mayor. PL�SETAKE NOTICE AND BE'ADVISED THAT IF A PERSON DECIDES TO APPEAL ION MADE BY THE CITY COUNCIL wrrH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE MAY NEEJ3 0 INSURE AT A VERBATIM RECORD OF THE, PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EjAbENCE UPON ICH THE APPEAL IS IO BE �s ATTEST: , James E. Kirk, Mayor bonnie S.'Thomas, CMC, City Clerk This item was discussed at the July 10, 2001 Special City Council Meeting and denied. Mr. Troendle was not present at the meeting and requested the matter be revisited to allow him time to address the Council on the matter. Attorney Cook began the discussions by stating again his reasons for drawing up the covenant as he presented them at the July 10 meeting. This particular street does not have lots located on it for future development, nor does it give the public access to another part of the City. It is approximately one hundred forty-two feet long and dead -ends into Mr. Troendle's property. Mr. Troendle addressed the Council by distributing pictures of other areas within the City that has the same situation and those streets are not paved. He stated, the City requesting him to pave the street was a little much since it only goes to his house and no other citizen will get any benefits from the street being paved. Council Members Watford and Oliver reiterated their position that the City has an ordinance giving the direction to pave the street as the areas are developed and that it would be setting a bad precedence. Public Works Director Robertson noted there is a very serious drainage problem in that area and that it is going to take some extensive engineering to make sure Mr. Troendle's shell road would not impact the area. Mr. Troendle indicated that he would be willing to discuss an easement on the south portion of his property to help eliminate the drainage problem in that area. Discussion continued at length, after which, the vote was as follows: VOTE KIRK - YEA CHANDLER - YEA OLIVER - No WATFORD - NO WILLIAMS - YEA MOTION CARRIED. There being no further items on the agenda, Mayor Kirk adjourned the meeting at 7:23 p.m. 0 0 'l� (Icy z4 &�, ChcLa "7, 2001 -4�0(Vak- 6-if Ocma Y)'Licttiq Lca Lq— / -�LVAU)c "nj C��o 0- C � 'Ittinclanct - Gar Ytco f Lootod Wcuo'ho 7,0-1t- aY �-Caki� 4 (V�`ctk" �rz AL C CJ L ;tl i yl i LC/ urUr/r�(� �J- "J(Ulc( u'qt�ctl Jt <nd 129-5, �vs "45 kCCL( Jam(' '�/ �41,kZIJ�' ku, �- �� l (��1 7�G��. ,�C,�1�c� ; (,��t%Z11—� �1. 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CALL TO ORDER - Mayor: July 17, 2001, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor Edward Weiss; 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. Motion to dispense with the reading and approve the Summary of Council Action for the June 5, 2001 Regular Meeting and the June 19, 2001 Emergency Meeting. E JULY 17, 2001 - CITY COUNCIL AGENDA - PAGE 2 OF 5 V. WARRANT REGISTER - City Administrator. A. Motion to approve Warrant Registers: For May, 2001: General Fund $279,001.80 Emergency and Disaster Relief Fund $60,045.75 Law Enforcement Special Fund $530.15 Public Facility Improvement Fund $519.00 For June, 2001: General Fund $285,618.74 Debt Service Fund $99,682.48 Emergency and Disaster Relief Fund $93,843.54 Law Enforcement Special Fund $2 687.78 Public Facility Improvement Fund $30.50 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. 1. a) Motion to read by title only, proposed Ordinance No. 770 regarding a rezoning request by David and Rose Conlon - City Planning Consultant (Exhibit 1). (Planning Board recommends approval) b) Vote on motion to read by title only. C) City Attorney to read proposed Ordinance No. 770 by title only. JULY 17, 2001 CITY COUNCIL AGENDA - PAGE 3 OF 5 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. a) Motion to adopt proposed Ordinance No. 770. • b) Public comments and discussion. C) Vote on motion. CLOSE PUBLIC HEARING - Mayor. VIII. NEW BUSINESS. A. Discussion establishing tentative budget preparation schedule and the millage rate - City Administrator (Exhibit 2). B. 1. a) Motion to read by title only and set August 21, 2001 as a public hearing date, proposed Ordinance No. 771 closing a portion of the alley in Block 200 - City Attorney (Exhibit 3). b) Vote on motion to read by title only and set public hearing. C) City Attorney to read by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 771. b) Discussion. C) Vote on motion. JULY 17, 2001 CITY COUNCIL AGENDA - PAGE 4 OF 5 VIII. NEW BUSINESS CONTINUED. C. 1. a) Motion to read by title only and set August 7, 2001 as a final public hearing date for proposed Ordinance No. 772 amending the Municipal Boundaries - City Attorney (Exhibit 4). b) Vote on motion to read by title and set hearing date. c) City Attorney to read by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 772. b) Discussion. c) Vote on motion. D. 1. a) Motion to read by title only and set August 7, 2001 as a public hearing date for proposed Ordinance No. 773 regarding a rezoning request from Mark Troendle - City Planning Consultant (Exhibit 5). (Planning Board does not recommend approval.) b) Vote on motion to read by title only and set public hearing date. c) City Attorney to read by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 773. b) Discussion. c) Vote on motion. JULY 17, 2001 CITY COUNCIL AGENDA - PAGE 5 OF 5 VIII. NEW BUSINESS CONTINUED. E. 1. a) Motion to read by title only and set August 7, 2001 as a public hearing date for proposed Ordinance No. 774 regarding a rezoning request from Robert Cook and Gary Utt - City Planning Consultant (Exhibit 6). . (Planning Board recommends approval.) b) Vote on motion to read by title only and set public hearing date. c) City Attorney to read by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 774. b) Discussion. c) Vote on motion. F. Motion to award a Code Book Reformatting bid to Municipal Code Corporation in the amount of $9,500.00 - City Clerk (Exhibit 7). G. Revisit Northeast 13t' Avenue railroad crossing closure - City Administrator (Exhibit 8). H. Reconsideration of Restrictive Covenant - Mark Troendle (Exhibit 9). IX. 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. • • ExHIBIT 1 JuLY 17 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 5 h 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 17t' day of July , 2001. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 Mai- 22, 2001 - Planning Board - Page 2 of 3 AGENDA IV. NEW BUSINESS. ACTION - DISCUSSION - VOTE A. Consider Petition 01-002-R: David Conlon, Rose Conlon, and Handv 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 15th 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. • III 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 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. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2345 94 I-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 Legal Description of Subject Property: 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 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). Background: 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 I - - #T 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 contrary 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 specifically authorized under the zoning district in the Land Development Regulations. rage --i- • 0 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"`I 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 time 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 F uturc Land tise Map. As such, the pr0110SCCI IISC iS COI1S1StCilt 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 rage -3- CITY OF OKEECHOBEE General Services Department 55 SE Third Avenue Okeechobee, FL 34974 Phone: 941-763-3372 FAX: 941-763-1686 Date Z— — C - 0 Petition No. 0 / -0 . - (Z Jurisdiction: / " ) 7 cXt `/ Fee Paid: ` -/ �% - U / Notices Mailed: " _i 1st Hearin - t- 2nd Hearin '-0-1-0 Cv- ' Uniform Land Use Application (Please attach separate sheets for required additional information) See Resolution No. 98-10:1 "PROOF OF INTEREST IN PROPERTY" for required additional information. F. Name of roe owner(s): DA V I I� 2U Co AjL,o ill yYJ*L �vo D S T�rz cS z d U c. ao ec Mailingaddress: YO . (.� .3 2t2 1t4-Ve 0/�e•�e L a. Property address: SL-AJ 1 S)) S T I t4 U I a. d Name of applicant, if other than owner (state relationship): 6 -SAS ` 63-SSSs Piger- PLFAsrn ATTACH LFGAL DESCRIPTION See Resolution No. 98-10:2 "PROPERTY SURVEY AND LOCATION MAP" for required additional information. Future Land Use Map designation: Current Zoning Classification: S 42 Approximate acreage or square feet: 'G Part of platted subdivision? t rS 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: Pole Dimensions, gross areas, and percentages of total land use of any existing public areas, reservations, buffers, open spaces, water retention takes 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 4_ o G Q' If yes, please describe: Have there been any land use applications concerning all or part of this property in the last year? ❑ Yes d-No If yes, indicate date, nature, and applicant's name: Briefly describe use of adjoining property: North: R ---5 , &A-T-oA - 4�'o00 SCrtVr,C,e East: Nr]� LJt/l 4 (6,m v4u4 LD fi S iZ South: 13 tJ-Ni< West: esr Q,eA,-r i4 L Check type of application, complete appropriate sections, and sign reverse side of application. See Resolution 98-10:4 "STATEMENT OF USE" for required additional information. Proposed Zoning Classification: (i -- EPrii t pL; P_. 1- -3 -0 ( L it ,_ •1 If granted, will the proposed zoning classification be contiguous with a like zone? 't✓ W p When development is proposed, see Resolution 98-10:9 "ENVIRONMENTAL ANALYSIS" 10 "PUBLIC FACILITY w IMPACT ANALYSIS", and 11 "SIGN PLAN" (where applicable), for required additional information a (Over) For Special Exception and Variance Applications, see Resolution No. 98-10:7 and 3 "SITE PLC\N" for required additional information. Describe the intended use requiring a Special Exception: Providespecific LDR ordinance section number and page number: See Resolution 98-10:10 "PUBLIC FACILITY IMPACT ANALYSIS" for re uired additional information. Supplementary su orting information: z How the intended use meets the standards in the Unified Land Development Code §253-2: C E- Demonstrate that the proposed location and site is appropriate for the use: U Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood: �r Demonstrate any techniques to visually screen the use from adjacent uses. U u -landscaping Demonstrate what is proposed to reduce the impact of any potential hazards, problems, public a- nuisance generated by the use: Demonstrate how utilities and other service requirements of the use can be met: Demonstrate how the ini pace of traffic >enerated will be handled off -site and on -site: Other - Describe the Variance sought: Suoolemental supporting information W Demonstrate that the variance is needed to overcome a hardship caused by the unique z physical conditions of the site: C 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 requesting aP2eal of decision: c:r a. G `, Supplementary supporting information: CONFIRMATION OF INFORMATION ACCUItkCY 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 (S500.00) and imprisorunent of up to thirty (30) days and may result in the summary denial of this application. S1uWature //- U / Date Rev: 11 /98 ExHIBIT 2 — JuLY 17 AGENDA Three Possibilities for Proposed Millage Rate for Tentative Budget 1. 6.4399 (reflects a .5 millage rate increase - should generate $98,000 in new revenue) 2. 6.0204 (roll back rate - would generate prior year revenue less new construction) 3. 5.9399 (current millage rate) * Note - While there are countless possible millage rates that can be proposed, please note that the rate you set on July 17 cannot be exceeded as we move through this year's budget process. We can adjust it downward, but we cannot exceed it. • • 2001-02 TENTATIVE BUDGET PREPARATION AND MILLAGE CALENDAR DATE AGENCY June 1 Account Supervisor July 5 Tax Assessor July 9 Department Heads July 23 -Aug 03 City Administrator Account Supervisor July 17 City Administrator City Council July 31 Account Supervisor (within 35 days certification) (26 days actual) August 13 City Administrator August 28 Tax Assessor (not more than 55 days of certification) (54 days actual) August 23 City Council ACTIVITY Submit to Department Heads budget preparation print out sheets reflecting actual expenditures for first seven months and estimate for 00-01. To prepare 2001-02 proposed. Submits certification of taxable value to taxing authority (City). Time period starts July 5, 2001. Submit completed budget work sheets to Account supervisor.. Review budget request with Mayor and Department Heads and tally Revenue and Departmental Budgets. Set date, time and place of public hearings to be held in September and consider proposed millage rate for tentative budget. Returns certification to Tax Assessor and copy to Tax Collector. Send 2001-02 budget copies to Council. Prepares and mails to each taxpayer a "Notice of proposed property taxes" (this serves as a general notice of first hearing of budget) Budget Workshop (this will leave time if a second workshop is necessary) -NO LESS THAN TEN DAYS AFTER NOTICE IS MAILED BY TAX ASSESSOR - September 11 City Council (within 80 days of certification. Not earlier than 65 days) (69 days aetual)(no sooner than 10 days after mailed notice)(14 days actual) September 14 City Clerk(Sept12) (at least 10 days prior to final hearing) (11 days actual) Holds first public hearing and reading on tax millage and appropriations ordinance. F. S. requirement prior to con- clusion of first hearing: 1. Council amends tentative budget 2. Adopt tentative millage and budget 3. Recompute proposed millage rate 4. Publicly announce percent millage rate exceeds "roll -back rate" Advertise budget ordinance. F.S. 166.041(3)(a) September 21 City Clerk(Sept 19) Advertise public hearing to finally adopt a millage rate (within 15 days of tentative budget) and budget (1/4 pg. 18 pt. type) in addition an adjacent notice (14 days actual) (within 80 days no later than meeting the budget summary requirements of Section F.S. 95 days) (78) days actual)(no sooner than 5 days 129.03 (3)(b) and statement of expense % increase over prior year no later than 2 days prior to final hearing ) (4 days actual) Expenditures September 25 City Council (no sooner than 2 days) (i.e. (no later than 5 days of advertisement) (4 days actual) (within 97 days no later than 100 days) (82 days actual) September 27 Account Supervisor (within 3 days of final hearing) (3 day actual) October 25 Account Supervisor Holds second public hearing, amend adopted tentative budget to finalize the budget, to adopt final budget; and to adopt millage rate. Forwards the certified resolution or ordinance adopting the final millage rate to the Tax Assessor and the Tax Collector.. Completes and certifies form DR-422 to property appraiser. Trim certification must be received by Department of Revenue no more than 30 days after adoption of final ordinance. DATES TO CONSIDER FOR BUDGET WORKSHOP, TENTATIVE AND FINAL HEARING 1. FIRST SCHEDULING OPTION - SCHOOL BOARD DULY 24, 2001 -WORKSHOP AUGUST 2, 2001 - TENTATIVE BUDGET HEARING SEPTEMBER 11, 2001 - FINAL BUDGET HEARING 2. SECOND SCHEDULING OPTION - COUNTY DULY 23, 2001 - WORKSHOP JULY 25, 2001 - WORKSHOP DULY 26, 2001 -WORKSHOP BUDGET HEARINGS DATES HAVEN'T BEEN SET AS OF 7-17-01 TIE» -CITY BUDGET WORKSHOP ESDAY AUGUST 21, 2001 LOSE PUBLIC MEETING OPEN BUDGET WORKSHOP OR R WEDNESDAY AUGUST 22, 2001. {� CITY POSSIBLE BUDGET HEARINGS DATES TENTATIVE (1ST.)-MONDAY THROUGH SATURDAY WEEK OF 9-10-01 - 9-15-01 EXCLUDING TUESDAY 9-11-01. FINAL (2ND) - WEEK OF 9-24-01 - 9-29-01 MONDAY THROUGH SATURDAY TENTATIVE AND FINAL MEETINGS MUST BE HELD AFTER 5:00 P.M. UNLESS HELD ON SATURDAY. THE BUDGET HEARING DATES MAY HAVE TO BE RESCHEDULED ONCE THE COUNTY SETS THERE HEARING DATES. WHICH EVER DATE IS CHOSEN FOR THE TENTATIVE (1ST) HEARING, THE FINAL (2N") HEARING NEEDS TO BE TWO WEEKS FROM THAT DATE. • EXHIBIT 3 JuLY 17 AGENDA ORDINANCE NO. 771 AN ORDINANCE CLOSING, VACATING AND ABANDONING A PORTION OF THE ALLEY OR ALLEYWAY LOCATED IN BLOCK 200, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application for the closing of certain streets or alleys as described in this ordinance; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS: Section One. The alleys or alleyways described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: A portion of a 15 foot wide alley in Block 200, City of Okeechobee as recorded in Plat Book 5, Page 5, Public Records, Okeechobee County, Florida, more particularly described as that alley running East to West between Lots 12, 13, 14 and 15. Section Two. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Three. This ordinance shall beset for final public hearing the 21 se day of August, 2001 , and shall take effect upon receipt of recorded easements from Florida Power and Light for the relocation of power lines and the Okeechobee Utility Authority for the relocation of a gravity sewer line and a water line. Page 1 of 2 INTRODUCED for first reading and set for final public hearing this 17th day of July, 2001. ATTEST: Bonnie S. Thomas, CMC, City Clerk James E. Kirk, Mayor PASSED and ADOPTED on second and final public hearing this 21 `t of_August , 2001. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 • • CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION SIGNAIDF�E OF APPLICANT: SIGNATURE OF CO -APPLICANT: J s E. Kirk, Mayor The foregoing instrument was acknowledged before me this TuAli !j ),00 i by (date) James E. Kirk and N/A , who is personally known to me or (applicant) (co -applicant) who produced /�f�- as identification and who �M (did not) take oath. � f otary Public, Commission No. Myco PI ES September 24, 2002 BONUED INRU TROY FAIN "' URANCE, INC (Name of Notary typed, printed or stamped) „r - S o r�,cE015 y [)ix.un�en—ry�tamps paid In tho amount of $ Pr Cieas C Intangible Tax paid in the amount of $ 0- Sharon Robertson, Clerk of Clreuit Court Okene Cou , Florida .d , ny: lA1�p , D.C. Date: 14 - -%o 1 O1-GWD.01 Date: January 10, 2001 This instrument prepared F.P. NO. 1968801 under the direction of: PARCEL 110.1 Bruce P. Cury, General Counsel SECTION 91070-2505 Post Office Box 1249 STATE ROAD 70 City: Bartow, Florida 33830 COUNTY Okeechobee Department of Transportation WARRANTY DEED 'THIS WARRANTY DEED, Made the _ZY_ day of o'l� 20Q1by HELKt ELIZAB T}i WALKER. A WIDOW, grantor, to t e STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, grantee, whose post office address is: Post Office Box 1249, Bartow, Florida 33831- 1249. (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals and the successors, and assigns of the organizations.) WITNESSETH: That the grantor, for and in consideration of the sum of $1.00 and other valuable considerations, receipt and sufficiency being hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in O'ceLq�jhobee County, Florida, viz: BEE EXHIBIT "A" TOGETHER with all tenements, hareditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same, in fee simple forever. AND the grantor herebv covenants with said grantee that the grantor is lawfully seized of said land in fee simple, that the grantor has good right and lawful authority to sell and convey said land, that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances. Page 1 Return To Paul N. Edgington Florin I. Department of'fransportation night Way Acquisition 11. 0 Box 1030 Fart Myers, Florida 33002-1030 " 450 PAGE0760 IN WITNESS WHEREOF, said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: (Two witnesses required by Florida Law) WITNESSES _ � (SEAL) Signature PAVL- rA , CDGIV1 QThA_ Print/Type Name ( SEAL) agnature A 7211 r Print/Type Name (SEAL) STATE OF % %,,„ A COUNTY OF .le GRANTOR(S) Z E SEAL) Helen Elizabeth Walker Grantor(s)' Mailing Address: 3%2,7.2, The foregoing instrument was acknowledged before me this day of _% 200/ by &,1,— GJn/�S.t who is personally known to me or who has produced C',,.. f, L,c.,,s.e A4—k) •.3P1-.Z-3-2%i - C5 as identification. / I. _ Name: A. y.l,- RMOM ARTHURRIYFAUBLE MY COMMISSION# CC807N8 No Public in and for the County and State last ,•'r EXPIRES:Febnng28,2= Ar n em u Thlu Ph:hva aforesaid. hmmm AW" My Commission Expires: Serial No., if any: � � r F.P. NO. 1968801 SECTION 91070-2505 PARCEL 110 "Lots 10, 11, 12 and 13 of Block 200, Okeechobee, according to the plat thereof recorded in Plat Book 2, page 17, public records of St. Lucie County, Florida," a subdivision in Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida, a copy of said plat recorded in Plat Book 1, Page 10, Public Records of Okeechobee County, Florida. Containing 2414.7 square meters (25,992 square feet). FILED F"R RECORD 348258 1.01'IFFn SHARON R.0j3ERTS0,?. CLE'P.K OF C1R(:11IT COt4 Legal De cription Approved by: C . AA A William E. Ray .L.S. 737 Date: _�_:1Q - I NOT VALID UNLESS EMBOSSED EXHIBIT "A" Page 3 asgsp • • 77tfs instrument prepared by: Jerald D. Bryant, Esquire 603 W South Park Street. Ste. 214 Okeechobee. Ft. 34972 Return to: Robert G. Hedges 3260 Hwy "I South. Suite 185 Okeechobee, FL 34974 Parcel 1. D. M 3-15-37-36-000-u20000140 Grantees S. S. 0 261.46.3517 lilt �� O ( ' i s , o F,,,.l. 19 Documentary 5larnp5 paid In the amount of $hafQti F2cttr:,t�;:n Cleih •' ' ;rC•., I +.'curt oxt�c:hurx,� ( aunty, fitr<ll't- Date:y— OIITT—GI�ATM DEED bhp 3h THIS QUIT -CLAIM DEED made this of October ,1999 by JERRY L. MCADAMS and BARBARA �Ac~ MCADAMS, his wife, hereinafter called the grantor(:), to ROBERT G. HEDGES, a single man, whose post office address it:�&o Highway 441 South, Suite 185. Okeechobee, Florida 34974. hereinafter called the grantee(s): ttil i LiR`� WITNESSETH: That the grantor. for and in consideration of the sum of $10.00 and other valuable eonsderstions, in hand pair -� by the said grantee(s). receipt whereof Is hereby acknowledged. does hereby remise. release and quitclaims unto the said grantee(s), all the right, title, interest, t Isim and demand which the said grantors) has(have) In and to that certain parcel of land situate in Okeechobee County. Florida. viz: LOTS 149 IS, 16, and 17 Block 200, Town of Okeechobee, according to the plat thereof as recorded In Plat Book 2, Page 17, Public Records of St. Lucie County, Florida, a copy of said plat being recorded in Plat Book 1, Page 10, Public Records of Okeechobee County, Florida. THIS DEED IS GRANTED TO THE PREVIOUS OWNER IN LIEU OF FORECLOSURE OF THE PURCHASE MONEY MORTGAGE. W W TO HAVE AND TO HOLD, the same together with all the appurtenances thereunto belonging or in anywise appennininj;"3 and all the estate, right• title, interest• lien• equity, and claim whatsoever of the said grantor(s), either in law or equity• to the only proper usC' benefit and behoof of the said grantee(s) forever. '97- our IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first above written. Jed and delivered name or wrr &.) .>, , rlf witness) 171 3vr72- w S AS TO O771 ii.0 � � l • C (. (Prinsed tame of v}{meas) / L J J- taJ J I'aa /Li 3 e. •>t v �Ktc slu,�t•� Y,C (Address of witness) '9V?j L I S G MCAbA1*jS L7— ,44 AA, Address OK re.1.�►�.� d FL _7 �— City R State (wla ARBARA MCADAMS T N 4(a e A�--.. Address MC) City 1k State : 2 STATE OF FLORIDA J COUNTY OF OKEECHOBEE Lj 1 HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared JERRY L. MCADAMS and BARBARA MCADAMS, who areLDersonally known to me as the persons described In and who executed the foregoing instrument, or who produced as proof of a tbn, and who acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and Sa ast afo ssid this , day of October, 1999. N J.ttld D Bryant J * *My c'nmisalon ocam of pub Printed came of Notary My Commission Expires: Thb dor"mZlintururneat Am been prvpwW wlthout repett fororbeneflt ojalde examinadon, f)em Wormatlon prodded by the pardet hereto. 77te prrpwvr dots not guarantee nor insure markekwilty of dde, accuracy of legal descripdon, or quenaUfj of land described Atreby. 4m5- Authorized Signa thorized Signature Authorized Si Typed Name & Title 4(0T-��o� Phone No. Typed Name & Title Phone No. Date Date Typed Name & Title Phone No. Date l ...N R?li i#.v�04 am S� .................:::.::......<.:::.::::::.:.;:.;; r¢ A Ike- . o T VJC soo . O� Ra es+s G(esiiJc� *.•:, la Do) Gr.863,763.9�Go Authorized Signature Typed Name & Title Phone No. Date Required Only For City of Okeechobee & First Addition to c:Ity or UKeecIIUWUC ou"UIVIOwIN.J. �, �G3 7a3Ji� Authorized Signature Typed Name & Title Phone No. Date Revised 5111199 . _b_ • 7-6-01 Date Authorized Signature 7-7-01 Date Donnie Robertson, PW Director n nni P Hnrtnn r CitjF Engirioar Typed Name & Title Typed Name & Title Denny Davis, Chief of Police Typed Name & Title Keith Tomey, Fire Chief Typed Name & Title NO OBJECTIONS ATTHIS TIME . .................. Authorized Sig ature 01/. Date Bill L. Veach, City Administrator Typed Name & Title APPLICATION APPROVED BY: BONNIE S. THOMAS, CITY CLERK DATE ?4D 3 4M5171 9 0 W 2N0 ST 70 F PARK. ST (70') .. _ 1 41.E11--- - PARK ST 7 tS 17 [ 615141 3 ,r1l 5r 6p 7 f 9 t W 2ND ST (7! T8171 154-13121 1 1 1 11 0 9 8 7 6 5 4 3 11 2 1 H. 6 5 4 1 6 5 4 3 2 rn PillI oiiaooa lol: .W 3RD ST 70 _ 3 5 6 4 3 2 8 7 1 8 7 8 5 4 3 2 1 8 716,5 4 3 121 1 oC At�y� 'glod 200 b�+ween U&S 12. M I'l a Pu4abn 0 191 JUL-16-01 02:16 PM D O T 19413382311 P.02 • Florida Department of Transportation JEB BUSH GOVERNOR July 16, 2001 Bonnie S. Thomas, City Clerk City of Okeechobee 55 S. E. 3rd Avenue Okeechobee, Florida 34974 THOMAS F. BARRY, JR, 5ECRFTARV RE: JULY 17, 2001 CITY COUNCIL MEETING CITY OF OKEECHOBEE AGENDA ITEM — ORDINANCE NO.771 VACATING A PORTION OF THE ALLEY IN BLOCK 200, CITY OF OKEECHOBEE DOT ITEMISEGMENT NUMBER 1968801 (SR 70) DOT PARCEL NUMBER 119 Dear Ms, Thomas; The Department is still looking into the ramifications of relocating the utilities from the alley and requests that you put the vacation process on hold until further notice. Thank you for the courtesies and cooperation you have extended us. Should you have any questions, please do not hesitate to contact me. PNE/mgt Sincerely, Paul N. Edgington Right of Way Agent District One, Southwest Area Office 2295 Victoria Avenue*Post Office Box Z1g030*Fort Myers, FL 33902-1030 (941) 461 W0`0 " Ot 18t9te,11,u6 (Fax) « MS 1-98 RECYCLED �A►ER • • ExxisiT 4 — JULY 17 AGENDA ORDINANCE NO. 772 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, CODIFYING AMENDMENTS TO MUNICIPAL BOUNDARIES TO THE CITY OF OKEECHOBEE, FLORIDA DUE TO CERTAIN ANNEXATIONS OF LANDS IN UNINCORPORATED OKEECHOBEE COUNTY, FLORIDA WHICH HERETOFORE HAVE NOT BEEN RECOGNIZED BY ORDINANCE; PROVIDING FOR CERTIFICATION OF SAME TO THE DEPARTMENT OF STATE, STATE OF FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, municipal boundaries of the City of Okeechobee, Florida are originally contained in the City charter; and WHEREAS, in the intervening years since charter adoption the City of Okeechobee has acquired additional lands due to various annexations of lands within the unincorporated area of Okeechobee County, Florida, which lands were contiguous to then -existing municipal boundaries, as provided by law; and WHEREAS, although the current municipal boundaries are clearly described by maps held by the Office of the City Clerk, it is necessary and appropriate for the City of Okeechobee, Florida to formally update its municipal boundaries by ordinance adoption; and WHEREAS, the City of Okeechobee is authorized by Florida Statutes 166.031(3) to enact this ordinance to amend the city charter to reflect the expanded municipal boundaries obtained through annexations; therefore BE IT ORDAINED THAT the City of Okeechobee, Florida, through adoption by the City Council, hereby enacts the following ordinance: 1. THAT the municipal boundaries of the City of Okeechobee, Florida are hereby re -drawn, and formally declared to include and reflect certain annexations of lands as set out on the legal description and boundary map attached hereto as Exhibit A, which exhibit is adopted as the most recent and accurate description of the municipal boundaries of the City of Okeechobee, Florida as of May 22, 2001; and which exhibit is incorporated by reference as if fully set forth herein and made a part hereof. 2. THAT as authorized and provided in Florida Statutes 166.031(3), the charter for the City of Okeechobee, Florida is amended to reflect the current and updated municipal boundaries for the City, as contained and reflected in the exhibit hereto, and which shall be incorporated into the charter. 3. THAT the office of the city clerk is directed to forward this ordinance to the Department of State, State of Florida, as provided by law. INTRODUCED for first reading and set for final Public Hearing on this 17th day of July , 2001. ATTEST: Bonnie S. Thomas, CMC, City Clerk James E. Kirk, Mayor Page 1 of 6 PASSED AND ADOPTED after Second and Final Public Hearing this 71h day of Au ust, 2001. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 6 EXHIBIT A - ORDINANCE NO. 772 MUNICIPAL BOUNDARIES THAT A MUNICIPALITY to be called the City of Okeechobee is hereby established in the County of Okeechobee, the territorial boundaries of which shall be as follows: Beginning at the Northeast corner of the Northwest quarter of the Northeast quarter of Section 15 in Township 37 South, Range 35 East, and then run South to the Southeast corner of the Southwest quarter of the Southeast quarter of Section 22, Township 37 South, Range 35 East, then run West along the section line dividing Sections 22 and 27 and 21 and 28, to the Southwest corner of Section 21, Township 37 South, Range 35 East, then run North along the section line dividing Sections 20 and 21 and 16 and 17 to the Northwest corner of Section 16 in Township 37 South, Range 35 East, then run East along section line dividing Section 9 and 16 and 10 and 15 to Point of Beginning; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: Beginning at the Northeast corner of the Northeast quarter of Section 28 Township 37 South of Range 35 East and then run South to the Southeast corner of the Northeast quarter of Section 28, Township 37 South of Range 35 East, then run West to the Southwest corner of the Northeast quarter of Section 28 Township 37 South of Range 35 East and then run North to the Northwest corner of the Northeast quarter of Section 28, Township 37 South of Range 35 East, and then run East to Point of Beginning; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: Beginning at the Southeast corner of Section 9, Township 37 South, Range 35 East and bear North along the East line of said Section 9 a distance of 325.12 feet to the South boundary of that property described in Official Records Book 207, Page 177, Public Records of Okeechobee County, Florida; thence bear South 89059'53" West along the South boundary of said property described in Official Records Book 207, Page 177, a distance of 351.67 feet to a point on the East right-of-way line of State Road 15 (a/k/a Parrott Avenue); thence bear South 00000'07" West along said right-of-way line a distance of 301.12 feet; thence bear North 89052'43" East along said road right-of-way line a distance of 20.00 feet; then bear South 00°00'07" East along said road right -of -way line a distance of 24.69 feet to a point on the South line of said Section 9; thence bear North 89052'43" East along the South line of said Section 9 a distance of 331.66 feet to the Point of Beginning. ALSO: Beginning at the Southwest corner of Section 10, Township 37 South, Range 35 East and bear North along the West line of said Section 10 a distance of 325.12 feet to a point on the South boundary of that property described in Official Records Book 207, Page 177; thence bear North 89059'53" East a distance of 448.33 feet along the South boundary of said property described in Official Records Book 207, Page 177; then bear South 00000'07" East along the extension of the East boundary of said property described in Official Records of Book 207, Page 177, a distance of 321.60 feet to a point on the South line of said Section 10; thence bear South 89032'54" West a distance of 448.36 feet to the Point of Beginning. All lying and being in Sections 9 and 10, Township 37 South, Range 35 East; adopted on June 6, 1983 by Ordinance No. 486 recorded in OR Book 284 Pages 372-373, Public Records of Okeechobee County, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: Lot 6 and the South half of Lot 5 of Block 44; Lots 14 through 16, inclusive of Block 45; Lots 11 through 16, inclusive of Block 52; Lots 1 through 6, inclusive of Block 53; Lots 1 through 6, inclusive of Block 68; Lots 11 through 16, inclusive of Block 69; Lots 11 through 16, inclusive of Block 76 and Lots 1 through 6, inclusive of Block 77 all located in Conner's Highlands, as recorded in Plat Book 1, Page 21, Official Records of Okeechobee County; adopted on August 1, 1983 by Ordinance No. 489 recorded in OR Book 256 Page 991, Public Records of Okeechobee County, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: Lots 17 through 26, inclusive of Block 52 and Lots 1 through 10, inclusive of Block 69 all located in Conner's Highlands, as recorded in Plat Book 1, Page 21 Official Records of Okeechobee County; adopted on December 10, 1984 by Ordinance No. 526 recorded in OR Book 275 Page 1231, Public Records of Okeechobee County, Florida; Page 3 of 6 AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: Lots 1 through 6, inclusive and 8 through 10, inclusive of Block 76; Lots 17 through 26, inclusive of Block 69 all located in Conner's Highlands, as recorded in Plat Book 1, Page 21 Official Records of Okeechobee County; adopted on November 19, 1985 by Ordinance No. 563 recorded in OR Book 280 Page 921, Public Records of Okeechobee County, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: Lots 1 through 10, inclusive of Block 52; and Lots 17 through 26, inclusive of Block 45 all located in Conner's Highlands, as recorded in Plat Book 1, Page 21 Official Records of Okeechobee County; adopted on December 2, 1986 by Ordinance No. 583 recorded in OR Book 283 Page 790, Public Records of Okeechobee County, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: Parcel "C": South one-half of Southwest one -quarter of Northwest one -quarter of Northwest one -quarter. Lying in Section 27, Township 37 South, Range 35 East, Okeechobee County, Florida; adopted on January 20, 1987 by Ordinance No. 587 recorded in OR Book 284 Page 374, Public Records of Okeechobee County, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: Lot 7 of Block 76 located in Conner's Highlands, as recorded in Plat Book 1, Page 21 Official Records of Okeechobee County; adopted on September 5, 1989 by Ordinance No. 613 recorded in OR Book 307 Pages 220-221, Public Records of Okeechobee County, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDEDAS FOLLOWS: PARCEL I -The Northwest one -quarter of the Northwest one -quarter of the Northeast one -quarter; together with the Northeast one -quarter of the Northwest one -quarter lying North and East of Taylor Creek; also the West 176 feet of the Northeast one -quarter of the Northwest one -quarter of the Northeast one -quarter, less Plat of the 2"d Addition of Okeechobee Estates, also less and except the following described parcel: Beginning at the Southeast corner of Lot No. 14, Okeechobee Estates, according to replat of Lots 1 to 14 of Okeechobee Estates, as recorded in Plat Book 3, Page 55, Public Records of Okeechobee County, Florida, thence run South 00°22'24" East for a distance of 55 feet, thence North 89037'36" West a distance of 55 feet more or less to Taylor Creek, thence Northwesterly along the boundaries of Taylor Creek to a point of an extended line parallel to the South line of herein described tract then South 89037'36" East for a distance of 100 feet, more or less, to Point of Beginning. All being in Section 27, Township 37 South, Range 35 East, Okeechobee County, Florida. Parcel V - Northeast quarter of Northeast quarter; East half of Northwest quarter of Northeast quarter less and except the West 176.00 feet of the Northeast quarter of the Northwest quarter of the Northeast quarter all being in Section 27, Township 37 South, Range 35 East; adopted on October 3, 1989 by Ordinance No. 616 recorded in OR Book 307 Pages 1405-1406, Public Records of Okeechobee County, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: PARCEL VI - That part of the Southwest quarter of Northwest quarter of Northeast quarter lying North and East of Taylor Creek; that part of the South half of Northeast quarter lying North and East of Taylor Creek; that part of the North half of Southeast quarter lying North of Taylor Creek, all being in Section 27, Township 37 South, Range 35 East; adopted on January 2, 1990 by Ordinance No. 622 recorded in OR Book 310 Page 480, Public Records of Okeechobee County, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: All that certain piece, parcel ortractof land situate, lying and being in Sections 27 and 28, Township 37 South, Range 35 East, Okeechobee County, Florida, as shown on the original Government Land Office (G.L.O.) Township Plat and as approved by the Surveyor General on September 29, 1903. All of which is more particularly bounded and described as follows, to -wit: Commencing for reference at a found 5/s" iron rod with cap (stamped "PLS 3372") at the East quarter Section corner of said Section 28, Township 37 South, Range 35 East; Thence, bearing South 89°30'05" West along the South line of the Northeast quarter of Section 28, Township 37 South, Range 35 East, a distance of 297.04 feet to set 7/8" iron rod with aluminum alloy cap (stamped ECD PLS 5179) and the point and place of beginning of the herein described parcel; Thence, continuing along same, bearing South 89°30'05" West a distance of 62.29 Page 4 of 6 feet to a set P.K. nail and disk (stamped lb 6221) on the East right-of-way line of U.S. 441, (a/k/a State Road 15 and Parrott Avenue, 100 feet wide right-of-way;Thence, leaving the South line of the Northeast quarter of Section 28, bearing North 00010'23" West along said East right-of-way line of U.S. 441, a distance of 242.00 feet to the South line of Block 51 First Addition to South Okeechobee, as recorded in Plat Book 1, Page 17, Okeechobee County, Florida; Thence, leaving the East right-of-way line of U.S. 441, bearing North 89030'05" East along said South line of Block 51, a distance of 359.56 feet to a set 7/8" iron rod with aluminum alloy cap (stamped ECD PLS 5179) on the East line of said Section 28; Thence, leaving the South line of Block 51, bearing North 00007'12" West along said East line of Section 28 and along the East line of said Block 51, a distance of 295.93 feet to a set 7/8" iron rod with aluminum alloy cap (stamped ECD PLS 5179); Thence, leaving the East line of Section 28 and the East line of Block 51, bearing North 89018'40" East a distance of 483.36 feet to a set 7/a" iron rod with aluminum alloy cap (stamped ECD PLS 5179); Thence, bearing North 00°10'23" West a distance of 121.82 feet, to a set 7/8" iron rod with aluminum alloy cap (stamped ECD PLS 5179); Thence, bearing North 89018'40" East along the North line of South half of the Southwest quarter of the Northwest quarter of said Section 27 a distance of 528.47 feet to a set 7/a" iron rod with aluminum alloy cap (stamped ECD PLS 5179); Thence, bearing South 00010'23" East along a line 1421.61 feet East of and parallel with the centerline of the aforesaid U.S. 441, a distance of 730.00 feet to a set 7/8" iron rod with aluminum alloy cap (stamped ECD PLS 5179); Thence, bearing South 89018'40" West a distance of 285.41 feet to a set7/8" iron rod with aluminum alloy cap (stamped ECD PLS 5179); Thence, bearing South 18029'43" East a distance of 234.56 feet to a set 7/8" iron rod with aluminum alloy cap (stamped ECD PLS 5179); Thence, bearing South 00010'23" East a distance of 173.72 feet to a set 4"x 4" concrete monument with aluminum alloy cap (stamped M.F. Lenz Co. LB 6221); Thence, bearing South 89018'28" West along the North line of lands of City Markets Building, Inc. as recorded in Official Records Book (O.R.B.) 205, Page 285 and Official Records Book 201, Page 73, a distance of 1021.76 feet to a set7/8" iron rod with aluminum alloy cap (stamped ECD PLS 5179), at the Southeast corner of those lands of Louis R. Demicco as recorded in Official Records Book 200, Page 893 Public Records of Okeechobee County, Florida; Thence, leaving the North line of lands of City Markets Building, Inc., bearing North 00007'12" West along the Easterly line of those lands of Louis R. Demicco, a distance of 424.40 feet to a set 7/8" iron rod with aluminum alloy cap (stamped ECD PLS 5179); Thence, continuing along the lands of Louis R. Demicco, bearing South 89°30'05" West a distance of 35.00 feet to a set 7/a" iron rod with aluminum alloy cap (stamped ECD PLS 5179); Thence, continuing along the lands of Louis R. Demicco, bearing North 43044'23" West a distance of 59.98 feet to the point and place of beginning; The above described premises contain an area of 1,182,298.90 square feet or 27.14 acres. Subject to all Easements, Conditions and Restrictions as contained within the Chain of Title; adopted on March 17, 1998 by Ordinance No. 710 recorded in OR Book 403 Pages 1627-1631, Public Records of Okeechobee County, Florida. CONSISTING OF APPROXIMATELY 2651.649 ACRES, MORE OR LESS. (TOTAL AREA IN ACREAGE OF THE CITY OF OKEECHOBEE AS HEREIN DESCRIBED AS OF THE DATE OF THE LAST ANNEXATION ON MARCH 17, 1998 SET OUT ABOVE). Page 5 of 6 i 0 HEAVY RED BORDER DEPICTS '-- MUNICIPAL BOUNDARY -- J- J-- I—__—J U J I—] L--.J —_J I-1 L—__! L— L _ J L I —1 R J I--1 I I J r— - J- I----J flt - - it- I�--JF-,❑ �� ( �� i�ir JL-1I L J I ILJ �� '_J �� JI-Ir -J �\ L—1 I J L___J L_—1 _l _J __I —J L—J _ L___ �—J ~_I I_� U_ L—J ULJ� --- —J J �1 L--- (L_-1 I` " L_1 L_.-J I_- J (L—I (L_\ I � L__-� I—_� U I ._i - '-1F—Jf L — . JL _I ��JJ I Il IF__1F I 1I—J 1 JL-� I I 1f_1=- I 1 I _ -- II �l - _ II 1 _ _IL_�L- I 11 )I - -- -I -1 -J L ___ 11 ----1 L- l L - '- 11 _I .1 l _ _ ----1 I 1 L___ J1 JI--1f- -- L 1 i �_ ]1 -11 r -1 � f _ 1111 L 1 IL I I � —I L% L -Ld 1 J l_ -J I —I L._-J L_l L_J' lr J - F1r— I n L --J �- --1 -- L J LJ L_ J L_J L_J -�I �- i�-_J IF -1L 1(__I[ I L J F -- I LJ �UC-1 Municipal Boundary Map \�- J City of Okeechobeell Okeechobee, Florida f\�� 1 _� CJ C _� Provided according to legal rr CI L description as recorded in r lr the public records of Okee- chobee County to date includ- ingthe original and all LJ annexed additions on file in the office of the City Clerk. In cooperation with the office of the Okeechobee County Property Appraiser. May 22, 2001 Page 6 of 6 • ORDINANCE NO. 773 ExHIBIT 5 JuLY 17 AGENDA 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 COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) 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 2.066 acre(s) from Commercial Professional Office (CPO) Zoning District to Light Commercial (CLT) 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 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 Block 136, OKEECHOBEE, according to the plat thereof recorded in Plat Book 2, Page 17 of the Public Records of St. Lucie County, Florida and being also recorded in Plat Book 5, Page 5, 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 Commercial Professional Offices (CPO) to Light Commercial (CLT). 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 of 17' day of July, 2001. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 7t" day of August, 2001. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 IV. n LJ JULY 9, 2001 - SPECIAL PLANNING BOARD MEETING - PAGE 2 OF 5 AGENDA ACTION DISCUSSION - VOTE NEW BUSINESS. A. Consider Petition 01-003-R: Dr. Candidio Aragon, Lori Geddes and Mark Troendle, property owners; Mark Troendle, applicant. Request for a change in zoning from the existing classification of Commercial Professional Office (CPO) to Light Commercial (CLT). The property is located within the 200 Block of Northwest 5``' Avenue, and more legally described as Lots 1 through 12, Block 136, City of Okeechobee. Mr. Jim LaRue, City Planning Consultant with LaRue Planning and Management Services, described the petition and gave a background on the subject property. He explained that the parcel is approximately 2 acres in area and is Commercial in nature. Mr. LaRue noted that the applicant stated in his Statement of Use that he is contemplating using this property for a construction office and storage. Mr. LaRue had some concerns allowing storage in Light Commercial, and would prefer storage in Heavy Commercial. He further noted that to allow the storage would require a considerable amount of buffering from the surrounding properties. Mr. LaRue stated the more he reviewed the petition the more inconsistencies were found with the requested zoning for the subject property, one in particular being traffic impacts to the area. Board Member Hoover asked why storage would be allowed in Light Commercial when the Land Development Regulations require storage for trade contractors in Heavy Commercial. Mr. LaRue responded that Light Commercial allows for office storage. He agreed that the storage of trade contractors belongs in Heavy Commercial and that it would be a stretch to allow storage of a contractor in Light Commercial. Board Member Mavroides commented that in the past the Board has gotten into a bind by approving or denying a petition based on just one of the allowable uses in the requested zoning and not considering all permitted principal uses. Attorney Cook explained that the Board indeed needed to consider all permitted uses and uses by special exception in the Light Commercial zoning, not just this particular request for storage of a trade's contractor. He further explained that the Board needs to consider the location and if it would be appropriate for a night club, church or car dealership. Mr. LaRue agreed with Attorney Cook and again noted that storage would be better placed in Heavy Commercial zoning. Mr. George Long, County Administrator representing Okeechobee County, addressed the Board stating that the County is in agreement with Mr. LaRue's recommendation. He opposed the petition and explained that the County is to build a new judiciary facility and will be starting construction within the next six months, spending approximately $12 to $14 Million. The future location of the judiciary facility currently has professional offices that will need to be relocated prior to construction. JULY 9, 2001 - SPECIAL PLANNING BOARD MEETING - PAGE 3 OF 5 ACTION - DISCUSSION VOTE IV. NEW BUSINESS CONTINUED. A. Consider Petition 01-003-R continued. Mr. Long continued by stating that the subject property would be a good location for those businesses to relocate to. Mr. Long further noted that Light Commercial zoning allows for a night club or pawn shop and that, in his opinion, would not be an appropriate zoning for the proposed location due to the close proximity to a ball field and playground. Mr. John Cassels, a surrounding property owner, was acknowledged by the Board. Mr. • Cassels stated that his property is the adjacent block to the East and also agrees that this would not be an appropriate rezoning. He had concerns for the compatibility of the adjoining uses being professional office. The general retail allowed in Light Commercial depending on the type of retail could have major impacts on the traffic in the area. He explained that if a small sewing shop were to open within the subject property it probably would not greatly impact the traffic flow. However, if there was a night club, traffic flow would then become heavy especially during baseball seasons when the ballpark is filled with people. There was no further comments from the public. The Board had no further comments. Board Member Mavroides moved to recommend that the Planning Board recommend that the City Council deny Petition 01-003-R based on staff recommendations and the testimony heard at the public hearing. Board Member Keller seconded the motion. • VOTE HOOVER - YEA JONES - YEA KELLER - YEA LEDFERD - YEA MAVROIDES - YEA MOTION CARRIED. B. Consider Petition 01-004-R: Robert H. Cook and Gary W. Utt, property Mr. Jim LaRue, City Planning Consultant with LaRue Planing and Management Services, owners; Gary W. Utt, applicant. Request for a change in the zoning from described the petition and gave a background on the subject property. He explained that a the existing classification of Residential Single Family-1 (RSFl) to couple of months ago the applicant applied for a Future Land Use Map Amendment to Residential Multiple Family (RMF). The property is located at 1114 S.W. changing the land designation from Single Family to Multi -Family and was approved by the 2"d Avenue, and more legally described as Lots 1 through 6, Block 15, Land Planning Agency and City Council. Staff findings included that the requested zoning Okeechobee Heights. change will not adversely impact the surrounding properties. That it is consistent with the Comprehensive Plan and would not be granting special privilege. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 • 941-334-3366 From Commercial Profe, Commercial Light (CL7) Petition No. 01-003-R ional Offices (CPO) to Prepared for: The City of Okeechobee • • Staff Report Mark Troendle, Owner/Representative Rezoning Request Petition No. 01-003-R Lori Geddes, Owner Dr. Candido Aragon, Owner Mark Troendle, Owner/Agent for Owners Post Office Box 2009 Okeechobee, Florida 34973 Legal Description of Subject Property: Lori A. Geddes — Lots 1, 2, and 3, Block 136, Okeechobee, according to the Plat thereof recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida and being also recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Candido P. Aragon — Lots 4, 5, 6, 7, 8, and 9 of Block 136, Okeechobee, according to the Plat thereof recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida, a copy of said Plat being also recorded in Plat Book 1, Page 10, Public Records of Okeechobee County, Florida. Mark Troendle — Lots 10, 11, and 12, Block 136, Town of Okeechobee, according to the Plat thereof recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida a copy of said Plat being also recorded in Plat Book 1, Page 10 and in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The matter for consideration by the City Council and the Planning Board for the City of Okeechobee, is an application by Mark Troendle, Owner/Agent on behalf of the other two owners requests a change in zoning from City of Okeechobee Commercial Professional Offices (CPO) to City of Okeechobee Commercial Light (CLT), petition number 01-003-R. The subject property is approximately 2.066 acres. The applicant intends to develop the property as an office/storage for business purposes and has stated that the Commercial Light zoning classification would best suit the business. This development will have public utilities. Adjoining property uses are as follows: North: Old Jail South: Masonic Lodge East: Commercial West: Public Ball Park Page -1- • 0 Staff Report Mark Troendle, Owner/Representative Rezoning Request Petition No. 01-003-R • • • • • • When recommending whether or not to rezone a classification of land, the Planning Board shall consider, where applicable, the following factors: 1. The proposed use is not contrary to Comprehensive Plan requirements. The proposed Zoning District of Commercial Light is an accepted zoning classification under the Commercial Future Land Use category but may not be appropriate in terms of compatibility with all other zoning districts that fall under the Commercial Future Land Use category. This could certainly be true if specific uses are developed requiring special exception approval under the Commercial Light Zoning District. Policy 2.1 of the Future Land Use Element speaks to incompatibility of various uses and based on the existence of professional office areas within the immediate vicinity of the proposed map amendment, it is debatable whether uses accommodating storage would be appropriate in this instance. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. In the initial report it was determined that the proposed use was allowed by the Land Development Regulations. However, after further review, a contractor's office with full access to materials might be better suited as a special exception within the Heavy Commercial Zoning District. 3. The proposed use will not have an adverse effect on the public interest. With the presence of professional office uses nearby, it is possible that ingress and egress to and from the proposed contractor's office (involving truck traffic and contractor materials) might be detrimental to the public. 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. While the subject property is located in an area of diverse uses, it is bordered by CPO. Because of the relatively small amount of land designated for this district, the proposed use could discourage or detract from the proper development/redevelopment of this area. This subject is addressed directly in Policy 2.2 of the City's Comprehensive Plan, below. Policy 2.2: In accordance with property rights policies adopted by the Central Florida Regional Planning Council in the Central Florida Regional Policy Plan, the City of Okeechobee Page -2- • • Staff Report Mark Troendle, Owner/Representative Rezoning Request Petition No. 01-003-R recognizes and shall continue to protect private property rights. In implementing the Comprehensive Plan, the City shall continue to ensure that its land development regulations protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. Planning for land use and public facilities in the City shall consider private property rights, and ensure citizen input into government land use decisions affecting property rights. 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. The types of development allowed under Commercial Light could be a deterrent to the complete development of a solid professional office district and attempts of redevelopment. 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 nature of a contractor's business would require a greater degree of buffering than other types of offices. It is difficult for a use of this nature to provide enough buffering to exist in a professional district. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed zoning change and uses involving storage allowed within the proposed zoning district might create an intensity pattern that would overburden public facilities especially the streets. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. It is difficult to determine what traffic impacts would be for storage uses allowed under this district. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The change to Commercial Light still may not be the best zoning designation for a contractor's office. Technically, with Code limitations, it can be allowed by special exception under Commercial Light but Heavy Commercial seems more appropriate. The burden of restrictions in Commercial Light may not result in a satisfactory result for the applicant. Page -3- Staff Report Mark Troendle, Owner/Representative Rezoning Request Petition No. 01-003-R 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. A change to Commercial Light would not be a special privilege. However, to allow a contractors office in a profession district would be considered in this way because the use is better suited for heavy commercial. Consistency with Comprehensive Plan: The subject property is designated Commercial on the adopted City of Okeechobee Future Land Use Map. As such, the proposed use is consistent with the Comprehensive Plan. Assessment • Conclusions: I Based on the above Rezoning criteria, it is difficult to state that the Commercial Light Zoning District, based on all uses allowed, is consistent and appropriate for this site. Submitted by: James G. LaRue, AICP Planning Consultant 7/11/01 Page -4- 0 CITY OF OKEECHiOBEE Date �� &-O General Services Department Jurisdiction: /a/lI) 55 SE Third Avenue as Okeechobee, FL 34974 Fee Paid: �� - �' Phone: 941-763-3372 1st Hearin -d c0-0 1 Petition No. 0 1- 066 L O- Notices Mailed: 2nd Hearing: -64 -7- / 7- 41 -7_vl FAX:941-763-1686 _ - / TT'fo rm Land Use Application fR- c - D / A-, nJA LL (Please attach separate sheets for required additional information) See Resolution No. 98-10:1 "PROOF OF INTEREST IN PROPERTY" for required additional information. F Name of property owner(s): Mark Troendle , Lori Geddes, Dr. C . Arra on Mailing address: (Troendle) P.O. Box 2009, Okeechobee, FL 34973 Property address: 500 Block of N.W. 5 Ave., Okeechobee, FL. d Name of applicant. if other than owner (state relationship): Mark Troendle (Owner, Representative) 467-0777 r 634-7829 •763-1053 block 136 PLEASE ATTACH LEGAL DESCRIPTION See Resolution No. 98-10:2 "PROPERTY SURVEY AND LOCATION MAP" for required additional information. Future Land Use Map designation: Commercial Current Zoning Classification: CPO Approximate acreage or square feet: 90,000 Part of platted subdivision? N/A Type and gross area of any existing non-residential uses on site: 2688 Commercial Number and type (conventional, manufactured home, etc.), gross area of any existing dwelling(s) on site: 2 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: C c� Q Is there a current or recent use of the property that is/was a violation of City Ordinance? ° Yes a C If yes, please describe: Residence in CPO Have there been any land use applications concerning all or part of this property in the last year? ❑ Yes M<No If yes, indicate date, nature, and applicant's name: Briefly describe use of adjoining property: North: Old Jail East: Commercial South: Masonic Lodge West: Public Ball Park Check type of application, complete. appropriate sections, and sign reverse side of application. See Resolution 98-10:4 "STATEMENT OF USE" for required additional information. Proposed Zoning Classification: Light Commercial w If granted. will the proposed zoning classification be contiguous with a like zone? yes ITY G When development is proposed, see Resolution 98-10:9 "ENVERONMENTAL ANALYSIS" 10 "PUBLIC FACIL N RAPACT ANALYSIS", and 11 "SIGN PLAN" (where applicable), for required additional information unknown (Over) • • For Special Exception and Variance Applications, see Resolution No. 98-10:7 and 8 "SITE PLAN" for required additional reformation. Describe the intended use juiring a Special Exception: Providespecific LDR ordinance section number and page number. See Resolution 98-10:10 "PUBLIC FACILITY EMPACT ANALYSIS" for required additional information. Supplementary supporting information: z How the intended use meets the standards in the Unified Land Development Code §253-2: C Demonstrate that the proposed location and site is a ro riate for the use: U Demonstrate how the site and proposed buildings have been designed so they are compatible with 1,Xj the adjacent uses and the neighborhood: =t Demonstrate any landsca ing techniques to visually screen the use from adjacent uses. Demonstrate what is proposed to reduce the impact of any potential hazards, problems, public nuisance generated by the use: Demonstrate how utilities and other service requirements of the use can be met: Demonstrate how the im ace of traffic generated will be handled off -site and on -site: Describe the Variance sought: Supplemental supporting information: v Demonstrate that the variance is needed to overcome a hardship caused by the unique z physical conditions of the site: Q Specify the minimum variance requirement including: height, lot area, size of structure, size of yard, setback, buffer, or open space: nther- Details of administrative decision under appeal, including name of individual issuing decision, date of issuance, and written copy of decision: Reasons for reuestin a eal of decision: d c� c. dFu E)lementary sunporting 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 ignature Date Rev: 11/98 • 0 March 27, 2001 City of Okeechobee Okeechobee, FL 34974 Gentlemen: This letter is in response to Resolution #98-10. I am answering the following questions that have not been addressed. Under Information #1, Statement of Applicant's Interest in Property, this zoning in question has three different property owners. I am representing the other two owners, Lori Geddes, and Drs. Arragon. The applicant's (myself) interest in this property is partial ownership. Please find Warranty Deeds enclosed from all property owners, as well as consent forms, allowing me to represent them in this matter. Pertaining to Information for Statement of use, the reasoning for this request is the nature of applicant's business is construction. I am present- ly contemplating using this property for my office/storage for my busi- ness, light commercial is better suited for this use. The surrounding properties are presently and light commercial and light commercial is in the future land use map for this block(136). The other owners of property in this block likewise desire light commercial zoning to be in keeping with the surrounding area and the future land use map. In leiu of a site plan, please find an aerial survey of the existing com- plete block 3136, City of Okeechobee. This aerial survey better shows surrounding properties. Mark Troendle Applicant • • Re -Zoning Request Block136 City of Okeechobee Gentlemen: This is a request for the entire Block, 136, by all property owners, for the re -zoning from CPO to light commercial. The owners of this property are: Lot 1, 2 and 3: Laura Geddes Lot 4-9: Candido Aragon Lot 10-12: Mark Troendle This property is in the future land use map as being commercial. Documentary Stamps paid in the amount of Q �D $ ---�� ---- Class C intangible Tny paid in the amount Q ' of S !$_ Sharon Robeftsm. Clerk of Circuit Court Ok Ctwn Fi0nO Ry-�� i v.� , D.C. pato, -49 Pared m Natasha 3-15-37-35-0010-01360-0100 Grantee It TIN: Warranty Deed This Indenture, Made this 28th day of FRCC PROPERTIES, INC., 8V0421i NCE0987 June , 1999 A.D.. Between of the county of OKEECHOBEE sure or Florida , grantor, and MARK TROENDLE, whose address is: P. O. BOX 2009, OKEECHOBEE, Florida 34973 of the cotuny of OKEECHOBEE I sate of Florida , grantee. Witnesseth that the GRANTOR, for and in consideration of the sum of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------- TEN&N01100($10.00)--------------------BOLLARS. and other good and valuable comideration to GRANTOR In bard paid by GRANTEE, the receipt whereof is hereby acknowledged. has r granted. bargained and fold to the said GRANTEE and GRANTEE'S help and assigns forever, the following described lard, situate, lying and being in the Couruy of OKEECHOBEE stem or Florida to wit:. Lot 10 and the West one-half (W1/2) of Lot 11, Block 136, TOWN OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida, a copy of said plat being also recorded in Plat Book 1, Page 10 and in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to 1999. 3 2 411 n 99 JUY 3.9 V! q: 38 �06ERTSON ....K Gr CIRCUIT COURT and the grantor does hereby fully warrant the title to said lind, and will defend the same against lawful claims of all persons whomsoever. In Witness Whereof, the grantor has hereumo so her hand and seal the day and yen first above wrmen. SI ed, sealed d de lv ce: FRCC PROPERTIES, INC. Sea[) JO A K. J GLADY M. FREEMAN, President it SS P.O. Address 1901 SW 37th Avenue, OKEECHOBEE. FL 34974 RSON Witness STATE OF Florida (Corporate Seal) COUNTY OF OKEECHOBEE The ftaegobtg Intaument wait acknowledged before me this 28th ay of June , 1999 by GLADYS M. FREEMAN, President of FRCC PROPERTIES, INC., a corporation. on behalf of the cot poradon. she is personally (mown to me or has peaduew her Florida driver's license as wemtmudos Two Document IP..Pw By: rroll KaCC6lmi o�OBBEABS17A COMMISSION EXPIRES ctsweANCB, n+c Orr -EMBER 1, 2W J044AWA K J 304 NW Sag Sheet summolu m My i rn rrM mtgtmaattet aa. t � •. �pbaa: 12/01/ o�cs>3s Pc 349T2 ;�.. 30110`• °.O 4 2 4 RHO 9 8 8 a'Mfnt Of 'gole T.;' of O S h r 3247l 99 JUll 30 M9! aoa 'so COU'T in,. 3-15-37-35-0010-01360-0100 r C 1'� Ij I 0 11 TIN: Warranty Deed This Indenture, Made this 28th day of June , 1999 Ao.. Between GLADYS M. FREEMAN, unrmarried mdoit, and surviving spouse ofCHARLES E. FREEMAN, alkla C. E. FREEMAN, deceased, C-1 f OKEECHOBEE s,.—r Florida grantor, MARK TROENDLE, 11 P. 0. BOX 2009. OKEECHOBEE. Florida 34973 a- C..q d OKEECHOBEE s.,..r Florida grantee. Witnesseth -------------------- TEN& NO1100($10. 00) -------------------- 1 LARS. I EE. G"� f.."'. due f.ft—, d� I... RnmN. MrBalned kb sold 1n lhc ,ad GRANTEE - GRANTEE'S heirs and ,. C,—, ' OKEECHOBEE s—f Florida ,.- The East one-half (E/2) of Lot 11 and all of Lot -2, Block 136, OKEECHOBEE, according to the plat thereof recorded in Piat Book 2, Page 17, Public Records of St. Lucie County, Florida,- a copy of said plat also being recorded in Plat Book 1, Page 10 and in Plat Book 5, Page 5, public Records of Okeechobee county, Florida. Subject to restrictions, reservations and easements of if any, and taxes subsequent to 1999. GRANTOR FURTHER STATES THAT SHE WAS MARRIED TO CHARLES E. FREEMAN a/k/a C. E. FREEMAN FROM A TIME PRIOR To ACQUISITION OF THE PROP- ERTY AS DESCRIBED ABOVE CONTINUOUSLY AND WITHOUT INTERUPTION THROUGH THE DATE OF HIS DEATH ON 5/11/96. and Ne 8n 1 — bl - - -11, and _jj,,wthe .j.,al j_hjclaims r,ij,, In Witness Whereof, e%r I., h N. .. ..I m, d.1 11d 1— Si sealed . ddlh�d in r presence: JOH NA K. JARJj LL" GL4DYSA FREEMAN BEE, FL 34974 P.O. Add— IWI SW 31e, . OKEECHO PEG Y ON Witness STATE OF. Florida COUNTY OF OKEECHOBEE , brt,,, m.__. .,—— .IW,,d �f m1. 28th "y d June , 19 99 by GLADYS M. FREEMAN, .eo , il, k.— . - 11 .m h- 1oa-cW ha Florida driver's license,. w nW D-- P,<p.l RYz OX=MER ARSMACr & TrrLI WU�NCB, INC NSA K. 41J�W COMWDIJ"N" K-C=1 E"IREV J BSIO # C CTA 3B2 P(W 314 ECEMBER 1, 20GO Y PUBLIC 0110mcnomm City of Okeechobee Planning and Development Okeechobee, FL Gentlemen: This letter is to inform you that as the owner of Lots 1, 2 and 3, Block 136, City or Okeechobee, Florida, reference Parcel #3-15-37-35-00I0-01360-0010, it is my desire to submit for re -zoning from CPO to light commercial. This is also to inform you that as a mutual owner of property in this black in which the re -zoning is being requested, Mark Troendle has my permission to act in my behalf for re -zoning purposes. Your sincere consideration of this request would be appreciated. Sincerely, Lon Geddes STATE OF FLORIDA COUNTY OF OKEECHOBEE I have relied upon the following identification of the Affiant - personally known to me, or has produced identification # \d � , - - �c, u A L'-Ab - b Sworn to and subscribed before me this \ 'y day of rn C&' - O Notary Signature My Commission Expires: EE% CARRIELANKFORD My COMMISSION#F CC 931936 EXPIRES: April 27,2004 y` Bonded Thru Notary Public undennrkers Zvi:9Z To, 97 89j Z0d 2Sb MAR 27 2001 10:23AM EACOONSULTING, INC. 85*38604 P.2 "0403 PAGE0532 Documentar Stags paid in the smoant of *� m �•+•+ -15-37 33-0010-01360.0010 ; SK ��`�' O� Claoo C Intanpt Tax paid In the amount G— /t Tfftou4a. , S new,. n TrFa �� w Deed laItu ur dater - Tiuls Indenture, Made this 6th day of Mwch, 1998 A.D. , Between FRCC PROPERTIES, INCORPORATED, A FLORIDA CORPORATION I�Q1 5W 37TH AVENUEOKE HOBEE FIARIDA 34974 If uu county of OECHOBEE State oft �,4RDA grantors, and LORI A. GEDDES, a single woman whose address is: 3420 SW 22ND STREET OKEECHOBEE, FLORIDA 34974 ,State of FLORIDA , grantee(s) Witnesseth that the GRANTOR(S) , for and in consideration of the sutra of - - - - - - - - - - - - - - -'tom & NO/100 ($10.00) - - - - - - - - - - - - - - - - DOLLARS, and other good and Valuable ooagderation to GRANTOR in hand Paid by GRANTEE(S) the receipt whereof is hereby acknowledged, hu Wwned, bargained and sold to said GRANTEE heirs and Assigns forever, the following lend, aiwate, lying arid being in Catanty of OJA=CHOIBEE State of FLORMA To wit: LOTS 1, 2, AND 3, BLOCK 136, OKZXCgOB=, ACCORDING TO TEE PLAT T2=20F RECORDED IN PLAT BOOK Z, PAGE 17, PUBLIC RECORDS OF ST. LUCIN COUNTY, FLORIDA AIM BEIM ALSO RECoRDSD IN PLAT BOOK 5, PAGN 5, PUBLIC RECORDS OF Or2X=OBSB COMM, FLORIDA. Subject to covenants, restrictions and easements of record. Subject also to taxes for 1998 and subsequent years. and the grantor(s) does hereby fully warrant the title to ssid land, and will defend the same against lawfil claLn3 of all persons whomsoever. In Witness Whereof,the grantor(s) hos hcmaato set his hand and seal the day and year first above written. /�/i Signed, sealed and�fiv our presence: Witness: t&LV A E. L1PSG0MB/� csaw�; Witness: m,.a.d M 4 FRCC PROPERTIES, MORPORA17ED ;90: sw 7rr" V"us o1CF OBOE, rL01 DA Not, Wimesa: .: 5 C� . J 44 a "x 98 MAR 10 Phi 4. 09ft .O 0 Witness. CLERK OF CIFCIIIT COURT STATE OF Morlda _.. COUNTY OF Okeechobee Sworn to and subscribed before me this 60 day of March, 1998 by GLADYS M. FREEMAN PRESIDENT of FRCC PROPERTIES, INCORPORATED who are personally known to me or who have produced a drivers license as ide cition. ThL 17owtamtt Prrpa,cJ By: pNutnuuph" _..�" �.�`�j�P ti; lip6;r�ia Okee-Tantie Title Company. Inc. a`i ;.�i1oT�%rY c0 y t'U'o� AMG�tt�e �y� :. ARY PUBLIC Post Office Box 1211 = lse. ]R tqs 14' Commission Expires: Okeadx)bee, Florida 34973 M4.CC/aar3a ,- r4gr/OF 11743 454 P02 FEB 27 101 14:06 City of Okeechobee Planning and Development Okeechobee, FL Gentlemen: This letter is to inform you that as the owner of Lot 4, 5, 6,7, 8 and. 9, Block 136, City of Okeechobee, Florida, reference Parcel It 3-15-37-37-0010-01360-0040, it is my desire to submit for re -zoning from CPO to light commercial. This is also to inform you that as a mutual owner of property in this block in which the are -zoning is being requested, Mark Troendle has my permission to act in my behalf for re -zoning Purposes. Your sincere consideration of this request would be appreciated. Sincerely, Dr. C. Aragon STATE OF FLORMA COUNTY OF OKEECHOBEE I have relied upon the following identification of the Affiant - personally known to me, or has produced identification # Sworn to and subscribed before me this 2 g day of "� a� My Commission Expires: to PATRWAA A. HARDIN N AA o My Comm 69. 12/21=2 No. CC 774739 PwWrW* KwAn I) 011w I.D. c is ..."1 178 . ' 2FT V-r— 71a. Cu...y r..a, oo..a., rt..ia. 'Mi. imtn—t.was prepared hy: wmmm L nExDRY ..-.� .� O[LLQrOaEy r1ARIDA iilri warranty DeedZf- fSTAMORf ft(tM—SKTIOR 689.01 Fil Xhie ]nirntltrr, State Ihn '4Z Jay of December. 19 75 . WrtturrR BENJAMIN F. EDINGTON, JR. a/k/a B. F. EDINGTON, JR. and PEARL EDINGTON, his wife, of 11W (:.no,ty of Okeechobee State of Florida gaol«•, mul CANDIDO P. ARAGON and GLORIA R. ARAGCN, his wife, as tenants by the entirety, wM,.r root flee ■.k6ess is 1806 S. E. Oak Drive, Okeechobee. Florida 3347? of 16r C nruty of Okeechobee 5.0c of Florida pattt�a'. �itnraartb, TL+1 and Z ; Im. 1- nut in ....aider.tino of the on of Ten ------------------ WIA —I "thee p.nl .onl c+In+bk• amaid.•r.,lkm< fit %aid p.tnbo In hnnl paid In a.kI grantee, the receipt wltere<.f to hr Oor .ckra,wh.lg,+l, L+a gr.u.trd, b.rC•,irn,l —I odd In tl.• .awl gtantm, at.t iratd.rs hein an.l asdgte ron"rr, the W. •. krwu.g J,vnl.d Lod, slhrAtr, IV,ng ao.l In•ir.g in. Okeechobee con ty, Florid., tn•wit: Lots 4, 5, 6, 7, 8 and 9 of Block 136, O1:EECHOBEE. i according to the plat thereof recorded in Plat Book 2, page 17, public records of St. Lucie County, , �g Florida, a copy of said plat being also recorded in Plat Book 1, page 10, public records of Okeechobee I I, County, Florida. FILED FOR RECORD SUBJECT to reservations, restrictions and easements OKEECHOBEE COU15P FLA. i i of record, if any.. .............. s 19150EC 12 PM is It ! l ::)it `� Atiity •in i R.H. BARBER 'r— CLERK Of CIRCUIT COURT 7 8. 0 1 nr101} h.tlt warrant the ilfte to ufa hmd, —1 —11 drfrml the s+nx .g.in.t the 6w6r1 el.ims nl all t.•...... who, ....•. rr. "(:r.vnnr" .mJ 'gr+afrr va• med f« dnp,lar or phoJ, .a vmtr<t retpdrn. ]In 111Httras TRhrrnlf, Cr: mr hm hrrt,nrtn set graator•s harnl AnIJ .VAI 0W dAV Slid ye At Gnt algae written. Stpn,l, .rah,l —1 de ....... in my presence: .GO n a.ain�F. Ldinr(, ---.. - ---- 12arx1_G�r�•cce�l/x.�__(Se.l) Pearl Edingto STATE. OF FLOR-al, ;OVNll' OF CKEECHOBEE. I Ilfatf:nl- cy.in'IFY th+t no thi. Jaw 64me nw. an 06m any gn.11AM lu IAkr Scknrwinlgrnr,dw preartrully +pin.,r„1 BENJAMIN F. EDINGTCN, JR. a/k/a B. F. EDINGTON, JR. and PEARL EDINGTON, his wife, to mr l,2, In 1.• the I-- sd,•scrihed In and who r.mrid.1 the ftw.pilng itntntmrot —I ackn,swh+Ig..l In•6er nn• f ...1 t he y rwvotrd Ihr Same. ,i►ITNE.SS my hnnl and nllicial seal in the CamI7 and State last af«rukl Ihh /Z d.V n December - `W&A"/1tasr.SIAAPhItota)AATtA93 Notary Pit is ++rcrrWo:,ot+tmnsAuum n.lm ', i,•t,,t}tidatt.i.fUwAl nn wolawn+lat (NO'LARY SEAL) f i•S 178i 2fi9 3:r,S DIRECT ! �... ..s w 4 � ... w"Ay, y?,�R� .'�` i .. � i t, r.. � . ! ewe.+vi •6".^'" de � rf.1!+i`.k�$` f"'i*Y»+�.Y .tliw'�1 i.aM.�fi. A" ." `� R.� "�.—_ d...W �'d 10 U � t.. O O O Ln s r F€� d LD 05 t �'T� '.. 3 l �'vr � Y i d4 '� �' � B%+C 9+.�R sf 4 y 9 �Y 'i�. � �i ki • ji 'A F �"�A Jt �t �l �yC�i 9,i 11xY{� � 0 �. {' f�1'e��F ��.' r" �.r� Fd /i :v3n ,ht. rK3•i:flri �,��i'44r t 4 �.rT d i�q.�y�'�S{ uT11F l; w"i� � : `FK: FY �, •rF. p.,- 4.�. F �v I � 3`�1.5� Lk � 4 �,�.y� 4 FR i,,'t7r4* a tf Y."t♦ i1 j �yy�� S "*�A�y.F �%�?F %� � V � 4, (( •r`a�^r,A �j�iy,yr � � + yp �F 7•4 e�. ,y �.n 05l - fg. r rE n L FB. !'L W. 3Im 6TREET rI BB9.59'32'E 310. 22'(FI 31N'IPI - — 1 B0.t Fe ` I o e I mmm .. �I ¢I®/ELGE PnVEIFitT ORB QIT 35'IL.PI I I Ur On I� L Y[ 4 <OriG 610ERALK '.. SB9L59'3d'E 150.09: fI 154IP1 �_ - --- RBS 59'IPI 50'[PI xAll get y _® rQ 3 - s- 30 15 0 3N w wxL x/NL< �p �y$I ® ScslE : AS SMMN I ' 2eY yl Oha' d O of TIPIGL tL-QiD �I IMMEAE AvpLICAOLE-SEE quMIM01 tSiiTP.eL :EwFR eVe ILABIE 6EPi IC roT FoIYD e ,q�„ = W FBF-PfBAR FOIx.O RBS-REBAR SET x/CaP Ne.5119 F r Q IFI-FIFlO NEABLiE IPI-AB PER iLAi I cl, ITEo tELEPN0IIE SFRr-. ICI-CAL[.OIf1AM[E INI-NN NER NEED w� o _. - IjJ .Sfi I s 1 SIT SEPTIC TANK-MAN10.F F C FENCE CORNER -FOIER POLE Co RNUG Ki. PIPE -iW IF RANI �INF.[IXaC. PIPE Le[ BASIX CI N I u 3 -.-1IS xA ER xF1 P i I I -uH.R. LOT 5 LOT 4 LOT 3 LOT 2 LAT 1 e = � zer e a � amEroz rorEc � s l � � 9 1. eLrmyf sMGNP ar relalre a s ax9 NOP0000' aIPnO Centerline N. X.5L Av. i2 ><q —9 .„rpIt d. TNI, ,urveY L Oaa Pn nlgr.ITT N$ Srgrl Ueq oy 1Ne c fto.er/agent IT. xas .aqe Pi PPDI is ecergs DS A k �I $ e J N �� marcn is .. tP . rlrr er aeny exner . .cots. er rlgxl-Pe xays. srlsl Mff o n 3. xP Dle or PnaergrgxnN I.^rgve.ent 3 e<atea o cot as 21. 3_ L-•l ws.` ,�„=CY e. iD 111—ly If W rally itN ut dale19na Lr0 any IDa orlggledl s B seal 1 a FlPriga LI<enseq _ _ _ _ - _ - ABF 50'IPI 50' PI m'. 50'IPI 18E _ surveyor and XaDPer. 5. AccgrUl nq EP FIPN .aP OaLq 2/01/198t 15'ALLEY x09.50'39'E 119. Be'IFI I50'IP1 Panel 120111 02308. Darrel Iles Hot Vol v Fiona (ane C. Per OLeecxPSee county Pl annl ng B Zgnlnq Nexar Lent '. 'I 4 fie PrPDerty I..s Is: LOT 0 LOT 9 LOT 10 LOT I I LOT 12 I 201. 21) 16 213 N.M. SiN Avenue QjZk*Y OF: $ LOTS I. 2 N 3, BLNCK M. ONEECHOBEE. µ Y 8 - CCONN1% TO THE PLAT THEREOF AS PE- COPPE IN PLAT BOOK 5. PAGE 5 OF THE .�. 1� PUBLIC PECOROS OF OKEECMOBEE COUNTY, ROPI oA. R z $ I. N. 2t7D 6TREET Elcr+T,+ IT I P I Q g • a • E � a m LrL9D� aRyEYOFz I_OT 3 LOT. 2 LOT I o xrY17EC ss f. Beer logs a relatlre a vXlnA 009.5]'IN•M along Centerl lee X. N. 2nd S,. .. 'JACNTT rIT z. role curter Is eases pn Inrprnau eP �2 y� AT 1s D 3D rprla�e er me cmtoXer(agent allo n0 9earCA AeF x/CaD 3 ® IN, FIT. or RNWIU records or lnls prfl[e lD rerlrY pr Oeny puners. PER N89'59'30'E 119. 92'(F) ISO 'f P) No. 51J0 F SCALE .s sNpMl 3. HR rlslDle pr underground InDrpreneni "A Peen mcatea axupi as snoxn $ 7 °P _ 15' ALLEY O _ �16Jy TYR,If LaGav 1. Inis surrey Is opt relld N11-t me llgnXlure ano tAe erly n 1 glen:-J PBS NEVER 38'E 1<9 93 11) ISO*(') _.._ VAIL Set r1015c ^ 1 xNER FRET.— WANIX61 Iced seal pf a flprlea c IRRCQI_dR CP11CR_TE In Cpnc. PAX-PEWIAIENT REFERENCE HONTHE111 Sirr!Ypr and Mapper. 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OG 'F.PI SOLI id. 1 I IN SIJB l,N 0. 5'S. 0.21 � z N Ili e i a • ORDINANCE NO. 774 • EXHIBIT 6 JuLY 17 AGENDA 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-1 (RSF1) ZONING DISTRICT TO RESIDENTIAL MULTI -FAMILY (RMF) ZONING DISTRICT, AMENDING THEZONING MAPACCORDINGLY, 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 0.98 acre(s) from Residential SingleFamily-1 (RSF1) Zoning District to Residential Multi -Family (RMF) 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 1, 2, 3, 4, 5, and 6, Block 15, SOUTH OKEECHOBEE, 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 (RSF1) to Residential Multi -Family (RMF). SECTION 3. CONFLICT All ordinances or parts of ordinances in conflict herewith are hereby repealed. Page 1 of 2 u SECTION 4. SEVERABIUTY • 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 171'' of July, 2001. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 7'day of August, 2001. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 JULY 9, 2001 - SPECIAL PLANNING BOARD MEETING - PAGE 3 OF 5 AGENDA ACTION -DISCUSSION - VOTE IV. NEW BUSINESS CONTINUED. A. Consider Petition 01-003-R continued. B. Consider Petition 01-004-R: Robert H. Cook and Gary W. Utt, property owners; Gary W. Utt, applicant. Request for a change in the zoning from the existing classification of Residential Single Family-1 (RSF1) to Residential Multiple Family (RMF). The property is located at 1114 S. W 2"d Avenue, and more legally described as Lots 1 through 6, Block 15, Okeechobee Heights. Mr. Long continued by stating that the subject property would be a good location for those businesses to relocate to. Mr. Long further noted that Light Commercial zoning allows for a night club or pawn shop and that, in his opinion, would not be an appropriate zoning for the proposed location due to the close proximity to a ball field and playground. Mr. John Cassels, a surrounding property owner, was acknowledged by the Board. Mr. Cassels stated that his property is the adjacent block to the East and also agrees that this would not be an appropriate rezoning. He had concerns for the compatibility of the adjoining uses being professional office. The general retail allowed in Light Commercial depending on the type of retail could have major impacts on the traffic in the area. He explained that if a small sewing shop were to open within the subject property it probably would not greatly impact the traffic flow. However, if there was a night club, traffic flow would then become heavy especially during baseball seasons when the ballpark is filled with people. There was no further comments from the public. The Board had no further comments. Board Member Mavroides moved to recommend that the Planning Board recommend that the City Council deny Petition 01-003-R based on staff recommendations and the testimony heard at the public hearing. Board Member Keller seconded the motion. VOTE HOOVER - YEA JONES - YEA KELLER - YEA LEDFERD - YEA MAVROIDES - YEA MOTION CARRIED. Mr. Jim LaRue, City Planning Consultant with LaRue Planing and Management Services, described the petition and gave a background on the subject property. He explained that a couple of months ago the applicant applied for a Future Land Use Map Amendment to changing the land designation from Single Family to Multi -Family and was approved by the Land Planning Agency and City Council. Staff findings included that the requested zoning change will not adversely impact the surrounding properties. That it is consistent with the Comprehensive Plan and would not be granting special privilege. JULY 9, 2001 - SPECIAL PLANNING BOARD MEETING - PAGE 4 OF 5 11 AGENDA ACTION - DISCUSSION - VOTE II IV. NEW BUSINESS CONTINUED. B. Consider Petition 01-004-R continued. • Mr. LaRue said that this would be implementing what was approved a few months ago the Future Land Use and Zoning go hand in hand. Ms. Dianne Gloves, a surrounding property owner, was acknowledged by the Board. Ms. Gloves said that she moved into Single Family zoning because she did not want to raise her daughter in Multi -Family zoning. She requested the Board not approve the rezoning. Ms. Gloves submitted a letter of opposition into the record from Ms. Louis Walker who was unable to climb the stairs to attend the meeting. Ms. Wanda Summerall, a surrounding property owner, addressed the Board. Ms. Summerall said that her property is across the Street. She is concerned with the problems that are caused' with Multi -Family, with too many people living in a half of a block. Ms. Summerall was also concerned with this petition being pushed through without notification to the surrounding property owners. She submitted two letters of opposition into the record from Ms.Dorothy Kidd, Ms. Carmelita Kidd and Ms. Brenda Merritt who were unable to attend the meeting. Attorney Cook explained that there are two maps, one being the Future Land Use and the other the Zoning. He explained the differences between the two and also how they work together. Ms. Summerall then expressed her concerns for drainage issues. She was told a few years ago that the block cannot withstand more drainage to be installed, and was concerned that it would flow onto her property. Attorney Cook explained that this hearing was to determine whether this zoning was appropriate for this location, not to determine the drainage for the site. He further explained that Site Plan Review Committee will review drainage at the time of development. Board Member Mavroides was concerned about the comments in the staff report for item eight, which states that there are no drainage impacts on the surrounding property and wanted to make sure that Mr. LaRue still believes this to be true. Mr. LaRue clarified that he determined the drainage will not impact the surrounding property and that he was confident that the Site Plan Review Committee will address the concerns when it is brought before them. JULY 9, 2001 - SPECIAL PLANNING BOARD MEETING - PAGE 5 OF 5 AGENDA III ACTION - DISCUSSION - VOTE IV. NEW BUSINESS CONTINUED. B. Consider Petition 01-004-R continued. Board Member Mavroides asked what the allowable density was for the requested zoning. Mr. LaRue responded that the applicant would probably build duplexes considering the total lot size of the subject property. He further stated that the applicant may not be able to build as many units as originally thought due to the requirements that the Site Plan Review Committee will enforce to accommodate the drainage, parking, etc. • Attorney Cook commented that the members on the Board have been there long enough to see that the Commercial Corridor has expanded from Parrott Avenue (also known as Highway 441) to the blocks behind it. To allow for the requested Multi -Family zoning at this location will help buffer the Heavy Commercial business from the surrounding Residential Single Family zoning. III There were no further comments from the public. The Board had no further comments. Board Member Keller moved to recommend that the Planning Board recommend that the City Council grant Petition 01-004-R. Board Member Hoover seconded the motion. V. ADJOURNMENT - CHAIRMAN VOTE HOOVER - YEA JONES - YEA PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning KELLER -YEA • Board with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, LEDFERD - YEA 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 MAVROIDES - YEA 11 the Clerk MOTION CARRIED. William Ledferd, Vice Chairman ATTEST: There being no further items on the agenda, Vice Chairman Ledferd adjourned the meeting III at 6:45 p.m. Carolyn Arnold, Secretary 0 • 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 941-334-3366 Staff Report— Rezoning Request From Residential Single Family-1(RSF-1) to Residential Multi Family (R1VIF) Petition No. 01-004-R Prepared for: The City of Okeechobee Staff Report Gary Utt and Robert Cook Rezoning Request Petition No 01-0004-R Applicant: Gary Utt and Robert Cook 4705 SE 141 Avenue Okeechobee, Florida 34974 Legal Description of Subject Property: Lots 1 through 6, Block 15, SOUTH OKEECHOBEE, according to the Plat thereof recorded in Plat Book 3, Page 37, Public Records of St. Lucie County, Florida, a copy of said plat being recorded in Plat Book 1, Page 12, Public Records Okeechobee County, Florida. Item before the Council: The matter for consideration by the City Council and the Land Planning Agency for the City of Okeechobee, is an application by Gary Utt and Robert Cook requesting a change in zoning from Residential Single Family-1 (RSF-1) to Residential Multi -Family (RMF), petition number 01-004-R. • • • The subject property is approximately 0.98 acre(s). The applicant intends to develop the property for multi -family dwellings. This development will have public utilities. Adjoining property uses are as follows: North: Single Family South: Multi -Family East: Commercial West: Single Family Consistency with Land Development Regulations: When recommending whether or not to rezone a classification of land, the Planning Board shall consider, where applicable, the following factors: The proposed use is not contrary to Comprehensive Plan requirements. The proposed use is not contrary to the Comprehensive Plan requirements. The Future Land Use designation for this property has recently been amended from Single Family to Multi -family by the applicant. As such, the applicants' request to rezone the property from RSF-1 to RMF is not contrary to the Comprehensive Plan requirements as the property's land use would be compatible with the requested zoning. Page -1- Staff Report Gary Utt and Robert Cook Rezoning Request Petition No. 01-0004-R 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The proposed use being applied for is specifically authorized under the Land Development requirements for this Residential Multi -Family Zoning District. The applicants are proposing to develop the subject property as multi -family living; however, the applicants are still considering options as to what type of multi -family dwelling units will suit the area. 3. The proposed use will not have an adverse effect on the public interest. The proposed use will not have an adverse effect on the public interest. The proposed use, a multi -family development, at this location would provide for a graduated decrease in density and intensity from Parrot Avenue and into the adjacent single-family neighborhood. 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 use is appropriate for the location proposed and is reasonable compatible with adjacent uses. The applicants request is not contrary or detrimental to urbanizing land use patterns. 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. The proposed use will not adversely affect property values or living conditions. Nor will the use be a deterrent to the improvement or development of adjacent property. 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 proposed use can be suitably buffered from surrounding uses. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The rezoning will not create a density pattern that would overburden public facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Page -2- Staff Report Gary Utt and Robert Cook Rezoning Request Petition No. 01-0004-R The proposed use will not create traffic congestion, flooding or drainage problems nor will it affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The proposed use has not been inordinately burdened by unnecessary restrictions. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The applicants' request will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The subject property is designated Multi -Family on the adopted City of Okeechobee Future Land Use Map. As such, the proposed use is consistent with the Comprehensive Plan. Assessment and Conclusions: Based on the above Rezoning 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 6/13/01 Page -3- Date 15- �'/ � Petition No. ©/-0 CITY OF OKEECHOBEE General Services Department 55 SE Third Avenue Okeechobee, FL 34974 Phone: 941-763-3372 FAX: 941-763-1686 - Jurisdiction: Fee Paid: Notices Mailed: 1st Hearin — 0-0-0 2nd Hearin :_�-1-7"U) k B--7-O ) -fP _ Uniform Land Use Application (Please attach separate sheets for required additional information) See Resolution No. 98-10:1 "PROOF OF INTEREST IN IPROPERTY" for required additional information. E. Name of roe owner(s): ifJ • Gl / yi Re, 6 e r T Y O C z d Mailing address: C S i� �-�- 11toec-& v a Propertyaddress: l y LC L'' L o. d Name of appiicant, if other than owner (state relationship): • 7- s� s�s� 63763 LEASE ATTACH LEGAL DESCRIPTION See Resolution No. 98-10:2 "PROPERTY SURVEY AND LOCATION MAP" for required additional information. Future Land Use Map designation: M (I % �` _ Current Zoning Classification: /} e 5 ; ,j/e y, % L Approximate acreage or square feet: Part of platted subdivision? 25 Type and gross area of any existing non-residential uses on site: t, U Number and type (conventional, manufactured home, etc.), gross area of any existing dwelling(s) on site: 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: /fje"i/ C= F C Is there a current or recent use of the property that is/was a violation of City Ordinance? ❑ Yes ° C p If yes, please describe: Have there been any land use applications concerning all or part of this property in the last year? t7 Yes0 If yes, indicate date, nature, and applicant's name: Briefly describe use of adjoining property: 1 North: �6 cje-/l/r / �C V6 if toss �T CE/ East: lll/IiE�'CiA� CQ T �'i�/Lis 5 /lt�c2A / south: 1 i� ' �� X. fiiv�l `-�i�r%1; I y �j West: Chu rc-li 4- C�t'�%� ��Cc.� Check type of application, completeappropriate sections, and sign reverse srue ul JcC LICJUIUUVU 70-1V.,+ a 11'S1L1Y11.111 v1 VVi. avi a.,y..a•..................... ...�......-...,... - Proposed Zoning Classification: 1W i) /- 7 -F14 f7 L� If granted, will the proposed zoning classification be contiguous with a like zone? E S w p When development is proposed, see Resolution 98-10:9 "ENVIRONMENTAL ANALYSIS" 10 "PUBLIC FACILITY IMPACT ANALYSIS", and 11 "SIGN PLAN' (where applicable), for required additional information (Over) irk • March 16, 2001 I, Gary W. Utt and Robert H. Cook are partners in the re -zoning and development of Block 15, Lots 1-6 located in South Okeechobee, Florida. Thank you. Gary W. Utt State of Florida Okeechobee County The foregoing instrument was acknowledged before me this 16 day of March, 2001, by Gary W. Utt, who is personally known to me. ?I 0o'14 PEGGY L. SIMMONS Notary Public, State of Florida My comm. exp. Oct. 31, 2003 Comm. No. CC859273 vov 11 Cor to Warranty Deed f-0 4 4 7 PAGE 1 17 6 CWUI 6/99 This Indenture, made this 7th day of December A.D. 2000 , Between FOUNTAIN OE' LIFE CHURCH, INC. whose post office address is: P.O. BOX 2438/112 SE P STREET OKEECHOBEE, FLORIDA 34974 a corporation existing under the laws of the State of FLORIDA , Grantor and GARY W. UTT and MARY L. UTT, husband and wife whose post office address is: 4705 SE 144TH STREET OKEECHOBEE, FLORIDA 34974 Grantees' Tax Id # :278-38-0074 218-68-0025 Grantee, Documentary Stamps paid in the amount of $ 175. o 0 Class C Intangible Tax fiaid in the amount of $ — o -• Sharon Robertson, Clerk of Circuit Court Okeechobee County, Florida By. �G�/l/l�/% D.C. Date: Witnesseth, that the said Grantor, for and in consideration of the sum of ( Ten & N0/100 ) Dollars, to it in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee forever, the following described land, situate, lying and being in the County of OKEECHOBEE , State of Florida, to wit: LOTS 1, 2, 3 AND 4, BLOCK 15, SOUTH OKEECHOBEE, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 37, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A COPY OF SAID PLAT BEING RECORDED IN PLAT BOOK 1, PAGE 12, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Subject to covenants, restrictions and easements of record. Subject also to taxes for 2001 and subsequent years. Parcel Identification Number: 3-21-37-35-0040-00150-0010 And the said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. In Witness Wliereof, the said Grantor has caused this instrument to be executed in its name by its duly authorized officer and caused its corporate seal to be affixed the day and year first above written. SiSnedzd-. e lqd itz.Our Presence: Ad k.n,,, , STE._P,HHEENN ,E.�B�URK FOUNTAIN lOF LIFE CHURCH, INC. By.—{- _ -' 1, 7 `- JOEnH. BISHO, Its PRESIDENT 345766 State of County of Florida Okeechobee The foregoing instrument was acknowledged before me this 7 th of JOE H. BISHOP, PRESIDENT FOUNTAIN OF LIFE CHURCH, INC. a corporation existing under the laws of the State of FLORI. He/She is personally known to me or has produced Florin PREPARED BY: JANIE GRIFFIN RECORD & RETURN TO: Okee-Tantie Title Company, Inc 105 North West 6th Street Okeechobee, Florida 34972 (CRh)E0 fS011 f,' E C 0 R i) 0 K EECIWt Il f ('MMT Y. f ' 280O PFr I I Ali 9: M, SHARON ROBEFRTSUPI CLERK OF CIRCUIT COUR I day of December 2000 by Nu CC Print Name: My C n nnssion nxpires: of the corporation '/,*s identification es = 3 �nunu�s File No:16934 March 14, 2001 To: Okeechobee Building and Zoning Department I, Robert H. Cook and Gary W. Utt are partners in the re -zoning and development of Block 15, Lots 1-6 located in south Okeechobee, Florida. Thank you. '��- " STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 14 day of March, 2001, by Robert H. Co4, ,Vho is personally Jcnown to me. 'Trsse ar `yl Z' OFFICIAL NOTARY SEAL JOSE MARTINEZ NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC822790 MY COMMISSION EXP. APR.12003 Documentary Stamps paid In the artnunt a ,1 Class C Intangible Tax paid In the amount of $ .--j — Shar+xl Robfttw, Cork of Grcuit (cwrt Warranty Deed Okeedxby„ County, I / r Data: -Z =� a0 I'hi`. Inds;:tun , Nude ihts 2211d flay of, Febt•uat'}', PAVID If. VAU(;HAN AND ('Ii12rSl•Y AN:NE NIMIGI!AN, III:ISRANI) AND NVIFh :r4,1 ( IMI:I I S SYI(!•I.7 1i.N'A, I'I r)illlhl 131);(I .,51a1e III grantors. and ACA121211 D NIAN I!IIN ! 9O i(,'I V! I,() I11 AUII, 11,01 UA 42901) ,Stutvof I'IU!(Ilt:\ 1litncs.eth Ih:a the (;I,'AN IOR(SI , !„I and in „vnu!cration ul the TEN & NO11011 (¢IO.IIgI. Itt;! I \I(S, and nlhcr Pond and vadual,ic cnnsideration to ;k:\N I'M m h•Illd 1+;141 by (-,It1NTI P(S) , the let ijil kehcrcnf n hcrr•hy ;uknnw!edre:l, has gr;uved. hal!;ainr:! and ';nl,! n, 5:liu I;IZV4I'!:I. ht'ir, and assir,n•; lou•vcr, the k,11mviur land, siiu;ite. Ivinr snit bcilIg n Counlyof OE�F:ha'tlORI?II; �t:vc of FLORIDA !„ ^vlt S & 5, ❑LOCK IS,, SOUTH OK .EC120ArG, FLORIDA, ACCORDING TO '1'llF PLAT 1':II•'IZPOF RECORDED IPI PLAT ROOK 3, :'AGE 37, PUDLTC LrICIC COUNTY, '1.011IDA, A COPY OF SAID PLAT DEIN^- !: i;:Ct �Rlsr.•:D T rI PLAT ACOK. 7 , PACE !_'.'. , PUBLIC RECORDS OF OK!3ECHOBEE COUNTY, FLORIDA, Gvenauta, restricticnc, casements of record and t.Axeq for t:e currollt. yc,-A- . in?ijcct (u +ut t tl:uuS. rcariclions a:td (%!svolvilis !ri rrcnrd. tiuhjcct alsv In l %%c Pow- 2001 and sntrscl ucnl years. ..i:d !Ile rr,r.at:rl•,! d.x. heit•hy lu!ly •,va!I.:ut t1w !tile !n :;lid !and, clot t:i!I defend the •:nre aga:n',t I:Ir:hd (rt NYitfte•a N��Etit'rol�,il•,c :;r:uumi•,! 'cr: Ir.�;rua;:�� .� �•r,!Luel ,:nil ;-.�al t4c tl.r. ...•�i rr�lr lint dhJcr '. ,,:.:.t I'. -I t_I 111 i'tn�a � ! •' I:I ,!lir Ir�t• ,':Ili '. i I i� / ./ 17 i,. l., . ,.1`i 111L11 'i gill ll :. ft..,,`,•„�,;,, t tau trla i )i:r^cltirlrl•I• ... ; u` .. ':if! rhlt' rr/ J?nIrNIP, ..'tri; I•t I1AV I/ II ,!!(,IIA'; AI � 141E 1! I..:.11 rf.. !i!I?•� i I'llti.. I v•1 � r `.nmi i;;v:i�� yy ri. r r.. •t.•., City of Okeechobee 05/17/01 Letter of Intent From: Gary W. Utt & Robert H. Cook, Owners Re: Block 15, Lots 1 thru 6, South Okeechobee. We would like to develop the above said property as multi -family living that will enhance the neighborhood and provide much needed housing for Okeechobee. At This time we are considering our options as to what type of multi -family dwellings will best suit the area. F LOT* 7 LICIT 15 LOT- 9 LOT- to Is.[ LOT* II LOr IZ f W N 9'4b 15 W 142,39' F F, 142.50'(P) 0 0 0 Ln LOT I a c o� c N89'46'19"W 142.40'(fL cl p p o G CL U O O ` N O a a:O O LOT Z o ° O O o ; o o p s.I.R.— N89'44'23"W 142.40'(FL O C 0 142.500—(P) —s.I.R o 0 IY I'll .0.. Lw a LOr 3 d Oj 0 0 O 0 O p O p n O n O O O p S.I.R— N89'42'27"W 142.40'(f) Lr o O Z o 142.50'(P) �S.I.R ^ o Ln o O LOr 4 a O M Lpn� In O 1 S N89'40'32"W 142.40'(F) 142.50'(P) —)SA Q a o a �a 0 n o O LOr 5 Ln O c — N89'40'32"W 142.4 — — N0'(F) s.l. 142.50—(P)— — —_ o W ly Z wa d� o LOr p 35' I yam, I /J 2. I BOUNDARY SURVEY LEGAL DESCRIPTION: LOTS 1, 2, 3, 4, 5, AND 6, BLOCK 16, OKEECHOBEE HEIGHTS, ACCORDING TO THE PLAT THEREOF AS RECORDED W PLAT BOOK 1, PAGE 12, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. NATIONAL FLOOD ZONE PROGRAM: FLOOD ZONE "C'. CERTIFY TO: GARY W UTT 8 ROBERT H. COOK W w O O In O f` n Ln � N89'40'32"W 142.40' F F.I R 2d ASP-!ALT — — - — G ]g— - PnorttuaNAL LAND wRW.DRs 3t03KENIJN THEYIN xw e:s (e6l 1e5-..m tEBRNO, rL011 DA e]eT0 . Te _� LEGEND �!]1 ® MONITORING IVE�,. InD UTILITY Pot.(. ® EXISTING INC, D0 WATER VALVE m SANITARY SEWER MANH ® STORMORANMANIOLE OH FIRE HYDRANT ® TELEPHONE BOX cl CABLE TELEVISION BOY. G LIGHT POST ELECTRIC BOX ® WATER METER T: U"'oe SCALE 1'_40DRAWNBY J.P.H. CHECKED BYCERTIFICATION:Y CERTIFY THAT THIS DRAWINO 15 A TRUE AND WRRECT REPRESENTATION OF A SURVEY PERFORMED UNDER MY SUPERVISON, IN ACCORDANCE WIT.. THE MINIMUM TECHNICAL STANDARDS SET FORTH W CHAT,ER 61 GL]. PURSUAM TO SECTgN 4]2 02] FLORIDA STATUTES. AS ADOPTED BY THE FLORIDA BOARD OF PROFESSIONAL LANDSURVEYORS. SUBIECTIOALLEASEMENTS.RJORTS- OF-WAYS, SETBACK LINES, UNDERGR NO' LITIES, �., RESERVATIONS AND T :ON PROFESSIONAL LAND SURVEYOR AHD MAPPER GA 1.GERMAME ORIOA CERTIFJCATE A]BKS UNlF55li BEARS THE SIOVAIUPE AND THE ORK IIW RAISED SEAL OF THIS FLORIOA LICENSED SURVEYOR AND MAPPER, THIS DMVANO. SKETCH, PLAT OR MAP IS FOR INANCAATIONAI PURPOSES ONLY ANO SHOULD NOi BE CONSIDERED VALID. GENERAL NOTES: II SIR SET IRON ROD WITI I CAP KLO I) F.IR. FOUND IRON ROD Bj R.I.P. FOUND IRON PIPE. AI S.CM SET 4•Xa CONCHEIE MONUMErvI 6) F.C.M FWNO CONCRETE MONUMENT 6) PCP PERMANENT CONTROL POINT ])S.N.D. SET NAIL A SRA55 DISK STAMPED-PLSA]9A6 BI F N.O. FOUND NAIL d DISC BI POPOIN .B. T OF BEGINNING. t01 P.00. POINTOFCOMMENCEMEN' 111 COVC CCOR IE Ltl (P) FLAT MEASUREMENT 131 (D) DEED MEASUREMENT 14) IF, FIELD MFASURFMFNT I6) ( PRO I PRORATED MEASUREME1" I6) O H W OVER HEAD WIRES 191 B.W.F BARBED WIRE FENCE 1 B)CB.S CONCHk I E BLOCK S I I+, CLF CHAIN L INK FENCE EL WF WOOD FENCE 2U THIS SURVEY PREPARED FROM LECn.L UEEC,Ill"OI; PROVIDE. MIDIS NOT A CERTIFICI OF Tii Li t31 BEARING SYSTEM BASED Q'J tHE CE'f T[R_IN[ OF SHEET 1 OF • EXHIBIT 7 JULY 17 AGENDA Inter OMC@ MEMORANDUM Office of the City Clerk/Feryonnel Administrator To; Mayor and Council Members From; Bonnie S. Thomas, City Clerk Subject; Code Book Bids Date; July 5, 2001 I am recommending the Code Book Reformatting Bid be awarded to the Municipal Code Corporation due to the fact that they have handled our code book since 1962: they handle most of the cities in the State of Florida and they are the lowest bidder. This bid has been reviewed item by item with the City Attorney. He will work very closely with the Municipal Code Corporation and the City Clerk to accomplish this project. The bids received and amounts are as follows; Municipal Code Corporation $ 9,500.00 American Legal Publishing Corporation $15,485.00 I felt it necessary to check into other companies. They are located in Ohio and Washington. However, I questioned their expertise as far as the knowledge of Florida laws, etc. whereas the Municipal Code is throughly knowledgeable with the way we do things. American Legal is located in New Jersey and has a few Florida accounts. Should you have any questions please do not hesitate to contact me. r • • Municipal Code Corp CITY OF OKEECHOBEE CODE BOOK BID SHEET enclosed is a copy of the City of Okeechobee's Charter, Comparative Table, index and amendments to the Charter; Code, Appendix, Comparative Table, Statutory Reference, Index and amendments to Code; and the three Volumes of the Unified Land Development Code. We formally request a price to take the enclosed copies, have your legal team review them and offer a procedure to correct any discrepancies. Update the Charter and Code with ordinances that amend them. Cross Reference the sections. Check for State Statutes conflict and offer procedure to correct any discrepancy. Cross Reference State Statues. Reformat them to fit one 8% x 11 ,book and make it available on the Internet. Should you have any additional recommendations for us to consider, please list those at the end. The City of Okeechobee reserves the right to accept or reject any and all bids. The City reserves the right to waive informalities in any bid, delete any portion of the project and extend the project within the limits of the work involved. Charter. Comparative Table,_IIndex and Amendments: Legal Review of Charter, Comparative Table, Index and amendments listing recommendations to the City by your Attorney. Recommendations should include additions, deletions and corrections which need to be made to correct any area that is contrary or contains any discrepancy. Incorporate the amendments into the Charter (Ordinance No. 358, 388, 389, 390, 449, 450, 479, 543 and 646). --Revise the Comparative Table, Index, Cross Referencing and Reference to Florida Statutes. Reformat Revised Charter, Comparative Table, and Index to 8%x 1If 1 paper size, double column. Thirty-five (35) copies. ?.,200 Code, Appendix, Comparative Table Statutory Reference Index and $ 4, o 0 o amendments: Legal Review of Code, Appendix, Comparative Table, Statutory Reference, Index and amendments listing recommendations to the City by your Attorney. Recommendations should include additions, deletions and corrections which need to be made to correct any area that is contrary or contains any discrepancy. Municipal Code Corp -Incorporate the amendments into Code (Ordinance No. 737, 738, 743, 744, 745, 758 and 759). -Revise the Appendix, Comparative Table, Statutory Reference. Index, Cross Referencing and Reference to Florida Statutes Reformat Revised Code, Appendix, Comparative Table, Statutory Reference, and Index to 83J x 11 paper size, double column. Thirty-five (35) copies. Unified Land Development Code (ULDC) VOLUME'S 1.11 & III: --Legal Review of ULDC Volume I as amended (Administration and Zoning Regulations "LDRs") listing recommendations to the City by your Attorney. Recommendations should include additions, deletions and corrections which need to be made to correct any area that is contrary or contains any discrepancy. --Create an Index, Comparative Table, Cross Referencing and Reference to Florida Statutes. Incorporate Volume I as a new section of the Code Book, 81/2 x 11 paper size, double column. Thirty-five (35) copies. -Legal Review of ULDC Volume If (Water and Wastewater: Design and Improvement Standards) listing recommendations to the City by your Attorney. Recommendations should include additions, deletions and corrections which need to be made to correct any area that is contrary or contains any discrepancy. -Create an Index, a Comparative Table, Cross Referencing and Reference to Florida Statutes. It -incorporate Volume 11 as a new section of the Code Book, 8% x 11 paper size, double column and incorporate into the Code Book. Thirty-five (35) copies. Legal Review of ULDC Volume III (Subdivision Regulations and Standards for Design, Construction and Maintenance of City Streets) listing recommendations to the City by your Attorney. Recommendations should include additions, deletions and corrections which need to be made to correct any area that is contrary or contains any discrepancy. $2,445 • • Municipal Code Coup —Create an Index, a Comparative Table, Cross Referencing and Reference to Florida Statutes. Incorporate Volume III as a new section of the Code Book, 8% x 11 paper size, double column and incorporate into the Code. Thirty-five (35) copies. 35 Black 3-11D" ring leatherette binders 81/: x 11 to fit reformatted book. $ 6 3 0 Gold lettering "CITY OF OKEECHOBEE CODE OF ORDINANCES." City Seal stamped on Front and Side of Binder (1 size) 35 seta of Colored Tab dividers. Those tabs are to include: Charter, Charter Comparative Table and Charter Index. Code, 1 General Provisions; 2 Administration; 3 Alcoholic Beverages; 4 Animals & Fowl; 5 Reserved; 6 Elections; 7 Fire Protection & Prevention; 8 Health & Beautification; 9 Housing; 10 Licenses & Business Regulations; 11 Offenses -Miscellaneous; 12 Planning and Development; 13 Street and Sidewalks; 14 Subdivision; 15 Taxation; 16 Taxicabs; 17 Traffic; 18 Water, Sewers & Sewage Disposal. Unified Land Development Code; Vol. I Administration & Zoning; 100 General Provisions; 130 Construction Design & Improvement; 150 Administrative Boards & Agencies; 200 Administrative Procedures & Requirements; 250 Appeal, Special Exception Use, Variance; 270 Concurrency Regulations; 300 Zoning Districts & Map; 320 RSF 1; 330 RSF 2; 340 RHM; 350 RMF; 360 CPO; 370 CLT; 380 CHV; 390 CBD; 400 IND; 410 PUB; 430 PUD; 450 Parking & Loading; 500 Landscape; 550 Signs; 580 Communication Towers & Antennas; 600 Supplementary; 650 Accessory Use; 680 Temporary Structures; 700 Special Exception Use; 750 Non - Conforming Use; 790 Cluster Development; 800 Natural Resource Protection; 820 Flood Hazard Zone; 850 Development; 870 Street System; 900 Utility; 920 Storm water Management; 990 Definitions; Appendix A; Appehdix B; Appendix C; and Appendix D. Vol. II Water & Wastewater Design & Improvements; Appendix A Manual of Standards. Vol. III Subdivision Regulations; Standards for Design, Construction and Maintenance of City Streets. Code Comparative Tables. State Law Reference Table. Code Index. $50 $175 Code Available on the Internet, members of Florida League $ no charge of Cities TOTAL $ 9 , 5 0 0 Payment over 2 Budget years Oct 1, 2000 - Sep 30, 2001 $ 4, 0 0 0 '"" —`"'— Oct 1, 2001 - Sep 30, 2002 $ 5, 500 0 �s cost for any additional services ordered. • Municipal Code Corp If a conference in the City with an MCC attorney is not desired, deduct $500 As you review and compare the proposals and sample pages submitted to the City please consider the type size and number of pages quoted in each company's proposal. Unless otherwise requested by the City, MCC will print the Code text in ten -point and the tables and index will be eight -point. Remember: The larger type size requires more pages and usually increases the base cost for the project MCC's proposal is based on 425 double column pages. Excess pages, additional per page 18 SEE ATTACHED PAGES FOR ADDITIONAL SERVICES INCLUDING SUPPLEMENT SERVICE. • American Legal Publishing CITY OF OKEECHOBEE CODE BOOK BID SHEET Enclosed is a copy of the City of Okeechobee's Charter, Comparative Table, Index and amendments to the Charter; Code, Appendix, Comparative Table, Statutory Reference, Index and amendments to Code; and the three Volumes of the Unified Land Development Code. We formally request a price to take the enclosed copies, have your legal team review them and offer a procedure to correct any discrepancies. Update the Charter and Code with ordinances that amend them. Cross Reference the sections. Check for State Statutes conflict and offer procedure to correct any discrepancy. Cross Reference State Statues. Reformat them to fit one 8Y2 x 11 book and make it available on the internet. Should you have any additional recommendations for us to consider, please list those at the end. The City of Okeechobee reserves the right to accept or reject any and all bids. The City reserves the right to waive informalities in any bid, delete any portion of the project and extend the project within the limits of the work involved. Charter, Comparative Table, Index and Amendments: $990 (based upon 55 pages) Legal Review of Charter, Comparative Table, Index and amendments listing recommendations to the City by your Attorney. Recommendations should include additions, deletions and corrections which need to be made to correct any area that is contrary or contains any discrepancy. -Incorporate the amendments into the Charter (Ordinance No. 358, 388, 389, 390, 449, 450, 479, 543 and 646). -Revise the Comparative Table, Index, Cross Referencing and Reference to Florida Statutes. Reformat Revised Charter, Comparative Table, and Index to 8'/2 x 11 paper size, double column. Thirty-five (35) copies. Code, Appendix, Comparative Table Statutory Reference Index and $5,310 amendments: (based upon 295 pages) Legal Review of Code, Appendix, Comparative Table, Statutory Reference, Index and amendments listing recommendations to the City by your Attorney. Recommendations should include additions, deletions and corrections which need to be made to correct any area that is contrary or contains any discrepancy. • • American Legal Publishing Incorporate the amendments into Code (Ordinance No. 737, 738, 743, 744, 745, 758 and 759). Revise the Appendix, Comparative Table, Statutory Reference, Index, Cross Referencing and Reference to Florida Statutes --Reformat Revised Code, Appendix, Comparative Table, Statutory Reference, and Index to 8Y2 x 11 paper size, double column. Thirty-five (35) copies. Unified Land Development Code (ULDC) VOLUME'S I II & 111111: $6,295 (based upon 350 pages) —Legal Review of ULDC Volume I as amended (Administration and Zoning Regulations "LDRs") listing recommendations to the City by your Attorney. Recommendations should include additions, deletions and corrections which need to be made to correct any area that is contrary or contains any discrepancy. --Create an Index, Comparative Table, Cross Referencing and Reference to Florida Statutes. Incorporate Volume I as a new section of the Code Book, 8'/2 x 11 paper size, double column. Thirty-five (35) copies. --Legal Review of ULDC Volume II (Water and Wastewater: Design and Improvement Standards) listing recommendations to the City by your Attorney. Recommendations should include additions, deletions and corrections which need to be made to correct any area that is contrary or contains any discrepancy. —Create an Index, a Comparative Table, Cross Referencing and Reference to Florida Statutes. —Incorporate Volume II as a new section of the Code Book, 81/2 x 11 paper size, double column and incorporate into the Code Book. Thirty-five (35) copies. Legal Review of ULDC Volume III (Subdivision Regulations and Standards for Design, Construction and Maintenance of City Streets) listing recommendations to the City by your Attorney. Recommendations should include additions, deletions and corrections which need to be made to correct any area that is contrary or contains any discrepancy. LJ • American Legal Publishing -Create an Index, a Comparative Table, Cross Referencing and Reference to Florida Statutes. Incorporate Volume III as a new section of the Code Book, 8Y2 x 11 paper size, double column and incorporate into the Code. Thirty-five (35) copies. 35 Black 3-"D" ring leatherette binders 872 x 11 to fit reformatted book. $695 Gold lettering "CITY OF OKEECHOBEE CODE OF ORDINANCES." City Seal stamped on Front and Side of Binder (1 size) Included (no charge) 35 sets of Colored Tab dividers. Those tabs are to include: Charter, $350 Charter Comparative Table and Charter Index. Code, 1 General Provisions; 2 Administration; 3 Alcoholic Beverages; 4 Animals & Fowl; 5 Reserved; 6 Elections; 7 Fire Protection & Prevention; 8 Health & Beautification; 9 Housing; 10 Licenses & Business Regulations; 11 Offenses -Miscellaneous; 12 Planning and Development; 13 Street and Sidewalks; 14 Subdivision; 15 Taxation; 16 Taxicabs; 17 Traffic; 18 Water, Sewers & Sewage Disposal. Unified Land Development Code; Vol. I Administration & Zoning; 100 General Provisions; 130 Construction Design & Improvement; 150 Administrative Boards & Agencies; 200 Administrative Procedures & Requirements; 250 Appeal, Special Exception Use, Variance; 270 Concurrency Regulations; 300 Zoning Districts & Map; 320 RSF 1; 330 RSF 2; 340 RHM; 350 RMF; 360 CPO; 370 CLT; 380 CHV; 390 CBD; 400 IND; 410 PUB; 430 PUD; 450 Parking & Loading; 500 Landscape; 550 Signs; 580 Communication Towers & Antennas; 600 Supplementary; 650 Accessory Use; 680 Temporary Structures; 700 Special Exception Use; 750 NonConforming Use; 790 Cluster Development; 800 Natural Resource Protection; 820 Flood Hazard Zone; 850 Development; 870 Street System; 900 Utility; 920 Storm water Management; 990 Definitions; Appendix A; Appendix B; Appendix C; and Appendix D. Vol. II Water & Wastewater Design & Improvements; Appendix A Manual of Standards. Vol. III Subdivision Regulations; Standards for Design, Construction and Maintenance of City Streets. Code Comparative Tables. State Law Reference Table. Code Index. Code Available on the Internet Annual: $350 One-time Folio conversion*t: $1,495 / $995't TOTAL $15,485 / 14,985t Payment over Budget years Oct 1, 2000 - Sep 30, 2001 $7,742.50 / $7,492.50 Oct 1, 2001 - Sep 30, 2002 $7,742.50 / $7,492.50 These fees do not include cost of future supplements to Folio version code. Folio supplements will be made at same time paper -version code is supplemented, at a supplement rate of $1.95 per page (min. $195 for annual update, min. $150 each for bi-annual updates). 0 • American Legal Publishing ADDITIONAL COMMENTS AND/OR SUGGESTIONS: t The ULDC segments of the code are substantial, and Volume II in particular contains many diagrams/graphics. For the Folio version of the code, if the City opts to convert text only and does not include the Construction Standards & Details graphics (approximately 65 pages of full - page graphics), the cost for one-time Folio conversion would drop to $995. This proposal has broken down costs segment by segment, but assumption is made that the project will be viewed holistically. The legal research report American Legal produces is based upon a comprehensive review of the code; therefore it is not accurate to look at each segment as having its 'own' legal review. Each segment within this bid (Charter, Code, ULDC Volumes) will be evaluated for internal consistency, as well as with other segments, and state and major federal law. This proposal is based upon information kindly furnished by the City of Okeechobee. Because the cost of codification is based upon the final page count, American Legal Publishing will employ an increase/ decrease clause to ensure the City pays only for the number of pages in the finished code. The total page count estimate for the finished code (with ULDC volumes incorporated) is 700 pages single -column, 560 pages dual -column. Should the final code number fewer or more pages than this estimate, the base price will decrease or increase accordingly at the time of final invoice: If you have any questions regarding this bid sheet, please contact Michele Girard, of American Legal Publishing, at 1-800-445-5588. _ • Florida Department of Transportation JEB BUSH 605 Suwannee Street GOVERNOR Tallahassee, Florida 32399-0450 June 14, 2001 Mr. Bill L. Veach City Administrator City of Okeechobee 55 S.E. Third avenue Okeechobee, FL 34974 Re: N.E. 13"' Avenue Crossing (628063-T) Closure Application Dear Mr. Veach: ExHIBIT 8 JULY 17 AGENDA THOMAS F. BARRY, JR. SECRETARY Pursuant to our telephone conversation, I have enclosed copies of the Railroad Crossing Closure Application, submitted by CSX Transportation, Inc. (CSXT), along with the Okeechobee City Council's minutes confirming approval of the closure. As I explained, I am not sure why the Stipulation of Parties (i.e., formal agreement to legally close the crossing) was not executed following CSXT's and the City's agreement. However, it is the Florida Department of Transportation's (FDOT) intent, in accordance with the Federal Highway Administration's crossing consolidation program, to close any highway -railroad grade crossing that is redundant, unused, or potentially hazardous. Elimination of a crossing provides the highest level of crossing safety because the point of intersection between highway and railroad is removed, thus eliminating the potential for vehicle -train collisions. To avoid confusion, please note that although most of these documents refer to N.E. 13t' Street as the location of the crossing, the map and FDOT's crossing database indicate that the crossing location is N.E. 13"' Avenue. I appreciate your cooperation and willingness to review the documents and help me determine our next course of action. If you have any questions concerning the proposed crossing closure or the Department's authority and process for facilitating crossing closures, please contact me at (850) 414-4528 or e-mail Janice.Bordelon(&dot.state fl us. Thank you. Sincerely, ?Jan Bordelon ail Office Enclosures cc: Mr. Doug Halpin, CSXT Public Projects Engineer Mr. Tommy Brooks, FDOT District One Rail Coordinator www.dot.state.fl.us ® RECYCLED PAPER • • �,"*77 /Ot OKEE! ` R F r F i v F- 0 '.4' ; MAR U 1998 z� =s City of Okeechobee February 25, 1998 H. Michael Dowell, P. E. Rail Corridor idor Programs Engincer Florida Department of Transportation 605 Suwannee Street Tallahassee, FL 32399-0450 Dear Mr. Dowell: On January 6, 1998, the Okeechobee City Council approved the CSX Railroad crossing closure. As you requested, a copy of the minutes for that meeting approving the closure is enclosed. If you have any questions, please feel free to contact our office. Sincerely, Julie A. Smith City Administration 55 S.E. Third Avenue • Okeechobee, Florida 34974.2932 a (941) 763-3372 9 Fax: (941) 763.1686 JANUARY 6,1998 - REGULAR MEETING - PAGE 4 OF 5 483 NEW BUSINESS CONTINUED. C. Discuss Assisted Living Facilities and Community Mrs. Anne Hurst appeared before the Council to discuss assisted living facilities and community residential homes. She explained Residential Homes - Ann Hurst (Exhibit 4). that, there is a need in Okeechobee to promote the availability of appropriate services for elderly and disabled persons in the latest restricted and most homelike environment. There are many assisted living facilities in the " Tri-County° area, however, the majority are located on the coast. People come to Okeechobee to live in retirement villages but Okeechobee does not accommodate their needs between retirement village and nursing home. I am requesting the City Council consider a zoning practice for Okeechobee to facilitate future licensed assisted living facilities in residential areas. Florida Statutes 400.401(2), 400.402(2) and 419.001 all encourage affordable facilities that promote the individuality, privacy and decision making ability of such persons." Mrs. Hurst distributed pictures of examples of licensed assisted living facilities in residential areas on the coast noting that the facilities blend in with the surrounding areas. The purpose of this presentation is only to inform the Council on the need and to keep that in mind when they address any future rezoning requests for these types projects. The City's current regulations do not address these types of facilities in any zoning district regulation. Mayor Kirk thanked Mrs. Hurst for her time D. Discuss Florida Department of Transportation closure of in bringing this information to the Council. highway railroad grad crossing located at Northeast 13th Council Member Markham moved to approve the closure of the Highway Railroad Grade Crossing No. 628063T located on Street as requested by CSX Railroad - Council Member Northeast 13th Street, (Railroad Mile Post Number SX909.45) as requested by the Florida Department of Transportation and CSX Markham (Exhibit 5). Railroad; seconded by Council Member Oliver. There was a brief discussion on this item. The vote was as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. E. Discuss Community Development Block Grant Downtown Facade Renovation signage issue - Council Member Council Member Chandler advised he has received complaints from the business owners within the downtown grant area. Their Chandler. complaint is that all their signs have been removed and business has slowed since potential customer's cannot find their location nor is it "pulling" potential customer's from State Road 70 without their signs. The tenants of certain buildings have stated they were not informed by their landlord that the all the signs would be coming down at once. Council, staff and various business owners discussed the problems that have occurred since the City started the grant three years ago After lengthy discussions, Council instructed Attorney Cook to set up a meeting between himself, Janice Brown, owner of Village Square Restaurant and her landlord to see if a solution could be worked out between them Council also instructed Attorney Cook to research any options the Council could take regarding putting the signs back up and completely pulling out of the grant and sending the money back At this point and time the City has been working on the grant over three years and has a signed contract with the contractor to complete the work which should finish up in late Apol or early May. FLORIDA = DEPARTMENT OF TRANSPORTATION KJAW"M aus 605 Suwannee Street. Tallatmvee, Florida 32599-0450 n OPIAS r. 6ARRY ar ooVZRnOR �� SECRETARY n November 24, 1997 The Honorable James E. Kirk Mayor of the City of Okeechobee City of Okeechobee 55 S. E. 3rd Avenue Okeechobee, Florida 34974 Dear Mayor Kirk: The Florida Department Of Transportation has received a request from CSX Railroad for the -closure of a Highway Railroad Grade Crossing in the City of Okeechobee. In accordance with Rule 14-46.003(2)(c)l., Florida Administrative Code, the application for closure (See Attachment #1) of the Highway Railroad Grade Crossing listed below is provided for your review: Street Name - N.E. 13th Street AAR/FDOT Crossing Number - 628063T RR Mile Post Number - SX 909.45 Section 335.141, Florida Statutes, grants regulatory authority to the Department of Transportation for issuing permits to open and close all public Highway Railroad Grade Crossings in the state (See Attachment 42). In cooperation with local governments and railroad companies operating in the state, Chapter 14-46, Florida Administrative Code, governs the process of issuing such permits (See Attachment #3). The City of Okeechobee's concurrence or recommendation for this crossing closure is requested by January 2, 1998. If you have any questions or concerns about this process, please contact me at (850) 414-4552. Sincerely, x�? acz/ H. Michael Dowell, P.E. Rail Corridor Programs Engineer /hmd CC' Mr. Dowling R. Watford, Jr., Councilmember, City of Okeechobee Mr. Robert Bradshaw, City Administrator, City of Okeechobee Mr. Tommy Brooks, District One Railroad Coordinator, FDOT E) RECYCLED PAPEF K A i I _R UAD UKAVk; C.KLrjbM ti Arr1.1C:A1 IUPI ,, �•` •L RAll JOB NUMBER ROAD NAME OR NUMBER COUNTY NAME PARCEL do R/W NUMBER DOC= NUMBER 93-97-M N. E. 13th Ave. okeetbobw AGENCY NAME:C��- A. IDENTIFICATION: �1 Submitted By: Application For: Agent Jon W. Wollenzien (X) Closing a public at -grade rat Ig way Title Public Proiects Eng. crossing by: Telephone 904-359-1205 ( X ) roadway removal Address CSX Transportation ( ) Opening a public at -grade rail/highway 500 Water Street crossing by: Jacksonville. Florida ( ) new rail line construction 32202 ( ) new roadway construction B. CROSSING LOCATION: #628063T, Okeechobee, Florida Jurisdiction for Street or Roadway by Authority of: (X) City ( ) County ( ) Stab Local Popular Name of Street or Roadway: N. E. 13th Street --_ Railroad Company: CSX Transportation - - Railroad Mile Post (Distance & Direction): SX 909.45 Nearest Existing Grade Crossings - Each Direction: Direction Distance (1) East 0.05 (2) West 0.75 FDOT/AAR Crossing Number #628064A N E 14th Avenue, M.P. 909.50 #628062L S. R. 15 M P. 908.70 Map (X) Attached ( ) Mailed Separate C. CROSSING SURFACE INSTALLATION: Roadway Traffic Volume (ADT): ( ) Existing 675 ( ) Proposed ?vpe Roadway: ( ) Existing Asphalt ( ) Proposed Type Rail Line: ( ) Existing Main ( ) Proposed Number of Trains Per Day - Passenger: d Freight: 7 Speed of Trains - Pas: 79 Fr: 45 Cost Estimate to Install Crossing: S Cost of Installation Charge to: ( ) Applicant ( ) Other Cost Estimate for Annual Maintenance: S Cost of Annual Maintenance Charge to: ( ) Applicant ( ) Other FORM72SOPDE6 RAIL . WM hP2a(2 D. CROSSING SIGNAL INSTALLATION: Type: ( X ) Flashing Lights ( ) Cantilever ( X ) Gates ( ) Other Installation Performed by: ( ) Applicant ( ) Railroad ( ) Other Cost Estimate to Install Signals: $ Cost of Installation Charge to: ( ) Applicant ( ) Other Cost Estimate for Annual Maintenance:$ Cost of Annual Maintenance Charge to: ( ) Applicant ( ) Other E. PUBLIC HEARING: Prior to the adoption of any rule or regulation for opening or closing at -grade public rail/highway crossings, if requested a public hearing will be held by a duly authorized hearing officer appointed by the Division of Administrative Hearings as pursuant to the provisions of Chapter 120, Florida Statutes, the Uniform Administrative Procedure Act. Will Applicant be Represented by Counsel at the Public Hearing? (X) Yes (Complete Following) ( ) No Attorney Name Stephen H. Shook Attorney Telephone 904-359-1808 Attorney Address CSX Transportation 500 Water Street J-150 Jacksonville, Florida, 32202 Describe Material to be Placed in Evidence at Public Hearing: (maps, resolutions, agreements, documents, etc.) SUBMITTED FOR THE AGENCY BY: APPLICATION APPROVED FOR THE DEPARTMENT BY: e-L W. DATE: PUB. PROJ. ENGR. Title - Rail Corridor Programs Engineer DATE: NOV 10 199; ATTACHMENTS: (List) REFERENCES: (Specific Legal Authority) 334.044 F.S., 120.57 F.S. (Law Implemented) 335.141 F.S. (Administrative Rule) 14-46.003 D.O.T. (Procedure) 725-080-050 RECYCLED PAPERE a N W 23 ' • 18 441 NW 20 TH LN 628055-1 628067 I M I � T I O DI J H ST 441 700 og ST FFFM : '628066 FLORIDA STAT .UTE i 33 ATTAeNMQ4T t YI 335.141 Regulation of public raflroad-highway grade crossings: reduction of hazards.— (1)(a) The department shall have regulatory author- ity over all public railroad-hionway grade crossings in the state, including the authority to issue permits which shall be required prior to the opening and closing of such crossings. (b) A 'public railroad -highway grade crossing' is a location at which a railroad track is crossed at grade by a public road. (2)(a) The department, in cooperation with the sev- eral railroad companies operating in Ine state, shall cevelop and adopt a proaram for the expenditure of funds available for the construction of projects for the reduction of the hazards at public railroad -highway grade crossings. The department and the ratiroact com- banies are not iiaDle for any action or omission in the development of sucn Drooram or for the priority given to any crossing improvement. (b) Every railroad company maintaining a Dublic rail- roao-hicnway crane crossinr, snail, uDon reasonable notice from Ine oeDartmem. install. maintain, and oDer- ate at suer) crossing trafitc control cievices to provide motorists with warning of Ine acproacn of trains. The oeoartment snail ;,ase its notice on its a000tec grogram I o Ine recuctfor, of nazares al sucn crossings and on construction efi:giency consioerattons relaune to the peooraom::al Droximny of crossings inciuoec in sucn pr0Dr2,m. Ine oes:cn of the trafi:g control Oev;ces must De 2DarDve;, by the OeD2"amen;, 2n-- Ine cgs', c'. tneir Dumnase an,- i'tslaltanori rriljsi be pa:c irom.tne funds oescrioec in Dar2praoh (2). (g) Anv Dubi:g raiiroaG crosstric CDened Drior 10 July i, 1972, seal: De maintamec Dy the railroad company at :tS own expense, unless ine maintenance nas been Dro- vioed lcr in anotner manne7 by contractual agreement enterec into prior to Dctoo,er 1, 1952. H the raiiroac corn• Dany tails to mainla:n ine crossing, the unit of govern- ment \vnn jLmsd;ction over the Dubitc roac trial is crossec, after-Dliivinc the raitroac company of the neeoec reDarrs 2nc'ztier giving the company K days alter the sate of receiD: of the notice to make Ine reDars, sna: Drogeec to make the repairs inc- cost of reDars snaC inereuDcn Decone a hen upon Inc railroad anc its roliinc stccP., wn,cn lien snap De enlorcezbte Dy 2n ordin2ry sui: a: is . Any iuccrnen; renoered unoer tnis Daragr2Dn snz!: incluoe a reasonable 211ornev's lee. (d) %nor io commencino the construction. renz:Aaa- lion, e• maintenance Inc- ranroac or2oe or nicnw2y 2DDroacnes a: a DUDi:; raj!roao-n:onv.ay craoe cross- ing, the railroac cornDany or covernrnenlai entity initial- inc the wort, snap, notify ine Dine: party in oroe• to Pro- mote ine cooro,nalion of 2gtrvittes arr t0 ensure a sate crossing v:,tn srn:,otn pavement transitions lrorn the crape c' the rai:rcac to the n,cnway apDroagnes • 0 (3) The department is authorized to reoulate the speed limits of railroad tratGc on a municipal, county, reoional, or statewide basis. Such seed limits snail be establrsned by order of the oepariment, which order is sub :ct to the provisions cf chapter 20. The dPbarl• mert shall have the authority to adopt reasonable rules to carry out the provisions of this subsection. Such rules shall, at a minimum, provide for public input prior to the issuance of any such order. (4) Jurisdiction to enforce such orders shall be ns provided in s. 316.640, and any penalty for violat::in . thereof shall be imoosed upon the railroad company ouilty of such violation. Nothing herein snail prevent a local oovernmental entity irom enacting ordinances relating to the blocking of streets by rai►road engines and cars. (5) Any local oovernmental entity or other pubtic or private agency planning a public event, such as a parade o- race, that involves the crossing of a railroad track shall notify the railroad as tar in advance of the event as possibie and in no case ►ess than 72 hours in advance of the event so that the coordination of the crossing may be arranoed by the agency and railroad to assure ine safety of ine railroad trains and the partici- pants in the event. Mratory.—s. 131 • Cr. 29'9:5. 1955; s, I. en. p449; ec. M. 35. en. 6-1DB. V 1. en. 7?-tES: s 45. en. 7431: L. 514. R. 7E-45: s. 2. ern. 52-90. L. 51. en. E--335; s. 27. M. BE-8.',. L. N. cn. 91-221. Lou —Former L. 3W21. ', FL.Ol2�� AD1>'iw,r 5T2�t7T I ✓r GJOqM M-7, P. 401 RAILROAD&VrnT= 1TISTALLAMO` OR ADJUST:•IiT '24-46.0011 CHAPTER 14-46 RAJLR0ADSATi'iI,1i-DLS DWALLATION OR ADJUST UNT •14-46.001 UdIities Installation or AdjusmtcnL 14-46.0011 Utilities Liaison. 14-46.002 Responsibility for the Cost of Railroad/ Highway Crossings. 14-46.003 Highway/Ratlroad At -Grad -- Intersections — Authorization for Opening and Closing. 14-46.004 Regulation of Train Spend. (Repealed) 1446-001 Utilities installation or Adjustment. (1) Purpose. This policy is established to regulate the location and manner for installation and adjustment of utility facilities on any FDOT right-of-way, in the interest of safery and of protection, utilization and future development of these rights -or -way with due consideration given to public service afforded by adequate and economical utility installations and to provide procedures for the issuance of permits. (2) Authorization by the FDOT Required. No person shall enter upon any right-of-way under the jurisdiction of the FDOT to construct, alter, ooeratc, maintain or reloeam any utility installation without fast being issued a permit to do so etc --cat as otherwise noted in the FDOT's Uuliry Accomrrsordaiior. Mane:!. (3) Permits. (a) Tne FDOT will issue permits for the construction, alteration, om-anion, relocation and main L-name of UtiliL S UDOn the right-of-way in conformity with the FDOT's Urfliry Accornnwaatior, Manual, June 1993 edition., FDOT Document No. 710-020-O0l-c, which is hereby incorporated by r-fcr-ncc and made par, of this rut--, and which supersedes all previous editions. Copies or this document are available from the FDOT Maps and Publication Sales, 605 Suwannee Smcct, Mail Station 12, Tallahasset, Florida 32399-0450 at no more than cost pursuant to Section 120.53(2)(a), Florida Starut_s. (b) The Utility• Pc.—i:. FDOT Fore 71C-010-05, Rey. 06196 superseded Permit Form. 592-03 listed in Scction (3)(2) or the UIMIN, Accommodarior. Manua!, Junc 1993 edition, will b used in lieu of the supers--dcd fa::r, listed in the manual. Copies of FDOT Fo.^: 710-010-85, Rcv. 06196 be obtained from, the SW_ Utiliry Engineer at 605 Suwa^nee SLec:, Mail Station 32, Taliahasscc, Frond, 32399-0450, o- the Dis=ict Maintenance Engineers a: -:h Of the Dip n mcnt's districts. (4) RcimburSement Conditions (Other than LnLrsiaL-). (a) T nc FDOT will no: rcimbu--sc any utiliry for adjus=cn', relocation. cr removal of existing uLiiities where the u;iiity is located or, pubii: r._:hu-of-wad or oi11c7 a: --as dedicated for pubii_ (b) Tne FDCT wil: reimburse a utility- for tr- reloca6or.. 2^ICS J'len: O- rcmov;22 Of iLs facilities as a result c.r a FDOT consruction pear--; whcr-- the utility's facilities art located on property in which the utility holds a eompensable property imc=L (5) Reimbursement Conditions (Interstate). If relocation of utility facilities is required by construction of a project on the Fedcral-Aid Interstate System, and the cost of such project is financed by the federal government up to the extent of 90% under the Federal -Aid Highway Act, then in that event the FDOT will reimburse the expense or udliry relocation in accordance with 23 C.F.R. Pan 645, which regulations are hereby incorporated by reference and made a pan of these rules. (6) Calculation of State Cost Participation. When the utility is eligible for any reimbursement from the FDOT, state participation will be based on the cost of making the required change in the utility after deducting any resulting increase in the value of the new utility and any salvage value derived from the old utility and otherwise as fixed by FDOT Procedure, Utiliry Relocation Costs, No. 710-010-030-b, effective May 19, 1989, which is hereby incorporated by reference and made a pan of these rules. (7) Cost Development and Reimbursement. Reimbursement by the FDOT for any eligible utility wort: will be based upor, an executed utility agreement between the FDOT and the utility, authorizing the work of adjusting or relocating utility facilities. Rcimburs--men: for utility, work involving Federal -Aid Participation will be subiect to the provisions of 23 C.= R. Pan 6,45. Specific AuMhorin 334.044(2) FS. Lau Implemented 337.401. 337.402, 339.05 F.S. Htsrory--lv'ew 5-13-7C. Amended F-10.7£, i•22-E:, Formeri.lI-.46.01, Amended 7.5-9C, 6-d-92, IG-!5-96. ANNOTATIONS Validity DDA1:' determined ghat ccrtair provisior-t o,! me 1993 Fioride Utilvr% Acromntod^.rior. Afartua: which had beer. adopted by nsaondcnt/deperrmcrt rz rules by reference ir. Auk 14-46.001(31. F-A.C., did no: corsrirutc invalid arcreises o! de;. -Feted euthority. Tne specific provisior) a: issur were the deflnitiow or •'rttllin'•' and -mzi in' faeilirie: •. rite 'ne monetary Fair." provision, ar& Jhe Join" use•' provisior Kjtr'uacooehec River Eieer•ic Goopoerive. Ire. v. State o' Fioridc, Deparrmenr tar Troruporwrior.. H FALF 23), 96 FPSC 3:573 (1995). Proposed peragrc:+c 12 or UnGry Perrot:, wrier, is par: o! Utiltry Aecommoacrior, Guide incorporated by reference ir. Ruic 14-46.00;, F-A.C., wisicr, obligates utilities to defend D07 egairs: eiairJ o' eonrranors arising from sued: wi/in wort, is reasor-2ble interpretation or f 337.401(2). 1:1., reauiremer-: tie permithola'er be resporriblt for env aam.-,Fc resulnng jrorn issuance of permit, erg i:. Jhu , no: invalid eucreisc or delegated power. ho»•n•r, proposed percrrcp}: 15. which would 06Zgcre u:ihN to pey for an)njrbrencc tr-c: it no: solely e.'�ibut�lc it, DO c invciid, c7 is goes bn•or� f 33i.401(2). � S., rr-:r 'tic e_ eorrravener FioriG:'s compare^vc icy.': cocrrinc, four-c' c: C 76E.61.::S., ir ter: u Tile) ..-oui; be obhgeted is pc? er.:ire jc�z:Fmer.:, ever. {' of.iP foe -: rC be Danialiy. o, minim= i)', c: F xria_. Jr— v. Depc-rmer,: c' Trorsporrctior. (DOAX 85-3365?.). 1: FAL:-' 1S: ` (1,090). 34--6.OWO12 Utilities Liaison. RecoE7.:zing that tali u:iiirn oy.•ncrs scrvi - the public hav: 2 DEPARTMENT OF TRANZ5MRTAnoN N. 7 p. 402 cc=non obson to provide their services in a cost effective rut==, the FDOT will coordinate its advance planning of highway projects with the affeacd utilities to facilitate the relocation of the utility in order to eliminate costly eomtruction delays. As part of the project planning and development process, the FDOT will consider the cost of utility work necessary for the proposed project The FDOT will keep utility agencies informed of future transportation projects and request the utility agencies to advise the FDOT of the location of existing and proposed structures within proposed project corridors. Specific Authority 334-044(2) F.S. Law implemented 337.401, 337.402. 337.403. 337.404 FS. History —New 7-5-90, Amended 6-8-93. r ==na cost -or am trackbed and rail Components plus the highway roadbed for the width of the tall ties within the dossing area. The Department shall be responsible for the maintenance cost of the highway roadbed outside of the railway ties on crossings where the railroad holds a eompensabie interest in the property. The railroad shall be responsible for the maintenance cost of the highway roadbed where the crossing occupies public right-of-way. (e) Grade Separation Structures. The Deparonent shall be responsible for the maintenance cost of railroad overpasses when the structure is located on the Stam-Maintained Highway System and carries highway traffic over a railroad. The railroad shall be responsible for the mainL-nance cost of railroad ANNOTATIONS underpasses which carry highway traffic under a Validity Proposed Rule J,9-46.0011, FA.C., which direeu DOT to coordinate with utilities in planning highway pro)eeu, is valid exercise of delegated JejWative authority, err it it only statement of general polity, is reasonable rule authorized by Departments enabling legislation, is not intended to require any decision, affecting substamial interesu to be rendered under it, and does not vest unbridled d4cretior. ir. DOT. GTE Florida, Inc. v. Department of Transportation (DOAN 89.3368R), 12 FAIR 1515 (1990). 14-46.002 Responsibility for the Cost of Railroad/Highway Crossings. (1) Purpose. To establish the dcgr= of Department o,` Transportation parricipation with state funds in the cost of eliminating railroadfnighway crossing ha_3rds. (2) Installation and Modification. The method of determining responsibility for installation andior modification costs shall be as foliows: (a) At all railroad crossings where the railroad holds a compcnsable in, rat in the property, the method of der :-mining railroad responsibility will be in accordance with the Federal Highway Adminisration Fedcal-Aid Highway Program Manual, Volume 1, Chapter 4, Section 3 and subscouent envisions. (b) At all railroad crossings where the railroad dots not hold a compensabic intcmcst in the prop::,}', the method of deL--mining the Depzranen: s responsibility will be in accordance with the method of du -shining railroad r-sponsibility enumcztsd in the Federal Highway Admi-tisration Federal -Aid Highway Pro,—= Manual. Voium: 1, Chap,= 4, Section 3 and subscoucn: revisions. (3) Main:cnancc. Tne method of dctcrrnining pa.ocipauon in railroad/highway crossing mzin _naac: cos, shall be as follows: (a) Crossing irahk- Control Dcviccs. Tnc Dcpa.-linen: may participatt Lr ten: cost of maintaining grace crossing L-affuc control deviws in the LMOL'u,: 0, 5011-e of the cos: as long as tic d:.•i..: s art loca_-d on the S g _-Main tined liich� �. System. (b) =vel Wes}. wrh:n the grade crossing is lot sc t :c Sys-T:a-n:ai:r-_d Ilighvay Sys :. , tr: ntiroad sha]I be r:sporsibi: for the railroad. Specific Authority 334.044(2) FS. 1.aw Jmplememed 335.141(3). 339.05 FS. History -.New 2-3.71. Amended 5.27-72, 8-20-78, 7-1242, Formerly J4-16.02. ANNOTATIONS Liability Department failed to demonstrate that its action or inaetior. at adrninedly dangerous railroad crossing was based upon -basic governmental polit)," or that jury's determination of negligence in case wt, merely exercise in second-guessing `propriety of governmental objeeriva or pragrarw," which eouru have tough to protect through gran, of immunity from liability. Deparrmen. of Transportation V. Webb, App., (Jar) 409 So. 2d J061 (19i>_'f). 14-46.003 iiighway/Raitroad At -Grade Intersections — Authorization for Opening and Closing. (1) Purpose. To provide rules foe the Florida Department or Transpo.rzatior. (Deparanent), pursuant to Section, 335.141, Florida Statutes, for the establis'hmen: of uniform standards in the issuance of finz] orders of the department regarding permits for the opening and closing of public railroad -highway grade crossings. Tn: two basic obieetives of rites-. uniform standards will be tc: (a) Reduce the a =iden: frcqu:ncy and severity at grad: crossings, and (b) L-nprove al and motor vchi:i: operating of uciencv. (2) Crperung 2rd Closing Public Grade Crossings. The Depar=cn; of Tz-nsporation may acccp; applications for the oncrtLng and closing of public railroad crossings from the govcr imcntal body that has jurisdiction over the public street c: highK•ay: zny railroad opcmting Lz:ns through the crossing: Env ot.ntr applicant for a public gmdc crossung providc.e there is in cxistcnct an age-,emcn: bet.%•; en the applicant and govcm•ntmal body to assure: jurisdiction as a public crossing: or the Depa- ncn� itself, on behalf of the Stagy of 10r1da. Gper-inF or ciosing of public grad: crossings shall tax: t^.: fo^ o.` a Fitt? Ord:. by the Sr::.a of Trans po7izticn, subscqu:n: to hcarinrs condu_t^.d pu:suan: tc Chap,_. 120, Fionca S ems, c. based upon a voiun Stipulation of Fzties executed by all 40 RAa-ROADS/fJ =XrjES patties. the Depana>cat. Acceptance o any application for processing by the Departn>ettt :hall not be construed as indicating the Department's position regarding the appliarioa (a) Opening Public Grade Crossing, In considering the opening of a public grade crossing, the following criteria will apply. 1. Necessity, convenience and safety of rail and vehicle traffic. 2. Utilization of existing routes where practical. 3. Effect of public grade crossings on the railroad's operations and expenses. 4. Design of crossing structure, and road approaches. 5. Visibility factors affecting either rail or vehicle traSrc. 6. Presence of passing tracks and their effect upon railroad and highway operations. When estimated highway traffic approaches 30,000 vehicles a day across main line tracks, a benefit -cost analysis must be performed by the applicant to determine if a grade separation is warranted. Conversion, of private crossings to public use. constitutes opening E' new public crossing. An Order or executed Stipulation or Parties must be obtained from the Department prior to such conversion. Active grade crossing traffic - control devices meeting the criteria set forth in rc Section )4-46.t03(3) arequired at all new grad-- crossings. Tne expenses of installation, maintenance and replacement of gad-- crossing traffic control devices and grad-- crossing pavement structures as provided in the Final Order will be the resoonsibility of the applicant (b) Closing Public Grade Crossings. In considering the closing of a public grade crossing, the following criteria will apply: 1. Nc:--ssity, convenience and safety effects upon rail and vc'nic)-- =affr--. 2. Utilization of remaining routes where pracdczl. 3. Effect of closing on tail operations and expertses. S. Excessive restriction to emergency ty� vehicles resulting from closing. (c) Closing Public Grade Crossings by Dcparan=nL 1. Tne Dc.Mtr pantnt will initiate and maintain z formal, continuing• crossing c)osur. program based on analysis of engineering and safety factors and minima: negative impact on operating efficiency to vehicle and -.a,)trartic. Local public bodies will be provided tht czndidat listing for review and m^r rcco,cndation.. 2. When a dct=rmi.nation has b--cn made to effect z closing,, tnc Depz^trncn:'s District Engine--r will Erie a formal application for closure on behalf of the Deparirnent for any crossing ciosurt no: previously applied for by other parties. paes. Actual ciosing of ran CxisLing crossing will take plant on)y af' acr—n-.s=zuvt hcarinp and Fir;:tl, Ordtr p�suan: to Cr,zp�r 120, Florida S:-.tuus, or Stipulationsti of Paes czccu ed by all pa. -ties in:iuding t"t Ir_�a-�ncn 3. Should the gov--rnmcn:.:1 body bearing IIdSTALLATIO` OR AWLrS71NMI T 74-46.003 [ u mcniosdivion over the crossing reject the proposed closing. the Department will prepare a tcchnial presentation supporting the closing and present the findings or fact to the ;on-rnmcnw body. The burdrn of proof for the retention of a crossing is on the governmental body. The Department may proceed with the closure process under the criteria listed in )4-46.003(2)(b) only after due consideration of the governmental body's response. (3) Installation Criteria;. Warning devices. (a) Basic Equipment. All new public grade crossings shall have refleetorized railroad erossbueks on the righthand silt of the road on both sides of the tacks as specified in the current U. S. Department of Transportation Manual on Uniform Traffic Control Devito (MUTCD). The refleetorized railroad advance warning sign and pavement markings shall be located at those public grade crossings which are specified in the ciu-mni M UI'CD. (b) Minimum Active Grade Crossing Traffic - Control Devices. All new public grade crossings shall have, as a minimum, roadside flashing lights and bells . on all roadway approaches to the crossing, normally placed on the right of approaching caffic. Lamp units shall be in accordance with the current standards recommended by the Association of American Railroads (AAR). The location of the roadside flashing lights shall be in accordance with tilt Depzrtrncn:'s Standard Index, "Railroad Grad -- Crossing Traffic Control Devices" with the primary emphasis being the visibility of the flashing lights. (c) Cantilevered Fizshing Lights. Pairs of Flashing lights placed on cantilevered 2-=s extended over traffic lanes shall be employed under any one o. the following conditions: I. Mul6iznc highways (two or mor lanes in each direction). 2. Sight restrictions to th-- grade crossing affecting either the motorist o: train errw. 3. Signal stanchion located greater than 23 feet from cent=riinc of` roadway. The length of tine cantilever zrrn shall be in accordance with the Depzr rien:'s Standard Index, "Rzii.road Grade Crossing Traffic Control Dcvicrs." (d) Automatic Crossing Gates. Automz5c crossing gz,s in conjunction with flashing Iights shall be installed if any ont of the following conditions cxis_ 1. Niu)tilmt highway. 2. )&pipit main line railroad tracks including Passing c-acks. 3. Mul ipk tracks zt or adiacen: to t}ic crossing whit:r mzy be occupied by a train so zs to obsct_c tht movcmtnt of another train zpproncirinE: t"t crossing. 4. )vgh speed t-z.n operation Greater t ran E5 mph) or CC^muL'r ^ra'n opcion (greater Lean 45 mph). 5. i 2 z... counts g-caz tan 5,000 vclicles per day. 6. Greats- tear, 30 through trains 2 day. '24 4&004 DEPARiUMiT O 7. 7mAlLith F== than nine school buses per day and/or substantial number of twits carrying hazardous materiaL 8. Continuance of accident history installation of flashing lights. 9.Intetseetions within 200 feet of tracks (measured from the edge of travelway) providing intersection has traffic signals and/or there arc heavy turning movements from parallel highways onto the tracks. (e) Traffic Signal Preemption. When the new grad: crossing is within 200 feet of an intersection with traffic signals, a train activated preemption phase shall be provided in the active grad: ffitraffic crossing traffic control,d:vice for the trac signal system. The design of the traffic signal and phase sequencing shall be as specified in U. S. DOT Manual on Uniform Traffic Control Devices. (f) Train Speed Detection Devices. The activation of automatic flashing lights shall precede the train by a minimum of 20 seconds. To maintain motorist confidence in the warning d:vices, the train arrival a: the crossing should not exceed 35 seconds from the start of the flashing lights. When train speeds on a given track vary considerably under normal operation, special devices or circuits shall be installed to provide reasonably uniform notice in advance of all train movements over the crossing. (g) Exceptions. 1. Any exceptions stated in Section 14-46.003(3) must b: approved by the Dcparanent based on enginm e:ring judgcn. A new (opening) grade crossing over an industrial spur tract may be considered for a delay in the insaliatior. or active grad: t crossing TIC control devices when the train movements are: two tuns per day or less, and z: if the Dcpa--ncnt determines that the characeristics of the highway tom.'TIc is conductive to require a flagman; the Deartm pent may require the crossing to be manually flagged (c.g., highway in two lan:s or lass 5,000 ADT, less than 30 mph operating sp:cd and., if train movements are at night the grade crossing must be illuminated). T-n: Dcpa=cni may gran: L^mPo2^y delay for Lr- installation of such signals at a new grade crossing µ-hcn the installation of such signals world adversely affect the scheduled installation of sigr.W improvements at those grade crossings deemed tc have a higher sat: -wide priority.fft (4) Railroad Grade Crossing Trae Control Dcviccs. The Dcpaxtrntnt's Standard Index, r -TRANSPORTATION -Y.7. -p. 4U "iZa S Grade Crossing Traffic Control Devices," is hereby incorporated by this rule and made a part of the rules of this Department- Copies after of this documcat and any amendments themto are available at no more than cost pursuant to Section I20S3(7xa). Florida Statute. Specific Authority 12053(1Xa), (b). f2)(a). 334.044(2) FS. Law Implemented 335.14](3) FS. Nistor%-.hie+. 12-10.77, Amended 1.25-79, 7.22-M. Formerly 14-46.03, Amended 12-16-d8. ANNOTATIONS Accident history Decision to admit prior accidents at railroad craving ww within sound discretion of trial judge; afro properly Admitted war evidence of remedial measures taier. by Department after prior aeeidenu but not before accident sr. question, to show jury cxJrnt and nature of Department's knowledge of crossing in order so attest negligence. Department of Transportation v. Webb, App., (1st) 409 So. 2d 1061 (1932). Court rejected Department': eontrntior, that it should have been aeelared immune from sort habiltry in railroad aeeideru eaur because installation of warning devices, establishment of adequate line of sighs for approaching motorists, and, impliedly, any maintenance of crossing which could have contributed to its dangerous condition, should have been deemed "planning" and not "operations'" activitir.; court said that analysis was unhelpful, because every operational acriviry undertaken by Departmer,: must at some point entail planning, which would cloak Department ir, absolute immunity. Id. Authority Where city appealed order issued by Department of Transportation wrier. closed two eiry streets that crossed railroad and where on cross -appeal railroad sough: review o' Departmer.: order leaving third crossing spar., court of Appeal rejected eiry's argument that Department Jacked euthoriry to close railroad crossing tnc: was witltir. eity's mace: system, user.: efry's approva! r..r found suffieien: eo .meter.: evidence to support order leaving one crossing over.. City of Plant City v. Department or Transponatior., App., (2nd) 399 Sc. 2.1 1073 (1991). Jr: genrral Where City contended tear F. S. F 33E.21 which, inter alie, authorised Departmew to require city to obtain permit before opening and closing reiiroad crossings, was un cor-sritutior:.l brcausr is was vaFuc 0,& contained inadequate guidelines in delegating reFuiarory authority; court c f Appeal neld eorsrrurional cnack was unfounded. Ctry cf belie Gee v. Florida Las: Coast Raiiway Company, App.. (4th) 34-e So. 2.4 61-3 (1977). 74-4-6.00: Regulation of Train Speed. Specific Au:�wrin334.G=4(2) FS. Low Implemented F.S. ifuto�ew 11.3•E', Formerly 14-46.04, Amended 12-Id-81. Rrpcoled S-20-97. 11/20/1997 09:43 9417631680 CITY OF OKEECHOBEE• PAGE 01 Offkw OfAw C4 Clsrlt CIE P*Wmxel All correspondences may be sent to City of Okeechobee, 55 S.E. 3rd Avenue, Okeechobee, FL 34974, 941)763-3372 (municipal offices), 941)763-1686 (fax) for the following personnel: ELECTED OFFICIALS James E. Kirk, Mayor P.O. Box 3 Okeechobee, FL 34973 941)763-7812 (home) 941)462-5020 (work) Term: Jan 7, 1997 to Jan 2, 2001 Lowry Markham, Councilmember 401 S.E. 8th Street Okeechobee, FL 34974 941)763-2343 (home) 941)763-1155 (work) Term: Jan 7, 1997 to Jan 2 2001 Dowling R. Watford, Jr., Councilmember 701 N, E. 5th Street Okeechobee, FL 34972 941)763-6246 (home) 941)763-2121 (work) Tenn: Jan 6, 1997 to Jan 5, 1999 CITY STAFF Robert Bradshaw, City Administrator Also is Department Head for General Services, Building/Zoning & Finance L. Keith Tomey, II, Fire Chief 941)763- 423 (fire dept only) Noel A. Chandler, Councilmember 1007 S.W. 6th Avenue Okeechobee, FL 34974 941)763-7284 (home) Term, Jan 3, 1995 to Jan 5, 1999 Robert Oliver, Councilmember P, O. Box 671 Okeechobee, FL 37973 941)763-2632 (home) 941)763-2151 (work) Term: Jan 3, 1995 to Jan 5, 1999 Bonnie S. Thomas, City Clerk 802 S. E, 10th Avenue Okeechobee, FL 34974 941)763-4088 (home) 941763-3372 (work) Term, Jan 1, 1979 to Jan 5, 1999 Bonnie S. Thomas, CMC Also is Personnel Administrator & City Elections Superviosr Charles Elders, Public Works Director 941)763-3926 Larry Mobley, Police Chief John R. Cook, Attorney 941)763-5521 (police dept only) 202 N.W. 5th Avenue 941)763-7804 (police fax only) Okeechobee, FL 34972 941)467-0297 Jim Weeks, Code Enforcement Officer 941)467-4798 (fax) 999-8309 (beeper - toll free in Florida) ENGINEERING STAFF SERVE ON CONTINUING CONTRACT BASIS Lawson, Nobles & Associates, Civil H.L. Bennett, Building & Zoning 561)684-6686--_._._ .... ....... _. _ .. ----__ 941)675,8882 /lg revised July 21, 1997 MATURE SAVER" FAX MEMO 01616 Dlte p;Q.► To from Cc foupc. Co. Phone ► phone ` FLOR10 DEPARTMENT OF TRANS&TATION Mail Center SPECIAL SERVICES MAILING FORM Cost Center 92g Mail Station ZS Phone Number J556-Y11Y-445SZ Sender's Name: 14. M IGtl19K4_ b6LLy�l Recipients Name: TAojNS F_ k jjtk. Phone Company Name: d ! rl DF 6 k-A6 tl 140 )$fib Street or P.O. Box 5 S S. /�, 3 rf" /9v ivu� City: 6"k 6ND13 _ State: FGi9 , zip: 3 Y97Y AIRBORNE EXPRESS WILL NOT DELIVER TO A P.O. BOX TYPE OF SERVICE REQUIRED x Certified (Return Receipt Requested) NOTE: SOME AREAS DO NOT HAVE A.M. DELIVERIES. FOR MAIL.CENTER USE ONLY CERTIFIED# AIRBORNE EXPRESS TRACKING# CHARGE TO: D.O.T. ACCOUNT RECIPIENT'S ACCOUNT # Overnight ( Next Day) Next Day (After Noon Next Day) 2nd Day Economy (Non - priority) Saturday Delivery (Cost $20.00 More Must Have Phone # and Contact Perso THIRD PARTY ACCOUNT # * JUSTIFICATION IS NEEDED FOR ALL AIRBORNE EXPRESS SHIPMENTS CHARGED TO D.O.T. FOR OVERNIGHT O SATURDAY DELIVERIES: FWRIDA LAUTON CRlLES GOVERNOR Mr. Jon Wollenzien, Public Projects Engineer CSX Transportation 500 Water Street Jacksonville, Florida 32202 Dear Mr. Wollenzien: • DEPARTMENT OF TRANSPORTATION 605 Suwannee Street Tallahassee, Piorida 32399-0450 THOPM r. RARRY Jr. SECRETARY October 31, 1997 Attached are applications for Iiighway/Railroad Grade Crossing Closures for your review and signature. The six below are selected from the list of potential closure candidates agreed to by the railroad and District One earlier this year. These are the higher priority candidates that were ranked using the Highway/Railroad Crossing Safety Index dated 06/18/97. Most of these were identified in prior years by the Diagnostic Review Teams for closure. The crossings are: Crossing No. Roadway Name RR Milepost Coun City 624167L Lemon Street A 852.05 Polk Lakeland 624299W Gay Road A 854.60 Polk Lakeland 624283A Boulevard Street AX 851.25 Polk Bartow 628063T N.E. 13th Street SX 909.45 Okeechobee Okeechobee 627597G Pear Street SX 866.91 Highlands Sebring 627573T Canfield Street SX 858.60 Highlands Avon Park If you concur, please sign and return the applications to this office. If you have any questions, please feel free to call me at 850-414-4552. Sincerely, H. Michael Dowell, P.E. Rail Corridor Programs Engineer /hmd cc: Mr. Fred Wise, Manager, Rail Office, FDOT Mrs. Anne Brewer, Administrator, FDOT Mr. Michael Dross, Rail Office, Rail Office, FDOT Mr. Tommy Brooks, District One Railroad Coordinator, FDOT ® RECYCLED PAP OL • STATE OF FLARWA DEPARTMENT OF TAANSPORTA RAILROAD GRADE CROSSING APPLICATION FORM 72.090b6 RAIL - 09M o ., _11 RAIL JOB NUMBER ROAD NAME OR NUMBER COUNTY NAME PARCEL & R/W NUMBER DOCKET NUMBER 91-97-03 N. E. 13th Ave. Okeechobee AGENCY NAME: A. IDENTIFICATION: • Submitted By: Application For: Agent Jon W. Wollenzien (X) Closing a public at -grade rail/highway Title Public Projects Eng_ crossing by: Telephone 904-359-1205 ( X ) roadway removal Address CSX Transportation ( ) Opening a public at -grade rail/highway 500 Water Street crossing by: Jacksonville. FLorida ( ) new rail line construction 32202 ( ) -new roadway construction B. CROSSING LOCATION: #628063T, Okeechobee, Florida Jurisdiction for Street or Roadway by Authority of: (X) City ( ) County ( ) State Local Popular Name of Street or Roadway: N. E. 13th Street Railroad Company: CSX Transportation Railroad Mile Post (Distance & Direction): SX 909.45 Nearest Existing Grade Crossings - Each Direction: Direction Distance FDOT/AAR Crossing Number (1) East 0.05 #628064A, N.E. 14th Avenue, M.P. 909.50 (2) West 0.75 #628062L, S.R.15, M.P. 908.70 Map (X) Attached ( ) Mailed Separate C. CROSSING SURFACE INSTALLATION: Roadway Traffic Volume (ADT): ( ) Existing 675 ( ) Proposed Type Roadway: ( ) Existing Asphalt ( ) Proposed Type Rail Line: ( ) Existing Main ( ) Proposed Number of Trains Per Day - Passenger: 4 Freight: 7 Speed of Trains - Pas: 79 Fr: 45 Cost Estimate to Install Crossing: $ Cost of Installation Charge to: ( ) Applicant ( ) Other Cost Estimate for Annual Maintenance: $ Cost of Annual Maintenance Charge to: ( ) Applicant ( ) Other • D. CROSSING SIGNAL INSTALLATION: • FORM 723-090-66 RAIL. - 09M Page 2 of 2 Type: ( X ) Flashing Lights ( ) Cantilever ( X ) Gates ( ) Other Installation Performed by: ( ) Applicant ( ) Railroad ( ) Other Cost Estimate to Install Signals: $ Cost of Installation Charge to: ( ) Applicant ( ) Other Cost Estimate for Annual Maintenance: $ Cost of Annual Maintenance Charge to: ( ) Applicant ( ) Other E. PUBLIC HEARING: Prior to the adoption of any rule or regulation for opening or closing at -grade public rail/highway crossings, if requested a public hearing will be held by a duly authorized hearing officer appointed by the Division of Administrative Hearings as pursuant to the provisions of Chapter 120, Florida Statutes, the Uniform Administrative Procedure Act. Will Applicant be Represented by Counsel at the Public Hearing? (X) Yes (Complete Following) ( ) No Attorney Name Stephen H. Shook Attorney Telephone 904-359-1808 Attorney Address CSX Transportation, 500 Water Street, J-150, Jacksonville, Florida, 32202 Describe Material to be Placed in Evidence at Public Hearing: (maps, resolutions, agreements, documents, etc.) SUBMITTED FOR THE AGENCY BY: Title - APPLICATION APPROVED FOR THE DEPARTMENT BY: Title - Rail Corridor Programs Engineer DATE: DATE: ATTACHMENTS: (List) REFERENCES: (Specific Legal Authority) 334.044 F.S., 120.57 F.S. (Law Implemented) 335.141 F.S. (Administrative Rule) 14-46.003 D.O.T. (Procedure) 725-080-050 RECYCLED PAPER® FISN 12 I '.�628057 '� " �` I NW tl I 1L. 628055• 628062> Nw T 9T T. 1 TRANS. I ~ F Z /NC. I n 628056 - - 628064 � I u I,j w I = 6 8065 ` - a _ 628063 t28066 !' 628059 rr w PA RKI ST. 2N S . I = CENTER 6 8060 A 28061 628067 J J Il j a SE 6T44 LN j y W v, f SE BTH ST. : 62806 ST \ I I s O ,4 I I J H ST 441 i SE 29 7H ST. ST ------------ ¢� W H 0 • EXHIBIT 9 JULY 17 AGENDA RESTRICTIVE COVENANT THIS INDENTURE, executed this -2-Oday of June, 2001, by and between the CITY OF OKEECHOBEE, FLORIDA, a municipal corporation existing under the laws of the state of Florida, (GRANTEE/CITY); and MARK S. TROENDLE, a married man, (GRANTOR), herein covenant and agree as follows: WI-IEREAS the Grantor is lawful owner of real property located in the City of Okeechobee, Florida, described as: A parcel of land lying in section 28 township 37 south range 35 east, more particularly described as: begin at the SE corner of the east '/2 of the SE 1/4 of the SW 1/4 of the NE 1/4 of said section 28; said point lying also on the west boundary line of Royal Oak addition, according to the plat thereof as recorded in plat book 1, page 8, public records Okeechobee county, Florida; thence bear N 01 *54'50" W along the east line of the said east '/z of the SE 1/4 of the SW 1/4 of the NE 1/4 of section 28, and along the said west boundary line of Royal Oak Addition for a distance of 430.56 feet to a point; thence bear S 58*36'00" W for a distance of 183.97 feet to a point; thence bear S 87*47'10" W parallel with the south line of said east'/z of the SE 1/4 of the SW 1/4 of the NE 1/4 of section 28 for distance of 170 feet to a point lying on the west line of said E'/2 of SE 1/4 of SW 1/4 of the NE 1/4 of section 28; thence bear S 01 5157 E along said west line, for a distance of 340.83 feet to the SW corner of the said east '/Z of the SE 1/4 of the SW 1/4 of the NE 1/4 of section 28; thence bear 1N 87*47'10" E along the said south line of the east '/z of SE 1/4 of SW 1/4 of NE 1/4 of section 28 for a distance of 330.43 feet to the POB, containing 2.70 acres more or less. PARCEL I.D. # 2-28-37-35-OA00-00014-A000 WHEREAS the Grantor's real property abuts up against a platted, but unopened, City street known as S.W. 22"d Street along its East boundary, which Grantor desires to use for ingress and egress to his property; WHEREAS the parties recognize that this unopened section of S.W. 22"d St. is adjoined on its North and South right of way by single family homes, and that said portion of the street will not be necessary for use by such adjoining landowners or the public at large; WHEREAS the typical requirements of the CITY would require that an unopened street to be paved at the expense of the developer with asphalt at CITY specifications if opened for use by a developer, and which would also be necessary for use by the public at large, which is not the situation in this instance; WHEREAS the parties desire to permit the use of this street under conditions which are binding on the Grantor, and all subsequent owners or assignees of the subject real property, and that such covenants and conditions run with the land; THEREFORE it is agreed by CITY and GRANTOR as follows; 1. All preceding clauses of declaration are incorporated into this agreement as an expression of intent of the parties. 2. That this agreement is entered into for the mutual benefits of the parties, with adequate consideration. 3. That the present owner, MARK S. TROENDLE, a married man, his successors and assigns at his expense, agrees to the following conditions for use of S.W. 22"d St. from its boundary with S.W. 3'd Avenue and running to the West to the boundary of the lands of Grantor: and the CITY agrees to refrain from requiring that said street be paved with asphalt at the present time, upon strict adherence with these conditions: a. That the street shall at all times remain an open city street for use by the public at large. b. That Grantor shall cause the culvert at the right of way of S.W. 31d Avenue to be placed according to the specifications of the City, and to pay for repairs, if any, to any sidewalk currently in place along the right of way of S.W. Yd Avenue. c. That the Grantor shall not cause any improvements to the street other than a shell base, according to the specifications of the City. d. That the Grantor shall, according to the specifications of the City, create such drainage facilities as deemed necessary to permit run-off to drain to City -maintained drainage structures, so as to not affect adjoining landowners. e. That Grantor shall regularly maintain the street and drainage facilities at a schedule and in such manner as directed by the City. 4. That the Grantor shall hold the City of Okeechobee, Florida, its officers, agents and employees, harmless from liability and from any demand, suit, injury, death or claim of every nature arising out of the use of said street in an unpaved condition, for any injury or claim of himself, or of the public at large, or Grantor's invitees, or guests, who may travel along said street, due to any claimed defective condition of such street. 5. That the Grantor shall pay to the City reasonable expenses necessary for traffic control devises that may be necessary in conjunction with the use of S.W. 22"1 St. 6. That this portion of S.W. 22"d Street shall not be hereafter be paved unless performed at all city specifications, and at the expense of Grantor. 7. That the CITY reserves the unilateral right to revoke or amend this agreement at any time upon the sole discretion of the CITY as necessary for the best interests of the CITY, upon a writing duly recorded in the official records of the clerk of the circuit court. 8. That this agreement and covenants herein shall be binding on the Grantor, his successors, assigns, subsequent grantees, and of the heirs and executors of same, all of which shall run with, and be a covenant tied to the land. AGREED this 95 day of June, 2001. MARK S. TROENDLE STATE OF FLORIDA COUNTY OF OKEECHOBEE BEFORE me, the undersigned authority, personally appeared MARK S. TROENDLE, who is personally known to me; or who ( ) offered the following identification: and who first being duly sworn states that he executed the foregoing for the purposes stated therein. +ri'• CAROLYN ARNOLD MY COMMISSION # DD 025846 a . '•= EXPIRES: May 15, 2005 %;cf,.• Bonded Thru Notary Public Underwriters NOTARY LIC My commission expires; jy� 15, a•OJ Attest: Bonnie Thomas CMC CITY OF OKEECHOBEE, FLORIDA By. Mayor 50 50 10 Z C7 CJ o. cV 3 4 5 6 32P31350120P1!1PPM)�O 1; f•P1�nl2nnMMnnpn 37�7i , nnA�TD � ', ( In "FJ7i`,n^�n^^lannpl r, 3JA'735n12MnennnPlP ------ .__— 5U -- _ 50 tt 50r- Z Lf I froo 100 3 �� — Cl ,7 i) ..n•,rnnn�lnnryn 22P771�1`wrnnI A-1, j. - 3 r, 171cnn4r•rnlnnnaq ?� I ' :.... 1 `i A) 10 1 1 � ; J "fT;Of1.�110fN1,1{)(lf 1 I) 2 3, mm aim y STREETS AND SIDEWALKS 4 13-18 intersection of a street and a railroad in the city in such a manner as to make such crossing rough or hazardous for motor tolilcles or their occupants. It shall be unlawful for any railroad company or its employees, to remove or disturb any timber, Stolle, rock, or other material from a street and railroad crossing, where such material has been placed by the city tinder and by virtue of section 18-8. (Code 1962, 1 16-6) Bee. 18-8. itepair of dangerous railroad crossings by city. If in the judgment of the city council any crossing or inter- section of a railroad and a street or highway in the city shall be a dangerous and hazardous crossing, being rough And hazardous to motor vehicles or their occupants, by virtue of their unrepaired condition, the city council may repair such crossing or crossings without giving notice to the railroad company, owner, or operator of any such rail- road, log road, or tram road; but no lien shall be assessed against Said railroad company, owner, or operator for any money expended for labor and material in the repair of such crosaing. (Code 1962, 1 16-4) Slate Iaw teferonee—Construction and repair of railroad erossinge getietallf, !'.S. Ch. 857. 9t!c. 19-9. Construction and repair of unimproved roads; drainage of city streets. All opening and construction of unimproved roads and pro- viding of drainage for any city street shall be at the expense of the developer or owner of the property needing said im- provellleAM and according to the specifications of the city as 061MAd bit the director of public works and the city's con- Aulting efiglneer. See. 18-ill-18-1$. Reserved. 699 • CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: July 11, 2001 SUBJECT: Status Report FROM: Bill L. Veach, City Administrator Below is a brief summary of past and upcoming events. DEPARTMENT SYNOPSIS ADMINISTRATION 1. Industrial Park/Sheffield Environmental - We have submitted the EDA grant. The $1.125 million Transportation Grant is in place. The $600,000 CDBG Grant awaits signatures. Two remaining obstacles to the project are: 1) Sheffield's financing and, 2) OUA complete participation in the EDA grant application. Our deadline is nearing on both issues. 2. Steve Robbins, the attorney retained to assist in the GRIT case, is going through our related documents and preparing to file necessary claims. The City's proof of claim for the bankruptcy proceeding has been prepared and will be filed by our bankruptcy attorney, Usher Brown. 1 SYNOPSIS ADMINISTRATION 3. Lawsuits - We have officially been served in the Pam Miller CONTINUED lawsuit. Through our liability insurance, we will be provided with attorney services. That attorney is Brian Walsh. Chief Davis and Patrolman Tamer have met with the attorney. I will keep you posted as this issue moves forward. Additionally, Charlene Hammer is pursuing a claim against the Police Dept. in regard to a traffic accident. Gallagher, Bassett Services represents the City in this claim. 4. Safety Program ~ The Safety Manual has been prepared and is being reviewed by PRM. When approval is received, we will be able to move forward with the implementation of a new safety program. This program should help make the City's work environment safer and will qualify us for a reduction in our insurance rates (the same way implementing a drug -free program did). 5. Adelphia Cable TV Franchise Agreement Renewal - A proposed franchise agreement is under review by the City Attorney. This will come before the Council in August. 6. Budget - Budget preparation is well underway. We plan to take proposals to the Mayor in early August with work shops scheduled for later in August. I've been asked to include estimates for renovation of the Fire Station and extensive maintenance to City Hall. 7. Garbage Billing - Staff continues to lay the legal ground work necessary to allow the Council to consider (in August) putting the billing on the tax roll. 8. We are currently requesting quotes for health insurance and our annual audit. Both will be considered by the Council in August. 2 DEPARTMENT SYNOPSIS PUBLIC WORKS 1. The Director of Public Works and the City Administrator met with our engineering consultants and an RFP containing the street project priorities of the City Council is being prepared. CODE 1. The sign violation for Lake-Okee, Inc./Pogey's Plaza has been ENFORCEMENT dismissed from the Code Enforcement Board. The matter will now be handled by the Planning and Zoning Board. 2. Marvin Brantley appeared before the Code Board on July loth and indicated that his property is in compliance and that he will continue to keep it in compliance. The Code Board decided to make a request to the City Attorney that no further action be taken in filing the foreclosure until further notice. 3. Chief Tomey is in the process of sending notices to the Southwest section of town. There are approximately 50 violations that have been sent out at this time. 4. When the Southwest section is finished Chief Tomey will begin on Northwest Section. FIRE DEPARTMENT 1. Truck 2 has a new motor installed, the seals have been replaced in the transmission. A new clutch, starter rings and pressure plate has been installed. The pump was in good shape and only needed minor repairs. 2. The final drawings have been approved on the Poly Tank for Truck 2. 3. The chasis should be leaving for Pride Enterprises no later than July 18. They will have it for 4 to 6 weeks. i1 DEPARTMENT I SYNOPSIS OUTSTANDING ISSUES - 1. Updating and modernization of City Ordinances - Code CITY ATTORNEY Book and LDR's; Telecommunications; Departments and Offices; Planning and Development; Streets and Sidewalks; Subdivision Regulations; Water and Sewer Regulations. The City Clerk has explored possibilities in this area as well, and it will come before the Council at the July meeting. 2. Grit Bankruptcy case - Legal action regarding GRIT and Bankruptcy Court is being pursued. We have obtained the services of a bankruptcy attorney. Attorney Cook is working closely with them. We have also retained an attorney to pursue the issue of lapsed reinsurance. 1. Meeting on July 24, 2001, - Board of Adjustment will note BOARD OF that the variance request to allow for the replacement of a ADJUSTMENTS billboard at 803 North Parrott Avenue, Beverly B. Martin property owner; Thomas W. Roach, applicant was withdrawn. 2. Meeting on July 24, 2001, - Board of Adjustment will hear a request for a special exception to allow for a radio station studio and sales office with satellite antenna located at 201 N.W. Park Street, Suite 102. Louis T. Cox, Jr. is the property owner. Glades Media Co (WOKC), is the applicant. 3. Meeting on July 24, 2001, - Board of Adjustment will hear a request for a special exception to allow for a car wash located at 203 South Parrott Avenue. Frieda Hamrick is the property owner, Daniel Hewitt is the applicant. 4. Meeting on July 24, 2001, ~ Board of Adjustment will hear a request for a special exception to allow for a mechanical and repair services business within business located at 1110 N.W. Park Street. Gene Fulford is the property owner. Thomas Meara is the applicant. 4 N'f✓.3LJ 3,1 `. l7F,PARTMENT $' SYNOPSIS . PLANNING BOARD 1. At the meeting for June 26, 2001 - Planning Board tabled the rezone request to change from Residential Single Family to Residential Multiple Family located at 114 S.W. 2nd Avenue and more particularly described as Lots 1, 2, 3, 4, 5, and 6, Block 15, South Okeechobee. Robert H. Cook and Gary W. Utt are the property owners. Gary W. Utt is the applicant. The petition will be heard at a special meeting on July 9, 2001 at 6:00 p.m. 2. At the meeting for June 26, 2001, - Planning Board tabled the rezone request to change from Commercial Professional Office to Light Commercial located at the 200 Block of N.W. 5' Avenue and more particularly described as Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12, Block 136, City of Okeechobee. Dr. C. Aragon, Lori Geddes, and Mark Troendle are the property owners. Mark Troendle is the applicant. The petition will be heard at a special meeting on July 9, 2001 at 6:00 p.m. 3. At the special meeting for July 9, 2001 ~ Planning Board recommended that the City Council grant the rezoning request from Residential Single Family to Residential Multiple Family located at 114 S.W. 2nd Avenue; Robert H. Cook and Gary W. Utt, property owners. Gary W. Utt is the applicant. 4. At the special meeting for July 9, 2001 - Planning Board recommended that the City Council deny the rezoning request from Commercial Professional Office to Light Commercial located within the 200 Block of N.W. 5' Avenue, based on staff's report and testimony that was heard at the public hearing. Dr. C. Aragon, Lori Geddes and Mark Troendle are the property owners. Mark Troendle is the applicant. 5 DEPARTMENT SYNOPSIS OUTSTANDING ISSUES 1. Modernize Code Enforcement Policies and Procedures (Chief Tomey & Attorney Cook) 2. Enhanced 911 (City and County Staff) Long -Term: 1. Apply for CDBG Grant for continuation of Downtown Project. The City Administrator has had preliminary discussions with DCA. We may be a year or two away from the next phase of this project. However, the Administrator has begun discussion which will hopefully lead to business/volunteer participation. Also, we are looking at the possibility of redoing another park (West end). 2. Address traffic congestion problems due to hurricane evacuations. - The City has been asked to participate in the planning of the widening of SR 70 in Okeechobee. The Police Chief, Public Works Director and Administrator recently took part in DOT discussions regarding improvements to 441 North. 3. Construction of bridge over Taylor Creek for access to City property - This is being addressed in conjunction with the Sheffield proposal. C.