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1136 #16-001-AC Blk 49 OKEEORDINANCE NO. 1136 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 49, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF 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 CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City received Abandonment of Right of Way Petition No. 16- 001 -AC from the property owners, Charles H. Paschal and Frank DeCarlo, for the closing of a certain alleyway as described in this ordinance; and WHEREAS, the Technical Review Committee for the City of Okeechobee reviewed and discussed proposed Abandonment of Right of Way Petition No. 16- 001 -AC at a duly advertised public meeting held on April 21, 2016, and recommends approval without conditions; and WHEREAS, Petition No. 16- 001 -AC was reviewed and discussed by the Planning Board for the City of Okeechobee at a duly advertised Public Hearing held on May 19, 2016, determined such petition to be consistent with the Comprehensive Plan, and recommends approval; and WHEREAS, the City Council reviewed Petition No. 16- 001 -AC and finds it to be consistent with the Comprehensive Plan, is not the sole access to any property, is in the best interest of the citizens, provides a benefit to the City of Okeechobee, and would not jeopardize the location of any utility; and WHEREAS, the granting of the Petition 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, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: The alleyway described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: THE 20 FOOT WIDE ALLEYWAY RUNNING EAST TO WEST LOCATED BETWEEN THE SOUTH BOUNDARY OF LOTS 1 TO 7 AND THE NORTH BOUNDARY LINE OF LOTS 20 TO 26 WITHIN BLOCK 49, CITY OF OKEECHOBEE SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS F01 :r.,, OKEECHOBEE COUNTY, FLORIDA. o rT :27 LD C7 ? Mk H SECTION 2: The City Clerk shall cause a certified copy of the ordinance to be recorded in theme "' = public records of Okeechobee County, Florida. m m. co co o --- p • moo m,, ti o -., T n GH n c� SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of compete "1 ?,� jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions aril '2 portions of this ordinance shall remain in full force and effect. m SECTION 5: This ordinance shall be set for Final Public Hearing the 19th day of July, 2016, shall take effect immediately upon its adoption. Ordinance No. 1136 - Page 1 of 2 m� INTRODUCED for First Reading and set for Final Public Hearing ATTEST: this 21St day of June, 2016. James E. Kirk, Mayor Lane amiotea, C C, City Clerk PASSED AND ADOPTED after Second and Final Public Heari 19th day of July, 2016. James E. Kirk, Mayor ATTEST: Lane amiotea, C City Clerk REVIEWED FOR LEGA A UFFICIENCY: ms`s John R. Cook, City Attorney Ordinance No. 1136 - Page 2 of 2 City of Okeechobee General Services Department 55 S.E. 3`d Avenue, Room 101 Okeechobee, Florida 34974 -2903 Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 Date: L Petition No. I' Fee Paid: Cry'; R,Jurisdiction: 1st Hearing: ' ;, ' " 2 'd Hearing: Publication Dates: i) ; 5/ i t '? s C (A 116 b t,, Notices Mailed: .;4112). Rezone, Special, Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): !1L Ni 15 , tt`; L.L. 1 L, ts/ 1 1. 40 r) ii), 1" L 5cd 2 Owner mailing address: 110a Nom" C' f c ,, c,c ∎i cr- /-L. 3q7 72 3 Name of applicant(s) if other than owner A c":,,, 7 t!),2,,;=t 4 Applicant mailing address: PC" .�?>t,x (c.I '} cit -<" /,,,mot ;__ f1, Zy r'i 3 . E -mail address: j c:° j AL Zoivo r De. `761ILL) TC C_ C -Wit) /i� 7iji,-- Ic . c 0,,1 5 Name of contact person (state relationship): , r, fil y L- ► -1 e C 6 7 Contact person daytime phone(s): <61..3._ L. 34- '' "-7 06 PROPERTY INFORMATION Property address /directions to property: (6 k C -, C`P Nu-) c_t �- %�TIN A4?� 8 Describe current use of property: 9 Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. ‘,%'1CAN i Source of potable water: Method of sewage disposal: 10 Approx. acreage: , a 5- Is property in a platted subdivision? 11 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: 1 12 Is a pending sale of the property subject to this application being granted? )./F. 13 Describe uses on adjoining property to the N rth: North: ?_N) < 7 V- r fNI__ (�r3iL l=+= -ii) East: ! _tvvL•=_;Tk -v. L_ ( to-1711-6°' " ic')— South: S cvt vas[c1‘; (S' r° West: 17a-,U,li:`, ks= L -isc/\l (�-i- v ? i\�('LI il N T 14 Existing zoning: i ->•L,L ,1- C.\ur. Future Land Use classification: / r 15 Have there been any prior rezoning, property? (X )No ( )Yes. If special exception, variance, or site plan approvals on the yes provide date, petition number and nature of approval. 16 Request is for: (X) Rezone ( ) Special Exception ( ) Variance 17 Parcel Identification Number: 3 - 11t — 3:-J _ 3 J 01 Lc C' co I-60 .-- c C I 0 (Rev 09/14) Page 1 of 11 Confirmation of Information Accuracy I hereby certify that the information in 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 $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Printed Name Date relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 09/14) Page 2 of 11 REQUIRED ATTACHMENTS 18 Applicant's statement of interest in property: I cx.4" ,al A -70 %'1 De 4 Non - refundable application fee: Rezoning: $850 plus $30 /acre; Special Exception: $500 plus $30 /acre; Variance: $500 19 Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: 21 Notarized letter of consent from property owner (if applicant is different from property owner) Three property surveys (one no larger than 11x17) containing: 22 a. Certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre `,' - 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in 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 $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Printed Name Date relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 09/14) Page 2 of 11 CITY OF OKEECHOBEE, FLORIDA 55 S.E. 3rd Avenue, Okeechobee, FL 34974 N2 4 3 8 0 3 (863) 763•3372 41 5- 20 RECEIVED from 1 1<\(2(•(-(1 . -11A' rvic e.s t-Le Lii (1 td4,90 thottsood kkt‘')(1-1-ei h--/ (./e//,_u5 Do ars • loo $ 1, 3 LS 91644 / CLERK tic57-p, 61 Prepared by and return to: Patricia A. Ragon Clear Title & Legal Services 200 NW 5th Street Okeechobee, FL 34972 863- 824 -6776 1111111111111111111111111111111111111111 FILE NUM 2015010666 OR BK 767 PG 1116 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 11/20/2015 10:27:52 AM AMT $20,000.00 RECORDING FEES $18.501 DEED DOC $140,00 RECORDED BY M Pinon P9s 1116 - 1117; (2 109s) [Space Above This Line For Recording Data] Quit Claim Deed This Quit Claim Deed made this 19th day of November , 2015 between Joe H. Baker, a married man and William Jason Tomilinson, a single man whose post office address is 2599 NW 16th Boulevard, Okeechobee, FL 34972, grantor, and Dennis R. Wilson and Linda M. Wilson, as joint tenants with the right of survivorship whose post office address is 1107 NW 7th Court, Okeechobee, FL 34972, grantee: (Whenever 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 corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO /l00 DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which grantor has in and to the following described land, situate, Tying and being in Okeechobee County, Florida to -wit: Lots 1 through 18, inclusive and the W 1/2 of Lot 19, Block 13, NORTHWEST ADDITION TO OKEECHOBEE, according to the Plat thereof, recorded in Plat Book 1, Page 25, Public Records of Okeechobee County, Florida. Parcel Identification Number: 3- 16- 37- 35- 0160 - 00130 -0010 Grantor Joe H. Baker warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida. This is vacant land.. To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use. benefit and profit of the said grantee forever. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTime® Book767 /Page1116 CFN #2015010666 Page 1 of 2 Signed, sealed and delivered in our presence: S�, Witness Name: 5-7-E 4 /iS 5;e i WarcQ -, Witness Name: ..5-7-z State of Florida County of Okeechobee I) Joe H. Baker J illiam Jason Tomlinson The foregoing instrument was acknowledged before me this J 1 +day of November, Tomlinson, who'are personally known or [X] have produced a driver's license as [Notary Seal] C u u (7airn Deed - Page 2 Heather Edwardson COMMISSION # FF125216 EXPIRES: Mary 21, 2018 WWW.AARONNOTARY.COM 1/‘2 (Seal) 2015 by Joe H. Baker and William Jason identification. Notary Public Printed Name: y- H'C4++1 -e1- G Qiwar- c sm-) My Commission Expires: rna 9,11 Au R DoubleTimee Book767 /Page1117 CFN #2015010666 Page 2 of 2 City of Okeechobee 55 SE 3" Avenue Okeechobee, FL 34974 Tele: 863 - 763 -3372 Fax: 863 - 763 -1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): DL/NJ/\I 1. C) k) ,Li, �. 1.L_SC,?� L 111 D ill f' ;' (,v I �.SC�{ Mailing Address: 7 Home Telephone: 11' Work: `,3(i. 3 ii y - 31 3L Cell: y,‘,1t c- Property Address: Parcel ID Number: 3 - -j c— '2-j'' _ y; _ C' /%G - CiGI 5C %' - co / Name of Applicant: ,S C12i1.. l 4" L. tl Luc_. Home Telephone: -,-5u..._ 45.4 :rylcfrWork: Cell: 4- ?,) (4.- _ 1)16:4,- The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS WHEREOF THE UNDERSIGNED DAY OF 20 . HAVE SET THEIR HAND AND SEALS THIS t Avv, ,,M9.- 1,/ "/Yv OWNER ./ WITNESS , OWNER Before me the undersigned authority personally acknowledged before me that they are the power of attorney for the purpose stated therein. / i Notary Public: It/ lU / )` _ WITNESS appeared the owner(s) named above who upon being duly sworn owner(s) of the real property described above and that they executed the Sworn and subscribed this /5 r day of ///:)/,! / 20i / /CZ- SEAL ,,,,,,,, DANA M. THOMAS `` , av P( Commission xp es: / j 7 ; :''� e`�: Notary Public - State of Florida ..ia..��.�a w. — - ri \..tLi - . „ „ ., , 42560 (Rev 09/14) My Comm. Expires Mar 31, 2020 Banded through National Notary Assn. Page 5of11 1 3 a A NW I AVENUE VENUE -_�— — —$— (IMIelTHl E - -_ racy 07'32" W 210.00 3 I .„ 5 00'05'06° E 1 05.00' to — �- - - - - -- NW t 0TH AV ENGE � -- m n mg NORTH II u 11 u 1� II u H I II I H II u 11 u 11 II A 11 u 1I. 11 A II 0 11 gaIAWLS 0) co 0) O Cr 0) N N - O O ,-. 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Wp Tp,pcpSSSU >-SS SSSHN amSSUS S N N N N H H H 2 H H o S H H H m S U` 0 H H H H H U) et et V V" r- r- w H r M H t- r- r- = H w W n- I- I- r� W 0 0 0 0 �S Z Z a> Z UW) Z Z Z Z OW W Z Z Z W Z ommmmz V> V COU zMM V OZCOId Z NZ (O 00(:)N000(OMO000N-r-v '4' 0 0 00 0 ( 0 0 0 - ' 0 0 C 0 0) 0 0 0 ,-w V- ‹C CL CL O_2 FL n- (n Ur) 0) co coax .- CC ,- OWNER NAME Y 0 z 0 W_ W Z m W a LL) LL Z < H W W> U00 V) Z� d z o 0 0 w a 2 <H2 a � 000000 ' ZU) W W H W 0 JU06z W JJJJOH 0,WoZ (= W WJ0O OOOOX`YS a E Oa SH> 000 ZaU) HHO DZa U)< Ua WoBQLL� Ell Fa- ,��)a0 ;EHW YoU01-J >rr >wa o�o�zZ _Jc)D�2 aw>zr0 COOmmmJW7 -10m WQwOWWa �W ow <WOO z Z Z Z U W Z i�> U) LL 0- 8 0 0 W J aJ Z < < <?zOczwzH W W <<-0wX - .wwzCO u.� NF'mW HOZ WOOWO,,W wYO WU) aaaaQaDx2YJ5 CCmO00 ,JOw W JHH CD C CO C 0 0 0 0 0 o w w w 0 0 2 2 2 an 1- 5�� i 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O N M t` V M m N u) M (O O O O O O (O (O ,- u) 0000' 0 c- o == 0 0 0 0 0- 0 000000000Q000000099999999 666666666666666666666666 (0 (0 (O (O (0 (0 u) — M (O (0 M (0 (O O (O M M O m O 0 0 V 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0000000000000000009090990 6666666666666666666666666 (0 (O (O O O (O c0 c0 0 (D ( 0 0 0 U) O 0( 0(0 m m 0 0 0 6660606606060006606060666 M M M M M M (h m M M M M M M m M M M M M M m m M (h m r m m m m m m r` m(( m o m O M M M M M M M M M M M M M M M M M M M M M 0 M M M Q' (0 (0 (O (0 (0 (0 (0 (0 (n (0 (0 (o (0 (O (0 (0 u) (0 (0 (O (O (0 (0 (0 (0 m M 0 M M M M c)) M M` A M M C) M M M M N. M M C) M M M --4-a3 /10-115 Salry RR C/O CSX Corporation 500 Water Street J910 Jacksonville, FL 33202 James Chamness & Nancy Treadway 1101 NW 7th Court Okeechobee, FL 34972 Eddie J. Dickens (Deceased) 1008 NW 7th Street Okeechobee, FL 34974 Shonda N. Flores 1006 NW 7th Street Okeechobee, FL 34972 Mauricio Mederos 3670 NW 18th Avenue Okeechobee, FL 34972 Stephen Moore 694 SE Degan Drive Port St. Lucie, FL 34983 Dennis & Linda Wilson 1102 NW 7th Court Okeechobee, FL 34972 Be A Man Buy Land LLC PO Box 4281 Tequesta, FL 33469 -1019 Ofelia Cruz 1604 NW 7th Avenue Okeechobee, FL 34972 Gail M. Elliott Trustee 5735 SE 30th Parkway Okeechobee, FL 34974 Fidel & Maricela Garcia 1103 NW 7th Court Okeechobee, FL 34972 Okeechobee County Administrator Robbie Chartier 304 NW 2nd Street, RM 123 Okeechobee, FL 34972 Dana Michelle Thomas 704 NW 11th Avenue Okeechobee, FL 34972 Scott & Renee Witter Trustees 4300 SW 53rd Place Trenton, FL 32693 Wiley & Sandra Lee Chaffin 702 NW 11th Avenue Okeechobee, FL 34972 Abdul M. Cumber Trust 12844 Gettysburg Circle Orlando, FL 32837 Levern & Juanita Ervin 919 NW 9th Street Okeechobee, FL 34972 Patricia Garcia 1004 NW 7th Street Okeechobee, FL 34972 Marcos & Christine Minondo 917 NW 9th Street Okeechobee, FL 34972 Steve & Patricia Weeks 1011 NW 7th Court Okeechobee, FL 34972 Randolph & Geri Yates 1105 NW 7th Court Okeechobee, FL 34972 -a3 /aof3 OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE GIS / MAPPING DEPARTMENT W.C. 'BILL" SHERMAN, PROPERTY APPRAISER 1 Drawn By: RU55 DUNCAN CFE, A6RICULTURE / MAPPER Date: 4/1/2016 Sa THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISERS OFFICE DOES NOT ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON City of Okeechobee 55 SE Third Avenue Tele: 863 -763 -3372 Ext. 218 Okeechobee, FL Fax: 863- 763 -1686 Dear Property Owner: May 4, 2016 The Planning Board will be considering Rezoning Petition No. 16 -001 -R to rezone Lots 1 to 18 & the west 1/2 of Lot 19, Block 13, Northwest Addition, from Holding to Industrial, for the proposed use of an outdoor storage lot for a towing yard. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, May 19, 2016, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnette@cityofokeechobee.com. The Planning Board will make recommendations concerning the petition to the City Council for consideration, at a final Public Hearing on July 19, 2016, 6:00 p.m. The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed/faxed. Respectfully, Patty M. Burnette General Services Coordinator City of Okeechobee 55 SE Third Avenue Tele: 863 - 763 -3372 Ext. 218 Okeechobee, FL Fax: 863 - 763 -1686 Dear Property Owner: May 4, 2016 The Planning Board will be considering Rezoning Petition No. 16 -001 -R to rezone Lots 1 to 18 & the west'/ of Lot 19, Block 13, Northwest Addition, from Holding to Industrial, for the proposed use of an outdoor storage lot for a towing yard. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, May 19, 2016, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnetteta >,cityofokeechobee.com. The Planning Board will make recommendations concerning the petition to the City Council for consideration, at a final Public Healing on July 19, 2016. 6:00 p.m. The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed/faxed. Respectfully, Patty M. Bumette General Services Coordinator 41-A3/3 013 Petition No. Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use orzoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of f -I t )f-4( 1 , ( 1(4- and the Assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this / day of ►iii !(: Signailure of Applicant Date Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this I day of known to me did not take an oath. Notary Public, State of Florida . Personally or produced as identification and Ao rr N414. Notary Public State of Florida Patty M Burnette My Commilr so f wgeg 10/02/2016 sin EE 218356 (Rev 09/14) Page 3 of 11 A ADDITIONAL INFORMATION REQUIRED FOR A REZONING Current zoning classification: i-k i v :,. . Requested zoning classification Trj.1 tit. 1 Z l "it - Describe the desired permitted use and intended nature of activities and development of the property? C Is a Special Exception necessary for your intended use? (ie) No ( ) Yes If yes, briefly describe: D Is a Variance necessary for your intended use? ('XI No ( ) Yes If yes, briefly describe: E Attach a Traffic Impact Study prepared by a professional transportation planner or transportati engineer, if the rezoning or proposed use will generate 100 or more peak hour vehicle trip ends using the trip gener 'o fat for the most similar use as contained in the Institute of Transportation Engineers most recent edition of Tri Gene at . 1IA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. n p.m. peak hour trips and level of service on all adjacent roadway links with and without the project. F Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described below. Attach additional sheets as necessary. FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70 -340, LDR page CD70:16) It is the Applicant's responsibility to convince the Planning Board /LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his /her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. 4. The proposed 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. 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. (Rev 09/14) Page 6 of 11 Findings required for rezoning or change in land development regulations (cont.) 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 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. (Rev 09/14) Page 7 of 11 Findings for Rezoning or Change in Land Development 1. The proposed change in zoning appears not to be contrary to the Comprehensive Plan requirements as it would, if noted, make the area consistent with the adjacent zonings and usages. 2. The proposed usage of an industrial parking area would be consistent with the proposed industrial zoning. The LDR's would allow for the parking and storage of vehicles and large truck parking overnight. Currently the adjacent areas utilize the surrounding areas as large truck parking as well. 3. There are no foreseeable adverse impacts on the rezoning to industrial. The industrial as stated is zoned to the east of the property and north. The proposed is adjacent to the railroad corridor as well. The buffer from the rail would also allow for the non - consistent zoning on this property. 4. The proposed industrial usage is appropriate as it is in the industrial corridor along the rail spur. The area surrounding the zoning change would also allow for a better usage in the rail road corridor. 5. There are no adverse effects of property values. In fact, it is anticipated the property and surrounding area would potentially increase the adjacent values. The living conditions with an existing truck usage and adjacent usages and related zoning appears not to have any adverse effects as well. 6. The site from the east is separated from the industrial usage by a large drainage ditch, to the north by the rail and a drainage ditch, and to the south by the roadway. The west is owned by the applicant as well. 7. The local change in zoning from the usage of traffic would be greatly reduced from the existing multifamily zoning. The traffic projected from then residential single family district would typically be 5 trips per day per unit; 100 peak hour, while it is anticipated usage is less, the peak hour generated traffic would be considerable less. Anticipated traffic is less than 15 -20 peak hour trips including employees. 8. Traffic congestion, due to the projected reduced trips would be less than the existing. The flooding and drainage concerns would also be alieved as the project area would fall under a site plan submission for development. 9. The property has not been inordinately burdened by unnecessary restrictions. CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863 - 763 -3372 Fax: 863 - 763 -1686 CERTIFICATION FOR POSTING NOTICE OF PUBLIC HEARING FOR REZONING /SPECIAL EXCEPTION/VARIANCE PETITION(S) Instructions: 1. Must be posted on the subject property. 2. Must be posted prominently. 3. Must be visible from the most traveled street adjacent to the subject property. 4. There is no specific height or size requirement, provided that the sign can be easily seen by cars or pedestrians that pass by the subject property. 5. Must be posted beginning 15 days prior to the first Public Hearing and remain posted continuously during this time. When a second Public Hearing is required before the City Council, it must remain posted until the final Public Hearing has been conducted. 6. Must be removed within 7 days after the final Public Hearing. Petition Number(s): !i Date of lst Public Hearing: Address of subject property (or Legal if no address): N !_a I,� , hereby certify that I posted the "Notice of Public Hearing" sign in accordance with the above instructions on �',4 t d' ? , and will remove sign on Signature: Date: iv/ fi STATE OF FLORIDA COUNTY OF OKEECHOBEE pp ,, The foregoing instrument was acknowledged before me this 1 hCda.O'� 20J (p by ,y, ld Al iesi w I o �. eerso ally known to me ✓or produced as identification. 'I / A ■ (signature) SEAL: P , or stamp name of Notary BOBBIE JO JENKINS Commission # FF 975408 My Commission Expires Morch 24, 2020 0 Z a w z 0 -J CO CL L L 0 w 0 I-- 0 z REZONING PETITION N0. 16 -001 -R co I- --I Z J 0 Q Q Z ~ O 0 I- Q z 0 J a' O co _ m O � N OC O Z >- Z J 0 N • w Ca O i z Q I4 w U) 0 w Cl- I— < D 0 0_ ai Q L M w CO LO LO 00 Z 0 -*-� CO w . N Q 0 U M Z Q M k J I— � w 05 z ti co M z U cO J z Z o0 w O :- - 0 cl) w w L Q 0 cn qi- I- w w CO J O O Li- Z � ai F- a) a) zI— cL cl) o Q w U w = cLa 0 C 0_ O CL C a) 0 D a) -, ,_ 0_ LL 0 O P. •■••■•■•■•., D_ SearchResults Okeechobee County Property Appraiser updated: 3/24/2016 Parcel: 3- 16- 37 -35- 0160- 00130 -0010 « Next Lower Parcel J Next Higher Parcel » Owner & Property Info 1-1 Page 1 of 3 2015 Certified Values Parcel List Generator 2015 TRIM (pdf) Owner's Name WILSON DENNIS R & WILSON LINDA Site Address NW 7TH CT, OKEECHOBEE Mailing Address 1107 NW 7TH CT OKEECHOBEE, FL 349722429 Building Value NORTHWEST ADDITION TO OKEECHOBEE (PLAT BOOK 1 Description PAGE 25) LOTS 1 THROUGH 18, INCLUSIVE AND THE WEST cnt: (0) 1/2 OF LOT 19 BLOCK 13 NOTE: This description is not to be used as the Legal Description for this parcel in any legal transaction. Land Area 2.228 ACRES S /T /R 16-37- 35 Tax Neighborhood 618611.00 District 50 DOR Use Code VACANT (000000) Market Area 40 The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863- 763 -5548 for specific zoning information. Property & Assessment Values Mkt Land Value cnt: (3) $27,451.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (0) $0.00 XFOB Value cnt: (0) $0.00 Total Appraised Value $27,451.00 Sales History Retrieve Tax Record Property Card Interactive GIS Map Print Search Result: 22 of « Prev 23 Next » GIS Aerial 130 200 390 520 050 780 •10 F0 fao 050.0 ('6 Coco 2015 Certified VMIues Just Value $27,451.00 Class Value Moo Assessed Value $27,451.00 Exempt Value Moo Total Taxable Value $27,451.00 Show Similar Sales within 1/2 mile Fill out Sales Questionnaire Sale Date Book/Page Inst. Type Sale Vlmp Sale Qual Sale RCode (Code List) Sale Price 1 http: / /www.okeechobeepa.com /GIS /D_SearchResults.asp 3/30/2016 D SearchResults Page 2 of 3 11/19/2015 767/1116 QC V U 11 $20,000.00 12/19/2013 740/675 TD V U 11 $6,500.00 2/24/2006 593/1605 PR V U 01 $0.00 10/17/2005 580/778 PB V U 03 $0.00 4/1/1982 249/982 WD V U 03 $12,000.00 7/1/1972 140/265 QC V U 03 $0.00 4/1/1972 136/238 WD V Q $12,000.00 Building Characteristics Bldg Sketch I Bldg Item I Bldg Desc I Year Blt I Base S.F. I Total S.F. I Bldg Value NONE Extra Features & Out Buildings - r Show Codes Code I Desc I Year Bit I Value I Units J Dims I Condition (% Good) NONE Land Breakdown Lnd Code Desc Units Adjustments Eff Rat Lnd Value 161CI6 CITY LT (MKT) 0000500.000 FF - (0000001.205AC) 0.25/1.00/1.00/1.00 $18.06 $9,030.00 161CI6 CITY LT (MKT) 0000250.000 FF - (0000000.602AC) 0.60/1.00/1.00/1.00 $43.34 $10,836.00 161CI6 CITY LT (MKT) 0000175.000 FF - (0000000.421AC) 0.60/1.00/1.00/1.00 $43.34 $7,585.00 Okeechobee County Property Appraiser « Prev Search Result: 22 of 23 Next » updated: 3/24/2016 HOME I Record Search I GIS Map I General Info I Exemptions I Tangible Tax I F A Q I C This information was derived from data which was compiled by the Okeechobee County Prop( Appraiser's Office solely for the governmental purpose of property assessment. This informatic not be relied upon by anyone as a determination of the ownership of property or market value. warranties, expressed or implied, are provided for the accuracy of the data herein, its use, or i interpretation. Although it is periodically updated, this information may not reflect the data cum in the Property Appraiser's office. The assessed values are NOT certified values and therefor€ subject to change before being finalized for ad valorem assessment purposes. Notice: Under Florida Law, e -mail addresses are public record. If you do not want your e-mail address response to a public- records request, do not send electronic mail to this entity. Instead contac by phone or in writing. http: / /www.okeechobeepa.com /GIS /D_SearchResults.asp 3/30/2016 Okeechobee County Property Appraiser - Map Printed on 3/30/2016 3:58:1... Page 1 of 2 W ?3 H `.T x 16v..1:0 ;i l.0, 1 1,', 'NILSO,1 I ItlE . ".1. 228 Amy 111 1c, 01 . 'I.'r, j , ,!' _ 1_I 33:33 f .A TT hi ST � 31 1 2 2 73 f't ARCEL: 3- 16- 37-35- 0160 -00130 -0010 - VACANT (000000) NORTHWEST ADDITION TO OKEECHOBEE (PLAT BOOK 1 PAGE 25) LOTS 1 THROUGH 18, INCLUSIVE AND THE WEST 1/2 OF LOT 19 BLOCK 13 Name:WILSON DENNIS R & WILSON LINDA LandVal $27,451.00 Site: NW 7TH CT, OKEECHOBEE BldgVal $0.00 Mail: 1107 NW 7TH CT ApprVal $27,451.00 OKEECHOBEE, FL 349722429 JustVal $27,451.00 Sales Assd $27,451.00 Info Exmpt $0.00 Taxable $27,451.00 http: / /www. okeechobeepa. com /GI S /Print_Map. asp ?pjboiibchhjbnligcafcefo... 3/30/2016 Patty Burnette From: Marcos Montes De Oca Sent: Wednesday, March 30, 2016 1:41 PM To: Patty Burnette Subject: RE: Question for Zoning use Patty I spoke w/ Bill it would be a storage yard no office no public access Basically parking /storage only. Jeremy is looking for industrial zoning. Marcos Montes De Oca, P.E. City Administrator City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 (863) 763 -3372 ext: 212 Cell: (863) 801 -0177 fax: (863) 763 -1686 E -Mail: mmontesdeoca @cityofokeechobee.com "NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing." From: Patty Burnette Sent: Wednesday, March 30, 2016 1:37 PM To: Marcos Montes De Oca Cc: Robin Brock Subject: FW: Question for Zoning use Marcos do you know what type of use Jeremy was looking at for this location? I want to make sure it is something that is permitted before he goes through the Land Use and Rezoning changes. The exact use was not mentioned in your email to Bill. Thanks 1 Paff j M. 6u-r e,H-e, general Services Coordinator City of O!eechohee 55 Southeast 3rd Avenue Odkeechobee, TL 34974 'T'el: 863 -763 -3372 ext.218 'Fax: 8E3- 763 -1686 e -mail yLurnette @cityofokeechobee.com website: www.cityofokeechoLee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. From: Bill Brisson [mailto:bill@larueplanning.com] Sent: Monday, March 28, 2016 2:53 PM To: Marcos Montes De Oca Cc: Patty Burnette; Gloria@larueplanning.com Subject: RE: Question for Zoning use Good afternoon Marcos. Following are my comments with regard to your questions to me. For ease of review, I have placed my comments in Segoe Print typeface immediately following each of your statements or questions. Block 13 Located SW 11th ST and NW 7th Ct., see attached pic There is a question if this area could be utilized for heavy commercial or industrial usage. Current zoning is Holding? Yes Was there an application pending on this when the maps were generated? Not that 1 a V aware of. The future appears to be RSF. Yes, the Future Lavtd Use desigvtatiovt is Sivtgle- Fawtil y Residevttial avid Zovuvtg is RSF 1 Surrounding areas along the rail appear to be industrial, I am assuming it would be a good transition? Please let me know Of course, across the RR track to the vtortln it is Ivtdustrial. However, the property to the immediate east of the subject property is the ovtl y ivtdustriall y desigvtated property 2 on the south side of the RR tracks west of NW qth Avenue. All proper-ties within the City limits and south and west of the subject property are designated Single-family or Multi-family on the FLUM and Zoning Map, and largely already developed in residential use. I think a Heavy Commercial zoning for this property would be questionable. Heavy Commercial zoning in the City has been typically concentrated along major N -S or E- W roadways, or at least within a block or two of one. This property is not provided with the type of access or local circulation pattern normally associated with heavy commercial uses. In order to designate the subject property for industrial or heavy commercial use, the property owner will need amendments to both the FLUM and the Zoning Maps. Certainly, designating this property as Industrial would not be out of the question, but the proximity to existing residential uses will likely be something that the Planning Board and City Council will consider during the amendment process. In addition, because the property abuts residential zoning districts on both the south and west sides, the w inivnum setbacks will be forty Feet along these sides of the property. I hope this is helpful. Should you have any questions or wish to discuss this Further, please contact me at your convenience. Wm. F. Brisson, AICP Sr. Planner LaRue Planning & Management Services, Inc. Direct Line: 239 - 204 -5283 General Office Phone: 239 - 334 -3366 3 From: Marcos Montes De Oca [mailto:mmontesdeoca @cityofokeechobee.com] Sent: Saturday, March 26, 2016 6:24 PM To: Bill Brisson <bill @larueplanning.com> (bill @larueplanning.com) <bill @larueplanning.com> Cc: Patty Burnette <pburnette @cityofokeechobee.com> Subject: Question for Zoning use Bill Block 13 Located SW 11th ST and NW 7th Ct., see attached pic There is a question if this area could be utilized for heavy commercial or industrial usage Current zoning is Holding? Was there an application pending on this when the maps were generated? The future appears to be RSF. Surrounding areas along the rail appear to be industrial, I am assuming it would be a good transition? Please let me know Thank you Marcos Marcos Montes De Oca, P.E. City Administrator City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 (863) 763 -3372 ext: 212 Cell: (863) 801 -0177 fax: (863) 763 -1686 E -Mail: mmontesdeoca @cityofokeechobee.com "NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing." 4 Patty Burnette From: Marcos Montes De Oca Sent: Saturday, March 26, 2016 6:24 PM To: Bill Brisson <bill @larueplanning.com> (bill @larueplanning.com) Cc: Patty Burnette Subject: Question for Zoning use Attachments: blockl3jpg Bill Block 13 iNto) %A•'- Located 9K 11th 8T and NW 7th Ct., see attached pic There is a question if this area could be utilized for heavy commercial or industrial usage Current zoning is Holding? Was there an application pending on this when the maps were generated? The future appears to be RSF. Surrounding areas along the rail appear to be industrial, I am assuming it would be a good transition? Please let me know Thank you Marcos Marcos Montes De Oca, P.E. City Administrator City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 (863) 763 -3372 ext: 212 Cell: (863) 801 -0177 fax: (863) 763 -1686 E -Mail: mmontesdeoca @cityofokeechobee.com "NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing." 1 Patty Burnette From: Bill Brisson <bill @larueplanning.com> Sent: Monday, March 28, 2016 2:53 PM To: Marcos Montes De Oca Cc: Patty Burnette; Gloria @larueplanning.com Subject: RE: Question for Zoning use Good afternoon Marcos. Following are my comments with regard to your questions to me. For ease of review, I have placed my comments in Segoe Print typeface immediately following each of your statements or questions. Block 13 Located SW 11`h57 and NW 7th Ct., see attached pic There is a question if this area could be utilized for heavy commercial or industrial usage. Current zoning is Holding? Yes Was there an application pending on this when the maps were generated? Not that I am aware of. The future appears to be RSF. Yes, tl4e Future Lavtd Use desigvtatiovt is Sivtgle - Fawtil y Residevttial Th (vid Zovtivtg is RSF 1 I\i) Surrounding areas along the rail appear to be industrial, I am assuming it would be a good transition? Please let me know of course, across tl4e RR track to tI»e vtort1 it is Ivtdustrial. However, tke property to the immediate east of tl4e subject property is the ovtly ivtdustriall y desigvtated property ovt the south side of tke RR tracks west of NW gth Avevtue. All properties witlnivt tIte City limits avid south avid west of tke subject property are desigvtated 5h/191e-family or Multi- fawtily ovt tke FLUM avid Zovtivtg Map, avid largely already developed ivt residevttial use. 1 tl4ivtk a Heavy Commercial zovtivtg for this property would be questiovtable. Heavy Commercial zovtivtg iv. the City has beevt typically covtcevttrated alovtg major N -S or E- W roadways, or at least withivt a block or two of ovte. This property is vtot provided witk the type of access or local circulatiovt pattervt vtorwtally associated with keavy commercial uses. Ivt order to desigvtate tke subject property for ivtdustrial or keavy commercial use, tke property owvter will vteed avvtevtdvvtevtts to both the FLUM avtd tke Zovtivtg Maps. Certaivtly, desigvtativtg this property as Ivtdustrial would vtot be out of tl'te questiovt, but the proxivvtity to existing residential uses will likely be something that the Planning Board and City Council will consider during the amendment process. in addition because the property abuts residential zoning districts on both the south and west sides, the minimum setbacks will be forty feet along these sides of the property. I hope this is helpful. Should you have any questions or wish to discuss this further, please contact me at your convenience. f3 ilti Wm. F. Brisson, AICP Sr. Planner LaRue Planning & Management Services, Inc. Direct Line: 239 - 204 -5283 General Office Phone: 239 - 334 -3366 From: Marcos Montes De Oca [mailto:mmontesdeoca @cityofokeechobee.com] Sent: Saturday, March 26, 2016 6:24 PM To: Bill Brisson <bill @larueplanning.com> (bill(Wlarueplanning.com) <bill @larueplanning.com> Cc: Patty Burnette <pburnette @cityofokeechobee.com> Subject: Question for Zoning use Bill - Block 13 Located SW 11th ST and NW 7th Ct., see attached pic There is a question if this area could be utilized for heavy commercial or industrial usage Current zoning is Holding? Was there an application pending on this when the maps were generated? The future appears to be RSF. Surrounding areas along the rail appear to be industrial, I am assuming it would be a good transition? Please let me know Thank you Marcos 2 5- W E 51 68 69 70 I 71 77 1 I 75, .1, 74 2 1 wK,V , at:7j 9 3 4 5 24 7 10 25 1 , •7 77 Nov 17 33 5, City of Okeechobee Zoning Map 89 99 100 101 96 95 94 93 9q 2 1 4 3 6 7 9 8 2 1 2 1 214 5 6 3 4 ,„ .. 55: 54 153 • 79 80 81 j 8. E 3 2 1 3 C 52 82 85 84 114 115 130 I ...... Si 6 11111111111111111 111111111111111 11•1111111111111 Int goo lop. 18 1 EDO IMO 249 233 234 235 235 236 237 a • 11 242 241 240 2.39 .:1 243 244 245 247 246 y 11 12 13 14 19 248 7 —20 2 A AB monunvi rdiumemmink aullpinnummuo =minimum= 1 4 1 A 2 B 4 8 42 41 ' 2 1 5 6 7 8 12 11 10 9 13 14 15 16 A 18 17 22 21 23 9 ... A ri.j; ILD D TO I 1 -5 12 J 14 13 Q 16 15 ZONING • E I 1 Imp marl.. Palce111601511. Orarnlarte nem.. ClAdCtaerlulme FL CerCialctmael* ZommAanoistrior anta Mara. 42 29. 43 44 28 46 45 31 38 39 30 24 1 47 , 48 IP 4 5 6 9 8 7 10 11 12 0.125 005 05 075 General Nobs: Alleys shown hereon are 15 or 20 feet in wicAld Sae appropriate solodivPion plat for specific atay urionus. T55 map has teen compiled from 6, most current data available The City of Okeechobee is not responsible Mr any errors of ommaions contained herein. Okeechobee, FL Code of Ordinances Page 1 of 1 Sec. 90 -454. - Outdoor storage uses in nonresidential districts. Outdoor storage uses permitted in nonresidential districts, comprising goods and materials, shall be screened from adjacent residential zoning districts by a fence or landscaping at least five feet high. Goods and materials shall not be stored in required yards. (LDR 1998, § 613) about:blank 4/1/2016 Okeechobee, FL Code of Ordinances Page 1 of 1 Sec. 90 -73. - Interpretation of zoning district boundaries. Interpretations of zoning district boundaries on the zoning map shall be made as follows: (1) Boundaries following a street shall be construed as following the street centerline. (2) Boundaries following a property or section line shall be construed as following such line. (3) Boundaries following a natural feature shall be construed as following such feature. (LDR 1998, § 303) about:blank 4/1/2016 Okeechobee, FL Code of Ordinances Page 1 of 5 DIVISION 10. - INDUSTRIAL (IND) DISTRICT[6] Footnotes: --- (6) --- Cross reference— Businesses, ch. 14. Sec. 90 -341. - Generally. (a) Industrial (IND) zoning districts shall be permitted only on land designated as future land use category industrial in the comprehensive plan. (b) Uses in industrial (IND) zoning districts shall be subject to the regulations of this division. (LDR 1998, § 400) Sec. 90 -342. - Permitted uses. The following principal uses and structures are permitted in the IND district: (1) Business office. (2) Business school. (3) Retail service, retail store including outdoor display of merchandise. (4) Research laboratory. (5) Manufacturing, processing, except those which produce explosives. (6) Mechanical and repair services. (7) Bulk storage of nonhazardous material. (8) Off -site sign. (9) Outdoor sales and storage, building contractor. (10) Wholesale sales and distribution. (11) Enclosed warehouse and storage. (12) Commercial laundry, dry cleaner. (13) Printing. (14) Auto service station, car wash. (15) Drive - through service. (16) Parking garage, parking lot. (17) Radio, television or cable reception, transmission or operational facilities. (18) Veterinary service. (19) Railroad facilities. (20) Public utility. (21) Public facility. (22) Storefront church located in a unit in a multi -use building or shopping center. (23) Cafe. (24) Barbershop, beauty shop. (25) Dry cleaner /laundry. (26) Nail care. (27) Shoe repair. about:blank 4/1/2016 Okeechobee, FL Code of Ordinances Page 2 of 5 (28) Tailor. (29) Limited agriculture of a commercial nature on properties on which there is an active agricultural exemption, which was granted by the Okeechobee Property Appraiser not later than September 19, 2013. (LDR 1998, § 401; Ord. No. 1070, § 2, 1 -18 -2011; Ord. No. 1079, § 8, 1 -17 -2012; Ord. No. 1108, § 5, 3 -18- 2014) Sec. 90 -343. - Special exception uses. The following uses and structures are permitted in the IND district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (1) Manufacturing chemical or leather products. (2) Bulk storage of hazardous material and flammable liquid. (3) Salvage yard. (4) Other industrial uses not listed. (5) Reserved. (6) Crematory. (7) Fortuneteller. (8) Permitted uses in excess of 45 feet in height. (9) Outdoor vehicle sales lot. (10) Adult entertainment: a. Notwithstanding any other provision of this Code, adult entertainment establishments subject to article V, chapter 14 of subpart A of this Code may not be permitted in any area of the city except as permitted within the industrial district within the provisions and conditions of this Code. b. Distance minimums. In addition to subsection (10)a of this section, an adult establishment shall not be permitted to open, operate, or be enlarged so as to come within the following distances: 1. One thousand feet of a permitted, preexisting adult entertainment establishment; 2. One thousand feet of a preexisting commercial establishment that in any manner sells or dispenses alcoholic beverages for on- premises or off - premises consumption; 3. One thousand feet of a preexisting religious institution; 4. One thousand feet of a preexisting educational institution, or library; 5. Five hundred feet of an area zoned for residential uses; 6. One thousand feet of a park, whether improved or not; 7. Two hundred feet of a preexisting government facility, and any halfway house. (11) Rehabilitation or half -way homes. a. That as provided in Ordinance No. 967, and included in section 38 -43, rehabilitation facilities or half -way homes for treatment and rehabilitation of sexual offenders shall be a special exception use in industrial zoning categories, subject to the following restrictions. b. That any such facility shall be subject to all state laws pertinent to such facilities under the Laws of Florida. about:blank 4/1/2016 Okeechobee, FL Code of Ordinances Page 3 of 5 c. That such facility shall at no time house in excess of six sexual offenders, excluding employees and staff of the facility. d. That such facility shall be licensed by the State of Florida and be staffed by professional and licensed mental health care providers, and provide an organized course of treatment and rehabilitation recognized by the State of Florida and the standard of care recognized by the professions of psychology or psychiatry. e. That such facility shall not be located within 1,000 feet of school, public or private; a child care facility, church, public park, adult entertainment facility or a zoning district of RSF -1; RSF -2; RMF. f. That sexual offender is defined as any person convicted under the laws of the State of Florida or similar statutes of any other state, country or province, for an offense recognized as a sexual offense, regardless of degree of offense or whether adjudication of guilt was withheld by the court. (12) Nursing homes. (LDR 1998, § 402; Ord. No. 743, § 1(11 -80), 3 -21 -2000; Ord. No. 976, § 1, 2 -20 -2007; Ord. No. 1067, § 3, 9 -14 -2010; Ord. No. 1079, § 8, 1 -17 -2012) Sec. 90 -344. - Customary accessory uses. Each permitted principal use and special exception use in the IND district is also permitted to have the customary accessory uses for that use. (LDR 1998, § 403) Sec. 90 -345. - Lot and structure requirements. Except where further restricted by these regulations for a particular use, the minimum lot and structure requirements in the IND district shall be as follows: (1) (2) Minimum lot area. All uses: Minimum yard requirements. Area Width As needed to comply with requirements set out in this division None about:blank 4/1/2016 Okeechobee, FL Code of Ordinances Page 4 of 5 Except where a greater distance is required by these regulations for a particular use, the minimum yard setbacks shall be as follows: All uses: Front Side Rear (3) ( Maximum lot coverage by all buildings. All uses: (4) Maximum height of structures. Maximum Coverage 50 percent 25 feet 15 feet; 40 feet abutting residential zoning district 20 feet; 40 feet abutting residential zoning district Maximum Impervious Surface 85 percent (a) Except where further restricted or enacted by these regulations for a particular use, the maximum height shall be as follows: All uses shall be 45 feet, for any structure in which workers are employed and occupy, or a structure not occupied but which is in the nature of a silo, spire, storage elevator, towers and similar structures, except telecommunication towers governed by [section] 90 -601 of land development regulations; about:blank 4/1/2016 Okeechobee, FL Code of Ordinances Page 5 of 5 For all structures exceeding this height regardless of whether workers are employed therein, and including any structure which may be erected at a location that would adversely affect the navigational requirements and air space surrounding the Okeechobee County airport regardless of its height, such structures shall be permitted only by special exception. (LDR 1998, § 404; Ord. No. 898, § 1, 7 -19 -2005) Sec. 90 -346. - Additional regulations. Additional regulations which shall apply to all uses in the IND district include, but are not limited to: (1) Concurrency regulations. (2) Parking and loading regulations. (3) Landscaping regulations. (4) Sign regulations. (5) Accessory use regulations. (6) Supplementary use regulations. (7) Environmental and stormwater regulations. (8) Utilities regulations. (LDR 1998, § 405) Secs. 90- 347 -90 -370. - Reserved. about:blank 4/1/2016 Okeechobee, FL Code of Ordinances Page 1 of 1 Sec. 90 -447. - Yards on corner lots. Any yard adjoining a street shall be considered a front yard. One front is required to comply with the minimum depth requirements of the regulations of this article, the second front yard shall be not less than 75 percent of the required minimum depth. (LDR 1998, § 606) about:blank 4/1 `2016 kliDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three tines a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a j��(,{1 44-4- 6 /C40, in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 76 D-o 6 Afiiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. /( CJL2vv Sworn to and ubscribed be re me this day of Katrina Elsken o /(0 Notary Public, State of Florida at Large 1(C1 J AD 0Y "• % • - ANGIE BRIDGES r. r. MY COMMISSION # FF 976149 ^1ia EXPIRES :Aprl!20,2020 Bolded Ttuu Notary Pubrtc underwi Cara .14;8; ••e�i�,Op. Okeechobee 107 SW 17th St Okeechobee, F 863 -76_ it./e0-00/-2 File eVy f� uite p1 4. .i JUL 11 2015 NOTICE OF ZONING CHANGE PROPOSED CITY ORDINANCE NOTICE IS HEREBY GIVEN that the City Coundl of the Oty of Okeecho- bee, will conduct a Public Hearing on Toes, lut.19, 2016, at 6 PM, or as soon thereafter possible, at City Hall, 55 SE 3rd Ave Okeechobee, FL, to consider final reading for adoption of the following Ordinance Into law: No. 1135: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEE- CHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PAR- TICULARLY DESCRIBED HEREIN, FROM HOLDING TO INDUSTRIAL ZONING DISTRICT (PETITION NO. 16- 001 -R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT PRO- VIDING FOR SEVERABILiTY; PROVIDING FOR AN EFFECTIVE DATE. The Ordinance is regarding Rezoning Petition No. 16- 001 -R, submitted by Jeremy LaRue, authorized representative of property owners, Dennis and Linda Wilson, located at 500 NW 9th Street, and Is approximately 2.25 acres. The Ld LOTS 11D change is 8 & allow WEST ONE-HALF OF L.OTT 19, OF BLOCK (n yard. LEGAL: L07S 1 13, NORTHWEST ADDITION, PLAT BOOK 1, PAGE 25, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FL All members of the public are encouraged to attend and partidpate In said Hearing. The proposed ordinance may be inspected In its entirety by mem- bers of the public at the Office of the City Berk during normal business hours, Mon -Fri, 8:00 AM -4:30 PM, except for holidays. ANY PERSON DECIDING TO APPEAL any decision made by the Oty Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding Is made and the record includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans wtth DisabilitiesADA), any person with a disability as defined by the ADA, that needs spedai accommodation to par - tictpate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863 - 763 -3372. BE ADVISED that should you intend to show any document, picture, video or items to the Coundl in support or opposition to any Item on the agenda, a copy of the document, picture, video, or Item MUST be provided CO the Oty Clerk for the City's records. By: Oty 10N t Lane Gamiotea, CMC Classified Proof Client 161381 - CITY OF OKEECHOBEE Address 55 SE 3RD AVE, Attn: Bobbie Jenkins OKEECHOBEE, FL, 34974 Order# Classification Start Date End Date Run Dates 8 Publication(s) newszap.com - Florida, Okeechobee News 476781 5005 - Public Notice 07/08/2016 07/14/2016 Sales Rep 4205 - Janet Levy Phone E -Mail Fax (863) 763 -3372 Ext: 0000 bjenki ns @c ityofokeechobee.com (863) 763 -1686 Ext: 0000 Requested By PO # 4075 Created By JLEVY Creation Date 07/04/2016, 08:34:16 am Dimensions 2.4067 " X 3.5667 " Phone E -Mail Fax (302) 741 -8297 jlevy cDnewszap.com (302) 741 -8215 NOTICE OF ZONING CHANGE PROPOSED QTY ORDINANCE NOTICE IS HEREBY GIVEN that the Oty Counod of the at of Okeecho- bee, Add cordixt a Public Hearing on Tues, Jut. 19, 2016, at 6 PM, or as soon thereafter possible, at Oty Hall, 55 SE 316 Ave, Okeedwbee, FL, to corside- final rearing for adoppon of the foliow,rg i rcinance into law No. 1135: AN ORDINANCE OF 11-E CITY OF OKEECIiOBEE FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEE- CHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PAR- TICULARLY DESCRIBED HEREIN, FROM FOLDING TO INDUSTRIAL ZONING DISTRICT (Pt 11110N NO. 16-001 -R); AMENDING THE ZONING MAP ACCOPDINGLY; PROVIDING FOR CONFLICT; PRO - VIDING FOR SEVERABIL11Y; PROVIDING FOR AN EFFECTIVE DATE. The Ordnance is regarding Rezoning Petition No. 16-001 -R, submitted by Remy LaRue, authorized representative of property eons , Dennis and Linda WLson, �llo change located at NW 9th Street, and is approximately 2.25 aces. The proposed tow- ing yard LEGAL: LOTS 1 TO 18 & lNEST ONE WYF OF LOT 19,t OF 131230< 13, NORTHWEST ADDITION, PLAT 800K 1, PAGE 25, PUBLIC RECORDS OF OKEOi08FE COUNTY, FL. AJI members of the public are encouaro3 to attend and participate in said Hearing. The opposed ordnance rrey inspected in rts entirety by mem- bers of the public at to Office of titre aty Clerk during normal business hors, PUr1Fri, 8:00 314-4:30 PM, except for holidays. ANY PERSON DECIDING TO APPEAL any decision made by the City Couidl watt respell to any -ratter considered at ths meeting will need to ensue a verbatim record of the proceeding is rrec and the record irc3udirs the testimony and evidence won which the appeal will to based. In accor- dance with the Americans with Disabilities Act (ADA), arty person with a dsabdity as defined by the ADA, that needs special accommodation to par- ticipate in ths proceecirg, contact the Oty Cerk's Office ro later than two business days prior to proceeding, 863-763-3372. BE ADVISED tat shald you intend to show any document ochre, video or items to the Council in wprort or opposition to any item on the agenda, a copy of the document Ochre, video, or tem MUST be poeded to the Oty Deck for the Gty's records. By: Oty Clerk Lanz Gamiotea, CNC 476781 ON 7/8/2016 Order Price Tax 1 Tax 2 Total Net Payment $94.50 $0.00 $0.00 $94.50 $0.00 Proofed by Janet Levy, 07/04/2016 08:34:43 an Page: 1 INDEPENDENT NEWSMEDIA INC. USA l k�� Okeecho ewsRFCE ER 107 SW 17t 5reetittSAiite D Okeechobee Iorida4917$ 2 016 863 -7 1-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a 4,` AL. / (/L Qj in the matter of Vt2.20.44,-51. in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of ( + it [moo ( l0 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and /1 scribed be day of re me this i7\ Notary Public, State of Florida at Large 1 idV ANGIE BRIDGES f • tic • MY COMMISSION # FF 976149 IXPIRES:Apol20,2020 '..r, e410' Bonded lhru Notary Public Underwriters Katrina Elsken 0/ AD PUBLIC NOTICE CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION NOTICE IS HEREBY.GIVEN that a QUASI- JUDICULL PUBLIC HEAR- ING will be held before the Oty of Okeechobee Planning Board on Thur. May 19, 2016, 6 PM, br as soon thereafter as oosstble, at Oty Hall 55 S� 3rd Avenue, Council Chambers, Rm 200, Okeechobee, FL, to consider and receive Input on Rezoning Petition No. 16- 001 -R, submitted by Mr. Jeremy LaRue, on behalf of the property owners, Dennis and Linda Wilson. Petition No. 16-001 -11 requests to rezone vacant property looted at 1000 Northwest 7th Court, from Holding (H) to Industrial (IND). The proposed use B an outdoor storage lot for a towing yard. Legal: Lots 1 through 18 inclusive and the West 'h of Lot 19, Block 13, NORTHWEST ADDI%ION TO OKEECHOBEE, according to the Plat thereof, recorded In Plat Book 1, Page 25 Public Records of Okeechobee County, Florida and is approximately 2.25 acres The petition may be inspected at the address above during regular business hours, Mon -Fri, 8 AM -4:30 PM, except for holidays. The public is encour- aged to attend. A Public Hearing for a rezoning petition is handled as a "Quasi Judidal° pro- ceeding, meaning the Planning Board is functioning in a manner similar to a court, hearing testimony and questioning presenters who provide substan- tial and competent evidence. It Is the duty of the Planning Board to arrive at sound dedslons. The recommendation will be forwarded to the City Council, tentatively scheduled on June 21, 2016 (First Reading) and final adoption Public Hearing on July 19, 2016, 6 P14. ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board with respect to any matter considered at this meeting will need to en- sure a verbatim record of the proceeding Is made and the record indudes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to par- tidpate In this proceeding, contact the General Services Office no later than two business days prior to proceeding, 863-763 -3372. BE ADVISED that should you intend to show any document, picture, video or items to the Planning Board In support or opposition to any item on the agenda, a copy of the document, picture video, or item must be provided to the Board Secretary for the City's records. BY: Zoning Administrator Marcos Montes De Oca, Petition No. 16 -001 -R 475873 ON 5/1,11/2016 Classified Proof Client Address 161381 - CITY OF OKEECHOBEE 55 SE 3RD AVE, Attn: Melisa OKEECHOBEE, FL, 34974 Order# 475873 Classification 5005 - Public Notice Start Date 05/01/2016 End Date 05/11/2016 Run Dates 10 Publication(s) newszap.com - Florida, Okeechobee News Sales Rep 4205 - Janet Levy Phone E -Mail Fax (863) 763 -3372 Ext: 0000 mjahner @cityofokeechobee.com (863) 763 -1686 Ext: 0000 Requested By PO # 4075 Created By JLEVY Creation Date 04/27/2016, 08:53:46 am Dimensions 2.4067 " X 3.6733 " Phone E -Mail Fax (302) 741 -8297 jlevy@newszap.com (302) 741 -8215 PUBLIC NOTICE CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION NOTICE IS FEREBY GIVEN that a QUASI- MIICIAL PUBLIC HEAR- ING will be held before the Oty of Okeedhobee Flaming Board m Thur. May 19, 2016, 6 PIA or as soon thereafter aspr� de, at Oty Hall 55 Thur., 3rd Avenue, Council Mambos, Rm 200, Ckeafrobee, R, b consider and receive trout on Rezoning Petition No. 16-001 -R, submitted by Ft. Jeremy LaRue, on behalf of tte property onners, Denis and Lod Nilson. Putition No. 16 -001 -R requests to rezone vacant property load at 1000 Northwest 7th Cart, from Holdrg (H) to Industrial (IND). The proposed use is an outdoor storage lot for a lowing yard Legal: Lots 1 through 18, inclusive sive and the West hh of Lot 19, Blodc 13, NORTHWEST ADDITION TO OKEECHOBEE, according to the Plat thereof, recorded in Plat Book 1, Page 25 Public Records of Okeechobee County, Florida and is approhamately 2.25 acres. The petition may be inspected at the adtess above during rvilar banns Thous, Mon -Fri, 8 AM-4:30 PM except for holidays. The p.bic f; encour- aged to attend. A PINK Hearing for a remring petition is harried as a'Quasi-Judidal" pro- ceeding, meaning the Flaring Board is furcborirg in a miner sirnlar to a court, hearing testimony and questioning presenters who provide substan- tial and con c.<la t enderce. It is the d1v of the panning Board to arrive at sound dedsorhs. The recommendation well be forverdal to tte City Council, tentatively sdndrled on hoe 21, 2016 (Rrst Reach-g) and final adoption Pudic 14331ing on July 19, 2016, 6 FM ANY PERSON DECIDING 113 APPEAL any decision nude by the Planting Board with respect to any matter considered at this meeting will need to en- sure a verbatim record of the proceedrg Is made and the record Includes the testimory and eiiderce upon vtidh the appeal will be based In aomr- danm with the Americans with E satifbes Pd (AL14), any person with a dsabiity as defined by the AAA, that needs speoral a¢ormodation to parr tidpete in this promedna contact the General Swims Office no lam tarn two bushes days prior to pro eedng, 863-763 -3372 BE ADVISED that should you int rhd to show any document, little, video or items to the Naming Board in support or opposition to any item on the agenda a copy of the docent, picture, video, or item n be provided to the B m Board Seaetaty for the Otys records. BY: Zoring Adrhinistrator Marcos Nbrtes De CYa, Petition No. 16-001 -R 475873 ON 5/1,11/2016 Order Price Tax 1 Tax 2 Total Net Payment $214.65 $0.00 $0.00 $214.65 $0.00 Proofed by Janet Levy, 04/27/2016 08:58:59 am Page: 1 c) City Attorney to read proposed Ordinance No. 1136 by title only. 0' o O v C 0 M j o 0 0 m n o 3o 0 _ co 3 O SOU m (D = m m o ° ET cD a a7 0 - CD D 7- 00 0 ( 5« p ° ur 0 ° a • co ° r to o O •‹ °: = `) v v X m = v o cD cr = o na co_ N O -a W N 0 O Cr O p`< co 0 D m o 0 �- 0 CO a - o o ?. CD (0 2 n 0 5' -n 0 (0 .uogow uo aloA (3 -O N C O W r _ Cr) Q m 0 0 I. 37 0 z G7 o 3 m o s' = z n 9 z n m °: O 0 N__ O 0 0 0 O co 0 0 0 m _ c, CD 0 0 D G7 m C3 mz�am�o m)mmm3 (D °y(,z =� CO O O o C 0 ° O - r- b0om-,0 30 r- °n =r-•c)08 r = m6 -G m ZOO a a m > o ° 30 30 n om°-� ao z0C)n n C) < 1 0 5. 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T 0 O c as Z m o z Q � . a6' ° W CI in - O W ° c cYi = to Q z a�i m 0 o a - Q (n `- CO 'O z 0 $ N O rn 0 CL c o) 0 ce °' o o .._ "a -O cc o m e- .° CD 0 ° � = a) i .- (, o 03 o o 5 z c o_ m„ c O < N p a) W O a) pp O 0 =: O o > 0 _ m c1-74-1 lZ Q c) City Attorney to read proposed Ordinance No. 1135 by title only. co ui c 0 0 z cn a) ° O (-) C N ca c -a ii c ° O cn CL = ° a E a) o 0 0 C O O O ° CL (p •fl N ORDINANCE NO. 1135 Exhibit 1 July 19, 2016 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING TO INDUSTRIAL ZONING DISTRICT (PETITION NO. 16- 001 -R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Jeremy LaRue, Authorized Representative for Dennis Ray Wilson and Linda May Wilson, property owners, has heretofore filed Petition No. 16- 001 -R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 2.25 acres from Holding (H) to Industrial (IND) Zoning District, and that this request be removed from the boundaries of the above mentioned zoning district to allow for the processing of the rezoning petition; and WHEREAS, said petition was reviewed by the City's Planning Consultant who determined, based on initial findings and review provided by the applicant, that such petition is consistent with the Comprehensive Plan; and WHEREAS, said petition being reviewed by the City's Planning Board at a duly advertised Public Hearing held on May 19, 2016, determined that such petition is consistent with the Comprehensive Plan; and WHEREAS, the City Council agreed with the recommendation of the Planning Board and hereby finds such rezoning petition to be 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, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: LEGAL DESCRIPTION. The following described land consisting of approximately 2.25 acres, as the subject property, located in the City of Okeechobee, to -wit: LOTS 1 THROUGH 18, INCLUSIVE AND WEST ONE -HALF OF LOT 19, OF BLOCK 13, NORTHWEST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 25, 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 to be changed from Holding (H) to Industrial (IND). SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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. Ordinance No. 1135 Page 1 of 2 SECTION 5: EFFECTIVE DATE. This Ordinance shall become effective thirty -one (31) days after its adoption if the associated Comprehensive Plan Amendment (No. 16 -001 -SSA) is adopted and not timely challenged. If the Comprehensive Plan is timely challenged, this ordinance shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining the Comprehensive Plan Amendment to be in compliance. INTRODUCED for First Reading and set for Final Public Hearing on this 215` day of June, 2016. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 19th day of July, 2016. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1135 Page 2 of 2 James E. Kirk, Mayor City of Okeechobee General Services Department 55 S.E. 3`d Avenue, Room 101 Okeechobee, Florida 34974 -2903 Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 Date: 4-) -1(i, Petition No. 1(0 - ()VI- r\. Fee Paid: C(i .j 000 lit jurisdiction: pc -ec. 1st Hearing: too ich� ga 2nd Hearing: , i_ `� / '� 9 1 �' l9 �� . Publication Dates: ("--,1 ?� "��) Notices Mailed: 51'1 / I en ezone, pecral,Exceptron.and Varlanc'e :AFPLIC' Mil FO.RMATION.____.� t.. _.�_.. _ .....:: . ......_. _....... _ ` ......v =: 1 Name of property owner(s): DL i j S it, p ' Lc L -)Af t LIAD A / fl ' /LJ1L$0/A/ 2 Owner mailing address: no a. NIA) '7 -1-1' Cs oy,ectiahcr Fl- 34-111,2 3, Name of applicant(s) if other than owner ,,\ EP Em y 4h2vc; 4 Applicant mailing address: PO evx 1 q 1 Qk'eechc ,ee F` ?q 9'7 e E -mail address: i 07-iii- i, OA -9Sli7C SOW TCE[) ijo7MA ri . Co/r/ 5 Name of contact person (state relationship): jakz,411 Jake; V L., ().0C 6 Contact person daytime phone(s): '3(,3._ (p3k1., t) 08 7 PROPERTY 7:00m441-:, N o firAe f- Q F N `t / Q A L OrEECl/OEEc Ti_ 3q5 `7a Property address /directions to property. 11 Nw ‘-"1 rt ‘C.-i- 8 Describe current use of property: NON e 00;t A V. . L1D 9 Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. V A CA N 1 Source of potable water: Method of sewage disposal: 10 Approx. acreage: , a 5- Is property in a platted subdivision? 11 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: NO 12 Is a pending sale of the property subject to this application being granted? )- S 13 Describe uses on adjoining property to the NOh: North: -? r�VSTV_=PTL �P i A►� East: ! �v� TR' Pct ��TC \NHCzJb South: S-sc'E u"IEE" lS 1= H) West: - DEr-01 5 W- LScy' ( < p,Wuzc i r'l T Existing zoning: 14vt<7- - ►- Future Land Use classification: . F 14 15 Have there been any prior rezoning, property? ( X )No ( )Yes. special exception, variance, or site plan approvals on the If yes provide date, petition number and nature of approval. 16 Request is for: (<) Rezone ( ) Special Exception ( ) Variance 17 Parcel Identification Number: 3-1u.4,- 3-) _3 S Di Leo _ 00 13() - 00/ 0 (Rev 09/14) Page 1 of 11 Confirmation of Information Accuracy I hereby certify that the information in 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 $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Si: nature I Printed Name Date tly ILA/ A ,kN-ri-6\ L04_06 oq lot boi(e 'or g4stio relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 09/14) Page 2 of 11 REQUIRED ATTACHMENTS 18 Applicant's statement of interest in property: 1 A'--- /OL' 'i< 1 ' 2- Non - refundable application fee: Rezoning: $850 plus $30 /acre; Special Exception: $500 plus $30 /acre; Variance: $500 19 Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: 21 Notarized letter of consent from property owner (if applicant is different from property owner) Three property surveys (one no larger than 11x17) containing: 22 a. Certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre `1-1" 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) '24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in 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 $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Si: nature I Printed Name Date tly ILA/ A ,kN-ri-6\ L04_06 oq lot boi(e 'or g4stio relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 09/14) Page 2 of 11 A ADDITIONAL INFQRMATIQN.. QUIRE__ _FOR A REZONING _ . '_ >, Current zoning classification: 140 i) :,« Requested zoning classification –1)..1 .DOS l (L.i ri (- B— Describe the desired permitted use and intended nature of activities and development of the property? -- ic ■---5 YilV__-■ C Is a Special Exception necessary for your intended use? (le) No ( ) Yes If yes, briefly describe: D Is a Variance necessary for your intended use? ( XI No ( ) Yes If yes, briefly describe: E Attach a Traffic Impact Study prepared by a professional transportation planner or transportati engineer, if the rezoning or proposed use will generate 100 or more peak hour vehicle trip ends using the trip gener 'o for the most similar use as contained in the Institute of Transportation Engineers most recent edition of Tri Gene at I e IA must identify the in number of net new external trips, pass -bay calculations, intemal capture calculations, a.m. n p.m. peak hour trips and level of service on all adjacent roadway links with and without the project. F Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described below. Attach additional sheets as necessary. FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70 -340, LDR page CD70:16) It is the Applicant's responsibility to convince the Planning Board /LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his /her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. 4. The proposed 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. 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. (Rev 09/14) Page 6 of 11 Findings required for rezoning or change in land development regulations (cont.) 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 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in Tight of the above criteria and offer a recommendation for approval or denial. (Rev 09/14) Page 7 of 11 Findings for Rezoning or Change in Land Development 1. The proposed change in zoning appears not to be contrary to the Comprehensive Plan requirements as it would, if noted, make the area consistent with the adjacent zonings and usages. 2. The proposed usage of an industrial parking area would be consistent with the proposed industrial zoning. The LDR's would allow for the parking and storage of vehicles and large truck parking overnight. Currently the adjacent areas utilize the surrounding areas as large truck parking as well. 3. There are no foreseeable adverse impacts on the rezoning to industrial. The industrial as stated is zoned to the east of the property and north. The proposed is adjacent to the railroad corridor as well. The buffer from the rail would also allow for the non - consistent zoning on this property. 4. The proposed industrial usage is appropriate as it is in the industrial corridor along the rail spur. The area surrounding the zoning change would also allow for a better usage in the rail road corridor. 5. There are no adverse effects of property values. In fact, it is anticipated the property and surrounding area would potentially increase the adjacent values. The living conditions with an existing truck usage and adjacent usages and related zoning appears not to have any adverse effects as well. 6. The site from the east is separated from the industrial usage by a large drainage ditch, to the north by the rail and a drainage ditch, and to the south by the roadway. The west is owned by the applicant as well. 7. The local change in zoning from the usage of traffic would be greatly reduced from the existing multifamily zoning. The traffic projected from then residential single family district would typically be 5 trips per day per unit; 100 peak hour, while it is anticipated usage is Tess, the peak hour generated traffic would be considerable less. Anticipated traffic is less than 15 -20 peak hour trips including employees. 8. Traffic congestion, due to the projected reduced trips would be Tess than the existing. The flooding and drainage concerns would also be alieved as the project area would fall under a site plan submission for development. 9. The property has not been inordinately burdened by unnecessary restrictions. City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863 - 763 -3372 Fax: 863 - 763 -1686 LAND U Name of Property Owner(s): DENT\ 1 b R RV L.,33:4__0/./ L Est D Pi en A v Mailing Address: f ui ! .! 4 CA EE c E i T:7_,. 72)C,15 " a Home Telephone: V Work: `3(k.3 -(3L _313o Cell: Sivyl c Property Address: Parcel ID Number: 3 -1(0_ 3 ti - 35_Oice 0__ 00/30- -CADin Name of Applicant: S C.Q cn y L A p_,l7G Home Telephone: `-e3(3._ (e 5q _ITAtMork: Cell: (4), (0 3(4 - i) 1 O v The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS WHEREOF THE UNDERSIGNED DAY OF- 20 . HAVE SET THEIR HAND AND SEALS THIS .e7vW �'/ f OWNER / WITNESS OWNER Before me the undersigned authority personally acknowledged before me that they are the power of attorney for the purpose stated therein. Notary Public: �� . _ WITNESS appeared the owner(s) named above who upon being duly sworn owner(s) of the real property described above and that they executed the Sworn and subscribed this /5 %day of 4pre j 1 20 ha SEAL DANA M. THOMAS 1114, Commission xp es: %/ , _ a *- -� ••. � � ;: �. Notary Public - State of Florida ...._R .K..c�o. — - „ i 942560 , (Rev 09/14) ";ff My Comm. Expires Mar 31, 2020 '''OF ""' Bonded through National Notary Assn. Page 5 of 11 l Petition No. Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of APN J , (C and the Assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this / day of C 171 l� Sig an /ure of Applicant Date e rn L t KL-9 Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this 1 day of Apiri 1 , , L'I to . Personally known to me or produced F II ffi(iCZ hri VP IS Ll C'e'p identification and did not take an oath. tii !L1 au.A. 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(�.�(�0 (`y,r) C),6_07 ( air) OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE GIS /MAPPING DEPARTMENT W.C. "BILL" SHERMAN, PROPERTY APPRAISER 100 FT Surrounding Properties Drawn By: RUSS DUNCAN CFE, AGRICULTURE / MAPPER Date: 4/1/2016 THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISERS OFFICE DOES NOT ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON Prepared by and return to: Patricia A. Ragon Clear Title & Legal Services 200 NW 5th Street Okeechobee, FL 34972 863- 824 -6776 1111111111111111111111111111111111111111 FILE NUM 2015010666 OR BK 767 PG 1116 SHARON ROBERTSON: CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY: FLORIDA RECORDED 11/20/2015 10:27:52 AM AMT $20 :000.00 RECORDING FEES $18.50 DEED DOC $140.00 RECORDED BY M Pinon Pas 1116 - 1117; (2 P9s) [Space Above This Line For Recording Data] Quit Claim Deed This Quit Claim Deed made this 19th day of November , 2015 between Joe H. Baker, a married man and William Jason Tomilinson, a single man whose post office address is 2599 NW 16th Boulevard, Okeechobee, FL 34972, grantor, and Dennis R. Wilson and Linda M. Wilson, as joint tenants with the right of survivorship whose post office address is 1107 NW 7th Court, Okeechobee, FL 34972, grantee: (Whenever 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 corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO /100 DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which grantor has in and to the following described land, situate, lying and being in Okeechobee County, Florida to -wit: Lots 1 through 18, inclusive and the W 1/2 of Lot 19, Block 13, NORTHWEST ADDITION TO OKEECHOBEE, according to the Plat thereof, recorded in Plat Book 1, Page 25, Public Records of Okeechobee County, Florida. Parcel Identification Number: 3- 16- 37- 35- 0160- 00130 -0010 Grantor Joe H. Baker warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida. This is vacant land.. To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use, benefit and profit of the said grantee forever. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTimea Book767 /Page1116 CFN #2015010666 Page 1 of 2 • Signed, sealed and delivered in our presence: Witness Name: $7'E 4 ./C6T $2 ■ Re-A-1-11-e4- EAWarckry-, State of Florida County of Okeechobee 1) Joe H. Baker illiam Jason Tomlinson (Seal) The foregoing instrument was acknowledged before me this i i day of November, 2015 by Joe H. Baker and William Jason Tomlinson, who `are personally known or [X] have produced a driver's license as identification. [Notary Seal] , 1��U '�` COMMISSION / FF125216 EXPIRES: May 21, 2018 WWW.AARONNOTARY.COM Heather Edwardson Notary Public yr- 11 Printed Name: 4. fti-M G d W a. t- S Oy7 My Commission Expires: Ma 13 0.11 o'� v I A Ouii Claim Deed - Page 2 DoubleTime® Book767 /Page1117 CFN #2015010666 Page 2 of 2 -(m Ox mm a o N 0 0 m m o o mm A 9 1 :) PPfFN UggHtinfl 4111931 lit !II I 1111 i } } R1roi 1 B c �3 9 14 6 I Q 4 m 1 Qi 9�1 N 00'07'3 210.00' J g I Mo £6 ZW £ • 1 £a aN 5 00 0650' E 1 f N II st, II y W II Y N II 0 4 £ Iiiii i $1 I ' II— I I air - -- 1 I -- - - - - -- .n, 1 N. - sl 1 -- 1s NWII OTH9AV ENUE ))'1 —�- ♦-rte - -� -• Y _ ____... - -�� -� -w 1 _. - ---I 1 14 1 4 F '"-----Ti-----e- 'q° , -- -Tx - - - - -1 $- I N 5 00 '05'05' E 105.00 auw ' i c 5- NORTH u _e 0 ii II. k 4 4 1 11. u II II p. II_ un 11_ II. p II. N II II INI. Y_ 11 11 H II, d n u 11 u 11 II 8. II. u. N 11 u N II d 11 u 11 11 0 II u. n ii A II u, 11 II A II u n 41 ITmli! lb :4 !I FIZ 11 k !lel 1 Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: Jeremy LaRue Petition No.: 16-001-R ';;44efe. & Nlatuagt_Inent Set-% icc."., Inc. ■ur. SvrN ing Florida Local Go\ crninclit: Sin( t 1088 Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R General Information Owner /Applicant Site Address Contact Person Contact Phone Number Contact Email Address Dennis Ray and Linda May Wilson 1102 NW 7th Court Okeechobee, FL 34972 Corner of NW 7th Ct. and 10th Avenue Okeechobee, FL 34972 Jeremy LaRue 863 - 634 -7708 Totalroadsideservice @hotmail.com Legal Description of Subject Property Parcel Identification Number: 3- 16- 37 -35- 0160- 00130 -0010 Legal Description: LOTS 1 THROUGH 18, INCLUSIVE AND WEST '/2 OF LOT 19, BLOCK 13, NORTHWEST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 25, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA Request The matter before the Local Planning Agency and City Council is an application for the rezoning of a 2.25 -acre parcel currently zoned "Holding" to Industrial. The parcel is also the subject of a concurrent Small Scale Development Plan Amendment application (16- 001 -SSA) to change the Future Land Use designation from Single- family Residential to Industrial. The purpose of these amendments to the Future Land Use Map and Zoning Map is to allow, on the site, outdoor storage of vehicles associated with the Applicant's vehicle towing business. The current and proposed Future Land Use designations, zoning, existing use, and acreage of the subject property and surrounding properties are shown in the following tables. S,rr in}; Florida <,,n rrn mcnt% Swim V?Sft Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R Current Future Land Use, Zoning and Existing Land Use Characteristics Future Land Use Category Zoning District Use of Property Acreage Existing Single - Family Residential Holding Vacant 2.25 ac. Proposed Industrial Industrial Vehicle towing yard with outdoor storage of vehicles 2.25 ac Future Land Use, Zoning, and Existing Uses on Surrounding Properties Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification East Zoning District Existing Land Use Future Land Use Map Classification South Zoning District Existing Land Use Future Land Use Map Classification West Zoning District Existing Land Use Industrial Industrial Railroad, industrial and vacant Industrial Industrial Industrial, Witter Harvesting Single- family RSF1 Single- family homes and vacant lots Single- family Residential RSF1 Multiple single - family dwellings Srn lug Ilu:itla l..ul C;utrrn:nctn+ Suttc 19Stt Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R Analysis Section 70 -340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The Applicant has provided comments to each of the required findings. These are repeated below in Times Roman typeface. Staff comments follow in this Arial typeface. 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "The proposed change in zoning appears not to be contrary to the Comprehensive Plan requirement as it would, if noted, make the area consistent with adjacent zonings and usages." Staff Comment: This rezoning application is being addressed concurrently with the Applicant's request for a Small Scale Development Plan Amendment (SSA) to the City's Future Land Use Map (FLUM) to change the Future Land Use designation from Single - Family to Industrial. Staff has recommended approval of that request and found the change to be consistent with the Comprehensive Plan. If the Applicant's request for an Industrial designation on the FLUM is approved, the only zoning district that is consistent with the Industrial Future Land Use category is IND, Industrial, and the Applicant's requested rezoning would have to be approved. On the other hand, If the City denies the FLUM change to Industrial, a rezoning to Industrial would be inconsistent with the City's Comprehensive Plan and could not be approved. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. "The proposed usage of an industrial parking area would be consistent with the proposed industrial zoning. The LDR's would allow for the parking and storage of vehicles and large truck parking overnight. Currently the adjacent areas utilize the surrounding areas as large truck parking as well." Staff Comment: The LDRs do not specifically identify outdoor vehicle storage or the operation of a vehicle towing business as a permitted use in the Industrial Zoning District. However, outdoor vehicle storage has been interpreted as qualifying under item (9) in the list of permitted uses, which reads "outdoor sales and storage, building contractor ". Srrvin }; Ilu:Ilia 10 Al 601! 111111CM, PISS Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R 3. The proposed use will not have an adverse effect on the public interest. "There are no foreseeable adverse impacts on the rezoning to industrial. The industrial as stated is zoned to the east of the property and north. The proposed is adjacent to the railroad corridor as well. The buffer from the rail would also allow for the non - consistent zoning on this property." Staff Comment: As explained in the Staff Comments to the Applicant's request for the property to be designated Industrial on the Future Land Use Map, the impacts upon public facilities and services for the storage of towed vehicles or for other allowable and more intense Tight industrial uses is seen as minimal both in the absolute sense and in comparison to the uses now allowed on the property. Further, we believe the subject property is suitably located for an industrial use and that its size is adequate to provide for appropriate buffering and screening from the nearby residential uses to the extent that may be necessary, and therefore should have no adverse effect upon the public interest. 4. The proposed 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 proposed industrial usage is appropriate as it is in the industrial corridor along the rail spur. The area surrounding the zoning change would also allow for a better usage in the rail road corridor." Staff Comment: The property to the immediate east of the subject is industrial. While the property to the immediate west of the subject property is designated and used for single - family use it, like the subject property, is adjacent to the railroad. Therefore, it would not be unreasonable to expect that the subject property would at some time in the future be put to a more intensive use than residential. The properties to the south are designated residential and are either vacant or in single - family use. We believe the subject property is suitably located for an industrial use and that its size is adequate to provide for appropriate buffering and screening from the nearby residential uses. Therefore, given its adjacency to the railroad and ability to buffer its effects upon adjacent residential properties, we believe the proposed rezoning to Industrial is reasonably compatible with surrounding land uses and is not contrary or detrimental to the urbanizing land use pattern. 'ic[ving Florida 1,,t 41 Go%crnmentn Sat: . 19SK Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R 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. "There are no adverse effects of property values. In fact, it is anticipated the property and surrounding area would potentially increase the adjacent values. The living conditions with an existing truck usage and adjacent usages and related zoning appears not to have any adverse effects as well." Staff Comment: Staffs assessment of the compatibility of the requested rezoning with adjacent land uses would support the opinion that the proposed use(s) will not adversely affect property values or living conditions. 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 site from the east is separated from the industrial usage by a large drainage ditch, to the north by the rail and a drainage ditch, and to the south by the roadway. The west is owned by the applicant as well." Staff Comment: There is nothing about the property that is so unique as to indicate that buffering, if needed, could not be accommodated. We would suggest, however, that access to the property would best be provided via NW 10th Avenue, which is at present, unimproved, rather than from NW 7th Court. This would ensure that NW 7th Court remains a primarily residential roadway and reduces the potential noise and traffic impacts, from tow trucks coming to and from the property, upon nearby residential properties. 7. The use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "The local change in zoning from the usage of traffic would be greatly reduced from the existing multifamily zoning. The traffic projected from then residential single family district would typically be 5 trips per day per unit; 100 peak hour, while it is anticipated usage is less, the peak hour generated traffic would be considerable less. Anticipated traffic is less than 15 -20 peak hour trips including employees." Staff Comment: The proposed use is not residential and therefore has no density component or effect upon schools. Furthermore, the intensity of the proposed use has been described in both this and the Staff Report for 16- 001 -SSA in a manner that clearly indicates that neither the proposed storage of towed vehicles nor other likely or allowable industrial uses would overburden water, sewer, solid waste facilities or local transportation facilities. Svn ii,. I'lo:ids I,,ul C101CI ucnt•. ]t,t e I''SS Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "Traffic congestion, due to the projected reduced trips would be less than the existing. The flooding and drainage concerns would also be alieved as the project area would fall under a site plan submission for development." Staff Comment: At maximum development under the current Single- family FLU designation and a trip generation factor of one trip in the peak hour, a total of about 10 trips would be generated. There is no traffic generation factor for a vehicle towing yard. However, one would not expect a high volume of traffic during the peak hour. The Applicant has estimated between 15 and 20 trips during the peak hour. Such a limited increase in traffic volume could not be expected to have a significant effect upon local roadways. Alternatively, if 25,000 square feet of Tight industrial use were to be developed on the site, it would be expected to generate about 0.97 trips /1,000 square feet in the peak hour — or about 24 trips. This is not dramatically different from that which could be expected under the current Single- family Residential FLU designation or the proposed towed vehicle storage yard. No significant structural improvements are expected to be put into place on the property. In the event impervious surfaces are increased significantly, the Applicant will be required to meet all standards required by the City of Okeechobee and the South Florida Water Management District. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "The property has not been inordinately burdened by unnecessary restrictions." Staff Comment: Neither conventional industrial uses nor the proposed towed vehicle storage yard use have been inordinately burdened by any unnecessary restrictions. tirr%in.,: Florida I..AA.11 t.airrnruenl+ 5in..r I9Sti Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R Recommendation If the City approves the requested amendment to change the Future Land Use Category of the subject property to Industrial, the only Zoning District consistent with that designation is the Industrial Zoning District. Therefore, the rezoning request should be approved. Otherwise, if the requested Future Land Use change is denied, then the requested zoning change should also be denied on the basis of its incompatibility with the Comprehensive Plan. Submitted by: Wm. F. Brisson, AICP Planning Consultant May 11,2016 Planning Board Hearing: May 19, 2016 City Council 1St Reading: June 21, 2016 (tentative) City Council 2nd Reading: July 19, 2016 (tentative) Attachments: Future Land Use, Subject & Environs Zoning, Subject & Environs Existing Land Use, Subject & Environs CC:), ii LIOfLI.11:.nJ1 (; fl;n1.111, nir 1"`MH Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16-001-R 1 • 10 1 1 11 FUTURE LAND USE SUBJECT SITE AND ENVIRONS 111111111M 1 1 it 1 1 1_ 1_, NW 1 18 COISPREHENSIVE PLAN LAND USE NOl-FY - UULfl FAINEy al co.E.ciA, riuDuSTR, AJ- 0au C FACil rA2 REV:ANTAL MixED uSE Serving Florida Loval Governments Since 1988 N Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R ZONING SUBJECT SITE AND ENVIRONS 10 T- ZONING as C.BO - COMM BUSINESS O15TRI:;"' . aw - NEAW COMMERCIAL G1 T • LIGHT COMMERCIAL CPO - COMM PROFESSIONAL OFFICE N- HOLDLNG INO - INDUSTRIAL PUB - PUBLIC FACILITIES PUD•MUtED PUD-R - WC RESIDENTIAL MULTIFAMILY RMN - RESIDENTIAL MOBLE i^IOME RSFI • RESIDENTIAL SINGLE PAM ILe RSF2 - RESIDENTIAL SINGLE FAMILY (� Serving Florida Luca! Governments Since 1988 Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R EXISTING LAND USE SUBJECT SITE AND ENVIRONS Nerving Florida Loral Governments Since 19611 10 MAY 19, 2016 - PLANNING BOARD - PAGE 5 OF 7 0 0 O T - O O c a) CO n3 0 _ O a U a) 2 a) is �_ 0°13-- U U� ° -p O a) a L o 2 o a) Q N O , 2 O L 3 5 Q U N C 0 z m ?^ -0 U M a) 0 co E E E p O U m 2 U C2 d O O O- 0 O U 6' 0) C_ N O .0 4) a J .6 O O O a +� C N E (1) O _0 c 0) (6 N ate 7 m > a o .5-.1 2 U o a) E m 0 so 0_ U T 00 -E -D 0 007 - 0 a=G) �O O 0 -0 a O L o O " U p a) co O O O U O 16 Z - s O O Ns -6 C [L ° ° ai Lc) a) C aS 0 N ?� 0 'V N a) L 0. O 0)-0 o ¢ z Chairperson Hoover asked whether there was any further discussion. There was none. W O BAUGHMAN - YEA BATTON - YEA MCCoY - YEA HOOVER - YEA MOTION CARRIED. O'BRIEN - YEA W } w w JONASSAINT - ABSENT MCCREARY - ABSENT N °' °1 m a) o E °' ° a3 "C "' o c O C 0 0 O) C J _0 1 O Cn a3 (6 C 0 0 0) c - d 0 a) U cr, C 0 a) 0 CZ) c73 C13 N w u- '0 .N a O m N N a) m e c 0 a m _ L -0 C U CC a) 0 O a N a O .o; Q) 0er ) O 8 2'.0 N a E O O L a N a N 0 0 0 O 0 L a L 5 w a) n a) a) p( _0 -Q L - O C ` C 0. O ca a) -C 0 a) 0 C u) O a -co +- is 0 c N a) a) L _ 0 0 a) to O Q L 2 --. N V) O . 0 O 07 OU Q C w N fC o .m O .co .E 0 a) > U O ° �' a a) -5 O c a 0 '-' o I— 0 -o U) Q a3 9 ct v- = Q) a _ Q Q C (a V) .O 0 N co O O O C O J p Q 0 a a) O m T J C U O 92 LCj co aJ 0 o Q N f� E O ca 0 M C U C a) U _ L 0 CL co E T O E a T O m 0 at r--- U Z a) 0 _. 5 a) 0 -0 aO O T C co � U C . O p � t m N - L- 0 a .s 'i n o 2 o ° E Ws E is i ° T — a N O C l - 0 O 5 O 0 ) _O O as 0 O C it-- U C 0 C ° > 3 c o E a >. c a) U ,_ U E "CU O � p > Y O U CL. cn -o 0 O is O a) O a -co "O 2 Q 0 _0 N F L 0 -0 O 0 Q (a a (0 � L_. -0 a 01"E O p C CD a) O C O iaU z 0 ., .0 o ow > Q i C D- O m 2 a) O N Z N fn 0 0_ a) C.0 0 a > c a- v) ° O O u) E a) C M CL O a3 Q N N C C13 0 c cn a >., al o C J d O 4 CU = Y E iC - X O . a) aj m 4) y a) CC a) N - c N N > L C a CO dN n N C d a V > H 0 c ( CC o a o d Mr. LaRue was present to respond to questions. There were none. CU a) O 4) U L F- 0 w O T U as a) a d o 0 a) o_ as U C Q a) a) 0 u7 U O a) 5 L E OO O 0) a) C o o u7 O_ a) (n c m co- 8 C N 0) (n C m N E a) O_ O (a 0. T u7 C O O O > C O a) 0 a`) Tirr, 0 Q 0) C 0 a a) (f) L O > 0)) a) -CO Y O N N 03 a3 O a > C a3 0 0 '0 E 0 Q. 2 o N a) a) F N Q (1) U C U 0 0 0 0 b) Board discussion. c) Vote on motion. a> 0 3 -0 Z O O O CO CU 0 0 (a 0) 0 LO N T a) co o .. z m m o E m T C O T >. 0 0 N E .0) a C m - o O 0 N N O O a) c m m m m O C m a L 5 a 0i O 1:9 92 • N O 4) O O a m Administer of Hear from Planning Staff. Hear from the Property Owner or Designee /Agent — Jeremy LaRue. MAY 19, 2016 — PLANNING BOARD - PAGE 6 OF 7 ACTION - DISCUSSION - VOTE N a) := -O >, T '-' O O N -O T -O U C (o U s Z U - O L '2 a) °c _o 5 O) c N L L O O O `.� a) O .c - .E a) CD m U O c m '-- -O O ._' 0 • L — J s c . o '� .N o N a) ° 3 3 .c o Q a) O 3 C 3 a) N m -O "6 C R >O m -� co O 7 C T p m O 0- u) E m 0 '6 O` L O N C O �= _ U 0 L m O C O c '6 D_ .— _= ▪ U N E o ` O 0- 7 • .L CO N °) a a) (6 0 '4- J a) O L 0.(1).,5' U L 6 m= •c a`oi Q o a) _° o c 7 a) N a) 20 w O E m c ° O a a c 7 D_ a) 7 (Q o p — 7 O O O 03 c C) U N C O ° -0 LL a) D- 3 -6 " O Y N -6 L 0 'c co N N N m 0) m >, 6 O m N O a) O c O m :es a w co a> N c- v ° E a) c a) a) -O o 7 D_ m o m L `) (c6 L (o m a) - m N D li �) 7 3 c -6 O >O = (6 (p m m m a) U T -6 m Q U m 3 .L .� Q 7 c -0 m -O a cD m co ° a) a) co n n E Q O .L- > a) -a O N ) p E m J C a) 'u) us Z -p m p L m O O C N C D_ N m U p U c D- o ta � m C C D c L Q= S m o N 'l N N p N E Q co _E 5 N L O O L - 2 c L U _ - Lj 3 L c F- E c w o .c o m J E ° n c a) U 3 «) cn • E O 0, (o -a .0 n — r a) E p c o p) a) o p .— °) L N co °U N 3 p -6 7 L m (B n° 7 lL L OU n 0 m a N O ,c .0 N a) a) OC a) a) L Q _° Z = a) .= O) a) C +L-' a) a) N n c a) Z % N Q) +L-' O a) LL C p S co 7 2 w w° ° a) ca o m ° °, 0 m CT c-i m oa) -a n. O c » _, t- m o .Q co is aS c)n m °) a) 'x o .2 (6 m O ° ° o m L 7 L .� N m T o a) N ° O C O u) C C co U D_ C "d y N a) O) C -O m °- C .N CD m CO n NO c a) N m m a) O U t°o - 3 p C C a) 3° m -p J (6 (n c - '° • ai o N O) co O Cr) (On CO N N N U N Q (co O uj > d m .�. C d) ea C C a) N 4) (6 _ c n O L a) O p O C O a) C m (0 c -m N co w d p a) c -O E F- 2 ° U (o C m U > _ _O a) a) N 4) N (_°O 7 3 m m m n .� C .� N `p 'C (6 —a)) p m N L D_ Q a) L o> -6 co '6 O U fo 2 O O C m _ J C F- L L d) p m c C m a) -� IliIUII :0m (n a) O a) (o U C (o -E O m 7 a) IIi Q L-5 m 7 c a) N m N m L 0, O (0 3 0 J _p O m N D_ L 0 c E L U~ (d a) m O O a) m m D_ Ti; c O C >, 'C U v) Q O Q a) in p O a) V c) L ..N-� (o m O - C a) a) m N T— m U T LL f6 N E .- U L c — N O co C N° O i 4) n'c — L a) C ].,L NJ °° m N > ' o 0 7 ° .o o > n L E as 3 m D a) c • '6 > °) (° 7— Q) N °- C U O m c O L D- O to m E 1:1)°' -6 ° a) o m m o o- 3 (n m a) o' a) -6 3 a) -o m c U N c -O -O C N 7 .L-- y L (o J, O U 7 C 'O :_ T 7 m N m .0 O) n N .a) O m (n m C T E m_ O aj .� C —_ �p L O n a) p C m O D. • 7 '0 a) vi w6 a) - m E _ 'O U 7 m U -° L a) U D D (-'-i3. y> a) C U LmL m Y m CO a) C Q N L > d a) ° m a) 7 a) 6 Q7 a) O a) > U U C C O 7 U O —° D_ n N a) E c a) ° Q m a) c3 a) = m a) L ° n n c a) O; N 6) 0 0 7 C N s 7 L O _7 co tp '- Y a -o -c c° m, n. -D X .- N cn E O U s, n CO c- O 0 C F— Q _ n a) N a) N _ C - T 'p U O) 6] J • up O C N O m m o O c (6 Q O to �O a) o a) c Z L O CO Q a 'c N O O ~ d 0 aci m �' CO O a) °> '� 3 N `) N c C C a L. O -E m C .7-. n O (Q U N 'O 'O N 7' "co— a al 7 -G • �'O O L m 7 n (O m N N N O m O m a) L 7 0 co `> o° ° a) --' a) O U Q LL m (o L 7 O W co LL Q 1— 0 L Z a) - 0 .._q Q— Q 0 Chairperson Hoover asked whether there was any further discussion. There was none. W C9 O Z o c a) O > O N 0_ 0._ (n6 O 0 -6 U c m 0 0 O m U v i W a) c =L-. .O Z T a)'5 H L c O c ° U O c m b' 0 0 W .0 (6 O_ — C -0 (o J E a) 7 O U O E 3 E U ° = a) N 7 m • m 3 N Q _ ° o M W c o : 0 — C — m a) n U O O 2 a ° 5 Ct 7 -7 O T Q O E) o 0 = N O U-6 m U 0 CO b) Board discussion. kelanas 'a}lauJn8 .W filled \ \ uosJadJlegD 'JGAOOH .1 unnea (n0_ lEaD ¥ CLC D \ \/0 O 0 0 — }z3 -- \ / }\ }� 3 CD 0-. O= CD -_ez, $� \( /[Jg = %ƒ,\ }2. —_ eo �� Co CD _ t oy \ — E*§ as o• <00 z3%\ 2 cD /\ \\ ) /\ \\ f E$2&, _ \/_ \ « z /\} / SD cD o SD 0 _ / \ \ CLOSE PUBLIC HEARING - Chairperson. /7 J/ mC\ S 2 030 o /7? -0 0\ /0 0 z§\ O —3 /2 (I\ c2 CD \§ co � 0 CO 0. / k There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:49 p.m. (0 ET "73 S\ }\o 0 CD \\ CD were any requests for amendments to the Land Development CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:48 P.M. JONASSAINT - ABSENT MCCREARY - ABSENT 7 \ V3A - N3RJ9,O '0312RJVO NOIlOW V3A - 213A0OH V3A - A0331AI V3A - NOl1V8 V3A-NVWH9nV8 2 • 310A - NOISSf3SIa - N0110V MAY 19, 2016 - PLANNING BOARD - PAGE 7 OF 7 X > Z mmC Cr N G 0o o 0 m o (O o N 3 = (O x 0 0 0 co o = _ `<<C N (D O co _ C d 0 3 ° ((o C CD V/ 3 = °o (D ° tU v O_ v W Q (D CT 3 ZrQ� n m n"< s O a s n m = * °1 m 0. = 3 v = Cr '< m v N D < = QQ y '9) QZ °- a' O 7O v ° to 0 ? (CD CD (D 0 =' 3 0 3 (n 0-1 to 3 v a v 6 - oSQL C � v _ a 0. (o o 2J o 3 (0 r -o (D = (D O O O `< _ _ CU (D = 0_ 03 03 ° 73 (D C (D N Q' C 1 .(t in = •• D N C is CO `. o S •-Y C m a C CD n Z n 3 T 7 Z7 (/) O v .O cp Q Z Q D (n z N m D o 0 --1 oo O o Z _°. C) O (Q z o Q Z m = D co O W D G) m D =I m A � I m n 0 m r v 3 2 0 Q ° S 3 CD (D 0 ° fv 0 Q — _ = O O CD- Q (fl CD (n 2 r0 (0(D 0 v C° 00 O N Q = O co O Z o -° 3 ° • a) 0 cjo o 0 0 3 C (D = CD CD o Z C. S 3 D- o- (D a 0 (D _ (7 N Cu CD 7 0 is 0_ `-G . O o' Q v - 0 a O= N v cn (-5 co Q v 8 o r Q- o = 3 o um v ; 0 N () 9) v 0 0) (O = Q CD 7 -o N _.(O 3 c. 0 m 0 O- (D ((0 CD 0 Q 3 o z 0 O j' 0 O: Cr (0 _ 0) CD O O CD N O O ° � Z ° o O N T C C (r) (O CT Cr 3 3 6 O oo - Q r CD cu = o- (D 0 Q `< o Q st = (D � MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:32 PM O O o Z Z 0 0 n .3 1 m m D cfl 30 O = co - C O O Co ( / to ° r a n' y o C< v U y(D a -0 3 2 - a o_ Q OO= < ( m C � CD C � tn to =. - (n ° X Q (D -O — O 3 g O O O 5' -° A ( o v Z Q (D CD — to N O ° = CD -a O 5" Q n (D D O 0_ (n o CD 3 rnto j o . o < N o � 5. m o Q cm ( . O CD D N N Cn = °- -1 (D N N oo m o o m = co 0 y ov a m < . (n= N m o 3 (m m ES' 3 3 m o m o o C C 3 . n N° (D (D v —: 3 D 3 Q O C- U `• O& 3 v O N" 2,' N j 0 CD _ (D 0 0 O 0 (a a Q T< A= CD `< D 3 N D O (D v = < j (D`- ',, a Q v n ti x. Q v -° °(D Cv N O g" 3 ° v v_ O = ..< (D T (D 7 (D ? = D 0-0 = 5- O 0 v, (D 0 m (D 3 = v, Q v < D m co Q o 0) 0) Q O O O D Cr) = D N n = _° D ��a " v �_oo D O — N o w co =) 2 ( O 7 (n CD v Q cn _ Q = -a T _. _ < m < O= O X CD O O(D st C v N _ _ O. (- CD o v - = N 3 0) CD = o . co 5 co Z v .< = = O 3 (D -°_ o r (D C C U , _ v O CD = = m O o v m � �< D = O (5- c_ N 0) DI (D = (D co C D N o (D cn N v v oo n° r ° C co o a° N co CD (D `< CND O= (05. O 30 ((DD mu' 0 co O- (D (D N Q' • O N co CU Co a) 00 N _ -'O CS ^ Q = i< tS C ° � CD (D °) _ °- v 9) 3 0 O .. CD = N 3 fli •° a' O — _ X N Cn = . CD _ 0- , Q 3`< _+ (n 3= D • (fl � D 3 O C Q N (D O o' O _ _ (D O C 0) co COUNCIL ACTION - DISCUSSION - VOTE JUNE 21, 2016 - REGULAR MEETING - PAGE 4 OF 10 ING - PAGE 5 OF 10 JUNE 21, 2016 - RE w 0 0 co co Vi U as O 1- U U Z 0 U LL >- 0 j. 6 .v) 0 Om1-� z -- �° 1-• W ZZ4i 0 w 1 --,C_ W = 0 0 0 m 0 W U • w CO O Y O Q U • o c W o LL a W a c 0 0 U UL W Z U. 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CO c�1- NU Cp c _ W ▪ -)1�oQ -°o oL °'Q 1- ▪ Q o W m d~ m o O �lLa� W U ▪ 0-a ° w > in ▪ W W O N c ▪ • m >, 0 o --W 0Z0 m O - co O Z1=-p 0 ) eL o > a) Z�Z G! ° E 0 0 � m o E 0?�W� �) 2 co � o ° a ▪ CO O U W01-� aEi S0 o g t U a 2 = 0 CL c c - aQ�Ft � m o_ -_.=, 0 yQ1-yU c a c m 0- --I W U m_0 Q0 IQ- Z 0 .0 0> a o am`) W W CC 0� 112 a`) 0 41 O N O o° a o> O Q J ul m a N m o Uz ? = cc c o = w Z a C W OCnS" c N N O a) W nj O °L6 m n7 QOCc ° � co a) n ° 3 ? :E ,- c 0 a) > LO a) 0 0 aI) c/) 0 0 • a W m Z a▪ ) 1- O O > U N O w W • Q G7 U m w • � Z a X 2.a) Motion to approve the first reading of proposed Ordinance No. 1135. b) Public comments and discussion. c) Vote on motion. >: 0 0 Z 0 • o U 0 a v (0 >' 0 M ▪ O W o -r w o I 0 Z 0 0 a) rno O 0 2 N Z z o O 0 0 Cr▪ ) -a o O O 0 O c o 0 N 0 0• -0 m CL CO • m z, a) o s 0 o -a 0)a`)) w w m 0 >. 0 _C 1 a U CU. 0 `ca d a 0 o U o Z • < 0 0) J 7 _ CO ?� ' C c 0 U 0 a 33 O = _a 0 U - U - (7, V E o 0 CU t 4.pu>> -1►cc O W Cc c) >, CO Veil • CC O W O „ C3 C3 201 0s0 y- Q.IZEO a W Qa1 -C�ct ✓ W W>'?W Wa t a Z W LLU zz zJcc co� U� cc Q U f O Zp 1 U y W N Q O I-- O W -J LL. o Qy >Z • W Z D O 0 ti C O CC w TOOo00 o 0 oZtGI W a; W c iOWVQW °z o zQ O = m U - W YLULL - C21 Y 0 U ci Q0u.z -LI- c°)00W8W H U 0 h 1- a' z O a Q O ? ct O Q U W p W a w ct ° 0 Y w �UOmIZ -W U Ce n_ 0 m Z W 0 >, C U W a O 0 O. F ° se W - _ cc c) 0 cc U O O O al -0 '• V�'ZCC EWLU W C9W3a .0 - ?,;:3 Q02CUZuW) : uncil Members Chandler and Ritter to approve the first reading of proposed Ordinance No. c) City Attorney to read proposed Ordinance No. 1136 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1136. ORDINANCE NO. 1135 Exhibit 2 June 21, 2016 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING TO INDUSTRIAL ZONING DISTRICT (PETITION NO. 16- 001 -R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Jeremy LaRue, Authorized Representative for Dennis Ray Wilson and Linda May Wilson, property owners, has heretofore filed Petition No. 16- 001 -R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of and consisting of 2.25 acres from Holding (H) to Industrial (IND) Zoning District, and that this request be removed from the boundaries of the above mentioned zoning district to allow for the processing of the rezoning petition; and WHEREAS, said petition was reviewed by the City's Planning Consultant who determined, based on initial findings and review provided by the applicant, that such petition is consistent with the Comprehensive Plan; and WHEREAS, said petition being reviewed by the City's Planning Board at a duly advertised Public Hearing held on May 19, 2016, determined that such petition is consistent with the Comprehensive Plan; and WHEREAS, the City Council agreed with the recommendation of the Planning Board and hereby finds such rezoning petition to be 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, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: LEGAL DESCRIPTION. The following described land consisting of approximately 2.25 acres, as the subject property, located in the City of Okeechobee, to -wit: LOTS 1 THROUGH 18, INCLUSIVE AND WEST ONE -HALF OF LOT 19, OF BLOCK 13, NORTHWEST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 25, 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 to be changed from Holding (H) to Industrial (IND). SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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. Ordinance No. 1135 Page 1 of 2 SECTION 5: EFFECTIVE DATE. This Ordinance shall become effective thirty -one (31) days after its adoption if the associated Comprehensive Plan Amendment (No. 16 -001 -SSA) is adopted and not timely challenged. If the Comprehensive Plan is timely challenged, this ordinance shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining the Comprehensive Plan Amendment to be in compliance. INTRODUCED for First Reading and and set for Final Public Hearing on this 215r day of June 2016. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 19th day of July, 2016. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R Cook, City Attorney Ordinance No. 1135 Page 2 of 2 James E. Kirk, Mayor !General Services Department 55 S.E. 3`d Avenue, Room 101 Okeechobee, Florida 34974 -2903 Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 Fee Paid: q 1 t.1 c L /(p -o7jJuris- - -lion: p60-00_, Hearing: Atk ((00go 2 "d- Hi3gring: U. Ai_ itp E `1 -n_li, Publication Dates: Olen lafl ye) Notices Mailed: 51 LI I I to �r: `s .�r._._.�ti..K :ac:- - = e'.r•. -z. ?err .�--- 'L;�'. - !�r:rv-•:. r:.-- - ;�: - - cI' is _ - - ''! - - - _ =:? s:: Rezone S ee.1al Exce 'tion and V... ance � �`;�� .�:' `;� �r . � :_ - -�_ - p_ .ter. as « --.... I?��_ . F.:z.,•- .z�...- y.., -., :: _ _C.:r:••- J`i- �as[. �:l �r.C_..U.- ,....�.,�i__c -� Ly. =...,�_- _....r,:.�_;.` ` .- r �v ," •.:., rk _•. 't ) , 1 1 . a t- ti :L_�s�:�- ._�..�,. „ : � �. 7. �..: �� : AP: PL- IC�INT�INE _O,RM�ITIQN��..��s�::- _i;:r....�...�....._. - •---- = _`'.�•= 1 Name of property owner(s): 1,41\S I S C, tNY I.01 -j-5 4 1 LIAO fJ /M U/ 4).12-60A/ 2 Owner mailing address: I 1,9 a. N/A3 i-] ' es cy,celobec Fi- 3q-i7a owner ,Ae-gc m y L.A2ur✓ 3. Name of applicant(s) if other than 4 Applicant mailing address: -PO ?c P-„c3K 1 q 1 Q1ee< 1 ee f 2L-(9 `7 3 E -mail address: „7-n,- ., 0A -951pE S -V : c-0 /IoYn1 A I"L . C oli9 5 Name of contact person (state relationship):. , �iaz V tAle06, 6 Contact person daytime phone(s): '&03- G-64- °1 08 ; z F. ] ':c f -. ��.+. � •:� J'r gi�: l; , „ Y 2 y.z ti ceti T, s � EYJ INFOR MATIOrN �51 _ s :. _.,s ... y -'7 7 Property address /directions to property: p et, o F N - t-- / A_ e- ,I '' N u rt �C-l- OrEE016BEe FL 3((5 '? a Describe current use of property: NON E. 0?e- 14 VE477-Llb Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. VACAN 1 Source of potable water: Method of sewage disposal: 10 Approx. acreage: , a5--- Is property in a platted subdivision? 11 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: Nt O 12 Is a pending sale of the property subject to this application being granted? )F5 13 Describe uses on adjoining property to the Nqrth: North: Tr4DOST' IPrl_ P,AiL Z PCO) East: 1 NV-C�r -s-Pcr- �' t'J-� GR NfiRJES1� South: Swvc v-'F KS lS 1= H° West: Ida i S Lr3-�, -/--5c44 (S N-) 1VPS)urc P, i•IT 14 Existing zoning: 1- 10L`0.-ft,\6. Future Land Use classification: SE 16 Have there been any prior rezoning, property? (X )No ( )Yes. special exception, variance, or site plan approvals on the If yes provide date, petition number and nature of approval. 16 Request is for: (J Rezone ( ) Special Exception ( ) Variance 17 Parcel Identification Number: 3 -) 2- 31 _3 S- 01 LQO - 0013() - 0010 (Rev 09/14) Page 1 of 11 ,�._ ,.. _ 1ti�__ _ 1;_lti t °t - ..rte.: .--..J - , ____... ....,..._ REQill , vTTi t , IVIENTS 18 Applicant's statement of interest in property: (- 0`-`)1 A —� QV 'I I2c c E.-- ,_ Co 19 Non - refundable application fee: Rezoning: $850 plus $30/acre; Special Exception: $500 plus $30 /acre; Variance: $500 Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: 21 Notarized letter of consent from property owner (if applicant is different from property owner) 22 Three property surveys (one no larger than 11)(17) containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre `A-J. 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) '24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 —t, Confirmation of Information Accuracy I hereby certify that the information in 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 $500.00 and imprisonment of up to 30 days and may result in the denial of this application. i•nature 'or g4ti relating to this application packet, call General Services Dept. at (863) - 763 -3372, Ext. 218 Printed Name Date (Rev 09/14) Page 2 of 11 { �. ADDTTXON, TNFORlY1ALTION = -REQ ' 9 ° DFOR.ZEZOlvIN�. .... _. — .. A Current zoning classification: 1-k i 3 :,,, el5 Requested zoning classification Irj.I [SOS l iz. i AL B Describe the desired permitted use and intended nature of activities and development of the property? c ) ■ `,-) Yr-) T C Is a Special Exception necessary for your intended use? (C) No ( ) Yes If yes, briefly describe: D Is a Variance necessary for your intended use? ( )61 No ( ) Yes If yes, briefly describe: E Attach a Traffic Impact Study prepared by a professional transportation planner or transportati engineer, if the rezoning or proposed use will generate 100 or more peak hour vehicle trip ends using the trip gener 'o fat for the most similar use as contained in the Institute of Transportation Engineers most recent edition ofTri Gene at . et- IA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. n p.m. peak hour trips and level of service on all adjacent roadway links with and without the project. F Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described below. Attach additional sheets as necessary. FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70 -340, LDR page CD70:16) It is the Applicant's responsibility to convince the Planning Board /LPA and City Council that approval of y the proposed rezoning is justified. Specifically, the Applicant should provide in his /her application and `,� presentation sufficient explanation and documentation to convince the reviewing bodies to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use pattems. 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. (Rev 09/14) Page 6 of 11 Findings require r rezoning or change in land developmr -egulations (cont.) NOW '4110 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 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in Tight of the above criteria and offer a recommendation for approval or denial. (Rev 09/14) Page 7 of 11 Findings for Rezoning or Change in Land Development 1. The proposed change in zoning appears not to be contrary to the Comprehensive Plan requirements as it would, if noted, make the area consistent with the adjacent zonings and usages. 2. The proposed usage of an industrial parking area would be consistent with the proposed industrial zoning. The LDR's would allow for the parking and storage of vehicles and large truck parking overnight. Currently the adjacent areas utilize the surrounding areas as large truck parking as well. 3. There are no foreseeable adverse impacts on the rezoning to industrial. The industrial as stated is zoned to the east of the property and north. The proposed is adjacent to the railroad corridor as well. The buffer from the rail would also allow for the non - consistent zoning on this property. 4. The proposed industrial usage is appropriate as it is in the industrial corridor along the rail spur. The area surrounding the zoning change would also allow for a better usage in the rail road corridor. 5. There are no adverse effects of property values. In fact, it is anticipated the property and surrounding area would potentially increase the adjacent values. The living conditions with an existing truck usage and adjacent usages and related zoning appears not to have any adverse effects as well. 6. The site from the east is separated from the industrial usage by a large drainage ditch, to the north by the rail and a drainage ditch, and to the south by the roadway. The west is owned by the applicant as well. 7. The local change in zoning from the usage of traffic would be greatly reduced from the existing multifamily zoning. The traffic projected from then residential single family district would typically be 5 trips per day per unit; 100 peak hour, while it is anticipated usage is less, the peak hour generated traffic would be considerable less. Anticipated traffic is Tess than 15 -20 peak hour trips including employees. 8. Traffic congestion, due to the projected reduced trips would be Tess than the existing. The flooding and drainage concerns would also be alieved as the project area would fall under a site plan submission for development. 9. The property has not been inordinately burdened by unnecessary restrictions. City of Ulceechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863 -763 -3372 Fax: 863 -763 -1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): DE-NHL C- R R v (,01-1.- t_oict LEN DI d11A ; V LL v(\4 Mailing Address: i o a /*,...) C ( 0K c C 146E- j L 3A 1 `7 ), Home Telephone: ft Work: c1(�, 3 - le-6(1_313e Cell: m c U�c Property Address: Parcel ID Number: 3 -1(Q -_ . _ 35— O/fe0— 001 30 --C,/0 Name of Applicant: J L(21,.._- m Y L A p,VG Home Telephone: `a(‘Z._ 04 _111 jWWork• Cell: (4; (0 34 _ % ►1 O S The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS WHEREOF THE UNDERSIGNED DAY OF. 20 . HAVE SET THEIR HAND AND SEALS THIS Aq'''` oe, OWNER - WITNESS OWNER Before me the undersigned authority personally acknowledged before me that they are the power of attorney for the purpose stated therein. Notary Public: /• — WITNESS appeared the owner(s) named above who upon being duly sworn owner(s) of the real property described above and that they executed the Sworn and subscribed this /Srday of T- f)J i I 20 /G, ��.�_ �— /00 SEAL — � DANA M. THOMAS ��,,,��,,,,� 4►'RY PUB i Commission xp : Notary Public - Slate of Florida ' es: 4 i .. , =o � Ai..RSrm..rRi rya: = OVOL S. . ,, . .. , . 942560 (Rev 09/14) ;= My Comm. Expires Mar 31, 2020 �° j.s‘ss Bonded through National Notary Assn. Page 5 of 11 Petition No. /1-0-00 !' � Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of i- tPAe 1 , and the Assertions -made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this / day of A uL1 X010 S'gna ure of Applicant Name of Applicant (printed or typed) State of Florida County of Okeechobee 17/ Date Sworn to and subscribed before me this 1 day of i Pv/ ( ff , , oi10 . Personally known to me or produced -1 inr!(]ct ho VP rS 1tcen & identification and did not take an oath. Peu !LL Bamud-b-c- iNotary ublic, State of Florida (Rev 09/14) �t a�ey Notary Public State of Florida fy Patty M Bumette .14 t+�` My Commission EE 218356 Erplres 10/02/2016 Page 3 of 11 CD 0)a 0) at 0) N N n 0 C) O 0 CO N 0 Q 0 0) O O 0 v N h O M 0 0 0 O N O n 0 N 0 V O (0 O 0 O O O O_ O O_ V `? O) N CO O O O 0 Q V O 0 h 0 V O T 0 0 0 N N V N N 0 O N 0 N N V N N O N O N 0 0 0 0 O) O) 0) W N N C) M M V V N N N N M N M (V N N N N M N 0W (O0(Onh hhnnthh hW Onnhn O)h T V V V M m CD C1) M CD 0)00 CD 0 CV CD CD 0 (P (OO D- M M M M< a V V V V V V V V M V V V V N V N M M M M M M M M M M C) M CO M CO M M M M M M F J J J J J J J J J _J J J J -1 J _J J _J _J _J J J J J J V) 1.1_11_11 IL LL LLLL EL CI_ IL LL LL LL IL LL LL LL LL LL IL IL LL LL LLLL a W W j W W W W W W W W W W W W W W W W W W J W W W W W W W W U J W W W W W W W ¢¢¢ 00)0 mO)CO m CO CO m CO J Jmm mm CO 1)1- 1- F- F- 000Z000000000 Z0000Z0 Z w w w w U U U w Wz U U U U 0 0 U U U w U C=) U U 1- U ID D 7 W W W y J W W W W W W W W - y W W W W Z W P- O 0 C5 O W W W o W W W W W W W W CC U W W W W W W U 1 w- FW-1-1 W- 0 0 0 -a, 0 0 0 0 0 0 0 0 0°¢ 0 0 0 01-0 ADDRESS 3 N w w O 0 500 WATER STREET J910 C/O CSX CORP 4300 SW 53RD PLACE U LLI r$ W >1-> 0)F- F-FF -Q OQ >F- F-1-1- <0¢F- (0D- 1 -(O000 H QU UNO m mm ioxxS W `nxxOxxtxt-l- U<MMX/" MF- UI vv vv�nFFh n�Fx- ��F�oFx-w0~�nl�� 0000 ZzQ4zw- zzzz- wa)3zzzwz 000 COZ ` CO 00()0)00 .z Eowz r e-Nw(0 OO000 (DOC'10 0, Ohnv59 v 060 Or(OO N O( O e- OM CD < 0 00 W e- d �. d CL n '' h N r- M c1) 0D < h ��" c- 3- 0 W Q W ,wjZ m w ¢ W W sr z 0 1.-0 i 20 6.51b1 ( ¢ ( I •U Mt) U fn Q 3"- US c(tC MQW F W x U ¢ (a < W-MoWQ F UU F- UASZ W-J.7p J� 0E-Z :1 W w JF-o 0 e 0O °a o¢2 O ¢ W o w z z z z 00 Q KZ(0a Ua �� <s w Iv I- ¢ Q -0z re wZZ _JU ¢}") W)> -i-> ¢ OD DK2 L —ko . oa040 (3 J4m W ¢w] D,5 Wz ZZZZZ0wZa (9 0-Q W i-W , WLL Q� J2IOUg W LL KU N Zd wtZ ZaQ- DE DX 10°W WwJ /-lm JW (!= �i>F> omm00H000tu ) aF-�3 J w U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 O n O tt M (() N 80 MO (O (A O 0) p 0) O (O e- e- 18) 0 0 0 0 0 f o 0 0 0 o 0 0 0 o O o 0 0 0 0 0 0 0 0 o O o 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (1) 0 0 0 0 0 0 (0(0(0(0(0(0(0. M (O (0 M (O )O (O f0 M M O (O f0 (O '7 n M Q V 0 R O l0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a o (0843 (O w N 00 (O (0 (O 0 (O (O (O (O (00O (O N f0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (4 0 0 0 0 0 0 0 0 (0(0(0(0(0(0(0(0(0(0(0(0(080(080(0(0 0 (n (n (n (n v) 0 M M CO M M M (? (? M (? ('7 (0 C) (? M rD M N) (`) CO (? C) M 0 (0 0- r CO ri ri r h n ri n n h M M CO VI Cr) M M M M M r) h h n h n r h n el h h h M M M M M CO M M M M M M N (O (n 0) (O (O (O 0) 81)0) (0 (n (O (0(0 0) 0) 0) () 0) 0) 0) 0) 0) 0) 0. m l)MMe)��77�� `i, ) OKEECHOBEE COUNTY PROPERTY RAISER'S OFFICE GIS MAPPING DEPARTMENT " SHERMAN, PROPERTY APPRAISER Drawn By RUSS DUNCAN CFE, AGRICULTURE /MAPPtu Date: 4/1/2016 THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRNSER S OFFICE DOES ASSUME RESPONSIBILITY FOR ERRORS OR OMMNIONS CONTAINED HEREON cC.0 Prepared by and return to: Patricia A. Ragon Clear Title & Legal Services 200 NW 5th Street Okeechobee, FL 34972 863- 824 -6776 111111111111111111111111111 I111I 11111111 FILE NUM 20 1501 0666 OF< Y, 767 PG 1116 SHARON ROBERTSON[ CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY/ FLORIDA RECORDED 11/20/2015 1027:52 At AMT $20/000.00 RECORDING FEES $18.50 DEED DOC $140.00 RECORDED BY ti Pinon Pss 1116 - 1117; (2 vss) [Space Above This Line For Recording Data] Quit Claim Deed This Quit Claim Deed made this 19th day of November , 2015 between Joe H. Baker, a married man and William Jason Tomilinson, a single man whose post office address is 2599 NW 16th Boulevard, Okeechobee, FL 34972, grantor, and Dennis R. Wilson and Linda M. Wilson, as joint tenants with the right of survivorship whose post office address is 1107 NW 7th Court, Okeechobee, FL 34972, grantee: (Whenever 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 corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO /100 DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which grantor has in and to the following described land, situate, lying and being in Okeechobee County, Florida to-wit: Lots 1 through 18, inclusive and the W 1/2 of Lot 19, Block 13, NORTHWEST ADDITION TO OKEECHOBEE, according to the Plat thereof, recorded in Plat Book 1, Page 25, Public Records of Okeechobee County, Florida. Parcel Identification Number: 3- 16- 37 -35- 0160 -00130 -0010 Grantor Joe H. Baker warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida. This is vacant land.. To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use, benefit and profit of the said grantee forever. In Witness 'Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Double -1me® Book767 /Page1116 CFN #2015010666 Page 1 of 2 11 G II h II 11 A 11 G 11 11 11 II H I 11 I a 11 q 11 11 11 q 11 H A II 11 11 1G 1 ° 11 11 11 11 11 11 H 11 II d 11 II n II 11 II q h Hla I I —i a e - - - - -x ;r 1I�I ' d r I 01 b r, away 11 q 11 11 n t 4y C O M 30. ll { otiblo 11 11 ip 11 11 11 11 li n II BOUNDARY & TC }OGRAPHIC SURVEY PREPARED FOR TOTAL ROAD°TDE SERVICE API !IN 4 !ph 1! t 441 ! 1: s4 1 1110k-1,11 k, 14!:04 411° lq 1110 IsiP84P �ry M�rjb nO A ts'F ig tls op hp RN Pi 14t d II II 11 II h 11 u i 11 11 101 u II ii n II 11 G II u h G II u II I 1 II h q II II H II 0 II H 0 N II 0 H u 11 11 ii H 11 II 11 11 R H 11 II R 11 11 H u II h Il II h II d h ii a II u all II II q II h u II II II 0 II n II ai H.L 10 N k'' l a r - - -- it— ;a iJ 63 **..4. 4 1I - - -- . 1. -'' a w* * i2 —1 I w w ; Itia r • asp 2 ao j T iBa 63 1 Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: Jeremy LaRue Petition No.: 16 -001 -R Planning a C klanagement Services, Inc. MS'S )adwn SUCV . Sufic 20(. F',m Mrri., floridl Serving Florida Local Governments Since 1988 mrcccQn .�aar..5r4=ri.: Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R General Information WO s Owner /Applicant 1102 NW 7t' keedhobee, `FL 34972; Site Address Corner of NW 76 Ct. and 1'01' Avenue Okeechobee, FL 34972 Contact Person ;Jeremy LaRue; Contact Phone Number 863 -634 -7708 Contact Email1Add.ress ;:'Totalroadsideseiwce @hdtmail =corn.; Legal Description of Subject Property Parcel Identification Number: 3- 16- 37 -35- 0160 - 00130 -0010 Legal Description: LOTS 1 THROUGH 18, INCLUSIVE AND WEST % OF LOT 19, BLOCK 13, NORTHWEST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 25, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA Request The matter before the Local Planning Agency and City Council is an application for the rezoning of a 2.25 -acre parcel currently zoned "Holding" to Industrial. The parcel is also the subject of a concurrent Small Scale Development Plan Amendment application (16 -001 -SSA) to change the Future Land Use designation from Single- family Residential to Industrial. The purpose of these amendments to the Future Land Use Map and Zoning Map is to allow, on the site, outdoor storage of vehicles associated with the Applicant's vehicle towing business. The current and proposed Future Land Use designations, zoning, existing use, and acreage of the subject property and surrounding properties are shown in the following tables. Serving Florida loc11 Gnteronico + Sincr 1988 Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R Current Future Land Use, Zoning and Existin • Land Use Characteristics Proposed, `.FutureaLandtUse'`Gateg r' Single_' FamiIy'Resiclenti l��I! Indust GI Zoning District Holding Industrial � Vehicle stoVurng�"yarx i �ltl„SerofaP openty 3 s tr , aaca t?l iF i 7° �i t s r 5si; . - /e 1: outdoor storage »of Ve Acreage 2.25 ac. . .................... ... . 2.25. ac Future Land Use, Zoning, and Existing Uses on Surrounding Pro • erties IlKiture Land1UseaMarelassification, priti strial: , . ? � .,. <: Zonirig ®;istrict { u " �� [Industrial; -._f, , 1Utri ;? 2 1 istrng' Land Ra,ir_oad�industrial�and� av canfitt! Future Land Use Map Classification Industrial East Zoning District Industrial Existing Land Use Industrial, Witter Harvesting u Future LandxUse #Map Classification : Single= family... Snuth� vZ‘triina®tstnct t RSFI40` s s+ �• pExisting_Land I se., I:: Singie-fanvlyhomestand`:vacant- lots.;; Future Land Use Map Classification Single - family Residential West Zoning District Existing Land Use RSF1 Multiple single - family dwellings Arvin Florida L<a91 Guscrn, ,c, I.. Since 1988 Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R Analysis Section 70 -340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The Applicant has provided comments to each of the required findings. These are repeated below in Times Roman typeface. Staff comments follow in this Arial typeface. 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "The proposed change in zoning appears not to be contrary to the Comprehensive Plan requirement as it would, if noted, make the area consistent with adjacent zonings and usages." Staff Comment: This rezoning application is being addressed concurrently with the Applicant's request for a Small Scale Development Plan Amendment (SSA) to the City's Future Land Use Map (FLUM) to change the Future Land Use designation from Single - Family to Industrial. Staff has recommended approval of that request and found the change to be consistent with the Comprehensive Plan. If the Applicant's request for an Industrial designation on the FLUM is approved, the only zoning district that is consistent with the Industrial Future Land Use category is IND, Industrial, and the Applicant's requested rezoning would have to be approved. On the other hand, If the City denies the FLUM change to Industrial, a rezoning to Industrial would be inconsistent with the City's Comprehensive Plan and could not be approved. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. "The proposed usage of an industrial parking area would be consistent with the proposed industrial zoning. The LDR's would allow for the parking and storage of vehicles and large truck parking overnight. Currently the adjacent areas utilize the surrounding areas as large truck parking as well." Staff Comment: The LDRs do not specifically identify outdoor vehicle storage or the operation of a vehicle towing business as a permitted use in the Industrial Zoning District. However, outdoor vehicle storage has been interpreted as qualifying under item (9) in the list of permitted uses, which reads "outdoor sales and storage, building contractor ". Serving I to,kL, 4xn1 0 ., ernnmut, Since 195H Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R 3. The proposed use will not have an adverse effect on the public interest. "There are no foreseeable adverse impacts on the rezoning to industrial. The industrial as stated is zoned to the east of the property and north. The proposed is adjacent to the railroad corridor as well. The buffer from the rail would also allow for the non - consistent zoning on this property." Staff Comment: As explained in the Staff Comments to the Applicant's request for the property to be designated Industrial on the Future Land Use Map, the impacts upon public facilities and services for the storage of towed vehicles or for other allowable and more intense Tight industrial uses is seen as minimal both in the absolute sense and in comparison to the uses now allowed on the property. Further, we believe the subject property is suitably located for an industrial use and that its size is adequate to provide for appropriate buffering and screening from the nearby residential uses to the extent that may be necessary, and therefore should have no adverse effect upon the public interest. 4. The proposed 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 proposed industrial usage is appropriate as it is in the industrial corridor along the rail spur. The area surrounding the zoning change would also allow for a better usage in the rail road corridor." Staff Comment: The property to the immediate east of the subject is industrial. While the property to the immediate west of the subject property is designated and used for single - family use it, like the subject property, is adjacent to the railroad. Therefore, it would not be unreasonable to expect that the subject property would at some time in the future be put to a more intensive use than residential. The properties to the south are designated residential and are either vacant or in single - family use. We believe the subject property is suitably located for an industrial use and that its size is adequate to provide for appropriate buffering and screening from the nearby residential uses. Therefore, given its adjacency to the railroad and ability to buffer its effects upon adjacent residential properties, we believe the proposed rezoning to Industrial is reasonably compatible with surrounding land uses and is not contrary or detrimental to the urbanizing land use pattern. Serving nu,ida Local Corrnuuen, sink 19S8 Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R 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. "There are no adverse effects of property values. In fact, it is anticipated the property and surrounding area would potentially increase the adjacent values. The living conditions with an existing truck usage and adjacent usages and related zoning appears not to have any adverse effects as well." Staff Comment: Staff's assessment of the compatibility of the requested rezoning with adjacent land uses would support the opinion that the proposed use(s) will not adversely affect property values or living conditions. 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 site from the east is separated from the industrial usage by a large drainage ditch, to the north by the rail and a drainage ditch, and to the south by the roadway. The west is owned by the applicant as well." Staff Comment: There is nothing about the property that is so unique as to indicate that buffering, if needed, could not be accommodated. We would suggest, however, that access to the property would best be provided via NW 10 °i Avenue, which is at present, unimproved, rather than from NW 7th Court. This would ensure that NW 71' Court remains a primarily residential roadway and reduces the potential noise and traffic impacts, from tow trucks coming to and from the property, upon nearby residential properties. 7. The use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "The local change in zoning from the usage of traffic would be greatly reduced from the existing multifamily zoning. The traffic projected from then residential single family district would typically be 5 trips per day per unit; 100 peak hour, while it is anticipated usage is less, the peak hour generated traffic would be considerable less. Anticipated traffic is less than 15 -20 peak hour trips including employees." Staff Comment: The proposed use is not residential and therefore has no density component or effect upon schools. Furthermore, the intensity of the proposed use has been described in both this and the Staff Report for 16 -001 -SSA in a manner that clearly indicates that neither the proposed storage of towed vehicles nor other likely or allowable industrial uses would overburden water, sewer, solid waste facilities or local transportation facilities. Seising rluriil, I< -,I G <n ennuc,n Since 1958 Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "Traffic congestion, due to the projected reduced trips would be less than the existing. The flooding and drainage concerns would also be alieved as the project area would fall under a site plan submission for development." Staff Comment: At maximum development under the current Single- family FLU designation and a trip generation factor of one trip in the peak hour, a total of about 10 trips would be generated. There is no traffic generation factor for a vehicle towing yard. However, one would not expect a high volume of traffic during the peak hour. The Applicant has estimated between 15 and 20 trips during the peak hour. Such a limited increase in traffic volume could not be expected to have a significant effect upon local roadways. Alternatively, if 25,000 square feet of Tight industrial use were to be developed on the site, it would be expected to generate about 0.97 trips /1,000 square feet in the peak hour — or about 24 trips. This is not dramatically different from that which could be expected under the current Single- family Residential FLU designation or the proposed towed vehicle storage yard. No significant structural improvements are expected to be put into place on the property. In the event impervious surfaces are increased significantly, the Applicant will be required to meet all standards required by the City of Okeechobee and the South Florida Water Management District. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "The property has not been inordinately burdened by unnecessary restrictions." Staff Comment: Neither conventional industrial uses nor the proposed towed vehicle storage yard use have been inordinately burdened by any unnecessary restrictions. Ser, x norid3 L,a.d c, s • ,,,, , Sing • 1988 Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R Recommendation If the City approves the requested amendment to change the Future Land Use Category of the subject property to Industrial, the only Zoning District consistent with that designation is the Industrial Zoning District. Therefore, the rezoning request should be approved. Otherwise, if the requested Future Land Use change is denied, then the requested zoning change should also be denied on the basis of its incompatibility with the Comprehensive Plan. Submitted by: Wm. F. Brisson, AICP Planning Consultant May 11,2016 Planning Board Hearing: May 19, 2016 City Council 1St Reading: June 21, 2016 (tentative) City Council 2nd Reading: July 19, 2016 (tentative) Attachments: Future Land Use, Subject & Environs Zoning, Subject & Environs Existing Land Use, Subject & Environs Sec vinyl n...ia, Local Ga.cmmani, Since 1968 Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16-001-R FUTURE LAND USE SUBJECT SITE AND ENVIRONS II i 11 t. 1 14 i:IIiiilW7 7 • ONCEelg, :!;:gwl•e-i•j Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16-001-R ZONING SUBJECT SITE AND ENVIRONS 8 ZONING al um- cow eg,sgmess 04111friC, lat CI,* $ENA" etWildIFACIAL. al USN? =Wan At CP0,, COW PROgrAS;Ch,.... 11 *1 SOU24.0 a *Et Merkerlitffit ..41- P4094.4 fi4CWItS ftriAtOLIM Putr.F2 JAL M.41144001.t 4,-mm RESCENTAL MOLL* 4,0710/ k'SF *flURIttill#4 Sikatt 14WaY Rtfin ,RESONKMALSKOLEtAMtlf '471111111164.4kitingii2,01140,10.101151014414.4.-i*p.i 44.04,... g,rtli4r Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16-001-R EXISTING LAND USE SUBJECT SITE AND ENVIRONS 10 BOARD - PAGE 5 OF 7 ACTION - DISCUSSION - VOTE L C O) f0 N @ (L rt C CO > a o e .y m U m L C > a) E _o y o CL U V T O - U 1- O (a 0 O (1) E "a 'O O L 0 C 9 ' U 0 a) N - O ' - o U @ Z J g -o c 0 O cu 03 C N 3 U ▪ TEL O (A 2 Q a Z Chairperson Hoover asked whether there was any further discussion. There was none. w F- O N Co' m� m °- E C0 1-3 y 0 3 -c W - ▪ .0 J C «O N N E N Op O O O y O) C C1 0 O U Q Cl co T C Om a) u) _c -0 } U > vi L �' C C E .D C O • > @� 0 N O C C ii) TA O O Q C m@ L -O C C a o a) o U n ua)) O i 1° 3 0 •O a- Z m0 y U _c 33 a) 0 - O 0 Q C L O N 0- L @ O LA- C -6" @ V o O@ .0 uj c a) C O = 0_� 0 ) w ai Y o 0 -.) y y to Z • O C y 'O w -o L E O Q . @ ° C N u-- CD O O _ _w cp L y O �O @ N -o t7 Fe" C 0 L-2 N y O -a O C Q m O� C O) U 0 0 a N @ 0 0 m O 2 O O 0 E 13 2 .�5 p tq in O_ C 0 'o O, �'~ NUS Qn �3 lA - C @ u) O @ c a) cu a) O C OV � d 0 C N 0 CO y N Q . J U 0@ c17) c V c C w 1.11 Q f0 _ £ co d c O 0. O Q @ C n @ @ - l O c 3 E Q V) 0 z W �i G• c C a- L@ U •� E a) T y N ea CO ▪ Y T r= o m fO E FL- m 3 3 U -O 0) Z a) d O M C U H vi N C 0 f.. 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Hear from Planning Staff. O a) a) E .0 Ce @ N _J >, 0 2 0 • 0 0 1 c C B a) as O) 0 a) y CI) y C 0 CD - CI E O y C O O a) o- 0. `o Z` 2 y @ 0_ C N • N 0 L E ( ) E U O 03 w O 0 m m = a7 2 a r) V MAY 19, 2016 - PLANNING BOARD - PAGE 6 OF 7 ACTION - DISCUSSION - VOTE tn m a) o o N != 'O >. >+ C "O - ) L ON U . T 'O U c = U c p .-. N O E t� N Y "~ z U O 2 U C . ) N Q) L 7 ° � y j € o o 1 UN O Q a) a) E 3" c a m J c > ca ' y o a) 0 o _ ° 3 a a a S C 7 o C T O N 0 CL 4) O c _ L ° al N 'C C Q - Q C C CL'- )- U m U O m 0 C U y (O 0 c ,7 N @J >. w a @ L a O CU -e o o 7 m a) " NQ o N a a c N ati a L a) O > U o E ti: ° ° 7 U O °7 Z O0 O o - Y -° .z` o0 L d 0 N O CN n N C O U C _ 'O 0 ° n ° Zs -0 LO r - O nt n ) U N a N V co 1y O > . (y U 3 ° U7 0.2 N. N. O . N ° O U y C .. O G 7 O Y N t C N N C N �C m O N C 'O O t N-. > pm N C N "O C y. C.3 70 d0 0 O -, L CO m m L u' N LL 3 'O -O O L co as a) 0 2 f -co m n'-i- L •C L O m C C N @ N N O O N° a U coi CS . ° 3 �C U 'O ca a o z. m 3 ° ) o Z . .0 w a) a) �7 S 03 t-5 cn -C U C d~ "O a) R .c C ti) N N ,as a) 7 z. N a) cu CO C) 0 O C N r (O O U L 0 d L O .7 O U N 0-0 a) N N f6 .°. N o C E N< N lfL n •v L c N m>-...._ c « v 3 C C A O 3 CO y O) a) n 0 O) C n 6 'T ° V) V 7 al O O m N c E a a) c o m s -E E LO 3 .� .0 d'O '- a7 L d ) U _ 3 t ~ O U O U C n Z LN C 0 j C O L Z d U N O n N 7 in . O CV N N nm 7 a) �) N B ) ° vN C Z T O . E rn E _c -a C L O) m ` a_) ._ a T Y " u C) C a) a O 7 c Y yL v _ ' L U .co L m y c+i m E N 7 a) a C6 a) a) ' O N I O O m fC a_ a) U iii L cO CO ' N p p O R N L ° O A U .� n O > L F- N 7 02 00 p Q 'O co a) N N > H o m �y .0 c CO aa) ° N 3 C O R V — j O c c ° 3° ° L y N v — . s U 4, A n N C N C N C T° 0) -C a) N C 'N N N° N d o Ca y O N 7 c n OL N ' 2 O O N C y N n N L N 0 ~ O T ° co ° ' a) o ,c m ' O N a c a' Iii � m o .� R j 3 � ~ ip -3 O m y 7 O) .0 N ° U v N mQN m LE Tamt iv 3 L .3 O 3 o 2N C rnma a) U 7a C - O C U a 2 aL o 2 a) 0 N a) 3. 3._ 'N C N O 0 ° _o 0 a) co > N nO .0 N O C TL U L N d ° ° N 0() U T t _.. N T. -° C a ° n N ">, _ a LL 0) c,_ 0 c E aj m D � C O a L` o a ° ° C L c O C N O o a a t C C n N O N T Z" L to N N c t ° > o 0 ° v >CO C . R 7 = a) Ny w p 7 a) e c r n c > °' U E L N N 7 .o U a a) 3 0 a) 3 )) a O" a) a) -O 3 0 R N p N a) C m 7.0 c -0 0 N a) (6 NO N � C f0 O n N R h N U °O C E O a a •= p co N U =° rn C ° i > N C 7 E V � TS a) a) Y N ,c N ° 0 U > > O O a) 7 b ° R 0 N n O N O a) > C a O N Q O O. O aN Q. .0 C ° C C T j C Q o 7 7 _ 'j O y O C a> °O S O m v L ) L ca Q. m . n.X ._ cs) w o 23 E U � co co '- „ Y ..- co- c 0= .C.,.., rO C C Q 7 O N O c -` '° O ° O ` Q C O To N a) T. O d Qm L ° O aO 3 . C z tN ` a) C N n ` C L E• D 'C d O O O) L h- a) 4) a) 0 2-... • = N a) L N a O .S? O p Ee - t L ) N Q. Co ° to N N 0 a 0 Ca a . j 0 C 7> 0 0 O N a) O L U c du. ra e.c 7 O o- U WC)LLC H 0 CZ a) 0 U C 2a..-d0 U Z W Q b) Board discussion. • BOARD - PAGE 7 OF 7 ACTION - DISCUSSION - VOTE w F- O BAUGHMAN - YEA BATTON - YEA 0 U HOOVER - YEA MOTION CARRIED. O'BRIEN - YEA >- w w Y JONASSAINT - ABSENT MCCREARY - ABSENT CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:48 P.M. E 0 0 a f6 J L O C E a a) E co O N 6 C (T3 a) 1)) a`) 'a L N t 0 a) a) c a) O Y C R 2 > o O L l- c o E o `m" C b) U Ce There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:49 p.m. Z w O C O U U a) O O -0-p w a) a) Z 2 U 0 N 0 C 2 w °o F_ oco J E co o z O -° o - ) CO U N Q 43 /= c c V ° E z � O Q u n U u J m V CLOSE PUBLIC HEARING — Chairperson. t7 W a to a) J E a c o o c y N_ N � a) CJ v= o ao L c E y d -C co >,....- _c a) 0 N O °mE 0Y E u, -a a m . u ns al a6i d c°; .n E a H > o N as . a a) p N `m w_ .7 a) E' o-Q a C N a) a d c a .,N., n. c c c tO a) 0) a) W C C H vU 3a) °E O O d j Q ,c m 'O f6 A a E " d Fs a) !am N N ce I C a y .0 U N To we C ° y U a) a ao L f6 3 0 E N a0 a) Z U m C a) o rn N CO _ U Z a) a O z C a) L QI in a) a c o u 03 o N = -° °_ 0 U Ci 0 w m v a v Z Q Q d n m E 2 5 Dawn T. Hoover, Chairperson Patty M. 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C L b) Board discussion. p., ....4 u, 0 CD c) -4 al (r) C) -0 13 Ejj a .. 0) zd 59' c'Co g' M 0 0 (..° ° a Z ° a) —1 - a 0 . co cr 3 a a> 0 0 a 0 0 or cr, 3 IS us' 13 a 3 • 3" CD CD 0 co = a 2 2 s _E, aci z— >cx...f>, 2. -. cl CD .< (D g if 71 "0: -CI: -o• ..,,,<Der. ,,i c o s sn 0 Ci . o o < w = -, •-t. ,,,) O ..:-., C) = g P 0. -0 CD CD 0' co '.o. 2 § -c"; 2- --,- cr, 0 Ec -0 di' 0 CD ta SP, 0 0 0 CD CD Ci <D CLOSE PUBLIC HEARING — Chairperson. 33 5' 0 0 0 CD o o o 3 CD CD M 0 0 0, There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:49 p.m. (00) CD 0- > c_ _= -13 -.t 0 0 X P 0 Go 3 --■ 0 CD 0 0' = co 0 Z 0_ a; 0 X Cb 0) 0 5' CD 0 CTO Cl.) • M 0 7l- XI 0' O CD 0 0. 0 @ CD r- •-", 0 O * o 4 =.- co CD CD CD zi3 5 m -, CI o. Ca 0 CD - 4 0_ 5.... m 0 CD .... a3 -a $ . a 0 ca CD „R- FD. --) 0 X 0 • fit = > •-‹ 0 Zi. 2 --., ..0 0 -' 0 0 CD > 0 CO -I ur 01 co. :4.. Q. CD 0 73 ED i:5' 3 0 CD as 0 0- 0) 3 C .1.7 D 0 = 0- (/3 Fi. 6 Z co co = 0, CD 0) (0 CD 0 0 0. Eli 0 -<- CD CD CD 0 c- '0 0 3 ,.. 0 (0 ,.... JONASSAINT — ABSENT MCCREARY — ABSENT -n V3A - N3R18,G 'a3RIEV8 NOIlOW V3A -113A001-1 V3A - A08OW V3A — N011V8 V3A -NVINHJfV8 5/a011,0 Mr, Stepher) Moore, ca_ofcl irgliery 0 rez,o■nlh.3 hi's pvciyi+Li (yr O /9 LO1 JO , 13 13 -IL I PI (}3 I a_p p L. reif I o--n , no obrd-?ors or ())1 3er-ern\I p '14 rr- 611? Staff Report Rezoning Request &e c�rreC- -20L PIonwEJ &Pr 155tud CI-LaciJ /.919 n )GpS t lCcrre an `SUS l td IStxec 1b Picuindt3 1 acrd m Prepared for: The City of Okeechobee Applicant: Jeremy LaRue Petition No.: 16 -001 -R 84 Management Services, Inc. I ►'i awn wrr*, suite toot Wen, ilntkb 1s9-314- 356e Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R General Information Owner /Applicant Site Address Contact Person Contact Phone Number Contact Email Address Dennis Ray and Linda May Wilson 1102 NW 7th Court Okeechobee, FL 34972 Corner of NW 7th Ct. and 10th Avenue Okeechobee, FL 34972 Jeremy LaRue 863 - 634 -7708 Totalroadsideservice @hotmail.com Legal Description of Sub'ect Property Parcel Identification Number: 3- 16- 37 -35- 0160- 00130 -0010 Legal Description: LOTS 1 THROUGH 18, INCLUSIVE AND WEST 1/2 OF LOT 19, BLOCK 13, NORTHWEST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 25, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA Request The matter before the Local Planning Agency and City Council is an application for the rezoning of a 2.25 -acre parcel currently zoned "Holding" to Industrial. The parcel is also the subject of a concurrent Small Scale Development Plan Amendment application (16 -001 -SSA) to change the Future Land Use designation from Single- family Residential to Industrial. The purpose of these amendments to the Future Land Use Map and Zoning Map is to allow, on the site, outdoor storage of vehicles associated with the Applicant's vehicle towing business. The current and proposed Future Land Use designations, zoning, existing use, and acreage of the subject property and surrounding properties are shown in the following tables. Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R Current Future Land Use, Zonin • and Existin • Land Use Characteristics Future Land Use Category Zoning District Use of Property Acreage Existing Single- Family Residential Holding Vacant 2.25 ac. Proposed Industrial Industrial Vehicle towing yard with outdoor storage of vehicles 2.25 ac Future Land Use, Zonin • , and Existin • Uses on Surroundin • Pro • erties Future Land Use Map Classification North Zoning District Existing Land Use Future Land Use Map Classification East Zoning District Existing Land Use Future Land Use Map Classification South Zoning District Existing Land Use Future Land Use Map Classification West Zoning District Existing Land Use Industrial Industrial Railroad, industrial and vacant Industrial Industrial Industrial, Witter Harvesting Single- family RSF1 Single - family homes and vacant lots Single- family Residential RSF1 Multiple single - family dwellings Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R Analysis Section 70 -340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The Applicant has provided comments to each of the required findings. These are repeated below in Times Roman typeface. Staff comments follow in this Arial typeface. 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "The proposed change in zoning appears not to be contrary to the Comprehensive Plan requirement as it would. if noted, make the area consistent with adjacent zonings and usages.- Staff Comment: This rezoning application is being addressed concurrently with the Applicant's request for a Small Scale Development Plan Amendment (SSA) to the City's Future Land Use Map (FLUM) to change the Future Land Use designation from Single - Family to Industrial. Staff has recommended approval of that request and found the change to be consistent with the Comprehensive Plan. If the Applicant's request for an Industrial designation on the FLUM is approved, the only zoning district that is consistent with the Industrial Future Land Use category is IND, Industrial, and the Applicant's requested rezoning would have to be approved. On the other hand, If the City denies the FLUM change to Industrial, a rezoning to Industrial would be inconsistent with the City's Comprehensive Plan and could not be approved. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. '`The proposed usage of an industrial parking area would be consistent with the proposed industrial zoning. The LDR's would allow for the parking and storage of vehicles and large truck parking overnight. Currently the adjacent areas utilize the surrounding areas as large truck parking as well." Staff Comment: The LDRs do not specifically identify outdoor vehicle storage or the operation of a vehicle towing business as a permitted use in the Industrial Zoning District. However, outdoor vehicle storage has been interpreted as qualifying under item (9) in the list of permitted uses, which reads "outdoor sales and storage, building contractor ". Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R 3. The proposed use will not have an adverse effect on the public interest. ``There are no foreseeable adverse impacts on the rezoning to industrial. The industrial as stated is zoned to the east of the property and north. The proposed is adjacent to the railroad corridor as well. The buffer from the rail would also allow for the non - consistent zoning on this property. "' Staff Comment: As explained in the Staff Comments to the Applicant's request for the property to be designated Industrial on the Future Land Use Map, the impacts upon public facilities and services for the storage of towed vehicles or for other allowable and more intense light industrial uses is seen as minimal both in the absolute sense and in comparison to the uses now allowed on the property. Further, we believe the subject property is suitably located for an industrial use and that its size is adequate to provide for appropriate buffering and screening from the nearby residential uses to the extent that may be necessary, and therefore should have no adverse effect upon the public interest. 4. The proposed 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 proposed industrial usage is appropriate as it is in the industrial corridor along the rail spur. The area surrounding the zoning change would also allow for a better usage in the rail road corridor." Staff Comment: The property to the immediate east of the subject is industrial. While the property to the immediate west of the subject property is designated and used for single - family use it, like the subject property, is adjacent to the railroad. Therefore, it would not be unreasonable to expect that the subject property would at some time in the future be put to a more intensive use than residential. The properties to the south are designated residential and are either vacant or in single - family use. We believe the subject property is suitably located for an industrial use and that its size is adequate to provide for appropriate buffering and screening from the nearby residential uses. Therefore, given its adjacency to the railroad and ability to buffer its effects upon adjacent residential properties, we believe the proposed rezoning to Industrial is reasonably compatible with surrounding land uses and is not contrary or detrimental to the urbanizing land use pattern. Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R 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. "There are no adverse effects of property values. In fact, it is anticipated the property and surrounding area would potentially increase the adjacent values. The living conditions with an existing truck usage and adjacent usages and related zoning appears not to have any adverse effects as well." Staff Comment: Staffs assessment of the compatibility of the requested rezoning with adjacent land uses would support the opinion that the proposed use(s) will not adversely affect property values or living conditions. 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 site from the east is separated from the industrial usage by a large drainage ditch, to the north by the rail and a drainage ditch, and to the south by the roadway. The west is owned by the applicant as well." Staff Comment: There is nothing about the property that is so unique as to indicate that buffering, if needed, could not be accommodated. We would suggest, however, that access to the property would best be provided via NW 10th Avenue, which is at present, unimproved, rather than from NW 7th Court. This would ensure that NW 7th Court remains a primarily residential roadway and reduces the potential noise and traffic impacts, from tow trucks coming to and from the property, upon nearby residential properties. 7. The use will not create a density pattern that would overburden public facilities such cis schools, streets, and utility services. "The local change in zoning from the usage of traffic would be greatly reduced from the existing multifamily zoning. The traffic projected from then residential single family district would typically be 5 trips per day per unit; 100 peak hour, while it is anticipated usage is less, the peak hour generated traffic would be considerable less. Anticipated traffic is Tess than 15 -20 peak hour trips including employees." Staff Comment: The proposed use is not residential and therefore has no density component or effect upon schools. Furthermore, the intensity of the proposed use has been described in both this and the Staff Report for 16- 001 -SSA in a manner that clearly indicates that neither the proposed storage of towed vehicles nor other likely or allowable industrial uses would overburden water, sewer, solid waste facilities or local transportation facilities. Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "Traffic congestion, due to the projected reduced trips would be less than the existing. The flooding and drainage concerns would also be alieved as the project area would fall under a site plan submission for development." Staff Comment: At maximum development under the current Single- family FLU designation and a trip generation factor of one trip in the peak hour, a total of about 10 trips would be generated. There is no traffic generation factor for a vehicle towing yard. However, one would not expect a high volume of traffic during the peak hour. The Applicant has estimated between 15 and 20 trips during the peak hour. Such a limited increase in traffic volume could not be expected to have a significant effect upon local roadways. Alternatively, if 25,000 square feet of light industrial use were to be developed on the site, it would be expected to generate about 0.97 trips /1,000 square feet in the peak hour — or about 24 trips. This is not dramatically different from that which could be expected under the current Single- family Residential FLU designation or the proposed towed vehicle storage yard. No significant structural improvements are expected to be put into place on the property. In the event impervious surfaces are increased significantly, the Applicant will be required to meet all standards required by the City of Okeechobee and the South Florida Water Management District. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. `The property has not been inordinately burdened by unnecessary restrictions." Staff Comment: Neither conventional industrial uses nor the proposed towed vehicle storage yard use have been inordinately burdened by any unnecessary restrictions. Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R Recommendation If the City approves the requested amendment to change the Future Land Use Category of the subject property to Industrial, the only Zoning District consistent with that designation is the Industrial Zoning District. Therefore, the rezoning request should be approved. Otherwise, if the requested Future Land Use change is denied, then the requested zoning change should also be denied on the basis of its incompatibility with the Comprehensive Plan. Submitted by: Wm. F. Brisson, AICP Planning Consultant May 11,2016 Planning Board Hearing: May 19, 2016 City Council 1st Reading: June 21, 2016 (tentative) City Council 2nd Reading: July 19, 2016 (tentative) Attachments: Future Land Use, Subject & Environs Zoning, Subject & Environs Existing Land Use, Subject & Environs 1 Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R FUTURE LAND USE SUBJECT SITE AND ENVIRONS 10 1 11 12 1 1 115 NW 1 SJ N11111111 1111 67 11 8 COMPREHENSIVE PLAN LAND USE 1 SINGLE - =A CUt MULTI - PAMIL* COMMERCIAL - INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE Senin32 Florida Li xal Government% Sine 19*$ 8 Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R ZONING SUBJECT SITE AND ENVIRONS I i • ZONING - CBD - COMM BUSINESS DISTRICT - CHV - HEAVY COMMERCIAL CLT - LIGHT COMMERCIAL CPO - COMM PROFESSIONAL OFFICE H - HOLDING N7 - INDUSTRIAL JB - PUBLIC FACILITIES JD -MIRED PUD -R RMF RESIDENTIAL MULTIFAMILY RMH - RESIDENTJAL NOBLE HOME RSF1 - RESIDENTIAL SINGLE FAMILY RSF2 - RESIDENTIAL. SINGLE FAMILY (2' ti.. -„ uu• FI. .∎rids lex a2 Got rtnmrnt% Sint*. 1988 Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R EXISTING LAND USE SUBJECT SITE AND ENVIRONS ,sin. ri,,,0i. r, 10 Bobbie Jenkins From: Bobbie Jenkins Sent: Friday, July 22, 2016 2:07 PM To: Bill Brisson; LaRue - Gloria Cc: Lane Gamiotea; Patty Burnette Subject: Ordinance 1135 (16- 001 -R) Attachments: Ord 1135 Publication Affidavits.pdf; 1135 Zoning.pdf Attached are copies of adopted Ordinance No. 1135 (16- 001 -R) along with all publication affidavits. Please let me know if you need additional information. Once the July 19, 2016, City Council Minutes are completed, I will forward a copy on to you. Have a good weekend O Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3" i Avenue Okeechobee, FL 34974 Phone: (863) 763 -3372 ext. 215 Fax: (863) 763 -1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 Bobbie Jenkins From: Bobbie Jenkins Sent: Friday, July 22, 2016 2:11 PM To: Property Appraiser Ofc - Russ Duncan (r.duncan @okeechobeepa.com); Celeste Smith; ' totalroadsideservice @hotmail.com' Cc: Lane Gamiotea; Patty Burnette Subject: City of Okeechobee Ordinance No. 1135 Attachments: 1135 Zoning.pdf Good Afternoon, Attached you'll find Ordinance No. 1135, adopting Rezoning Petition No. 16- 001 -R, changing approximately 2.25 acres from City of Okeechobee Holding to Industrial. This copy is for your records. Should you have any questions, please contact me. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763 -3372 ext. 215 Fax: (863) 763 -1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 Bobbie Jenkins From: Bobbie Jenkins Sent: Monday, July 18, 2016 3:13 PM To: 'totalroadsideservice @hotmail.com' Cc: Lane Gamiotea; Patty Burnette Subject: City Council Meeting July 19, 2016 Attachments: Agenda July 19 2016 Regular Meeting.pdf; Agenda 07 19 16 Ex 1.pdf Good Afternoon Mr. LaRue, This is your official notice for the final public hearing, application no. 16- 001 -R. Attached is a copy of tomorrows City Council Meeting agenda as well as Exhibit 1. Your item is VIII.A. The meeting begins promptly at 6 p.m. A workshop will be in session and is scheduled to be done by 6:00 p.m. Upon arrival, if the workshop is still in session, please wait outside until adjourned. Please call us if you have any questions or if you can not attend. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3 `d Avenue Okeechobee, FL 34974 Phone: (863) 763 -3372 ext. 215 Fax: (863) 763 -1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 Bobbie Jenkins From: Bobbie Jenkins Sent: Monday, June 20, 2016 4:16 PM To: 'totalroadsideservice @hotmail.com' Cc: Lane Gamiotea; Patty Burnette Subject: City Council Meeting June 21, 2016 Attachments: Agenda June 21 16.pdf; Exhibit 1 June 21, 2016.pdf; Exhibit 2 June 21, 2016.pdf Good Afternoon Mr. LaRue, This is your official notice for the final public hearing, application no. 16- 001 -SSA, and first reading for petition no. 16- 001-R. Attached is a copy of tomorrows City Council Meeting agenda as well as Exhibits 1 & 2. Your items are VIII.A and IX.A. The meeting begins promptly at 6 p.m. Please call us if you have any questions or if you can not attend. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3`d Avenue Okeechobee, FL 34974 Phone: (863) 763 -3372 ext. 215 Fax: (863) 763 -1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 Patty Burnette From: Patty Burnette Sent: Monday, June 13, 2016 11:50 AM To: ' totalroadsideservice @hotmail.com' Subject: Small scale and rezoning 16 001 -SSA & 16 -001 R Attachments: PB Minutes 051916.pdf Dear Mr. LaRue: This letter is to officially advise you that the Planning Board at its regular meeting on May 19, 2016, recommended approval to the City Council, for your Comprehensive Ran Small Scale Amendment, Application No. 16- 001 -SSA to change the Future Land Use classification from Single Family to Industrial and for Rezoning, Petition No.16 -001 -R to change the Zoning from Holding to Industrial for Lots 1 through 18, and the West half of Lot 19, of Block 13, Northwest Addition, Plat Book 1, Page 25, Public Records of Okeechobee County, Florida, containing approximately 2.25 acres and located at 1000 Northwest 7'h Court for the proposed use of an outdoor storage lot for a towing yard. The Application will be forwarded to the City Council for consideration to adopt at a Final Public Hearing on June 21, 2016. The Petition will be forwarded to the City Council for first reading on June 21, 2016 and a Final adoption Public Hearing on July 19, 2016. These dates are tentatively scheduled and are held in the Council Chambers, Rm 200 at 6:00 PM. Attached herewith please find a copy of the May 19, 2016 Planning Board /Board of Adjustment and Appeals minutes for your records. Should you require additional information please do not hesitate to contact me. Sincerely, Patty Pa (-9 M. a wr n- e-tfe/ general Services Coordii tat or Cir1! of Okeechobee 55 Southeast 3r61 '4vetttte O{ieecitohce, `F.£ 34974 1 Patty Burnette From: Patty Burnette Sent: Monday, May 16, 2016 9:48 AM To: ' totalroadsideservice @hotmail.com' Subject: PB /BOA Meeting May 19, 2016 Attachments: Agenda May 2016.pdf; 16 -001 -SSA LaRue per WFB.pdf; 16 -001 -R LaRue.pdf Hi Jeremy. Please be advised that the Planning Board /Board of Adjustment and Appeals of the City of Okeechobee will be considering the following on Thursday, May 19, 2016 at 6:00 p.m., or as soon thereafter as possible, in the City Council Chambers: • Application No. 16- 001 -SSA Comprehensive Plan Future Land Use Map classification change from Single Family to Industrial for Lots 1 through 18, inclusive and the West 1/2 of Lot 19, Block 13, Northwest Addition to Okeechobee, Plat Book 1, Page 25, Public Records of Okeechobee County, Florida, containing approximately 2.25 acres and located at 1000 Northwest 7th Court. • Rezoning Petition No.16 -001 -R to rezone from Holding to Industrial for Lots 1 through 18, inclusive and the West 1/2 of Lot 19, Block 13, Northwest Addition to Okeechobee, Plat Book 1, Page 25, Public Records of Okeechobee County, Florida, containing approximately 2.25 acres and located at 1000 Northwest 7th Court to conduct a vehicle towing business with outdoor storage of vehicles on the site. A copy of the Planning Board /Board of Adjustments and Appeals Agenda is attached, along with copies of the Staff Reports. Should you have any questions, or if you, or a representative, cannot attend this meeting please let me know. Thank you, Patty Pa-fty M. 6t -Y f-f-e, general Services Coordinator City of Okeechobee SS Southeast 3rd Avenue Okeechobee, TL 34974 1 Staff Report Alley Vacation /Abandonment Request Prepared for: The City of Okeechobee Applicant: Charles H. Paschal & Frank DeCarlo Petition No.: 16-001-AC 1 - Planning & Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 239- 334 -3366 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name(s): Charles H. Paschal & Frank DeCarlo Vacation of a portion of an east -west alley through block 49 Request The matter before the TRC is an application to vacate a portion of the platted but unim- proved 20 -foot wide alley running east and west through Block 49, more particularly describe in the legal description of the property. The portion of the alley to be vacated encompasses about 0.17 acres. General Information Owner Agent Site Address Contact Person Contact Phone Number Contact Email Address Charles H. Paschal and Frank DeCarlo 500 Coker Road East Fort Pierce, FL 34945 (772) 370 -5218 CPaschal @central.com Jennifer L. Williamson Crary Buchanan, Attorneys at Law 759 SW Federal Highway, Suite 106 Stuart, FL 34994 The alley, approximately 20 feet by 370 feet, located immediately south of lots 1 -7, Block 49 in the City of Okeechobee, which lots are owned by Charles H. Paschal and Frank DeCarlo. Jennifer L. Williamson (772) 287 -2600 Legal Description of Subject Propert A PORTION OF THE 20 FOOT WIDE ALLEY, RUNNING EAST AND WEST THROUGH BLOCK 49, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5 PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SAID PORTION BEING BOUNDED AS FOLLOWS; BOUNDED ON THE NORTH BY THE SOUTH LINE OF LOTS 1 -7 OF SAID BLOCK 49; BOUNDED ON THE SOUTH BY THE NORTH LINE OF LOTS 20 -26, OF SAID BLOCK 49; BOUNDED ON THE EAST BY A LINE RUNNING FROM THE NORTHEAST CORNER OF LOT 26 TO THE SOUTHEAST CORNER OF LOT 1 OF SAID BLOCK 49; AND BOUNDED ON THE WEST BY A LINE RUNNING FROM THE NORTHWEST CORNER OF LOT 20 TO THE SOUTHWEST CORNER OF LOT 7 OF SAID BLOCK 49. CONTAINING 0.17 ACRES MORE OR LESS. Serving Florida Local Governments Since 1988 2 Staff Report Applicant's Name(s): Charles H. Paschal & Frank DeCarlo Vacation of a portion of an east -west alley through block 49 Characteristics of the Subject Propert Future Land Use Map Classification...... -.. Zoning District Use of Property Acreage Existing Industrial Industrial Vacant. 0.17 acres (7,400 sf) Proposed Al NMI Industrial AMMIII Industrial Vacant mosmosemossim 0.17 acres (7,400 sf) Description of the Subject Site and Surrounding Area The subject of the street vacation is a 20 by 370 -foot vacant, unimproved, alley right -of- way laying between the properties to the north and south owned by the Applicant. The unimproved alley runs from the platted right -of -way of NE 3rd Avenue and dead -ends at the eastern boundary of the Glades Gas property which fronts on US 441 and abuts the western boundary of the Applicant's properties and the alley. The parcel to the north contains two warehouse buildings occupying the western half of the property with the balance being vacant. These buildings are nonconforming with respect to the required rear setback because they abut up to the alley. The portion of the alley requested to be abandoned appears to be used as part of vehicular circulation around the two warehouse buildings. The property to the south of the alley, also owned by the Applicant is about 40 feet deep and 370 feet wide and abuts the CSX Railroad property immediately to the south. The following aerial photograph depicts the right -of- way proposed to be abandoned and the surrounding areas. LaRue Serving Florida Local Governments Since 1988 3 Staff Report Applicant's Name(s): Charles H. Paschal & Frank DeCarlo Vacation of a portion of an east -west alley through block 49 Consistenc with Sec. 78 -33, Vacation of Ri • hts -of -Wa Sec. 78.33 states that applications to vacate a public right -of -way may be approved upon a finding by the City Council that the following requirements have been met: REQUIREMENT STAFF COMMENTS 1. Proposed vacation is consistent with the Comprehensive Plan. There is notl4ing in tine City's Compretiensive P /an concerning alleys. The property is designated industrial on tAe Future Land Use Map and will be used for purposes consistent witti Hie /ndustria/ Future Land Use Category. TAerefore, tAe vacation/ abandonment of tie alley and its subsequent use will be consistent with City's Compretiensive P /an. 2. Right -of -way to be vacated is not the sole access to any property, and the remaining access is not an easement. The alley rigtit -of -way is not ttie sole access to any property. A//properties abutting Mils alley rigtit -of- way Aave ve/ icu /ar access afforded from NE 9tA Street. 3. Proposed vacation is in the public interest and provides a benefit to the City. The only public benefits associated wit/l vacation of Hie subject alley rigtit -of -way are that.• a. After tie vacation tAe alley property will be subject to ad valorem taxation, and b. it is possible that the taxab /e value of the overall tract of /and on w/licti Me industries/ use is located may increase by virtue of its increased utility and elimination of its nonconforming status. 4. Proposed vacation would not jeopardize the location of any utility. The Applicant Gras submitted signed Utility Company Aut/torization Forms and /or Consent Letter from FPL, CenturyLink, Comcast, OUA and the FLO -GAS CORPORAT /ON stating no objection to tAe proposed vacation /abandonment. .Serving Florida Loca 1 Governments Since 1988 4 Staff Report Applicant's Name(s): Charles H. Paschal & Frank DeCarlo Vacation of a portion of an east -west alley through block 49 Recommendation Based on the foregoing information and analysis, we believe, from a planning perspec- tive, that the requested alley right -of -way vacation /abandonment is consistent with the requirements of Sec. 78 -33. Submitted by: Wm. F. Brisson, AICP Sr. Planner LaRue Planning & Management April 13, 2016 TRC Meeting: April 21, 2016 PB /BOA Meeting: May 19, 2016 City Council 1st Reading: June 21, 2016 City Council 2nd Reading and Public Hearing: July 19, 2016 Serving Florida local Governments Since 1988 5 4(1 klIDEPENDENT NEWSMEDIA INC. USA Okeecho 107 SW 17th Okeechobee, 863 -763 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of A/., in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 749// 6 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and s bscribed befo - me this r.�. .0/6 AD day of Notary Public, State of Florida at Large fl, ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES:April20, 2020 ; F ; : g t o Bonded Th i Notary PUDUC Uftdstwritet8 PUBLIC NOTICE ABANDONMENT OF RIGHT -OF -WAY PROPOSED CITY ORDINANCE NOTICE IS HEREBY GIVEN that the City Coundl of the City of Okeecho- bee, will conduct: a Public Hearing on Toes, 10. 19, 2016, at 6 PM, or as soon thereafter possible, at aty Hall, 55 SE 3rd Ave .Okeechobee, FL, to consider final reading for adoption of the following Ordinance into law: No. 1136: AN ORDINANCE OF THE QTY OF OKEECHOBEE, FLORIDA, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DE- SCRIBED HEREIN, WITHIN BLOCK 49, QTY OF OKEECHOBEE SUB- DIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE QTY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE - CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY FLORIDA; PROVIDING FOR CONFLICT' PROVIDING FOR SEVERABIL1TY; PROVIDING FOR AN EFFECTIVE The Ordinance Is regarding Abandonment of DATE.' g Frank DeCarlo, requesting �toydose property public 0-foot wide sllalley �nng�oEast to West between Lots 1 -7 and 20 -26 of Block 49, Oty of Okeechobee Plat Book 5, Page 5, Public Records, Okeechobee County, containing approxi- mately 0.17 acres. _ All members of the public are encouraged to attend and participate in said Hearing. The proposed ordinance may be inspected in its entirety by mem- bers of the public at the Office of the Oty Clerk during normal business hours, Mon -Fri, 8:00 AM -4:30 PM, except for holidays. ANY PERSON DECIDING TO APPEAL any dedsion made by the City Cound with respect to any matter considered at this meeting wlll need to ensure a verbatim record of the proceeding is made and the record indudes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities At (ADA), any person with a disability as defined by the ADA, that needs speclaal accommodation to par - tidpate in this proceeding, contact the Oty Cerk'ss Office no later than two business days prior to proceeding, 863 - 763 -3372. BE ADVISED that should you intend to show any document, picture, video or Items to the Council In support or opposition t0 any Item on the agenda, a co of the document, picture, video,. or Item MUST,be provided to the City Oerk for the City's records. By: Oty Clerk Lane Gamiotea, CMC 476779 ON 7/8/2016 Classified Proof Client Address 161381 - CITY OF OKEECHOBEE 55 SE 3RD AVE, Attn: Bobbie Jenkins OKEECHOBEE, FL, 34974 Order# 476779 Classification 5005 - Public Notice Start Date 07/08/2016 End Date 07/14/2016 Run Dates 8 Publication(s) newszap.com - Florida, Okeechobee News Sales Rep 4205 - Janet Levy Phone E -Mail Fax (863) 763 -3372 Ext: 0000 bjenkins@cityofokeechobee.com (863) 763 -1686 Ext: 0000 Requested By PO 4 4075 Created By JLEVY Creation Date 07/04/2016, 08:27:30 am Dimensions 2.4067 " X 3.6933 " Phone E -Mail Fax (302) 741 -8297 j levy @newszap.com (302) 741-8215 PUBLIC NOTICE ABANDONMENT OF RIGHT-OF-WAY PROPOSED CITY ORDINANCE NOTICE IS HEREBY GIVEN that the Oty Council of the Oty of Okeecho- bee, wit conduct a Pudic Hearing on Tues, Jul. 19, 2016, at 6 PM, or as soon thereafter posside, at City Hall, 55 SE 3rd Ave, Okeedwbee, FL, to consider final readng for adoption of the following Ordnance into law. No, 1136: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DE- SCRIBED HEREIN, WITHIN BLOCK 49, UT/ OF OKEECHOBEE SUB- DIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 5 O THE PUBLIC RECORDS OF OKEECHOBEE COQ RORIDA; 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 CONFLICT;; PROVIDING FOR SEVERABIUTY; PROVIDING FOR AN EFFECTIVE DATE. The Ordnance is regarding Abandonment of Rght- of -wsy Petition No. 16- C01 -AC, submitted b; the property oMers, thanes H. Paschal and Frank DeCarb, requesting to dose a public 20-foot wide alley running East to West between Lots 1 -7 and 20-26 of Block 49, Oty of Okeechobee Rat Rook 5, Page 5, Public Records, Okeechobee Canty, containing approxi- mately 0.17 acres. Al members of the public are encaraged to attend and participate in said Hearing. The proposed ordinance may be inspected in its entirety by mem- bers of the ptAc at the Office of the 0ty Clerk during normal badness hours, hbn -Fri, 8:00 P14439 N4, except for holidays. ANY PERSON DECIDING TO APPEAL any decision made by the Gty Council with respen to any matter considered at this meeting will need to ensue a verbatim record of the proceedng is rrede and the record includes the testimcery and evidence upon which the appeal will be based In aaor- dante with the Americas with Disabilities Pct (ADA), any person with a dsaslity as defined by the ADA, that needs speoal accommodation to par - tidpate in this proceectrg, contact the 0tv Clerk's Office no later than two business days prior to proceedrg, 863 -763 -3372. BE ADVISED that shag(' you intend to show any document, picture, video or items to the Comic in support a opposition to any item on the agenda, a copy of the dociment, picture, video, a item MUST be provided m the Oty Oak for the City's records. By: City deck Lane Garriotea, CNC 476779 ON 7/8/2016 Order Price Tax 1 Tax 2 Total Net Payment $94.50 $0.00 $0.00 $94.50 $0.00 Proofed by Janet Levy, 07/04/2016 08:28:07 am Page: 1 iDEPENDENT NEWSMEDIA INC. USA Okeechob 107 SW 17th 't, Su',e Okeechobed orida 1%6��Q 863 . -3144), , ?016 2 r�. 1,1 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 5/, f( f-2_0(6, Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and.s'ubscribed ore me this / I day of Q-( o),()/ AD Notary Public, State of Florida at Large ,'., ANGIE BRIDGES :; ,i, *: MY COMMISSION # FF 976149 fi_;�:o; EXPIRES: Apd120,2020 ".:4-W ho';','' Bonded Thtu Notary Public Underwriters PUBLIC NOTICE ,RIGHT - OF-WAY ABANDONMENT NOTICE LS HEREBY GIVEN that a PUBLIC HEARING will be held be- fore the Gty of Okeechobee Planning Board cmThur., May 19, 2016, 6 PM or as soon thereafter as possible, at Oty Hall, 55 SE 3rd Avenue, Coun- dl Chambers, Rio 200, Okeechobee, FL, to consider and receive Input on Abandonment of Right-Of-Way Petition No. 16- 001-AC, submitted by .the property owners, Charles H. Paschal and Frank DeCarlo. • Petition No. 16-001 -AC requests to vacate the 15 foot wide alley running East to West between Lots 1 -7 and 20-26 of Block 49, Gty of Okeechobee Plat Book 5, Page 5, Public Records, Okeechobee County, containing ap- proximately 0.17 aces. The petition may be inspected at the address above during regular business hours, Mon -Fri, 8 AM-4:30 PM, except for holidays. The public is encour- aged to attend. The Planning Board will offer a recommendation to the City Coundl, tenta- tively scheduled on June 21, 2016 (First Reading) and final adoption Public Hearing on July 19, 2016, 6 PM. ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board with respect to any matter considered at this meeting will need to en- sure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined the ADA, that needs speaal accommodation to par- ticipate in this proceeding, contact the General Services Office no later than two business days prior to proceeding, 863- 763 -3372. BE ADVISED that should you Intend to show any document, picture, video or Items to the Planning Board In support or opposition to any item on the agenda, a copy of the document, picture video, or Item must be provided to the Board Secretary Inc the Oty's records. BY: Zoning Administrator Marcos Monies De Oca, Petition No. 16-001 -AC 475872 ON 5/1,11/2016 ANGIE BRIDGES �� MY COMMISSION # FF 976149 4, b EXPIRES: Apd2 20, 2020 '•FO fit; P Bonded Thai Notary Public Uftdefwriters INDEPENDENT NEWSMEDIA INC. USA Okeechobee 107 SW 17th Okeechobee, 863 -7 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News; a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of /-cd144 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and bscribed efore me this it day of Cl(� o,O /�° Notary Public, State of Florida at Large • / c� -) 1 c( £e Katrina Elsken AD J BAs ida 2 uiteD .'r 3i : 1 i IvEg _t 2016 j CORRECTED PUBLIC NOTICE RIGHT-OF-WAY ABANDONMENT NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held be- fore the Oty of Okeechobee Planning Board on Thur., May 19, 2016, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Avenue, Coun- cil Chambers, Rm 200, Okeechobee, FL, to consider and receive input on prrooperty owners, Charles H. Paschall and Frank lDeCarlo submitted by the Petition No. 16- 001-AC requests to vacate the 20-foot wide alley running East to Plat Book 5, Page Pagee5,hPuti c Records, Okeechobee 4Co my, of wOkeechobee ' ap- proidmately 0.17 acres. • The houpetition n -Fri, may AM-4inspected 30 PM, except for forr hol days. The public 5 regular to attend. The Planning Board will offer a recommendation to the Oty Council, tenta- tively ing oed 19, ne, 6 ule Ju1, 2016 (First Reading) and final adoption Public Hea ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board with respect to any matter considered at this meeting will need to en- sure a verbatim record of the proceeding Is made and the record Indudes the testimony and evidence upon which the appeal will be. based. In accor- dance with the Americans with DisabilitieSADA), any person with a disability as defined by the ADA, that needs al accommodation to par- t business days to contact eding, 863-763 -33 2 Office no later than BE ADVISED that should you Intend 10 show any document, pidxhre, video or items to the Planning Board In support or opposition to any Item on the agenda, a copy of the document, picture, video, or hem must be provided m u,, Pnard Secretary for the aty's records. • nDJ ayl Ut UMOLD[ tjaM aci DUG atnnntt nn Email Transmittal CITY OF OKEECHOBEE Office of the City Clerk* 55 SE 3rd Avenue * Okeechobee, FL 34974 863 - 763 -3372 ext. 215 To: Independent Newspapers, Inc. — Okeechobee News — Ad Dept. Attention: Janet Levy, jlevynewszap.com From: Bobbie Jenkins, Deputy Clerk, bjenkins(a�cityofokeechobee.com Ad Type: Legal Publish On: Wed 5/11/16 Proof of Affidavit(s): 1 Authorized By: c 05 i'c,. Date: 51(9//() Email Date/Time: Ad /Order# zi�J�ri 2 Amount $: i�� O� Proofed B : wd Date to Finance: Draw#: 3 PO #: 4075 Check #: Mailed On: CORRECTED PUBLIC NOTICE RIGHT -OF -WAY ABANDONMENT NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held before the City of Okeechobee Planning Board on Thur., May 19, 2016, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Avenue, Council Chambers, Rm 200, Okeechobee, FL, to consider and receive input on Abandonment of Right -Of -Way Petition No. 16- 001 -AC, submitted by the property owners, Charles H. Paschal and Frank DeCarlo. Petition No. 16- 001 -AC requests to vacate the 20 -foot wide alley running East to West between Lots 1 -7 and 20 -26 of Block 49, City of Okeechobee Plat Book 5, Page 5, Public Records, Okeechobee County, containing approximately 0.17 acres. The petition may be inspected at the address above during regular business hours, Mon -Fri, 8 AM- 4:30 PM, except for holidays. The public is encouraged to attend. The Planning Board will offer a recommendation to the City Council, tentatively scheduled on June 21, 2016 (First Reading) and final adoption Public Hearing on July 19, 2016, 6 PM. ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Office no later than two business days prior to proceeding, 863 - 763 -3372. BE ADVISED that should you intend to show any document, picture, video or items to the Planning Board in support or opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. BY: Zoning Administrator Marcos Montes De Oca, Petition No. 16- 001 -AC c) City Attorney to read proposed Ordinance No. 1136 by title only. co D -0 N a co• ' Q W c) < O m D g < CD a_ 0 73 3 =�= 0 370p 0 3 G) o. oo = 0 ' O 3 0 7 m D 0 • 0_ 7 n. (D O o ' .,OC .Z7-0 c co C7 0 0 m (o co -o o_ SD ° 0 n_ C ca. o Q o N D , r v co o .< O -.< a 0 o = m n ' m < X (D 7 7 7- ( = o 0 cD O °v =z -0_ � O Al 0' oz . 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O 0- C (D < 0 0 cn 0 7 o oa (D 7 Z-1-:-' A 3 3 -- 0 ea- (D n� _ -o - -0 �' 0 3 (u 7 7 o c 7 c o ii r Q. n 0 0 - 00 (7' 3- `< N o =-1 0 = c O v S 0 0 0 o o 0 • m° c v -o a 3 n o_0 m o 0_ ti rn o ° c) y o v m co rn m O v cci Q m • (<D A 3 = C) = 7- O_ 3 7- 0 S (D 7 c0 (v - 0- S cD Ti ING - PAGE 5 OF 16 JULY 19, 2016 - REGULAR ME COUNCIL ACTION - DISCUSSION - VOTE Motion and second by Council Members O'Connor and Chandler to adopt proposed Ordinance No. 1136. 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PAGE 1 ABANDONMENT OF RIGHT -OF -WAY PETITION CITY OF OKEECHOBEE General Services Department 55 Southeast 3rd Street Okeechobee, Florida 34974 863- 763 -3372 X 218 Fax: 863 - 763 -1686 PETITION NO. i(l'- %' I - Application fee (non - refundable) $600.00 Note: (Resolution No. 98 -11) Schedule of Land Development Regulation Fees and Charges When the cost for advertising publishing and mailing notices of public hearings exceeds the r established fee, or when a professional t consultant is hired to advise the city on the , - application, the applicant shall pay the actualn ; costs. �� (' Date Fee Paid: Receipt No: , TRC Meeting: Publication Date: `1 /IS r Letters Mailed: N/ PB /BOA Meeting: ,- Publication Dates: 5/ ! . -J • Letters Mailed: 5 / 1-t (I L -;l I / City Council 15, Reading: r,. c - _ i CMR Letter E- mailed: ; City Council Public Hearing: �- ,,. Publication Date: ' : _ Q0 Right -of -way Definition: Land dedicated, deeded, used, or to be used for a street, alley, walkway, boulevard, drainage facility, access for ingress or egress, or other purpose by the public, certain designated individuals, or governing bodies. [F.S. Ch. 177 § 177.031(16)]. Easements for roads and related purposes shall be considered as right -of -way. Legal Description of the Right -of -Way to be Abandoned: A PORTION OF THE 20 FOOT WIDE ALLEY, RUNNING EAST AND WEST THROUGH BLOCK 49, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SAID PORTION BEING BOUNDED AS FOLLOWS; BOUNDED ON THE NORTH BY THE SOUTH LINE OF LOTS 1 -7 OF SAID BLOCK 49; BOUNDED ON THE SOUTH BY THE NORTH LINE OF LOTS 20 -26, OF SAID BLOCK 49; BOUNDED ON THE EAST BY A LINE RUNNING FROM THE NORTHEAST CORNER OF LOT 26 TO THE SOUTHEAST CORNER OF LOT 1 OF SAID BLOCK 49; AND BOUNDED ON THE WEST BY A LINE RUNNING FROM THE NORTHWEST CORNER OF LOT 20 TO THE SOUTHWEST CORNER OF LOT 7 OF SAID BLOCK 49. CONTAINING 0.17 ACRES MORE OR LESS. Note: Upon abandonment of a right -of -way in the City of Okeechobee or First Addition of City of Okeechobee Subdivision's, there may be a Fee Simple Interest from the Hamrick Trust. For more information contact Gil Culbreth, 3550 US Hwy 441 South, Okeechobee, Florida 34974, 863 - 763 -3154. Purpose of the Right -of -Way Abandonment: This abandonment will not create any non - conformities and will correct an existing non - conformity on the northern parcels in this portion of the block where the existing buildings encroach into the City Alley. PAGE 2 9' PETITION NO. 1 (o -001- F( -N% Name of property owner(s): Charles H. Paschal and Frank DeCarlo I hereby The request. imprisonment Owner(s) mailing address: 500 Coker Road East, Fort Pierce, FL 34945 Owner(s) e-mail address: CPaschal @central. com Owner(s) daytime phone(s): 772- 370 -5218 Fax: Required Attachments x Copy of recorded deed of petitioner as well as any other property owner whose property is contiguous to the right -of -way. YLetters of Consent or Objection. (If more than one property owner is involved and they are not signing the petition). SEE NOTE BELOW FOR ADDITIONAL INSTRUCTIONS x Location map of subject property and surrounding area within 100' (See Information Request Form attached) and dimensions of right -of -way. List of all property owners within 300' of subject property (See Information Request Form attached) x Site Plan of property after abandonment. (No larger than 11x 17) Survey Utility Companies Authorization Form. (See attached) x Supplementary supporting information: Copy of recorded Plat of the Subdivision where right -of -way exists no larger than 11x17. (Can be obtained from the County Clerk's Office, Court House) PLEASE NOTE: If there are other property owners that are contiguous to the subject right -of- way, a notarized letter must be attached with the following information: date, their name(s), what property they own, and whether they object to or consent to the right -of -way abandonment (See attached sample letter) -Ni Confirmation of Information Accuracy I hereby The request. imprisonment certify that the information contained in and /or attached with this petition is correct. information included in this petition is for use by the City of Okeechobee in processing my False or misleading information may be punishable by a fine of up to $500.00 and of up to 30 days and may result in the summary denial of this petition. e, (4 Frank DeCarlo / (3/49i / f3 Si re Printed Name Date Charles H. Paschal Signature Printed Name Date PAGE 2 PETITION NO. I LQ - f Name of property owner(s): Charles H. Paschal and Frank DeCarlo Owner(s) mailing address: 500 Coker Road East, Fort Pierce, FL 34945 Owner(s) e-mail address: CPaschal @central. com Owner(s) daytime phone(s): 772 -370 -5218 Fax: Required Attachments x Copy of recorded deed of petitioner as well as any other property owner whose property is contiguous to the right -of -way. Letters of Consent or Objection. (If more than one property owner is involved and they are not signing the petition). SEE NOTE BELOW FOR ADDITIONAL INSTRUCTIONS x Location map of subject property and surrounding area within 100' (See Information Request Form attached) and dimensions of right -of -way. x List of all property owners within 300' of subject property (See Information Request Form attached) Site Plan of property after abandonment. (No larger than 11x 17) Survey X Utility Companies Authorization Form. (See attached) x Supplementary supporting information: Copy of recorded Plat of the Subdivision where right -of -way exists no larger than 11x17. (Can be obtained from the County Clerk's Office, Court House) PLEASE NOTE: If there are other property owners that are contiguous to the subject right -of- way, a notarized letter must be attached with the following information: date, their name(s), what property they own, and whether they object to or consent to the right -of -way abandonment (See attached sample letter) iI Confirmation of Information Accuracy I hereby certify that the information contained in and /or attached with this petition is correct. The information included in this petition 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 $500.00 and imprisonment of up to 30 days and may result in the summary denial of this petition. Frank DeCarlo Printed Name Date Charles H. Paschal Oc-t ?4 , ?,o /5' Signature Printed Name Date PLEASE COMPLETE THE FOLLOWING FINDINGS REQUIRED FOR GRANTING A VACATION OF RIGHTS -OF -WAYS (Sec. 78 -33, page CD78:4 in the LDR's) It is the Petitioner's responsibility to convince the Technical Review Committee, Planning Board /BOA and City Council that approval of the proposed vacation is justified. Specifically, the Petitioner should provide in his /her application and presentation sufficient explanation and documentation to convince the reviewing body to find that: 1. Proposed vacation is consistent with the Comprehensive Plan: This block is non - conforming due to the railroad right -of -way to the south, which have taken the southern portion of the south parcels in this block. The historic T alley as in the block to the north has been abandoned on the parcel to the immediate west of this parcel. With the abandonment to the west, this left a dead end alley on the parcel in question. This abandonment will not create any non - conformities and will correct an existing non - conformity on the northern parcels in this portion of the block where the existing buildings encroach into the City Alley. 2. Right -of -way to be vacated is not the sole access to any property, and the remaining access is not an easement: This Alley is not an access to any parcel. The road right -of -way to the east where this alley ends is not developed, so this parcel does not provide access to any adjacent parcel. 3. Proposed vacation is in the public interest and provides a benefit to the City: There is probably not discernable public interest served by abandoning this alley, however, this alley that realistically serves no purpose would be added back to the City's tax rolls, which is in the City's interest and benefit. 4. Proposed vacation would not jeopardize the location of any utility. There are currently no utilities located in this alley and with the abandonment of the western portion of this alley, access to utilities has been severed from any potential connection to utilities in the future. The City Staff will, in the Staff Report, address the request and evaluate it and the Petitioner's submission in light of the above criteria and offer a recommendation for approval or denial). ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I/VVe, Charles H. Paschal and Frank DeCarlo (insert name(s) of the owner(s) name, person(s) who is signing the letter of consent) own the following property: City of Okeechobee Lots 1 -7 and North 40' of Lots 20 -26, Block 49 (insert the legal description of the property) Do hereby consent or agree, with my /our signature below, to the closing of the alley and /or street described below: (insert the legal description of the street or alley requesting to be closed) (Note: if property is in two names by the word "and" both signatures are required, ie: Jim and Jane Doe. It if is in "or" only one signature is required, ie: Jim or Jane Doe. If company, the Registered Agent or President/Managers Name and att ch Sunbiz.com information) Signature of Property Owner Signature of Property Owner Frank DeCarlo Charles H. Paschal Printed Name Printed Name STATE OF Florida COUNTY OF The foregoing instrument was acknowledged before me this (date) by Frank DeCarlo who is personally known to me or who produced as identification and who did (did not) take oath. (Seal) (Notary Public signature) Commission No. (Name of Notary typed, printed or stamped) STATE OF Florida COUNTY OF (' /4uety The foregoing instrument was acknowledged before me this 210, OC fiber /6 (date) b Y Charles H. Paschal who is personally known to me or who produced identification and who did (did not) take oath. (Seal) JAMIE CHRISTEN GORE NOTARY PUBLIC STATE OF FLORIDA Comm# FF148896 Expires 8/7/2018 FL DI. ( .ry Public'. Commission No. FF I Li rq co d?mi & hrIs/ jV are, (Name of Notary typed, printed or amped) as ALLEY AND /OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I /We, Charles H. Paschal and Frank DeCarlo (insert name(s) of the owner(s) name, person(s) who is signing the letter of consent) own the following property: City of Okeechobee Lots 1 -7 and North 40' of Lots 20 -26, Block 49 (insert the legal description of the property) Do hereby consent or agree, with my /our signature below, to the closing of the alley and /or street described below: (insert the legal description of the street or alley requesting to be closed) (Note: if property is in two names by the word "and" both signatures are required, ie: Jim and Jane Doe. It if is in `or" only one signature is required, ie: Jim or Jane Doe. If company, the Registered Agent or President/Managers Name and attach Sunbiz.com information) c / C,� Signature of Property Owner Frank DeCarlo Charles H. Paschal Signature of Property Owner Printed Name Printed Name STATE OF Florida COUNTY OF The foregoing instrument was acknowledged before me this n (is Q )C , D`'(, 0015 (date) by Frank DeCarlo Cho is personally known to x r who produced as identification and who did (did not) take oath. (Seal) LORY A EDWARDS MY COMMISSION #FF015618 EXPIRES May 7, 2017 Flo rid a N otary S e rvice.com ( ry Public signature) Commission No. rro/ )6P /g LOP 11 - - C- ��a,rcYs (Name of Notary typed, printed or stamped) • rflik . • . ••• 9 .• bl:i4J • • • • • • 'Printed Ito lawyers' Till. Ostaionty Fund, Orland*, Florida. TN; inshwmart was prypered S'S. I. • q • 194: rA-589 Warranty Deed (STAMM FORM—SECTION 411.02 13.) • PALM BEAaillailDr11410 • ROBERIT Afdpc...1FOrSTEJI • ' bta 3nbenturr. Mode this day of January • w 77, irtrarrn. MAX L. SMT1N, Trustee alder an unrecorded 'Trust Agreesent pursuant to Section 689.071 Florida Statutes and deed recorded in Official Record Book 160, Page 863,'PutdiC Records,. Okeechobee 0ounty, Florida. of the County of CIKEECEEBEE State of • • 17.01,I , grantee. and • JAMES B. XIQfl and CRANES H. PASCRAL whose post office odrinns of the County of OKEECHOBEE , State of ipoRroA , granite*, • • .111illiffiarth. That said grantor, for and in comideration of the sum of $10.00 'TEN 'AND NO/10D -Uallars, and -Whig goad and valuable consireerations to aid grantor In hand paid by said grantee, the receipt whereof is hereby acknomitdgerrChas grpot.d. , bargained and sold le the said rank*, end .grantee's heirs and onions forever, the following descriati:land.:01Ing and being in • . .Coanty, Florida, to-witr —.. • - . ssiS- • Cac, I- 3 CCU "." ",...i 1 1,-, e". lots 1 thru 7 inclusive and the North 40 •feet of Iota 20 thrd 26, inclusive Block 49, Eadi CC OKEECHCBEE, cm. az co,. —IS la- according to the plat thereof recorded in Plat Book 1, 0 0... ; • '.4 It-tn Ps -, PAW 10 of the public records of Ckeechobee County, Florida: be 0 • uOTC:UAliN,I.A_ R I /1 , • .. • u. 4 0 I I c-s C;;rijui- = suk iJX .• and sold grantor does hrreby fully warrant the litie to sold lo-ti, and will defend the some against the lawful aches of ell persons whomsoever. . "armee." and "pron.' ore used fo singular or plural, as coat's,' nava**. . • 3n illitnran illhrrrnf. Grantoq has hereunto she grantor's hand and seol the cloy and nen fire above wwitten. 57 . mated and deli • in 0'.,r presence, / (Seal) (Seal) (S.01) (s•v1) STATE OF Forc=313E COUNTY OF I. HEREBY CERTIFY that on this day before me, on officer duty Qualified lo take acknowledgments, personally appebred MAX I.. SMITT6.7Yuatee an aforeinid • . to me known to b. the person described In and ..ho emended the foregoing instrowne and ocknowledged before me that he .rooted the same. . it.:7)....7.•/ . • . WITNESS my Frond and ofkicrl teal in the County and Stan last camera/ , cL•IlYnuaxy • • .-- -.4e-sope.• ....e..e__ cbrirmission eiPiresr . - Notary Pvlak 4 .:. Li',A. WPM(' RAMC SUIT OF KOWA AT L041 —• • •• ex oSsaancw wins co . n nee s••• ;1101010 MU OUR1.14 NS. UsateelllitS ''''''!.':,!?!.•;;;;''' *•'• 194 rri 5E9 INDEXED & VERIFIED DIRECT INDIRECT • I. vt) Instrument Prepared By and Return to: Law Office of CASSELS & McCALL Post Office Box 968 Okeechobee, Florida 34973 (863) 763-3131 File No: 2176 Inummuou FILE NUII 2007004094 OR BK 00626 PG 0474 SHARON ROBERTSON? CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY? FL RECORDED 03/19/2007 04:38 :49 PM RECORDING FEES 18.50 DEED DOC 350.00 RECORDED BY M Pinon Pas 0474 - 475; (2pas) (Recording Information Above) Parcel No: 3- 15- 37 -35- 0010- 00490 -0010 - ✓ '' 3- 15 -37 -35 -0010- 00490 -0070 (?r4 ' 3- 15- 37 -35- 0010- 00490 -0020< 3- 15- 37 -35- 0010 -007 OTEAIMDEED - lC`21f " THIS QUIT CLAIM DEED executed this day of December, 2006, by MARIAH LEA KIGHT, first party, to FRANK DeCARLO whose post office address is: 405 Southwest Second Street, Okeechobee, Florida 34974; second party. (Wherever used herein, the terms "first party" and "second party" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH: That the said first party, for and in consideration of the sum of $10.00 in hand paid by the said second party. the receipt whereof is hereby acknowledged, does hereby remise, release and quit claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of OKEECHOBEE, State of Florida, to wit: ALL OF LOTS 1 THROUGH 7 AND THE NORTH 40 FEET OF LOTS 20 THROUGH 26, INCLUSIVE, IN BLOCK 49, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. (NOTE: COPY OF PLAT RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA.) SUBJECT TO restrictions, reservations and easements of record, if any. THIS PROPERTY DOES NOT CONSTITUTE THE HOMESTEAD OF THE GRANTOR. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in any wise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behalf of the said second party forever. IN WITNESS WHEREOF the said first party has signed and sealed these presents the day and year first above written. Signed, Sealed and Delivered in the resence of: 1 , 1..4 •■■ � ' J' MA A LEA KIGHT Printed Name of Witness [2176 - 70767. W PD] Book626 /Page474 CFN #2007004094 Page 1 of 2 1 TNESS Nnn 'C rya Printed Name of Witness STATE OF FLORIDA COUNTY OF OKEECHOBEE The fore oing instrument was acknowledged before me this gl day of December, 2006, by MARIAH LEA KI HT who is personally known to me, or ❑ who has produced as identification. Il NOTARY Y PUBLIC I ibbev t Ii Print d Name of—Witness-My Commission Expires: NOTARY PUR! IC -STATE OF FLORIDA Kimberly Bush ;Commission #DD564181 Expires: JULY 31, 2010 IT IS HEREBY CERTIFIED THAT WE HAV I �it`Y A b rod YIS INSTRUMENT FROM INFORMATION GIVEN TO US BY THE PARTIES HERETO. WE DO NOT GUARANTEE EITHER MARKETABILITY OF TITLE, ACCURACY OF DESCRIPTION OR QUANTITY OF LAND DESCRIBED AS WE DID NOT EXAMINE THE TITLE TO THE PROPERTY INVOLVED. v'w [2176.70767. WPDI Book626 /Page475 CFN #2007004094 Page 2 of 2 Prepared By and Return to John D. Cassels, Jr., Esq. Cassels & McCall P.O. Box 968 Okeechobee, Florida 34973 Parcel ID Number: IIIIBINIIIIII1IIJIIII UIIIgIIII INpIIIiiiiiiUII FILE NUM 2010010612 OR BK 00692 PG 0096 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 10/05 /2010 03:58:06 P11 AMT 10.00 RECORDING FEES $18.50 DEED DOC $0.70 RECORDED BY R Parrish Pss 0096 - 97; (lass) PERSONAL REPRESENTATIVE'S DEED day of September, 2010, THIS PERSONAL REPRESENTATIVE'S DEED executed this by FRANK DECARLO, as Personal Representative of the Estate of JAMES B. KIGHT, deceased, first party to FRANK DECARLO, a single man, whose post office address is 405 SW 2 "d Street, Okeechobee, Florida 34974, second party all of the right title, and interest in and to the real property located in OKEECHOBEE County, Florida. (Wherever used herein, the terms "first party" and "second party" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH: That the said first party, for and in consideration of the sum of $10.00 in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of OKEECHOBEE State of Florida, to wit: AN UNDIVIDED ONE -HALF INTEREST IN ALL OF LOTS 1 -7, AND THE NORTH 40 FEET OF LOTS 20 -26, INCLUSIVE, IN BLOCK 49, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. (NOTE: COPY OF PLAT RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA.) Being all of the estate's interest in said real property. This property is commercial and does not constitute the homestead of the first party. Subject to covenants, restrictions, easements of record and taxes for the current year, if any. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. [4437- 85306,WPD] Book692 /Page96 CFN #2010010612 Page 1 of 2 Personal Representative's Deed Estate of James B. Kight to Frank Decarlo TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in any wise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behalf of the said second party forever. IN WITNESS WHEREOF the said first party has signed and sealed these presents the day and year first above written. Signed, Sealed and Delivered in the presence of: Printed name of Wt . r ess STATE OF FLORIDA COUNTY OF OKEECHOBEE CARLO, as Personal ve of the Estate ofJAMES B. deceased. -- The foregoing instrument was acknowledged before me this 40 day of September, 10, by FRANK DECARLO, as Personal Representative of the Estate ofJAMES B. KIGHT, deceased, who is personally known to me or ❑ who has produced as identifica on. i` I a of Not ''u.ljcm Printe yped/Stamped Name of Notary My commission expires: VIRGINIA S. WOOD MY COMMISSION t EE 000828 EXPIRES: August 14, 2014 Bonded Thru Notary Mk UnOenwIters Scrivener's Note: This instrument was prepared from information provided to us by one or more of the parties hereto. We do not guarantee ownership, marketability of title, accuracy of the legal description or quantity of land described as we did not examine the title to the property involved. [4437 - 85306. WPD] Page 2 of 2 Book692 /Page97 CFN #2010010612 Page 2 of 2 ALLEY AND /OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee The undersigned, FLO -GAS CORPORATION, owns the following property: and Lots 8, 9 and 10 and the North 40 feet of Lots 17, 18 and 19, Block 49, of the Town of Okeechobee, according to the plat thereof, as recorded in Plat Book 1, Page 10, Public Records of Okeechobee County, Florida; does hereby consent by its execution below, to the closing of the alley and /or described as follows: A portion of the 20 foot wide alley, running East and West through Block 49, City of Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Said portion being bounded as follows: Bounded on the North by the South line of Lots 1 -7 of said Block 49; Bounded on the South by the North line of Lots 20 -26, of said Block 49; Bounded on the East by a line running from the Northeast corner of Lot 26 to the Southeast corner of Lot 1 of said Block 49; and Bounded on the West by a line running from the Northwest corner of Lot 20 to the Southwest corner of Lot 7 of said Block 49. Containing 0.17 acres more or less. FLO -GAS CORPORATION, a Florida corporation By: Print Name • J ��a of Oil 0 tYt- As As its: STATE OF FLORIDA COUNTY OF PALM BEACH The fore oing ins ment was ac owledged before �/ of FLO -GAS CORPORATION, �L &) J'eS Liceizs as �e y'..�Gd e�' , as %3i` i �t� who is personally known to me or who produced identification and who did (did not) take an oath. street me this 1744/ day of March, 2016, by �.. ., (Seal) DONNA MCRANNOLDS 's Notary Public - State of Florida ` Commission # FF 239752 My Comm. Expires Jun 27, 2019 608452946.1 % °. V'' Bonded through National Notary Assn. otary Public signature) Commission No.: - c,1,7 /y / ,1kc / CRA- cZ/ (Notary name typed, printed or stamped) • This instrument prepared by and return to: Brandon E. Kepple, Esq. BAKER & HOSTETLER LLP SunTrust Center, Suite 2300 200 South Orange Avenue Orlando, Florida 32801 (407) 649 -4000 Parcel ID No.: R 3- 15- 37 -35- 0010- 00490 -0080 Consideration: $70,000 SPECIAL WARRANTY DEED i 111111 11111 11111 11111 1111111111 1111 1111 FILE NUM 2013001276 OR BK 00725 PG 1566 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 02/07/2013 11:40:49 AM AMT 70,000.00 RECORDING FEES $27.00 DEED DOC $490.00 RECORDED BY L Shain Pss 1566 - 1568; (3v9s) THIS SPECIAL WARRANTY DEED is made and given this 5'h day of February, 2013, by GLADES GAS COMPANY OF OKEECHOBEE, INC., a Florida corporation, whose mailing address is 804 N. Parrott Avenue, Okeechobee, Florida 34972 ( the "Grantor "), to FLO -GAS CORPORATION, a Florida corporation, whose mailing address is 909 Silver Lake Boulevard, Dover, Delaware 19904 (the "Grantee "). WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Grantor, in hand paid by the Grantee, the receipt of which is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain piece, parcel or tract of land lying and being in the County of Okeechobee, State of Florida (the "Property"), more particularly described as follows: See Exhibit "A" attached hereto and incorporated herein by this reference. SUBJECT TO ad valorem taxes and assessments for the year 2013 and subsequent years, and all reservations, covenants, conditions, restrictions, and easements of record; if any, but this instrument shall not operate to reimpose the same. TOGETHER WITH all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby 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, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the said Grantor, but none other. l rsrni.tann4on114,-)-7 r_ n.- 4 ,.r o IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above written. Signed, sealed and delivered in the presence of: e of Print Name: �/It l �r � %!„2• -r�pi� Q,bLa ti ( Cca,. Signature of Witness Print Name: )cU'c C'lcCAr t State of FLORIDA ) )ss. County of OKEECHOBEE ) "Grantor" GLADES GAS COMPANY OF OKEECHOBEE, INC., a Florida corporation By: Monica Clark, President The foregoing instrument was acknowledged before me this yT day of February, 2013, by Monica Clark, as President of GLADES GAS COMPANY OF OKEECHOBEE, INC., A FLORIDA CORPORATION, on behalf of the corporation. She is personally known to me. (NOTARY S 044743, 000004, 601880000.1 2 (e,;//i4co„ (Notary Printed Name) A My Commission No.: % o � 9 ! 5 7 78- r •rni- unn4Onn4ln-7r_ n ... n 0 EXHIBIT "A" PARCEL 1 (FEE SIMPLE ESTATE) Lots 8, 9 and 10 and the North 40 feet of Lots 17, 18 and 19, Block 49, of the Town of Okeechobee, according to the plat thereof, as recorded in Plat Book 1, Page 10, Public Records of Okeechobee County, Florida. PARCEL 2 (LEASEHOLD ESTATE) Together with that portion of an alley lying in Block 49, City of Okeechobee, according to the plat thereof, as recorded in Plat Book 1, Page 10, Public Records of Okeechobee County, Florida, as set forth in that certain Lease Agreement recorded September 24, 1980, in Official Records Book 237, Page 393, Public Records of Okeechobee County, Florida, being more particularly described as follows: Beginning at the Northwest corner of Lot 17 of the said Block 49, bear Easterly 142.50 feet to the Northeast corner of Lot 19; thence bear Northerly 20.00 feet to the Southeast corner of Lot 8; thence bear Westerly 142.50 feet to the Southwest corner of Lot 10; thence Southerly 20.00 feet to the Point of Beginning. 044743, 000004, 601880000.1 3 n.,.- .1.7oc rn.. --.4 co.° nr_ni- unn4onn .4 n-ic n--- o .,r o CITY OF OKEECHOBEE RIGHT -OF -WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must be siened and dated with a contact number for each person. Florida Power & Light f Pt-- \ i S c� c -54 c_4- cn-\ vv.- or --t- KP u: I ci' A \ ti O PGi_k_,,r Donna Padgett L1 1 L!` )1A 5 4- Q - ✓gyp 1 i fi Q 863 - 467 -3708 Authorized Signature ow k .tts-o 6 `7-3 7d. 2. Typed Name & Title Phone No. Date Century Link 863 - 452 -3473 Tess Bentayou tess.bentayo@centurylink.com Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863 - 763 -2824 107 NW 7th Avenue Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority John Hayford 863- 763 -9460 100 SW 5th Avenue Authorized Signature Typed Name & Title Phone No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate Date Gil Culbreth, Co- Trustee 863 - 763 -3154 Authorized Signature Typed Name & Title Phone No. Date CITY OF OKEECHOBEE RIGHT -OF -WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Florida Power & Light 863 - 467 -3721 or Donna Padgett 863 - 467 -3708 Authorized Signature Typed Name & Title Phone No. Date Century Lin ��" .1163,---4-52-4473 q07 8vci— S 3/ ��✓ Q ,....-s.. ayou VIC -Tu214 3uchcn S 1 Q,-V- ( \v 1 �1 �y4 uthorized Signature U1CTo2it- S Zucrhc.c. Rio?- -5'31S1 a .25 X0/6 Typed Name & Title Phone No. Date Comcast Cable 863 - 763 -2824 107 NW 7th Avenue Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority John Hayford 863 - 763 -9460 100 SW 5th Avenue Authorized Signature Typed Name & Title Phone No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate Date Gil Culbreth, Co- Trustee 863 - 763 -3154 Authorized Signature Typed Name & Title Phone No. Date February 25, 2016 A �I V CenturyLink- 33 North Main Street, Winter Garden, FL 34787 407 - 814 -5318 Victoria.bucher @centurylink.com LETTER OF NO OBJECTION Ms. Jennifer L. Williamson Crary Buchanan P.O. Drawer 24 Stuart, FL 34995 -0024 SUBJECT: PROPOSED VACATE OF THAT CERTAIN 20' WIDE ALLEY LYING BETWEEN LOTS 1 -7 AND THE NORTH 40' OF LOTS 20 -26, BLOCK 49, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, AND IN PLAT BOOK 1, PAGE 10, ALL IN PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; PRN 763129 Dear Ms. Williamson: Please be advised that Embarq Florida, Inc. D/B /A CenturyLink ( "CenturyLink ") has no objection to the proposed vacate and abandonment of that certain 20' wide alley located at 204 NE 9th Street, Okeechobee, Florida and lying between Lots 1 -7 and the North 40' of Lots 20 -26, Block 49, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5 and in Plat Book 1, Page 10, all in the Public Records of Okeechobee County, Florida. Said alley lies between those certain parcels having an Okeechobee County Tax Parcel Identification Number of 3- 15 -37 -35 -0010- 00490 -0010. The area proposed to be vacated is more particularly shown on the attached sketch. Should there be any questions or concerns, please contact me at 407 - 814 -5318 or by email at Victoria .bucher @centurylink.com. Sincere • 1 FLORIDA, INC., D/B /A/ CENTURYLINK 174° Victoria S. Bucher, SR/W • , R/W -NAC, R/W -AMC Negotiator - Network Re. Estate C. P. Conrad, CenturyLink www.centurylink.com CITY OF OKEECHOBEE RIGHT -OF -WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments, It Florida Power & Light ff (-- -14fIcS 06 D (.3:-. o - 'i b to B a t t -„ I 1 t : . u ,) . _ • 0_ t S 863.467.3721 or lit a 1 _y ; • Donna Padgett 863763Z824 0M- 467.3708 n Ytp. a.A0- -t- tMO Authorized Signature —WOO .1141g( Typed Name &Title Phone No. Date 4&). 31a °t a- Century Link 863- 452 -3473 Tess 8entayou tess.hetttayo fns cen turyJ l n k•co m Authorized Signature Typed Name'& Tido Phone No. Date Cornetist Cable , a— • .y L..: lit a 1 _y ; • 1 ; a : 4 .J i 863763Z824 I. . 1 r� l� 107 NW 7"Avenue «'t it inif i flial A i Authorized 99rnttbre Type A �pahclie, S j • Retl- a'73 J6 d Na a &Title Phone No. Dat Okeechobee Utility Authority John Hayford 863 - 763.9460 100 SW SIh Avenue Authorized Signature Typed Name & Title Phone No. *REQUIRED ONLY FOR CITY OP OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Date Hamrick Estate Gil Culbreth, Co- Trustee 863 -763 -3154 Authorized Signature Typed Name & Title Phone No. Date CITY OF OKEECHOBEE RIGHT -OF -WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Florida Power & Light 863 - 467 -3721 or Donna Padgett 863 - 467 -3708 Authorized Signature Typed Name & Title Phone No. Date Century Link 863 - 452 -3473 Tess Bentayou tess.bentayo@centurylink.com Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863 - 763 -2824 107 NW 7th Avenue Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority `; a/ fikee/ ec.- 4./5- / -7 Nor ¢o / of John Hayford /4,A Zo - 2‘, R/o c ,e 19 863 - 763 -9460 100 SW 5th Avenue � Dl/fC C7i645- thorized Signat Tin .4y)C/ -,' 6—CC el ,e), re Typed Name & Title .03- ' 3 -jfC'o Phone No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate 3/j Date Gil Culbreth, Co- Trustee 863 - 763 -3154 Authorized Signature Typed Name & Title Phone No. Date CITY OF OKEECHOBEE RIGHT -OF -WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Florida Power & Light 863 - 467 -3721 or Donna Padgett 863 - 467 -3708 Authorized Signature Typed Name & Title Phone No. Date Century Link 77- 1 863 - 452 -3473 Tess Bentayou 1 . ,c,r n 1-I o / ds tess.bentayo @centurylink.com / N Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863 - 763 -2824 107 NW 7th Avenue Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority John Hayford 863 - 763 -9460 100 SW 5th Avenue Authorized Signature Typed Name & Title Phone No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Date Hamrick Estate 77- 1 r-- 1 . ,c,r n 1-I o / ds Gil Culbreth, Co- Trustee / N e__ r z---T- / Al 7'//-�- i9 /(F7 w,r7 / 2 t77 863 - 763 -3154 Authorized Signature 3- 763315 1- 2 -/9 -14 Typed Name & Title Phone No. Date OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE / MAPPING DEPARTMENT W.C. "BILL" SHERMAN, PROPERTY APPRAISER 00 FT Surrounding Properties Drawn By: RUSS DUNCAN CFE, AGRICULTURE / MAPPER Date: 9/25/2015 THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE DOES NOT ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON 'Pla 1 Boor- 5 o1,01,« Co %Ad "ex. 5 1 (0) • ST LUCIE 00UNTY FLORIDA, 0.9 cl. 219021911 ' WWI . 11112191111 i 19111119991 11.111 11 I! 11,91 E EIPPIE 111111M11 1 MN 9 11111199111 CIL WM ERWIN lati81111 w 491! 1 OE Pig 1 It ME IP 19 99 811 11191111 111911M11 8 11111911111 1191 ERN 9 ;pi 1 E wpm iiiii011111111 111091 w000m . Re 1111 9 9999 .1141E somingam 1189211181 1199)9 C17.11Mill 1PM Eino _ 1 `1,9PIC 11 PIO LO T LOT -„, •h" ST; gild Hi etconon NOM WW1 PI mW! la thcavoh 11 119181111119999 8111112ttll TM MEI MEW 4919111111111 1111111111111 imma fiton! 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E f.74:::. 0.) 4/z.:;•!, 4.Pt4;fe; 1::1;Z:=::;‘,t4^4:'12?1';'•:...;:a f, • „ ,,,,,,,,,,,,,,,, A...., a., oftl. ••"' 1NIfNE.9. 7 el, Ann A, A /,•f— (,),,K7g00yEE CO:LPA/Vy • • • • rre.5T ","! ";74:16y • Pv.F, .0 44,414 0..annw • d • -80-K 4) 5 Staff Report Alley Vacation /Abandonment Request Prepared for: The City of Okeechobee Applicant: Charles H. Paschal & Frank DeCarlo Petition No.: 16- 001 -AC Planning & Mana • ernent Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 239 - 334 -3366 Serving Florida Local Governlnents Since 1988 Staff Report Applicant's Name(s): Charles H. Paschal & Frank DeCarlo Vacation of a portion of an east -west alley through block 49 Request The matter before the TRC is an application to vacate a portion of the platted but unim- proved 20 -foot wide alley running east and west through Block 49, more particularly describe in the legal description of the property. The portion of the alley to be vacated encompasses about 0.17 acres. General Information Owner Agent Site Address Contact Person Contact Phone Number Contact Email Address Charles H. Paschal and Frank DeCarlo 500 Coker Road East Fort Pierce, FL 34945 (772) 370 -5218 CPaschal @central.com Jennifer L. Williamson Crary Buchanan, Attorneys at Law 759 SW Federal Highway, Suite 106 Stuart, FL 34994 The alley, approximately 20 feet by 370 feet, located immediately south of lots 1 -7, Block 49 in the City of Okeechobee, which lots are owned by Charles H. Paschal and Frank DeCarlo. Jennifer L. Williamson (772) 287 -2600 Legal Description of Subject Property A PORTION OF THE 20 FOOT WIDE ALLEY, RUNNING EAST AND WEST THROUGH BLOCK 49, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5 PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SAID PORTION BEING BOUNDED AS FOLLOWS; BOUNDED ON THE NORTH BY THE SOUTH LINE OF LOTS 1 -7 OF SAID BLOCK 49; BOUNDED ON THE SOUTH BY THE NORTH LINE OF LOTS 20 -26, OF SAID BLOCK 49; BOUNDED ON THE EAST BY A LINE RUNNING FROM THE NORTHEAST CORNER OF LOT 26 TO THE SOUTHEAST CORNER OF LOT 1 OF SAID BLOCK 49; AND BOUNDED ON THE WEST BY A LINE RUNNING FROM THE NORTHWEST CORNER OF LOT 20 TO THE SOUTHWEST CORNER OF LOT 7 OF SAID BLOCK 49. CONTAINING 0.17 ACRES MORE OR LESS. Serving Florida Local Governments Since 1988 2 Staff Report Applicant's Name(s): Charles H. Paschal & Frank DeCarlo Vacation of a portion of an east -west alley through block 49 Characteristics of the Sub'ect Propert Existing Proposed Future Land Use Map Classification Industrial Industrial Zoning District Industrial Industrial Use of Property Vacant Vacant 0.17 acres (7,400 sf) 0.17 acres (7,400 sf) Acreage Description of the Sub'ect Site and Surrounding Area The subject of the street vacation is a 20 by 370 -foot vacant, unimproved, alley right -of- way laying between the properties to the north and south owned by the Applicant. The unimproved alley runs from the platted right -of -way of NE 3rd Avenue and dead -ends at the eastern boundary of the Glades Gas property which fronts on US 441 and abuts the western boundary of the Applicant's properties and the alley. The parcel to the north contains two warehouse buildings occupying the western half of the property with the balance being vacant. These buildings are nonconforming with respect to the required rear setback because they abut up to the alley. The portion of the alley requested to be abandoned appears to be used as part of vehicular circulation around the two warehouse buildings. The property to the south of the alley, also owned by the Applicant is about 40 feet deep and 370 feet wide and abuts the CSX Railroad property immediately to the south. The following aerial photograph depicts the right -of- way proposed to be abandoned and the surrounding areas. Serving Florida Local Governments Since 1988 3 Staff Report Applicant's Name(s): Charles H. Paschal & Frank DeCarlo Vacation of a portion of an east -west alley through block 49 Consistenc with Sec. 78 -33, Vacation of Rights -of -Wa Sec. 78.33 states that applications to vacate a public right -of -way may be approved upon a finding by the City Council that the following requirements have been met: REQUIREMENT STAFF COMMENTS 1. Proposed vacation is consistent with the Comprehensive Plan. There is not/ling in t/le City's Comprehensive P /an concerning alleys. The property is designated /ndustria/ on the Future Land Use Map and will be used for purposes consistent with the industrial Future Land Use Category. Therefore, the vacation/ abandonment of the alley and its subsequent use will be consistent with City's Comprehensive P /an. 2. Right-of-way to be vacated is not the sole access to any property, and the remaining access is not an easement. The alley right -of -way is not the sole access to any property. All properties abutting tills alley right -of- way have vehicular access afforded from NE 9th Street. 3. Proposed vacation is in the public interest and provides a benefit to the City. The only public benefits associated with vacation of the subject alley right -of -way are that: a. After the vacation the alley property will be subject to ad valorem taxation, and b. /t is possible that the taxab /e value of t/le overall tract of /and on which the industrial use is located may increase by virtue of its increased utility and elimination of its nonconforming status. 4. Proposed vacation would not jeopardize the location of any utility. The Applicant has submitted signed Utility Company Authorization Forms and /or Consent Letter from FPL, CenturyLink, Comcast, OUA and the FLO -GAS CORPORAT /ON stating no objection to the proposed vacation /abandonment. Serving Florida Local Governments Since 1988 4 Staff Report Applicant's Name(s): Charles H. Paschal & Frank DeCarlo Vacation of a portion of an east -west alley through block 49 Recommendation Based on the foregoing information and analysis, we believe, from a planning perspec- tive, that the requested alley right -of -way vacation /abandonment is consistent with the requirements of Sec. 78 -33. Submitted by: j.. 7)4 Wm. F. Brisson, AICP Sr. Planner LaRue Planning & Management April 13, 2016 TRC Meeting: April 21, 2016 PB /BOA Meeting: May 19, 2016 City Council 1st Reading: June 21, 2016 City Council 2' Reading and Public Hearing: July 19, 2016 Serving Florida Local Governments Since 1988 5 MINUTES OF THE TECHNICAL REVIEW COMMITTEE THURSDAY, APRIL 21, 2016, 10:00 A.M. CITY OF OKEECHOBEE 55 Southeast 3rd Avenue Okeechobee, Florida 34974 Page 1 of 2 I. CALL TO ORDER — Chairperson. The April 21, 2016, Technical Review Committee meeting was called to order at 10:00 a.m. by Chairperson Montes De Oca. II. STAFF ATTENDANCE — Secretary. Voting Members: City Administrator Marcos Montes De Oca - Present Building Official Jeffrey Newell - Present Police Chief Denny Davis - Present Fire Chief Herb Smith — Present Public Works Director David Allen - Absent (Public Works Operations Supervisor Robertson in attendance) Non - Voting Ex- Officio Members: City Attorney John R. Cook - Present City Planning Consultant Bill Brisson - Present City Civil Engineering Consultant - Attendance not requested County Environmental Health Department Representative Doug McCoy - Absent OUA Executive Director John Hayford - Absent School District Representative - Absent Committee Secretary Patty Burnette - Present III. AGENDA — Chairperson. Chairperson Montes De Oca asked whether there were any requests for the deferral or withdrawal of items on today's agenda. There being none the Agenda stands as published. IV. MINUTES — Secretary. Building Official Newell moved to dispense with the reading and approve the Minutes for the regular meeting held March 17, 2016, seconded by Chief Davis. Motion carried unanimously. V. NEW BUSINESS — Chairperson. A. Abandonment of Right -of -Way Application No. 16- 001 -AC, to abandon a portion of the 20 -foot wide alley, running East and West between Lots 1 to 7 and 20 to 26 of Block 49, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida - Senior Planner. Planning Staff Report: Planner Brisson explained the applicants, Mr. Charles Paschal and Mr. Frank DeCarlo, are proposing to vacate a 20 -foot wide by 370 -feet alleyway. Within Block 49, Lots 1 to 3 and 24 to 26 are vacant. Warehouses are on Lots 4 to 7 with paved parking and driveways. Lots 20 to 23 contain a portion of the parking and driveway area. The buildings are nonconforming with respect to the required rear setback. The portion of the alley being requested to be abandoned appears to be used as part of vehicular circulation around the two warehouses. V. NEW BUSINESS CONTINUED. Abandonment of Right -of -Way Application No. 16-001-AC continued. TRC - April 21, 2016 - Page 2 of 2 Planning Staffs responses to the required findings are the abandonment is consistent with the City's Comprehensive Plan. The property is designated Industrial on the Future Land Use Map and will be used for purposes consistent with the Industrial Future Land Use Category. The alley right -of -way is not the sole access to the property as all properties abutting the alley right -of -way have access from Northeast 9th Street. The public benefits associated with the abandonment are, the alley property will be subject to ad valorem taxation and with the elimination of the nonconformity, it is possible the taxable value of the overall tract of land on which the industrial use is located may increase. No location of any utility would be jeopardized by the proposed vacation. Planner Brisson is recommending approval based on these findings. County Environmental Health Department: No issues were received. OUA: No issues were received. Public Works: No issues were received. Police Department: No issues were received. Building Official: No issues were received. Fire Department: No issues were received. Chairperson Montes De Oca asked whether there were any comments or questions from those in attendance. There were none. Chairperson Montes De Oca asked Committee Members to disclose for the record whether they had spoken to anyone regarding the application or visited the site. There were none. Motion and second offered by Building Official Newell and Public Works Supervisor Robertson to recommend approval without conditions of Abandonment of Right -of -Way Application No. 16-001-AC, to the Planning Board, to abandon a portion of the 20 foot wide alley, running East and West between Lots 1 to 7 and 20 to 26 of Block 49, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Motion carried unanimously. VI. ADJOURNMENT— Chairperson. There being no further items on the agenda, Chairperson Montes De Oca adjourned the Technical Review Committee meeting at 10:03 a.m. PLEASE TAKE NOTICE AND BE ADVISED that any person desiring to appeal any decision made by the Technical Review Committee 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. General Service's media are for the sole purpose of backup for official records of the Department ATTEST: Marcos Montes De Oca, Chairperson Patty M. 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O d -9 =5 Cn -0 U 'D s— a) a Q) -p O L _ -O C O O„ 2 c.-5- O L U 2 a) 0 a) 0_ 'O N O 0 a3 0 J 3 O F__..- N U v U U .E v) 3 3 2 w .E 2 Q 3 J 2 o Q c) Vote on motion. oo a) c0 2 L oN .0D0 o L O J In O U O a) 0 p O i O a) O (0 -0 a3 Q U 0 a3 o_ c,) 'a 0 N U > c O cn -C O O 'O O O >„ Z n3 2 E co- 0 co a (0 • U iff E tL a) 0 O Q) 0 R' c0 o v Lo C_ CO •- N or; 13 csi cn E o a> co O J N CO N 9 O O c(C. E C p).X - (0 O y C O U L d Q c Z C io - O_ .c (6 0 0) L g Yo E' X E (0 .' N o c v `O U :N w m c6 O_ cn 'O 1g C O as O_ (0 C • O O a) < 0 ( 0 0 0 0 S m Hear from the Property Owner or designee /agent - Jeremy LaRue. N N Motion to approve the first reading of proposed Ordinance No. 1136. c) City Attorney to read proposed Ordinance No. 1136 by title only. is Vote on motion to read by title only and set public hearing date. IUOROW UO e ofd (O b) Public comments and discussion. 2.a) Motion to approve the first reading of proposed Ordinance No. 1135. 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(a ;i- v) LL L X N w v U O —) N a) E- C) (o CO ° 'O °ZS N CO • 0) 'O CO f06 U PAGE 1 CITY OF OKEECHOBEE General Services Department 55 Southeast 3rd Street Okeechobee, Florida 34974 863 - 763 -3372 X 218 Fax: 863 - 763 -1686 ABANDONMENT OF RIGHT -OF -WAY PETITION PETITION NO. 16-m1-no Application fee (non - refundable) $600.00 Note: (Resolution No. 98 -11) Schedule of Land Development Regulation Fees and Charges When the cost for advertising publishing and mailing notices of hearings exceeds the Date Fee Paid: a - a 3 -1(0 Receipt No: L' 3'7(01 TRC Meeting: qf� Publication Date: y i5 `i - i - 1 (p Letters Mailed: Nit) PB/BOA Meeting: Publication Dates 5/1 , 511i 5- 11' (� Letters Mailed: 5I ` 1 t Lr public established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. ��c' ) City Council 15L Reading: G- a (- j(p CMR Letter E- mailed: City Council Public Hearing: --1, _ Publication Date: — 17-1/0 Right -of -way Definition: Land dedicated, deeded, used, or to be used for a street, alley, walkway, boulevard, drainage facility, access for ingress or egress, or other purpose by the public, certain designated individuals, or governing bodies. [F.S. Ch. 177 § 177.031(16)]. Easements for roads and related purposes shall be considered as right -of -way. Legal Description of the Right -of -Way to be Abandoned: A PORTION OF THE 20 FOOT WIDE ALLEY, RUNNING EAST AND WEST THROUGH BLOCK 49, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5. PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SAID PORTION BEING BOUNDED AS FOLLOWS; BOUNDED ON THE NORTH BY THE SOUTH LINE OF LOTS 1 -7 OF SAID BLOCK 49; BOUNDED ON THE SOUTH BY THE NORTH LINE OF LOTS 20 -26, OF SAID BLOCK 49; BOUNDED ON THE EAST BY A LINE RUNNING FROM THE NORTHEAST CORNER OF LOT 26 TO THE SOUTHEAST CORNER OF LOT 1 OF SAID BLOCK 49; AND BOUNDED ON THE WEST BY A LINE RUNNING FROM THE NORTHWEST CORNER OF LOT 20 TO THE SOUTHWEST CORNER OF LOT 7 OF SAID BLOCK 49. CONTAINING 0.17 ACRES MORE OR LESS. Note: Upon abandonment of a right -of -way in the City of Okeechobee or First Addition of City of Okeechobee Subdivision's, there may be a Fee Simple Interest from the Hamrick Trust. For more information contact Gil Culbreth, 3550 US Hwy 441 South, Okeechobee, Florida 34974, 863 - 763 -3154. Purpose of the Right -of -Way Abandonment: This abandonment will not create any non - conformities and will correct an existing non - conformity on the northern parcels in this portion of the block where the existing buildings encroach into the City Alley. PAGE 2 PETITION NO. I (0-00i- hC Required Attachments X Copy of recorded deed of petitioner as well as any other property owner whose property is contiguous to the right -of -way. YLetters of Consent or Objection. (If more than one property owner is involved and they are not signing the petition). SEE NOTE BELOW FOR ADDITIONAL INSTRUCTIONS Location map of subject property and surrounding area within 100' (See Information Request Form attached) and dimensions of right -of -way. List of all property owners within 300' of subject property (See Information Request Form attached) R Site Plan of property after abandonment. (No larger than 11x 17) Survey x Utility Companies Authorization Form. (See attached) X Supplementary supporting information: Copy of recorded Plat of the Subdivision where right -of -way exists no larger than 11x17. (Can be obtained from the County Clerk's Office, Court House) PLEASE NOTE: If there are other property owners that are contiguous to the subject right -of- way, a notarized letter must be attached with the following information: date, their name(s), what property they own, and whether they object to or consent to the right -of -way abandonment. (See attached sample letter) Name of property owner(s): Charles H. Paschal and Frank DeCarlo I hereby The request. imprisonment Si ; Owner(s) mailing address: 500 Coker Road East, Fort Pierce, FL 34945 Owner(s) e-mail address: CPaschal @central . com Owner(s) daytime phone(s): 772- 370 -5218 Fax: Required Attachments X Copy of recorded deed of petitioner as well as any other property owner whose property is contiguous to the right -of -way. YLetters of Consent or Objection. (If more than one property owner is involved and they are not signing the petition). SEE NOTE BELOW FOR ADDITIONAL INSTRUCTIONS Location map of subject property and surrounding area within 100' (See Information Request Form attached) and dimensions of right -of -way. List of all property owners within 300' of subject property (See Information Request Form attached) R Site Plan of property after abandonment. (No larger than 11x 17) Survey x Utility Companies Authorization Form. (See attached) X Supplementary supporting information: Copy of recorded Plat of the Subdivision where right -of -way exists no larger than 11x17. (Can be obtained from the County Clerk's Office, Court House) PLEASE NOTE: If there are other property owners that are contiguous to the subject right -of- way, a notarized letter must be attached with the following information: date, their name(s), what property they own, and whether they object to or consent to the right -of -way abandonment. (See attached sample letter) Charles H. Paschal Signature Printed Name Date Confirmation of Information Accuracy I hereby The request. imprisonment Si ; certify that the information contained in and /or attached with this petition is correct. information included in this petition is for use by the City of Okeechobee in processing my False or misleading information may be punishable by a fine of up to $500.00 and of up to 30 days and may result in the summary denial of this petition. A� .. ,- Alk. C. Frank DeCarlo / 0/99/6 re Printed Name Date Charles H. Paschal Signature Printed Name Date PAGE 2 PETITION N0. 112-00) -PC- f Name of property owner(s): Charles H. Paschal and Frank DeCarlo Owner(s) mailing address: 500 Coker Road East, Fort Pierce, FL 34945 • Owner(s) e-mail address: CPaschal @central. cum Owner(s) daytime phone(s): 772 -370 -5218 Fax: Required Attachments Copy of recorded deed of petitioner as well as any other property owner whose property is contiguous to the right -of -way. Letters of Consent or Objection. (If more than one property owner is involved and they are not signing the petition). SEE NOTE BELOW FOR ADDITIONAL INSTRUCTIONS X Location map of subject property and surrounding area within 100' (See Information Request Form attached) and dimensions of right -of -way. X List of all property owners within 300' of subject property (See Information Request X Form attached) Site Plan of property after abandonment. (No larger than 11x 17) Survey X Utility Companies Authorization Form. (See attached) X Supplementary supporting information: Copy of recorded Plat of the Subdivision where right -of -way exists no larger than 11x17. (Can be obtained from the County Clerk's Office, Court House) PLEASE NOTE: If there are other property owners that are contiguous to the subject right -of- way, a notarized letter must be attached with the following information: date, their name(s), what property they own, and whether they object to or consent to the right -of -way abandonment. (See attached sample letter) 11 Confirmation of Information Accuracy I hereby certify that the information contained in and /or attached with this petition is correct. The information included in this petition is for use by the City of Okeechobee in processing my request. False or misleading information maybe punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this petition. Signature Frank DeCarlo Printed Name Date Charles H. Paschal Oc t A‘ , ?o/5' Signature Printed Name Date PLEASE COMPLETE THE FOLLOWING FINDINGS REQUIRED FOR GRANTING A VACATION OF RIGHTS -OF -WAYS (Sec. 78 -33, page CD78:4 in the LDR's) It is the Petitioner's responsibility to convince the Technical Review Committee, Planning Board /BOA and City Council that approval of the proposed vacation is justified. Specifically, the Petitioner should provide in his /her application and presentation sufficient explanation and documentation to convince the reviewing body to find that: roposed vation rs conslstentn`vuitl stl eW`Coriiprehensi a Plan - This block is non - conforming due to the railroad right -of -way to the south, which have taken the southern portion of the south parcels in this block. The historic T alley as in the block to the north has been abandoned on the parcel to the immediate west of this parcel. With the abandonment to the west, this left a dead end alley on the parcel in question. This abandonment will not create any non - conformities and will correct an existing non - conformity on the northern parcels in this portion of the block where the existing buildings encroach into the City Alley. .- +. Z,.-.. �� ` �...�:��:�1'� �.�= i.- .�.C��.v :yP:� __ _ - cJ..�- - � -R � ,. �.Y i��.:�..' _ _ s.�.�::f.�� - �r.`f'.i:��i •= "i.�}�f 3-... kfilitidea yttal3M atedjis•;not �theTs.ole:access to any rieded ffi andtt'lierremamiiiea . access'�ismet an easement +° r r w, �` - -' 16 ' This Alley is not an access to any parcel. The road right -of -way to the east where this alley ends is not developed, so this parcel does not provide access to any adjacent parcel. i4iposed;vacation:is,mthe pub]i`c interest and prov'des,a leenef ,15:1 ie - c'-' There is probably not discernable public interest served by abandoning this alley, however, this alley that realistically serves no purpose would be added back to the City's tax rolls, which is in the City's interest and benefit. 4 Proposed �acatto wo ii 7---•:,...T..-^-r14,-,C p ei'w_ ... 7 .. r n ,_ uld;�iiot� e ardie %the�l'ocationof any�utthty There are currently no utilities located in this alley and with the abandonment of the western portion of this alley, access to utilities has been severed from any potential connection to utilities in the future. The City Staff will, in the Staff Report, address the request and evaluate it and the Petitioner's submission in light of the above criteria and offer a recommendation for approval or denial). ALLEY AND /OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I/We, Charles H. Paschal and Frank DeCarlo !insert name(s) of the owner(s) name, person(s) who is signing the letter of consent) own the following property: City of Okeechobee Lots 1 -7 and North 40' of Lots 20 -26, Block 49 (insert the legal description of the property) Do hereby consent or agree, with my /our signature below, to the closing of the alley and /or street described below: (insert the legal description of the street or alley requesting to be closed) (Note: if property is in two names by the word "and" both signatures are required, ie: Jim and Jane Doe. It if is in "or" only one signature is required, ie: Jim or Jane Doe. If company, the Registered Agent or President/Managers Name and attt ch Sunbiz.com information) Signature of Property Owner Signature of Property Owner Frank DeCarlo Charles H. Paschal Printed Name Printed Name STATE OF Florida COUNTY OF The foregoing instrument was acknowledged before me this (date) by Frank DeCarlo who is personally known to me or who produced as identification and who did (did not) take oath. (Seal) (Notary Public signature) Commission No. (Name of Notary typed, printed or stamped) STATE OF Florida / ,' COUNTY OF �' /1.u��v The foregoing instrument was acknowledged before me this L1P , 0 C fober %5f by Charles H. Paschal (date) who is personally known to me or who produced identification and who did (did not) take oath. (Seal) JAMIE CHRISTEN GORE NOTARY PUBLIC � •' STATE OF FLORIDA 11:+rAar; Comm# FF148896 Expires 8/7/2018 FL hi, wow- n. ure) ( - . ry Public as Commission No. FF / q '7 q to <Im!uChrigIc v'2 ore, (Name of Notary typed, printed orkamped) ALLEY AND /OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I/We, (insert name(s) of the owner(s) name, person(s) who is signing the letter of consent) own the following property: City of Okeechobee Lots 1 -7 and North 40' of Lots 20 -26, Block 49 (insert the legal description of the property) Do hereby consent or agree, with my /our signature below, to the closing of the alley and /or street described below: (insert the legal description of the street or alley requesting to be closed) (Note: if property is in two names by the word "and" both signatures are required, ie: Jim and Jane Doe. It if is in "or" only one signature is required, ie: Jim or Jane Doe. If company, the Registered Agent or President/Managers Name and attach Sunbiz.com information) Charles H. Paschal and Frank DeCarlo S(gnaflire of Property Owner Signature of Property Owner Frank DeCarlo Charles H. Paschal Printed Name Printed Name STATE OF Florida COUNTY OF i : 40 / � The foregoing instrument was acknowledged before me this (date) by Frank DeCarlo Cwho is personally known to xr who produced as identification and who did (did not) take oath. (Seal) LORY A EDWARDS MY COMMISSION #FF015618 EXPIRES May 7, 2017 FlortdallotarySe rvice.c om Public signature) Commission No. `r/5c7 /ff fir- /4 -C�� rc�s (Name of Notary typed, printed or stamped) 0 A- �.•,� 3hintd for lnwy.r.r 1114 Gaoionty Fond, Orlando; Florida. This imhunwnl was pnipard'bpr s Weil ran ij logo! (SIAM. 0114001—SErn0K 411.02 03.) PAT.R B6tcdiwatr .y uuo • sag a et Mils 3tlafnlurr, -Mod. Ihit day ol January- • 19 77 , lfimifp' MAX L. SMITH, Trustee under an u :noo dad Trust pursuant to.Secticn 669.071 Florida Statutes and deed reocolpd in Odfirint Pocord Book 160, Page 063,'Pu1311c Records,- oioeechcbeo County, Florida, . of ph. County of OKEECEICEG.E8 . Stat. of '• • PIDFQflI , g w o ?. and JAh.SES B. KI00D and C MR= B. PASOffAL ' . ..hot. post offic. oddrin 11 . ol tin County of , State of . , prordn *, ;iiiiITaeeri(j, That said grantor, for and in cwrJdnotion of thn sum of $10.00 • TETI'MD N3/100 . . . . . . . . uollon, and •othia goad and voluobb consid.rotiont to aid grantor In Fond paid by said pronto., 1M r.ceipt whereof h h.nby • ohnoc{kdp.cl=hat prptphd, barguind od"soid so tin said roan, and grantees heir. and ougn. former, No folb.ring. d.s.nitg ang nL4�iring and being in . .County, Florida, lo-ndl, r KG Q a-T - . • C. I —� . cam 1 m c lots 1 thru 7 inclusive, a `rd the Borth 40 .feet of . - wo W 1l Iota 20 thni.26; inclusive , Block 49; TCId1 OP Off, •—J2 k'- ,�. aooa=din to the plat thereof reCuuixi in Plat Book .1, 1a'W ^• Page 10 of the public reoarde of CEeednbeo ootzty," Tlctxida. YI., e. • and said grantor des kr.by fully warrant th. Kin. to told land, and rill d.land 1M tom against the lawful a aims of all persons rhomsa.o.r. • • "Gronbrn and 'pronto," on mad for stngutor or plural, of carotin nquirit. . • 341 iiiilniae $ihrrrnf, Grantor hot Mmmto %d grontors.Aond and s.ol ih.,day and y.oi Ent oban n4ti.t% sip nol.d and ct.47.13 in.our pns.nce, - (sari ! ?1� /.V:� ✓i1 '71•svrtnr a<gyfm•aa„1A (S.on STATE OE :1E1 �I - . COUNTY OF yr 1. HEREBY CERTIFY %hot on 1Fis day odoro m., on oeic.r duty quasitid 10 lotto bd,no.ldgm.na, p.noncliy opp.nmf - MAX I.. Stem 'Trashes as aforoiaid to me known to M eh. p.non dos nb.d In and rho ...mend the lor.gdnp imtrUm.nt end ocknorl.dg.d baton rn. that M ...catd the sons.. • .. INDEXED .& VERIFIED DIRECT INDIRECT Instrument Prepared By and Return to: Law Office of CASSELS & McCALL Post Office Box 968 Okeechobee, Florida 34973 (863) 763 -3131 File No: 2176 Parcel No: FILE 144111 2007004094 OR BK 00626 PG 0474 SHAM RDBERTSDHr CLERK OF CIRCUIT COURT OKEECHOBEE COMM FL RECORDED 03119/2007 04:38:49 P11 RECDRDIHG FEES 18.50 DEED DOC 350.00 RECORDED BY 11 Pinon Pas 9474 - 475; (toss) (Recording Information Above) 3- 15 -37 -35 -0010 -00490 -0010 - - 6(": -Cr-31 Sr 3- 15 -37 -35 -0010- 00490 -0070 IVA -art? DUrd 3- 15- 37 -35- 0010 - 00490 -0020 116-4- fount' 3- 15- 37 -35- 0010 -007 OnAIM DEED - r og PICJ(o' ^5* THIS QUIT CLAIM DEED executed this .day of December, 2006, by MARIAN LEA KIGHT, first party, to FRANK DeCARLO whose post office address is: 405 Southwest Second Street, Okeechobee, Florida 34974; second party. (Wherever used herein. the terms *first party' end'sccond party" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH: That the said first party, for and in consideration of the sum of $10.00 in hand paid by the said second party. the receipt whereof is hereby acknowledged, does hereby remise, release and quit claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of OKEECHOBEE, State of Florida, to wit: ALL OF LOTS 1 THROUGH 7 AND THE NORTH 40 FEET OF LOTS 20 THROUGH 26, INCLUSIVE, IN BLOCK 49, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. (NOTE: COPY OF PLAT RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA.) SUBJECT TO restrictions, reservations and easements of record, if any. THIS PROPERTY DOES NOT CONSTITUTE THE HOMESTEAD OF THE GRANTOR. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in any wise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behalf of the said second party forever. IN WITNESS WHEREOF the said first party has signed and sealed these presents the day and year first above written. Signed, Sealed and Delivered in the resence of: 1I,!,.4 1..a i� MA 2-140k1W6A41' A LEA KIGHT Printed Name of Witness 12176- 70767.WPDl Book626 /Page474 CFN #2007004094 Page 1 of 2 . • . !t VA1 SS n aria Printed Name of Witness STATE OF FLORIDA COUNTY OF OKEECHOBEE The fore oing instrument was acknowledged before me this -=t-= day of December, 2006, by MARIAH LEA HI HT who is personally known to me, or 0 who has produced RI identification. NOT A Y PUBLIC L I4bedf r t431 J Print 6d Name of itness -My Commission Expires: NOTARY PURI IC-STATE OF FLORIDA Kimberly Bush Commission # DD564181 Expires: JULY 31, 2010 IT IS HEREBY CERTIFIED THAT WE HAV 1aV iSA "VMS INSTRUMENT FROM INFORMATION GIVEN TO US BY THE PARTIES HERETO. WE DO NOT GUARANTEE EITHER MARKETABILITY OF TITLE, ACCURACY OF DESCRIPTION OR QUANTITY OF LAND DESCRIBED AS WE DID NOT EXAMINE THE TITLE TO THE PROPERTY INVOLVED. 711Y' 12 176- 7 0 7 67.WPDI Book626 /Page475 CFN #2007004094 Page 2 of 2 Prepared By and Return to John D. Cassels, Jr., Esq. Cassels & McCall P.O. Box 968 Okeechobee, Florida 34973 Parcel ID Number: 11116 I1IN1111 111111111111111111 11111111 FILE NUM 2010010612 OR L'K 00692 PG 0096 SHARON ROBERTSON! CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 10/05 /2010 03:58:06 PM AMT 10.00 RECORDING FEES $18.50 DEED DOC $0.70 RECORDED BY R Parrish Pes 0096 - 97; (2vss) PERSONAL REPRESENTATIVE'S DEED THIS PERSONAL REPRESENTATIVE'S DEED executed this day of September, 2010, by FRANKDECARLO, as Personal Representative of the Estate of JAMES B. KIGHT, deceased, first party to FRANK DECARLO, a single man, whose post office address is 405 SW 2 "a Street, Okeechobee, Florida 34974, second party all of the right title, and interest in and to the real property located in OKEECHOBEE County, Florida. (Wherever used herein, the terms "first party" and "second party" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH: That the said first party, for and in consideration of the sum of $10.00 in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of OKEECHOBEE State of Florida, to wit: AN UNDIVIDED ONE -HALF INTEREST IN ALL OF LOTS 1 -7, AND THE NORTH 40 FEET OF LOTS 20 -26, INCLUSIVE, IN BLOCK 49, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. (NOTE: COPY OF PLAT RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA.) Being all of the estate's interest in said real property. This property is commercial and does not constitute the homestead of the first party. Subject to covenants, restrictions, easements of record and taxes for the current year, if any. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. [4437- 85306.WPD] Book692 /Page96 CFN #2010010612 Page 1 of 2 Personal Representative's Deed Estate of James 13. Kight to Frank Decarlo TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in any wise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behalf of the said second party forever. IN WITNESS WHEREOF the said first party has signed and sealed these presents the day and year first above written. Signed, Sealed and Delivered in the presence of: W Printed name of Wt . i ess STATE OF FLORIDA COUNTY OF OKEECHOBEE CARLO, as Personal Rep r- sent. we of the Estate of JAMES B. KIG - , deceased. The foregoing instrument was acknowledged before me this J day of September, 10, by FRANK DECARLO, as Personal Representative of the Estate of JAMES B. KIGHT, deceased, who is personally known to me or ❑ who has produced as identifica on. �U .4 a 14 of Notary u. W t c t LOW ( r Printeddh'fyped/Stamped Name of Notary My commission expires: VIRONAS.WOOD MY COMMISSION EE000328 EXPIRES: August 14.2014 Bonded T ru Notary MkUndet*k1a Scrivener's Note: This instrument was prepared from information provided to us by one or more of the parties hereto. We do not guarantee ownership, marketability of title, accuracy of the legal description or quantity of land described as we did not examine the title to the property involved. [4437 - 85306. W PD] Page 2 of 2 Book692 /Page97 CFN #2010010612 Page 2 of 2 ALLEY AND /OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee The undersigned, FLO -GAS CORPORATION, owns the following property: Lots 8, 9 and 10 and the North 40 feet of Lots 17, 18 and 19, Block 49, of the Town of Okeechobee, according to the plat thereof, as recorded in Plat Book 1, Page 10, Public Records of Okeechobee County, Florida; and does hereby consent by its execution below, to the closing of the alley and/or street described as follows: A portion of the 20 foot wide alley, running East and West through Block 49, City of Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Said portion being bounded as follows: Bounded on the North by the South line of Lots 1 -7 of said Block 49; Bounded on the South by the North line of Lots 20 -26, of said Block 49; Bounded on the East by a line running from the Northeast comer of Lot 26 to the Southeast corner of Lot 1 of said Block 49; and Bounded on the West by a line running from the Northwest corner of Lot 20 to the Southwest corner of Lot 7 of said Block 49. Containing 0.17 acres more or less. FLO -GAS CORPORATION, a Florida corporation By :- -.�. -- Print Name. J VI-Eli o LOr As its: �iks,o�.� STATE OF FLORIDA COUNTY OF PALM BEACH The fore oing ins ment w 5 ac owledged before me this day of March, 2016, by "Tor else G , as Pj :de.4t of FLO -GAS CORPORATION, who is personally known to me or who produced PL. (ice; , te. Lic ks as identification and who did (did not) take an oath. (Seal) o Y PLe'� DONNA MCRANNOLDS =-; Notary Public - State of Florida •- Commission # FF 239752 ��/o��oeP My Comm. Expires Jun 27, 2019 Bonded through National Notary Assn. a. �,..c'say- C3ia .� 608452946.1 otary Public signature) Commission No.: 6 . i. L f i/. I (Notary name typed, printed or stamped) This instrument prepared by and return to: Brandon E. Kepple, Esq. BAKER & HOSTETLER LLP SunTrust Center, Suite 2300 200 South Orange Avenue Orlando, Florida 32801 (407) 649 -4000 Parcel ID No.: R 3- 15- 37 -35- 0010- 00490 -0080 Consideration: $70,000 SPECIAL WARRANTY DEED 1111111 11111 11111 11111111111111111111111 FT E NUM 2013001276 OR BK 00725 PG 1566 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 02/07/2013 11:40 :49 AM AMT 70,000.00 RECORDING FEES $27.00 DEED DOC $490.00 RECORDED BY L Sham Fss 1566 - 15681 (3pss) THIS SPECIAL WARRANTY DEED is made and given this 5111 day of February, 2013, by GLADES GAS COMPANY OF OKEECHOBEE, INC., a Florida corporation, whose mailing address is 804 N. Parrott Avenue, Okeechobee, Florida 34972 ( the "Grantor"), to FLO -GAS CORPORATION, a Florida corporation, whose mailing address is 909 Silver Lake Boulevard, Dover, Delaware 19904 (the "Grantee "). WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Grantor, in hand paid by the Grantee, the receipt of which is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain piece, parcel or tract of land lying and being in the County of Okeechobee, State of Florida (the "Property"), more particularly described as follows: See Exhibit "A " attached hereto and incorporated herein by this reference. SUBJECT TO ad valorem taxes and assessments for the year 2013 and subsequent years, and all reservations, covenants, conditions, restrictions, and easements of record; if any, but this instrument shall not operate to reimpose the same. TOGETHER WITH all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the said Grantor, but none other. ID ccc •tn,unne rr-ic n,.,., 4 . 7 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above written. Signed, sealed and delivered in the presence of: Print Name: t%�/Iv �, ( IIf,L�$� Signature of Witness o0 Print Name: J�cLL c ticCof State of FLORIDA County of OKEECHOBEE )ss. "Grantor" GLADES GAS COMPANY OF OKEECHOBEE, INC., a Florida corporation By: Monica Clark, President The foregoing instrument was acknowledged before me this 47 •day of February, 2013, by Monica Clark, as President of GLADES GAS COMPANY OF OKEECHOBEE, INC., A FLORIDA CORPORATION, on behalf of the corporation. She is personally known to me. (NOTARY S 044743, 000004, 601880000.1 2 -- 1,--/rlcIn..,.,.e cc7 -3-6;2724- Z. (G. -T14,9v32R)C._ (Notary Printed Name) n �� My Commission No.: Est: r•rt,t4tnn4 on-N 4 n7c n,..,..,. n ,. C o EXHIBIT "A" PARCEL 1 (FEE SIMPLE ESTATE) Lots 8, 9 and 10 and the North 40 feet of Lots 17, 18 and 19, Block 49, of the Town of Okeechobee, according to the plat thereof, as recorded in Plat Book 1, Page 10, Public Records of Okeechobee County, Florida. PARCEL 2 (LEASEHOLD ESTATE) Together with that portion of an alley lying in Block 49, City of Okeechobee, according to the plat thereof, as recorded in Plat Book 1, Page 10, Public Records of Okeechobee County, Florida, as set forth in that certain Lease Agreement recorded September 24, 1980, in Official Records Book 237, Page 393, Public Records of Okeechobee County, Florida, being more particularly described as follows: Beginning at the Northwest corner of Lot 17 of the said Block 49, bear Easterly 142.50 feet to the Northeast corner of Lot 19; thence bear Northerly 20.00 feet to the Southeast corner of Lot 8; thence bear Westerly 142.50 feet to the Southwest corner of Lot 10; thence Southerly 20.00 feet to the Point of Beginning. 044743,000004,601880000.1 3 d,-.. I.-70C It) .... -.e cco r•cro -14rn4 on/N.4 rr7c n....... o .--t 0 CITY OF OKEECHOBEE RIGHT -OF -WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It mber for each person. Florida Power & Light r Q t \-t S no ()� -N,q c-d- j on ` r -rt Y, dual 863 - 467 -3721 or -1- lJ u; �j t)' 4 *Li 00 47G> ur Donna Padgett Lt nth 1 54- A \- -v p . --r [ p 863 - 467 -3708 0a - Di.L off- kiG'7 -3-76e 2-- Authorized Signature Typed Name & Title Phone No. Date Century Link 863 - 452 -3473 Tess Bentayou tess.bentayoPcenturyl ink.com Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863 - 763 -2824 107 NW 7th Avenue Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority John Hayford 863- 763 -9460 100 SW 5th Avenue Authorized Signature Typed Name & Title Phone No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Date Hamrick Estate Gil Culbreth, Co- Trustee 863 - 763 -3154 Authorized Signature Typed Name &Title Phone No. Date CITY OF OKEECHOBEE RIGHT -OF -WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Florida Power & Light 863 -467 -3721 or Donna Padgett 863 -467 -3708 Authorized Signature Typed Name & Title Phone No. Date .mow Century Until 1i��JV�'� (, ", ` JQ�% 263.-45273473 L/07 y1Lj 'S 3/ Si e �� N 0 O -... ' + •you V IUfa/ - cfchc,� <� 4L UQX� 0 � �y+n��; authorized Signature VICfigit- S Zlcc hg.ti .1o7 7/4/ Typed Name &Title Phone No. Date Comcast Cable 863 - 763 -2824 107 NW 7th Avenue Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority John Hayford 863 - 763 -9460 100 SW 5th Avenue Authorized Signature Typed Name & Title Phone No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Date Hamrick Estate Gil Culbreth, Co- Trustee 863 - 763 -3154 Authorized Signature Typed Name &Title Phone No. Date February 25, 2016 VeA 44 ®D CenturyLink- 33 North Main Street, Winter Garden, FL 34787 407 - 814 -5318 Victoria.bucher@centurylink.com LETTER OF NO OBJECTION Ms. Jennifer L. Williamson Crary Buchanan P.O. Drawer 24 Stuart, FL 34995 -0024 SUBJECT: PROPOSED VACATE OF THAT CERTAIN 20' WIDE ALLEY LYING BETWEEN LOTS 1 -7 AND THE NORTH 40' OF LOTS 20 -26, BLOCK 49, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, AND IN PLAT BOOK 1, PAGE 10, ALL IN PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; PRN 763129 Dear Ms. Williamson: Please be advised that Embarq Florida, Inc. D/B /A CenturyLink ( "CenturyLink ") has no objection to the proposed vacate and abandonment of that certain 20' wide alley located at 204 NE 9th Street, Okeechobee, Florida and lying between Lots 1 -7 and the North 40' of Lots 20 -26, Block 49, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5 and in Plat Book 1, Page 10, all in the Public Records of Okeechobee County, Florida. Said alley lies between those certain parcels having an Okeechobee County Tax Parcel Identification Number of 3- 15- 37 -35- 0010 - 00490 -0010. The area proposed to be vacated is more particularly shown on the attached sketch. Should there be any questions or concerns, please contact me at 407 - 814 -5318 or by email at Victoria.bucherAcenturylink. com. Sincere EMII3 ' 0 FLORIDA, INC., D/B /A/ CENTURYLINK /iJIPf Vi toria S. Bucher, SR/W , R/W-NAC, R/W -AMC Negotiator - Network Re Estate C. P. Conrad, CenturyLink www.centurylink.com CITY OF OKEI CHOBEE RIGHT -OF -WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUC'CIONSt Uellverthe petition and this form to the following Utility Companies for their comments, It Florida Power & Light s.ui_ • 1 f4) I-- {-t- 06 . gr or, "fib Q63.467.3721 or lik .-.a � � • a 1 -e.) PCA L (~ -Cn _Q. - - ; -I Si- e M- Donna Padgett O - 467.3708 /1 1 Yip —1- t rv'MD .1 [• : !� Authorized Signature -0600 1(40-t Typed Noma &Title 3 -7t �°- Phone No. Date Century Link 863- 452 -3473 Tess Bentayou Less.begtt]yoface »tutyjlnit.com Authorized Signature Typed Remelt Title Phone No. Date Content Cnble s.ui_ • 1 L.S 11 t , • 1 1 a : ■ ,./ 1 863- 763 -2824 l� • 1 rr��, S IC�7 ;. .1 [• : !� I / �:-1� 107 NW 7th Avenue tilill�>� �, i!lirt 1 Authorized �Irnt►{s(rc A� $1,hvice-1 sir . 8W- $7,3 Typed Na e tle Phone No. not Okeechobee Utility Authority John Hayford 863-763-9460 100 SW 81h Avenue Authorized Signature Typed Name & Title Phone No. *REQUIRED ONLY FOR CITY OP OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Date Hamrick Estate GI! Culbreth, Co- Trustee 863- 763 -3154 Authorized Signature Typed Name & Title Phone No. Date CITY OF OKEECHOBEE RIGHT -OF -WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Florida Power & Light 863 - 467 -3721 or Donna Padgett 863 -467 -3708 Authorized Signature Typed Name & Title Phone No. Date Century Link 863 - 452 -3473 Tess Bentayou tess.bentayo@centurylink.com Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863 - 763 -2824 107 NW 70 Avenue Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority 6' oft) 92.6. 0✓6G 4./3- /- 2 .e4 -4 s4,/ of John Hayford 413- Zo - Z,/ R/o cat f9 863 - 763 -9460 , 1 100 SW 5th Avenue / V v le e 1 thorized Sina .7;--4.1 GXCG a .71,4 ./), Typed Name & Title Phone No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate 3/7AL Date Gil Culbreth, Co- Trustee 863 - 763 -3154 Authorized Signature Typed Name & Title Phone No. Date CITY OF OKEECHOBEE RIGHT -OF -WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Florida Power & Light 863- 467 -3721 or Donna Padgett 863 - 467 -3708 Authorized Signature Typed Name & Title Phone No. Date Century Link 863 -452 -3473 Tess Bentayou tess.bentayo0centurylink.com Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863- 763 -2824 107 NW 7th Avenue Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority John Hayford 863 - 763 -9460 100 SW 5w Avenue Authorized Signature Typed Name & Title Phone No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Date Hamrick Estate 77-I- /7/d- ,t/,21c K 7 u.,r f Ft 0 / dS At rE E_ Gil Culbreth, Co- Trustee /ni�t,.=z -T !AI y,q- /4/ %y �•�-7 j42 , 7°,` .e {� 863 - 763 -3154 / Authorized Signature g2 3-743 315-1 z- /7-14 Typed Name & Title Phone No. Date GIS /MAPPING DEPARTMENT VV.L. DILL Jnct\IVIt11v, ri\Vr LAN 1 nrr(\ruotli Drawn By: RU55 DUNCAN CFE, AGRICULTURE / MAPPER Date: 9/25/2015 THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE DOES NOT ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON "PLI Bo o 5 45. oi..heice Co. aoqk 5 -Aria 5 • KEECH • , ST: LUclE 00uN"ref-LOOlkIDA, ..... . :1‘.1‘ I •.I. • • ,3•"" 1.1 13:r.ki. Ql.a.theb.< Pia+ .gook5 • ?as, 5 107111 nininannia Inflig ! :3111 Inn :n Leann liOnnatin: Elsrt LaM MOO 11 201 NM UM ;Bannon 3411411310: Ing1201111 RN Inn Cd:O1 !IMO Una 85!11. 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Man :WV .414 4.4 31303 1 3333 v ir C !! 1! 110 all! aman liggil En 3 cia! 3gliC lfl gligy din II UP N 3.33 OE e-r our • LOY 5 ,•••v 13 I! flf G Ji eria, vAtolt"..z:21, '14.2.1iSF:SI•e4 es•••• ...41;1■7;14• •,0•••••-.7 ARO'. NOVE • 4.41.4.0.1 , larraaaatv..., . tray , o•ZotaiP,1•••••1".....i., •4 Staff Report Alley Vacation /Abandonment Request Prepared for: The City of Okeechobee Applicant: Charles H. Paschal & Frank DeCarlo Petition No.: 16-001-AC ! = .Planning & Management Services, Inc. 1375 Jackson Street. Suitc 206 , Fur[ 11��c•rn, Florida 2.59-3,H-3366 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name(s): Charles H. schal & Frank DeCarlo Vacation of a portion of an east -west alley through block 49 Request The matter before the TRC is an application to vacate a portion of the platted but unim- proved 20 -foot wide alley running east and west through Block 49, more particularly describe in the legal description of the property. The portion of the alley to be vacated encompasses about 0.17 acres. General Information Legal Description of Subject Property A PORTION OF THE 20 FOOT WIDE ALLEY, RUNNING EAST AND WEST THROUGH BLOCK 49, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5 PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SAID PORTION BEING BOUNDED AS FOLLOWS; BOUNDED ON THE NORTH BY THE SOUTH LINE OF LOTS 1 -7 OF SAID BLOCK 49; BOUNDED ON THE SOUTH BY THE NORTH LINE OF LOTS 20 -26, OF SAID BLOCK 49; BOUNDED ON THE EAST BY A LINE RUNNING FROM THE NORTHEAST CORNER OF LOT 26 TO THE SOUTHEAST CORNER OF LOT 1 OF SAID BLOCK 49; AND BOUNDED ON THE WEST BY A LINE RUNNING FROM THE NORTHWEST CORNER OF LOT 20 TO THE SOUTHWEST CORNER OF LOT 7 OF SAID BLOCK 49. CONTAINING 0.17 ACRES MORE OR LESS. Serving Florida Local Governments Since 1988 2 Staff Report Applicant's Name(s): Charles FI7Paschal & Frank DeCarlo Vacation of a portion of an east-west alley through block 49 Characteristics of the Subject Property Existing Future Land Use Map Classification Industrial Zoning District Industrial Use of Property Vacant Acreage Proposed Industrial Industrial Vacant 0.17 acres (7,400 sf) 0.17 acres (7,400 sf) Description of the Subject Site and Surrounding Area The subject of the street vacation is a 20 by 370-foot vacant, unimproved, alley right-of- way laying between the properties to the north and south owned by the Applicant. The unimproved alley runs from the platted right-of-way of NE 3rd Avenue and dead-ends at the eastern boundary of the Glades Gas property which fronts on US 441 and abuts the western boundary of the Applicant's properties and the alley. The parcel to the north contains two warehouse buildings occupying the western half of the property with the balance being vacant. These buildings are nonconforming with respect to the required rear setback because they abut up to the alley. The portion of the alley requested to be abandoned appears to be used as part of vehicular circulation around the two warehouse buildings. The property to the south of the alley, also owned by the Applicant is about 40 feet deep and 370 feet wide and abuts the CSX Railroad property immediately to the south. The following aerial photograph depicts the right-of- way proposed to be abandoned and the surrounding areas. Lit 1: V 5: Serving Florida Local Governments Since 1988 lind2ery Oat, .' 4 11, 27? I S7015,74 5r:1;1 -41 3 Staff Report Applicant's Name(s): Charles H. raschal & Frank DeCarlo Vacation of a portion of an east -west alley through block 49 Consistency with Sec. 78 -33, Vacation of Rights -of -Way Sec. 78.33 states that applications to vacate a public right -of -way may be approved upon a finding by the City Council that the following requirements have been met: REQUIREMENT STAFF COMMENTS 1. Proposed vacation is consistent with the Comprehensive Plan. There is nothing in the City's Comprehensive Plan concerning alleys The property is designated Industrial on the Future Land Use Map and will be used for purposes consistent with tAe Industrial Future Land Use Category. Therefore, the vacation/ abandonment of the alley and its subsequent use will be consistent with City's Comprehensive Plan. 2. Right -of -way to be vacated is not the sole access to any property, and the remaining access is not an easement. The alley right -of -way isnot tAe sole access to any property. All properties abutting this alley right-of- way have vehicular access afforded from NE 9th Street. 3. Proposed vacation is in the public interest and provides a benefit to the City. The only public benefits associated with vacation of the subject alley right - of-way are that: a. After the vacation the alley property will be subject to ad valorem taxation, and b. It is possible that the taxable value of the overall tract of /and on which the industrial use is /orated may increase by virtue of its increased utility and elimination of its nonconforming status 4. Proposed vacation would not jeopardize the location of any utility. The Applicant has submitted signed Utility Company Authorization Forms and /or Consent Letter from FPL, CenturyLink, Comcast, OUA and the FLO -C,AS CORPORATION stating no objection to the proposed vacation /abandonment. Serving Florida Local Governments Since 1988 4 Staff Report Applicant's Name(s): Charles rr.Paschal & Frank DeCarlo Vacation of a portion of an east -west alley through block 49 Recommendation Based on the foregoing information and analysis, we believe, from a planning perspec- tive, that the requested alley right -of -way vacation /abandonment is consistent with the requirements of Sec. 78 -33. Submitted by: - Wm. F. Brisson, AICP Sr. Planner LaRue Planning & Management April 13, 2016 TRC Meeting: April 21, 2016 PB /BOA Meeting: May 19, 2016 City Council 1st Reading: June 21, 2016 City Council 2nd Reading and Public Hearing: July 19, 2016 sr� Serving Flnrida Local Governments Since 1988 5 MINUTES OF THE TECHNICAL REVIEW COMMITTEE THURSDAY, APRIL 21, 2016, 10:00 A.M. CITY OF OKEECHOBEE 55 Southeast 3rd Avenue Okeechobee, Florida 34974 Page 1 of 2 I. CALL TO ORDER — Chairperson. The April 21, 2016, Technical Review Committee meeting was called to order at 10:00 a.m. by Chairperson Montes De Oca. II. STAFF ATTENDANCE — Secretary. Voting Members: City Administrator Marcos Montes De Oca - Present Building Official Jeffrey Newell - Present Police Chief Denny Davis - Present Fire Chief Herb Smith — Present Public Works Director David Allen - Absent (Public Works Operations Supervisor Robertson in attendance) Non - Voting Ex-Officio Members: City Attorney John R. Cook - Present City Planning Consultant Bill Brisson - Present City Civil Engineering Consultant - Attendance not requested County Environmental Health Department Representative Doug McCoy - Absent OUA Executive Director John Hayford - Absent School District Representative - Absent Committee Secretary Patty Burnette - Present III. AGENDA — Chairperson. Chairperson Montes De Oca asked whether there were any requests for the deferral or withdrawal of items on today's agenda. There being none the Agenda stands as published. IV. MINUTES — Secretary. Building Official Newell moved to dispense with the reading and approve the Minutes for the regular meeting held March 17, 2016, seconded by Chief Davis. Motion carried unanimously. V. NEW BUSINESS — Chairperson. A. Abandonment of Right -of -Way Application No. 16- 001 -AC, to abandon a portion of the 20 -foot wide alley, running East and West between Lots 1 to 7 and 20 to 26 of Block 49, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida - Senior Planner. Planning Staff Report: Planner Brisson explained the applicants, Mr. Charles Paschal and Mr. Frank DeCarlo, are proposing to vacate a 20 -foot wide by 370 -feet alleyway. Within Block 49, Lots 1 to 3 and 24 to 26 are vacant. Warehouses are on Lots 4 to 7 with paved parking and driveways. Lots 20 to 23 contain a portion of the parking and driveway area. The buildings are nonconforming with respect to the required rear setback. The portion of the alley being requested to be abandoned appears to be used as part of vehicular circulation around the two warehouses. TRC - April 21, 2016 - Page 2 of 2 V. NEW BUSINESS CONTINUED. Abandonment of Right -of -Way Application No. 16-001-AC continued. Planning Staffs responses to the required findings are the abandonment is consistent with the City's Comprehensive Plan. The property is designated Industrial on the Future Land Use Map and will be used for purposes consistent with the Industrial Future Land Use Category. The alley right -of -way is not the sole access to the property as all properties abutting the alley right -of -way have access from Northeast 9th Street. The public benefits associated with the abandonment are, the alley property will be subject to ad valorem taxation and with the elimination of the nonconformity, it is possible the taxable value of the overall tract of land on which the industrial use is located may increase. No location of any utility would be jeopardized by the proposed vacation. Planner Brisson is recommending approval based on these findings. County Environmental Health Department: No issues were received. OUA: No issues were received. Public Works: No issues were received. Police Department: No issues were received. Building Official: No issues were received. Fire Department: No issues were received. Chairperson Montes De Oca asked whether there were any comments or questions from those in attendance. There were none. Chairperson Montes De Oca asked Committee Members to disclose for the record whether they had spoken to anyone regarding the application or visited the site. There were none. Motion and second offered by Building Official Newell and Public Works Supervisor Robertson to recommend approval without conditions of Abandonment of Right -of -Way Application No. 16- 001 -AC, to the Planning Board, to abandon a portion of the 20 foot wide alley, running East and West between Lots 1 to 7 and 20 to 26 of Block 49, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Motion carried unanimously. VI. ADJOURNMENT— Chairperson. There being no further items on the agenda, Chairperson Montes De Oca adjourned the Technical Review Committee meeting at 10:03 a.m. PLEASE TAKE NOTICE AND BE ADVISED that any person desiring to appeal any decision made by the Technical Review Committee 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. General Service's media are for the sole purpose of backup for official records of the Department ATTEST: Marcos Montes De Oca, Chairperson Patty M. Burnette, Secretary NNING BOARD - PAGE 2 OF 7 MAY 19, 2016 — P ACTION - DISCUSSION — VOTE O OS CO a) a) N y a) >, _o _c L a) m 0 • E U u DO -- CO C C L a) L a) t O c Q m 3 5> CO 3 0 3 ▪ CO L LT 0 C )n a) c -O U U Q N L 0 a) > a) - aJ O o 0 a) ..-- E -O C 0 ca m 0 5 a w a) -5 o m 0 a n a) O-o 00 > L O Cl) N 0-o m a) O N U '-,;,1 U Ca- (a O N 0 m L .— ° o m Q E ° Q U 0 m 'o m O V) 4 ▪ cn • a) ° m O)U Q Q C -0 0--c O C u) O aJ .c O ±-._ 0) -O .. ' Q 5 a) in Q 3 0 "� a) U o o O-C a) °J _0 o 5 0 N E L .o a O 00 L m a) Q� m Q 0 U O o 3 m d T O N m m c o 3 m L c> a) • . U Q E -O E aJ ~ O a1) aJ c o _ ' E 0 — O c `n O to — 0 a) m O m O m U @ U 3 0 O QE al a) 0 73:___, co 7._ w N ° Q m 0 0 U m p s 0 a) )t O N -O > u1 C O) � L-. a) r--- 5 o Cr -C m o -' T o - o m 2 • u) 3 a 5 a iu a. E a) ca am) a.) -0 a) 6 c c CO D 3= O _N O: t 0 U .2 -O "U 0 (- 3 � 0 . c DO 00 °O T al m J 0 o O CL z N C N 0 N _� u) m L ) O c aV m C U Q Q w O• m C D -- -a ° m 0 a) o L o_ww >w d C z 6 O -- Y T 0 O> a)O Q Q) 3- - 0 0 L d La) W Q •. a) L -- m O a C• m> as C Q c O (- .0 0 c n 0 m - c m ce _ a)_o co 3 N p u, 0 o a ) us -c5 O J C Ll N O O L Q O O L T CO. L C O aJ -6 rn u) is O rn v c L ) N c z oo 0 o ca 0 c . o o > ca 0 10 a v m J aiTa ) c ° ° =cC 0 = 0 =o o -o o a m m O c Q U N w E 0 a) Co a) C m— L c. o U a) .(6 a o Q .0 u_.5 _Cu O O O N O L 0 C.] 00 Y 0_ m O7 O m in L V Y U m �a a) m 2 S O a) Q_ O Q O c N ,= Q O "O UQwO Ou_ 3 N 9 - m° a m CO Mr. Steve Dobbs was present to respond to questions. There were none. 2 a) a) o ;n p u) T 3 0ci . UWU) d C ul c CO U _o T� 0 c a0) I— C -O U C Ct ca C E U U ° O C) T L C c _0 a) a -o Y 0LO, m (1) Q = 0_ CJ O -6_ cu m 3 0) CO .= 0 d O CO a L Y O 0 vi- a) >-, C d O Y _c y m N o O a) O E Q ` 'O .c CI] O aJ u m c _m ..- L -O Q _ .O a) (n CU 0_ us 0 L c E c 0) L O 3 L 00 0 c -o a) o -o 0 Cr L cz O- O - o o a) C N O 0 0 m a) 0__ O cn _c 0 c O > _ Y O E ° 0 Q c° O m E 0 0 a) a) o -6 e, O NO L (6 O) T N_ a) - E��-a m a E m co w U a) 0 0 0 0) O O O U o C m L m o) 3 CO 01— c a) a.; - N E O aJ _0 - O a) C9 C 4) E cn L .O 5 N 4= > w N a0i ° 0 O C a) O'O _c -o N E N aJ CO ca N C -0 O C ° O 3 3 a mm ` -0 o aJ m cv -O 0 0 0 .0 0 - Y c ) < p 0 co 0 0 O LL m m 0) U a`) a`) -U Q O .� Q m U J 0 0 0 d O) a) O c = 0 0 m 0 cn O a) U 0 c m co a c c L 3 0 a a) a) Y 0 u) O) c CO ` J m a Q .5 O m i `Q 0 O .V 0 0 CO 0 m L 0 L OD N O 0_ Y U c U E 2 < 8 o z W CO I- U O co O O L O O C r3 0 a) > Cl_ C O c O a) m ri ca sp J 0 N ▪ _O ° c O7 _0 = m p N d O u) O T 0 _ 0 o c° u-i c - -9 Y > 0 5 ° a) c O O O mm^ c, -ma . U c L m o) as a) I O .` wO Q' O Q C = m U "o i N m a) a) O O !n 0 X Q c 5 L U m w C W a a) a) O m E ° v -m0 0 ° c a) 0 .0 N .O •m O ° N O C � c Y a O c 2 0 W o 0 CO - .: C C L CD o m o 0 t • mQ • a) U 3 N O O.. _c 'a Oi a) O C U a`a, 3 U 3 v m c 0 0 0 O C/) �_ - CO 0 ci (o O o U o_ O oc p N U ce p N Y C CL o CL O m • 0 U Q = c w N. C1 t-. E u p m m C E 0 a) L U@ ..-. O O - E U a, T m Q .-- Cd S Q 0 c a) 0 a) U U as Q Q Q m 0 ] r a- 0 m w — N M •t Lii a O < MAY 19, 2016 — PLANNING BOARD - PAGE 3 OF 7 ACTION - DISCUSSION - VOTE Chairperson Hoover asked whether there was any further discussion. There was none. W O BAUGHMAN- B Mc Hoov O'B Y i N T N C N N N a) 07 O O^ O L L • .0n co m aa) E a) a) c N U a) o N N O 3 a) n L CU N O Q) 'N Q1 L E p t- L> C ai o o .E ° c ~ CO L Z C O N p a) 3° c 0 0 J O O CO c N Q V O O Z Y J p U 4) 0 c ▪ 0 R -o al . CD (Q L (E O Q) ▪ N O N CI N 0 as - N <n -o 0 L w 0 f6 c o C N at c 3 L a) -N (a0 U c C o U U Q Z Q Q) O O N 7 (6 C 6] N 0 LL' D 0 C w„ C- a -O @ 0 N C N .2 O • a) — m to c m a) is v L a)--• r- . o_ oa �° Q O °° U U 'Q _°c) EO C i/) N L U o. 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CD 0 0 0 CD CD 0_ CCD CD st- CD CD CD 0 c) O 3 3 CD 0) 0 0 o' 0 3 O (n co 5' FIT CZ tv (7 CD CD CD CD CD Mr. Steve Dobbs was present to respond to questions. There were none. 5- cu sru o —'� C7 o- O- C2 ° -a : s= c� o� O cn 0 O `L— O cn 0 0 =- �- • < co = cO a) co a Q 3 0 Q � o o v a) con 0 m _ cD (5' ° C v v CD v DD ,=,: co -Qm = DD. Q 0 3 °� - co :- o o �, o o CD 0 CO �< o .. o 0_ c — : (O (D .C: � 0 `G OO Q cn Q=- _ CD 5 �n CD — CD ovi a c T � v' CD Q 0- < o- a) N CD (D. 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(-' o c_.(13- `<sn o co co C3, o 0 is CD o co D a) c < :r 0 0 0) Q 0.) 0 -< O cD cO o x o n) ' O cD (76 CD � = cr o -a s CD C_ 0_ = cu CD CD 0 Cu o 0 0 •-< 0 O -0 CD * (s 0 o r o -< o o a 0 - - c o cu coo (° co = co o -•- - 0 3" CCDD � o CD CZ -, C31 N CD CD cn O Ei a) 0 0 cn O co CD Cr CD a 0.(7) Q O = C Q = v v o o (O C) D m N O O O m O m m D m co r- 0 m D 0 D a) cn D 0 rn D D 310A — NOISSf1OSIO - NOIIOV MAY 19, 2016 — PLANNING BOARD - PAGE 2 OF 7 INDEPENDENT NEWSMEDIA INC. USA Okeechobee ■• 107 SW 17th Okeechobee, :.tcla. 863-7...4 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News; a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. /l Katrina Elsken Sworn to and mat bscribed efore me this C day ofkt?u qc) Pao AD Notary Large Public, State of Florida at Lar g J ANGIE BRIDGES tha 1*. MY COMMISSION # FF 978149 ? . , g; EXPIRES ApdI20, 2020 ,R :f,;k°P* Bonded Thru Notary Public Undermiters 2 uite D 3 iVFf 2016 N CORRECTED PUBLIC NOTICE RIGHT-OF-WAY ABANDONMENT NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held be- fore the Oty of Okeechobee Planning Board on Thur., May 19, 2016, 6 PM, or as s000nthereer possible, at Oty Hall, 55 S 3rd Aveu, Coun- cil Chambers, Rm 200, Okeechobee, FL, to consider and receive input on Abandonment of Right -Of -Way Petition No. 16- 001 -AC, submitted by the property owners, Charles H. Paschal and Frank DeCarlo. Petition No. 16- 001 -AC requests to vacate the 20 -foot wide alley running East to West between Lots 1 -7 and 20-26 of Block 49, City of Okeechobee Plat Book 5, Page 5, Public Records, Okeechobee County, containing ap- pmldmately 0.17 acres. The hourssMon Fri, may AM-4:30 PM, PM,texcept address orr holidays. The pu�bliclaiou business aged to attend. The Planning Board will offer a recommendation to the Gty Council, tenta- tively scheduled on June 21, 2016. (First Reading) and final adoption Public Hearing on July 19, 2016, 6 PM. ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board with respect to any matter considered at this meeting will need to en- sure a verbatim record of the proceeding Is made and the record indudes the testimony and evidence upon which the appeal will be . based. I accor- dance with the Americans with Disabilities Act ((ADA), any person with a disability as defined by the ADA, that needs special accommodation to par - two business days prior ttoo,proceeding, 863-763 -3372 Office no later than video BE ADVISED that should ROD 2tj UP Intend document or items to the Planning Board In support or opposition to any on the ageend aac y f hes iu , video, or Rem must be provided nrSe tfor h document, records. UMOU)f [pm afa DUE arnnnrr nIr 5 Email Transmittal CITY OF OKEECHOBEE Office of the City Clerk* 55 SE 3`d Avenue * Okeechobee, FL 34974 863 - 763 -3372 ext. 215 To: Independent Newspapers, Inc. - Okeechobee News — Ad Dept. Attention: Janet Levy, jlevy(c�newszap.com From: Bobbie Jenkins, Deputy Clerk, bjenkins(a�citvofokeechobee.com Ad Type: Legal Publish On: Wed 5/11/16 Proof of Affidavit(s): 1 Authorized By: CA G 1Y C t(7) )4Ql'�. Date: 5 fa I / • Email Date/Time: 9!21D[Zol(, f,'©P1''' Ad /Order# �,-j, . J Amount $: Proofed B : _ �! .irw►._ Date to Finance: Draw#: 3 PO #: 4075 Check #: Mailed On: CORRECTED PUBLIC NOTICE RIGHT -OF -WAY ABANDONMENT NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held before the City of Okeechobee Planning Board on Thur., May 19, 2016, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Avenue, Council Chambers, Rm 200, Okeechobee, FL, to consider and receive input on Abandonment of Right -Of -Way Petition No. 16- 001 -AC, submitted by the property owners, Charles H. Paschal and Frank DeCarlo. Petition No. 16- 001 -AC requests to vacate the 20 -foot wide alley running East to West between Lots 1 -7 and 20 -26 of Block 49, City of Okeechobee Plat Book 5, Page 5, Public Records, Okeechobee County, containing approximately 0.17 acres. The petition may be inspected at the address above during regular business hours, Mon -Fri, 8 AM- 4:30 PM, except for holidays. The public is encouraged to attend. The Planning Board will offer a recommendation to the City Council, tentatively scheduled on June 21, 2016 (First Reading) and final adoption Public Hearing on July 19, 2016, 6 PM. ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Office no later than two business days prior to proceeding, 863 - 763 -3372. BE ADVISED that should you intend to show any document, picture, video or items to the Planning Board in support or opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. BY: Zoning Administrator Marcos Montes De Oca, Petition No. 16- 001 -AC INDEPENDENT NEWSMEDIA INC. USA Okeechob 107 SW 17th Okeechobee 863 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a f 1 -C .e in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and. subscribed I D?i day of Katrina Elsken Notary Public, State of Florida at Large ( (ltr m ANGIE BRIDGES MY COMMISSION # FF 978149 EXPIRES:ApriI20, 2020 •}`oej:,?, " Bonded Thu Notary Public Underwriters AD t, Su orida 31 ')' • 4 e L )1 PUBLIC NOTICE •RIGHT -OF -WAY ABANDONMENT NOTICE I5 HEREBY GIVEN that a PUBLIC HEARING will be held be- fore the Oty of Okeechobee Planning Board on May 19, 2016, 6 PM or as soon thereafter as possible, at City Hall, 55 SE 3rd Avenue, Coon - al Chambers, Rm 200, Okeechobee, FL, to consider and receive Input on Abandonment of Right-Of- -Way Petition No. 16- 001 -AC, submttted by .the property owners, Charles H. Paschal and Frank DeCarlo. Petition No. 16-001 -AC requests to vacate the 15 foot wide alley running East to West between Lots 1 -7 and 20-26 of Block 49, Gty of Okeechobee Plat Book 5, Page 5, Public Records, Okeechobee County, containing ap- proximately 0.17 acres. The petition may be Inspected at the address above during regular business hours, Mon -Fri, 8 AM-4:30 PM, except for holidays. The public is encour- aged to attend. The Planning Board will offer a recommendation to the GtCouncil, tenta- tively scheduled on June 21, 2016 (First Reading) and final adoption Public Hearing on July 19, 2016, 6 PM. ANY PERSON DECIDING TO APPEAL any derision made by the Planning Board with respect to any matter considered at this meeting will need to en- sure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs speaal accommodation to par- ticipate In this proceeding, contact the General Services Office no later than two business days prior to proceeding, 863 - 763 -3372. BE ADVISED that should you Intend to show any document, picture, video or items to the Planning Board In support or opposition to any item on the agenda, a copy of the document, picture video, or item must be provided to the Board Seaetary for the City's records. BY: Zoning Administrator Marcos Montes De Oca, Petition No. 16-001 -AC 475872 ON 5/1,11/2016 - Email Transmittal CITY OF OKEECHOBEE Office of the City Clerk* 55 SE 3rd Avenue * Okeechobee, FL 34974 863 - 763 -3372 ext. 215 To: Independent Newspapers, Inc. - Okeechobee News - Ad Dept. Attention: Janet Levy, jlevy(a�newszap.com From: Bobbie Jenkins, Deputy Clerk, bjenkins @cityofokeechobee.com Ad Type: Legal Publish On: Sun 5/1/164 Proof of Affidavit(s): 1 Proofed : pi Wed 5/11/16/ 4q0112- Authorized By: Date: aCo- x.)20/4 Email Da e/Time: Ad /Order# Amount $: Proofed : pi 4/2J1 2D11v q: l0 Qm 4q0112- i5V , ®3 Date to Draw#: 3 PO #: 4075 Check #: ,� inance: Mailed On: PUBLIC NOTICE RIGHT -OF -WAY ABANDONMENT NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held before the City of Okeechobee Planning Board on Thur., May 19, 2016, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Avenue, Council Chambers, Rm 200, Okeechobee, FL, to consider and receive input on Abandonment of Right -Of -Way Petition No. 16 -001, submitted by the property owners, Charles H. Paschal and Frank DeCarlo. DK; Petition No. 16-001- requests to vacate the 15 foot wide alley running East to West between Lots 1 -7 and 20 -26 of Block 49, City of Okeechobee Plat Book 5, Page 5, Public Records, Okeechobee County, containing approximately 0.17 acres. The petition may be inspected at the address above during regular business hours, Mon -Fri, 8 AM- 4:30 PM, except for holidays. The public is encouraged to attend. The Planning Board will offer a recommendation to the City Council, tentatively scheduled on June 21, 2016 (First Reading) and final adoption Public Hearing on July 19, 2016, 6 PM. ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Office no later than two business days prior to proceeding, 863 - 763 -3372. BE ADVISED that should you intend to show any document, picture, video or items to the Planning Board in support or opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. BY: Zoning Administrator Marcos Montes De Oca, Petition No. 16-001-R Ac-- Patty Burnette From: Patty Burnette Sent: Monday, May 16, 2016 10:16 AM To: 'Steven L. Dobbs'; 'Jennifer L. Williamson' Subject: PB /BOA Meeting May 19, 2016 Attachments: Agenda May 2016.pdf; Staff Report 16- 001 - AC.pdf; TRC 042116 Minutes.pdf Good Morning Steve and Jennifer. Please be advised that the Planning Board /Board of Adjustment and Appeals of the City of Okeechobee will be considering the following on Thursday, May 19, 2016 at 6:00 p.m., or as soon thereafter as possible, in the City Council Chambers: • Application No. 16- 001 -AC, Abandonment of Right -of -Way to abandon a portion of the 20 -foot wide alley, running East and West between Lots 1 to 7 and 20 to 26 of Block 49, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. A copy of the Planning Board /Board of Adjustments and Appeals Agenda is attached, along with a copy of the Staff Report (this is the same Staff Report from the TRC Meeting from April 21, 2016). A copy of the TRC Minutes from the April 21, 2016 Meeting is also attached where the Committee made a motion to recommend to the Planning Board approval of the abandonment without conditions. Should you have any questions, or if you, or a representative, cannot attend this meeting please let me know. Thank you, Patty Puffy M. f3u- rt"-eAte General Services Coordinator City of Okeec(iolee 55 Southeast 3rd Avenue Okeechobee, 'FL 34974 T 863-763-3372 ext. 218 Tax: 863 - 763 -1686 1 MINUTES OF THE TECHNICAL REVIEW COMMITTEE THURSDAY, APRIL 21, 2016, 10:00 A.M. CITY OF OKEECHOBEE 55 Southeast 3rd Avenue Okeechobee, Florida 34974 Page 1 of 2 I. CALL TO ORDER — Chairperson. The April 21, 2016, Technical Review Committee meeting was called to order at 10:00 a.m. by Chairperson Montes De Oca. II. STAFF ATTENDANCE — Secretary. Voting Members: City Administrator Marcos Montes De Oca - Present Building Official Jeffrey Newell - Present Police Chief Denny Davis - Present Fire Chief Herb Smith — Present Public Works Director David Allen - Absent (Public Works Operations Supervisor Robertson in attendance) Non - Voting Ex- Officio Members: City Attorney John R. Cook - Present City Planning Consultant Bill Brisson - Present City Civil Engineering Consultant - Attendance not requested County Environmental Health Department Representative Doug McCoy - Absent OUA Executive Director John Hayford - Absent School District Representative - Absent Committee Secretary Patty Burnette - Present III. AGENDA — Chairperson. Chairperson Montes De Oca asked whether there were any requests for the deferral or withdrawal of items on today's agenda. There being none the Agenda stands as published. IV. MINUTES — Secretary. Building Official Newell moved to dispense with the reading and approve the Minutes for the regular meeting held March 17, 2016, seconded by Chief Davis. Motion carried unanimously. V. NEW BUSINESS — Chairperson. A. Abandonment of Right -of -Way Application No. 16- 001 -AC, to abandon a portion of the 20 -foot wide alley, running East and West between Lots 1 to 7 and 20 to 26 of Block 49, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida - Senior Planner. Planning Staff Report: Planner Brisson explained the applicants, Mr. Charles Paschal and Mr. Frank DeCarlo, are proposing to vacate a 20 -foot wide by 370 -feet alleyway. Within Block 49, Lots 1 to 3 and 24 to 26 are vacant. Warehouses are on Lots 4 to 7 with paved parking and driveways. Lots 20 to 23 contain a portion of the parking and driveway area. The buildings are nonconforming with respect to the required rear setback. The portion of the alley being requested to be abandoned appears to be used as part of vehicular circulation around the two warehouses. TRC - April 21, 2016 - Page 2 of 2 V. NEW BUSINESS CONTINUED. Abandonment of Right -of -Way Application No. 16- 001 -AC continued. Planning Staffs responses to the required findings are the abandonment is consistent with the City's Comprehensive Plan. The property is designated Industrial on the Future Land Use Map and will be used for purposes consistent with the Industrial Future Land Use Category. The alley right -of -way is not the sole access to the property as all properties abutting the alley right -of -way have access from Northeast 9th Street. The public benefits associated with the abandonment are, the alley property will be subject to ad valorem taxation and with the elimination of the nonconformity, it is possible the taxable value of the overall tract of land on which the industrial use is located may increase. No location of any utility would be jeopardized by the proposed vacation. Planner Brisson is recommending approval based on these findings. County Environmental Health Department: No issues were received. OUA: No issues were received. Public Works: No issues were received. Police Department: No issues were received. Building Official: No issues were received. Fire Department: No issues were received. Chairperson Montes De Oca asked whether there were any comments or questions from those in attendance. There were none. Chairperson Montes De Oca asked Committee Members to disclose for the record whether they had spoken to anyone regarding the application or visited the site. There were none. Motion and second offered by Building Official Newell and Public Works Supervisor Robertson to recommend approval without conditions of Abandonment of Right -of -Way Application No. 16- 001 -AC, to the Planning Board, to abandon a portion of the 20 foot wide alley, running East and West between Lots 1 to 7 and 20 to 26 of Block 49, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Motion carried unanimously. VI. ADJOURNMENT— Chairperson. There being no further items on the agenda, Chairperson Montes De Oca adjourned the Technical Review Committee meeting at 10:03 a.m. PLEASE TAKE NOTICE AND BE ADVISED that any person desiring to appeal any decision made by the Technical Review Committee 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. General Service's media are for the sole purpose of backup for official records of the Department. ATTEST: Marcos Montes De Oca, Chairperson Patty M. Burnette, Secretary INDEPENDENT NEWSMEDIA INC. USA Okeechobeeews 107 SW 17th Stfeei; Suite 1I5 Okeechobee, Nediida 414 863 - 763 - 3,134 3j STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of /ii271 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of its-I/ (4. Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and s bscribed before me this ' S (-Lt, day of at/Lai 2-6 AD Notary Public, State of Florida at Large JASL 1 4;7 .. op a,, ANGIE BRIDGES * , *: MY COMMISSION # FF 976149 ? :o= EXPIRES:Ap11120,2020 -,,f,p , F`QP • Bonded Thru Notary Pubtic Underwriters PUBLIC NOTICE TECHNICAL REVIEW COMMITTEE MEETING NOTICE NOTICE IS HEREBY GIVEN that the Qty of Okeechobee Tedmkal Re- view Committee (TRC) will conduct a regular meeting on Thu, Apr. 21 2016, at 10 AM, or as soon thereafter as possible at City Hat, 555E 3rd Ave, Rm 200, Okeechobee, FL The public is invited and encouraged to at- tend. The agenda may be obtained from dtyofokeechobee.com or by calling the General Services Office, 863- 763 - 3372 x218. ANY PERSON DECIDING TO APPEAL any dedsion made by the TRC with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding i5 made and the record includes the testi- mony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act �A), any person with a disability as defiried by the ADA, that needs spedal accommodation to partdpate in this proceeding, contact the General Services Departhient no later than two business days prior to proceeding, 863- 763 -3372. BE ADVISED that should you intend to show any document, picture, video) or items to the TRC In support or opposition to any item on the agenda, a copy of the document, picture, video, or item MUST be provided to the CCoommittee Secretary for the City's records. 475419 ON 4 iolotn0 6 Marcos Mantes De Oca Email Transmittal CITY OF OKEECHOBEE Office of the City Clerk* 55 SE 3rd Avenue * Okeechobee, FL 34974 863 - 763 -3372 ext. 215 To: Independent Newspapers, Inc. — Okeechobee News — Ad Dept. Attention: Janet Levy, jlevv(c�newszap.com From: Bobbie Jo Jenkins, Deputy Clerk, mjahnercityofokeechobee.com Ad Type: Legal Publish On: Fri, 4/15/16 Proof of Affidavit(s): 1 Authorized By: ACPAtip CC( Date: - (2e -4 Email Date/Ti �� /� Ad /Order# /In�41� Amount $: �� Proofed ilw Date to Finance: Draw#: Z PO #: flogs Check #: Mailed On: PUBLIC NOTICE TECHNICAL REVIEW COMMITTEE MEETING NOTICE NOTICE IS HEREBY GIVEN that the City of Okeechobee Technical Review Committee (TRC) will conduct a regular meeting on Thu, Apr. 21, 2016, at 10 AM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL. The public is invited and encouraged to attend. The agenda may be obtained from cityofokeechobee.com or by calling the General Services Office, 863- 763 -3372 x218. ANY PERSON DECIDING TO APPEAL any decision made by the TRC with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Department no later than two business days prior to proceeding, 863 - 763 -3372. BE ADVISED that should you intend to show any document, picture, video or items to the TRC in support or opposition to any item on the agenda, a copy of the document, picture, video, or item MUST be provided to the Committee Secretary for the City's records. By: City Administrator Marcos Montes De Oca Patty Burnette From: Patty Burnette Sent: Thursday, April 14, 2016 12:18 PM To: 'Jennifer L. Williamson'; 'Steven L. Dobbs' Subject: TRC Meeting for April 21, 2016 Attachments: TRC Agenda 042116.pdf; Staff Report 16- 001 - AC.pdf Hi Jennifer and Steve Please be advised that the Technical Review Committee of the City of Okeechobee will be reviewing the Site Plan Application No. 16- 001 -AC to abandon a portion of the 20 foot wide alley, running East and West between Lots 1 to 7 and 20 to 26 of Block 49, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida on Thursday, April 21, 2016 at 10:00 a.m. in the City Council Chambers. A copy of the Technical Review Committee Agenda is attached, along with a copy of the Staff Report. If you have any questions, please just let me know. Thank you, Patty Pcuttij M. 6 tA4,14.e/f-t-e., genera(Services Coordinator City of Okeechobee SS Southeast 3rd Avenue OkeechoLee, 'F.J 34974 `fel 863-763 -3372 ext. 218 Tax: 863- 763 -1686 e mad yburnette @cityofoLeechoLee.com wefsite: wv.cityofo(eec(iofee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. 1 Bobbie Jenkins From: Bobbie Jenkins Sent: Friday, July 22, 2016 2:22 PM To: Property Appraiser Ofc - Russ Duncan (r.duncan @okeechobeepa.com); Celeste Smith; jlw @crarybuchanan.com'; sdobbs @stevedobbsengineering.com Cc: Lane Gamiotea; Patty Burnette Subject: City of Okeechobee Ordinance No. 1136 Attachments: 1136 Abandoning Alley.pdf Good Afternoon, Attached you'll find Ordinance No. 1136, adopting Abandonment of Right -of -Way Petition No. 16- 001 -AC. This copy is for your records. Should you have any questions, please contact me. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763 -3372 ext. 215 Fax: (863) 763 -1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 ale &put Bobbie Jenkins From: Bobbie Jenkins Sent: Monday, July 18, 2016 3:07 PM To: sdobbs @stevedobbsengineering.com; 'jlw @crarybuchanan.com' Cc: Lane Gamiotea Subject: City Council Meeting July 19, 2016 Attachments: Agenda July 19 2016 Regular Meeting.pdf; Agenda 07 19 16 Ex 2.pdf Good Afternoon Ms. Williams and Mr. Dobbs, This is your official notice for the final public hearing of petition no. 16- 001 -AC. Attached is a copy of tomorrows City Council Meeting agenda as well as Exhibit 2. Your item is VIII.B. The meeting begins promptly at 6 p.m. A workshop will be in session and is scheduled to be done by 6:00 p.m. Upon arrival, if the workshop is still in session, please wait outside until adjourned. Please call us if you have any questions or if you can not attend. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763 -3372 ext. 215 Fax: (863) 763 -1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 Bobbie Jenkins From: Bobbie Jenkins Sent: Monday, June 20, 2016 4:19 PM To: 'jlw @crarybuchanan.com'; 'sdobbs @stevedobbsengineering.com' Cc: Lane Gamiotea; Patty Burnette Subject: City Council Meeting June 21, 2016 Attachments: Exhibit 3 June 21, 2016.pdf; Agenda June 21 16.pdf Good Afternoon Ms. Williams and Mr. Dobbs, This is your official notice for the first reading of petition no. 16- 001 -AC. Attached is a copy of tomorrows City Council Meeting agenda as well as Exhibit 3. Your item is IX.B. The meeting begins promptly at 6 p.m. Please call us if you have any questions or if you can not attend. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763 -3372 ext. 215 Fax: (863) 763 -1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 Patty Burnette From: Patty Burnette Sent: Monday, June 13, 2016 9:53 AM To: 'Steven L. Dobbs'; 'Jennifer L. Williamson' Subject: PB /BOA Meeting May 19, 2016 Attachments: PB Minutes 051916.pdf Good Morning Steve and Jennifer. Please be advised that the Planning Board /Board of Adjustment and Appeals of the City of Okeechobee made a motion to recommend to the City Council to approve Application No. 16- 001 -AC, Abandonment of Right -of -Way to abandon a portion of the 20 -foot wide alley. running East and West between Lots 1 to 7 and 20 to 26 of Block 49, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida without conditions. A copy of the PB /BOA Minutes from the May 19, 2016 Meeting is attached for your information. Should you have any questions, please let me know. Thank you, Patty Patty P4. 13 u-rk1 e'H Genera( Services Coordinator City or Okecclw!iee 55 Si tit1ieat 3rd 'Avow Okeechohce, 'F.£ 34974 T L: 863.76 -3372 ext. 218 `Fax: 863-763-1686 e- nlaii: NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. 1 Patty Burnette From: Patty Barnette Sent: Wednesday, March 16, 2016 4:17 PM To: 'Jennifer L. Williamson' Subject: Abandonment of ROW application Attachments: Receipt.pdf Hi Ms. Jennifer. Attached is a copy of the receipt for payment and I also wanted to give you a tentative timeline of the meeting dates. TRC meeting — April 21, 2016 Planning Board meeting — May 19, 2016 City Council 1st Reading — June 21, 2016 City Council Final Public Hearing — July 19, 2016 The TRC and Planning Board dates should be pretty set. The City Council dates may need to be changed. During the summer months the City Council usually only meets once. Should there be any special advertising requirements that make us move the City Council dates for some reason, I will let you know in advance. For right now this is what we are going with. I will of course email to you a copy of the TRC Agenda for the April 21st meeting along with the Planner's report about a week before. Should you have any questions, just let me know. Have a great afternoon, Patty Patty M. 61A4- (ti&11-e GenieralSen ces Coordinator City of Okeechobee 55 Southeast 3rd 'Avenue Okeechobee, Ti 34974 del: 863-763-3372 ext. 218 'Fax: 8(53-7o3-168(7 e -rata i(: tivr: bsite: CITY OF OKEECHOBEE, FLORIDA 55 S.E. 3rd Avenue, Okeechobee, FL 34974 1■19 4 3 761 (863) 763.3372 RECEIVED from t) fla it) t) „4, h (L_ (61(eti‘s tit 20 I Li; $ e cs-'; 1-11-11E5 Dollars Act-1- 1---11r)f1) • rez (et y P)Ltr CLERK CITY OF OKEECHOBEE, FLORIDA 55 S,E. 3rd Avenue, Okeechobee, FL 34974 NC" 43761 (863) 763-3372 RECEIVED from \,/ 3 w 14L , $ (1,„. L. L L r • 20 - ; r 100 r Dollars CLERK EVANS CRARY (1905 -1968) LARRY E. BUCHANAN (1941- 2012) EVANS CRARY, JR. 0 JAMES 1.. S. BowDISH 5 $ LAWRENCE EVANS CRARY III WILLIAM F. CRARY 11 $ 12. MICHAEL CRARY STEVEN 1). BERES I.. WII.I.IAMSON • W. SCOTT TURNBULL LINDA L. NVEIKSN.AR JEFFREY J. SAUNDERS ELYSSE A. ELDER 0 KAREN M. 1)OBBINS 0 DONNA E. DEMARCIH AMY J. MONIZ PAIGE E. LORINGER VIA FEDERAL EXPRESS CRARY • BUCHANAN A T T O R N E Y S A T L A W 759 SW FEDERAL HIGHWAY, SUITE 106 STUART, FL 34994 TELEPHONE: (772) 287 -2600 February 22, 2016 City of Okeechobee General Services Department Patty Burnette, General Services Coordinator 55 SE Third Street Okeechobee, Florida 34974 Re: 204 NE 9th Street, Okeechobee, FL 34972 (1.53 acres) Application for Abandonment of Right of Way Petition Dear Patty: t BOARD CERTIFIED CIVIL TRIAL LAWYER BOARD CERTIFIED IN WILLS, TRUSTS & ESTATES LAW • BOARD CERTIFIED IN REAL ESTATE LAW $ FLORIDA SUPREME COURT CERTIFIED CIRCUIT MEDIATOR o FLORIDA SUPREME COURT CERTIFIED FAMILY MEDIATOR FLORIDA SUPREME COURT QUALIFIED ARBITRATOR O OF COUNSEL I represent the owners of the above - referenced property and enclose for review and processing the following: 1. Original Application for Abandonment of Right of Way Petition with attachments thereto executed by owners Charles H. Paschal and Frank DeCarlo and our check in the amount of $600.00 representing the required filing fee. Should you have any questions or require additional information, please let me know. Very truly yours, Jennifer L. Williamson JLW /lar Enclosures 00476715 -1 Patty Burnette From: Patty Burnette Sent: Wednesday, March 16, 2016 3:04 PM To: johncook @cityofokeechobee.com; John Cook (jrcook1648 @yahoo.com) Subject: Ailey closing application John, Lane and I have a few questions in regards to an abandonment of alley application I received. Please stop in and see us when you are at City Hall again. Thanks, Patty Pcvfty M. T3wrweMffe Uefieral SerOceS Coordinator City of Okeechobee 55 Southeast 3rd Aveniae Okeechobee, EL 34074 Ted: 8(-;3-7o3-3372 eXt. 218 `Fax: 863 -7 r;- 1c;8c- e -rna i is wchsite: NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. 1 Okeechobee, FL Code of Ordinances Page 1 of 1 Sec. 78 -33. - Vacation of rights -of -way. Applications to vacate a public right -of -way may be approved upon a finding by the city council that the following requirements have been met: (1) Proposed vacation is consistent with the comprehensive plan. (2) Right -of -way to be vacated is not the sole access to any property, and the remaining access is not an easement. (3) Proposed vacation is in the public interest and provides a benefit to the city. (4) Proposed vacation would not jeopardize the location of any utility. (LDR 1998, § 872) about:blank 3/16/2016 Okeechobee, FL Code of Ordinances Page 1 of 1 Form 12. - Abandonment of right -of -way petition. 1. Application contents. Abandonment of right -of -way petitions shall be submitted on the appropriate application form and comprises the following: a. Petitioner's name, address, phone number as well as any other property owner whose property is contiguous to the right -of -way. b. State of interest in property. c. Location map and dimensions of right -of -way to be abandoned. d. Site plan of property after abandonment of right -of -way. e. Statement of reason for city to abandon right -of -way. f. Supplementary supporting information. g. Application fee. 2. Processing. Abandonment of right -of -way petitions are processed as follows: a. Applicant submits petition to clerk's office for review. b. Administrator reviews petition, initiates processing, issues notice of public hearing. c. Technical review committee review application and prepares report with conditions and recommendations for review by planning board. d. Planning board holds public meeting, forwards advisory recommendation to city council. e. City council holds public hearing, renders final decision on petition. (Ord. No. 08 -10, § 1, 11 -18 -2008) Editor's note— Ord. No. 08 -10, § 1, adopted Nov. 18, 2008, replaced the former Form 12, and enacted a new Form 12 as set out herein. The former Form 12 pertained to final major site plan approval. See the Code Comparative Table for complete derivation. Editor's note— Ord. No. 08 -10, § 1, adopted Nov. 18, 2008, repealed Forms 13 and 14, which pertained to preliminary subdivision sketch or plat review and final subdivision plat approval. See the Code Comparative Table for complete derivation. about:blank 3/16/2016 Patty Burnette From: Jennifer L. Williamson <JLW @crarybuchanan.com> Sent: Friday, March 04, 2016 11:36 AM To: Patty Burnette Subject: Abandonment Petition - Revised Page 1 Attachments: City of Okee Abandonment Petition - Page 1 (CORRECTED LEGAL) (00534658x9....pdf Patty, In discussions with Flo -Gas, I noticed that the legal of the alleyway to be abandoned that we provided on the first page of the petition omitted the last call when we copied it over from the survey. I had my para correct this, so attached please find a revised page 1 of our petition. Please substitute it for our original page 1. Thanks, Jenn Jennifer L. Williamson Shareholder - Board Certified Real Estate Crary ❖ Buchanan 759 S.W. Federal Highway, Suite 106 1 P.O. Drawer 24 1 Stuart, FL 34995 -0024 Telephone (772) 287 -2600 1 Direct Fax (772) 223 -4362 1 Email jlw(&crarybuchanan.com 1 PAGE 1 ABANDONMENT OF RIGHT -OF -WAY PETITION CITY OF OKEECHOBEE General Services Department 55 Southeast 3rd Street Okeechobee, Florida 34974 863 - 763 -3372 X 218 Fax: 863 - 763 -1686 PETITION NO. Application fee (non- refundable) $600.00 Note: (Resolution No. 98 -11) Schedule of Land Development Regulation Fees and Charges When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. Date Fee Paid: Receipt No: TRC Meeting: Publication Date: Letters Mailed: PB /BOA Meeting: Publication Dates: Letters Mailed: City Council 1st Reading: CMR Letter E- mailed: City Council Public Hearing: Publication Date: Right -of -way Definition: Land dedicated, deeded, used, or to be used for a street, alley, walkway, boulevard, drainage facility, access for ingress or egress, or other purpose by the public, certain designated individuals, or governing bodies. [F.S. Ch. 177 § 177.031(16)]. Easements for roads and related purposes shall be considered as right -of -way. Legal Description of the Right -of -Way to be Abandoned: A PORTION OF THE 20 FOOT WIDE ALLEY, RUNNING EAST AND WEST THROUGH BLOCK 49. CITY OF OKEECHOBEE. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SAID PORTION BEING BOUNDED AS FOLLOWS; BOUNDED ON THE NORTH BY THE SOUTH LINE OF LOTS 1 -7 OF SAID BLOCK 49; BOUNDED ON THE SOUTH BY THE NORTH LINE OF LOTS 20 -26, OF SAID BLOCK 49; BOUNDED ON THE EAST BY A LINE RUNNING FROM THE NORTHEAST CORNER OF LOT 26 TO THE SOUTHEAST CORNER OF LOT 7 OF SAID BLOCK 49. CONTAINING 0.17 ACRES MORE OR LESS. Note: Upon abandonment of a right -of -way in the City of Okeechobee or First Addition of City of Okeechobee Subdivision's, there may be a Fee Simple Interest from the Hamrick Trust. For more information contact Gil Culbreth, 3550 US Hwy 441 South, Okeechobee, Florida 34974, 863 - 763 -3154. Purpose of the Right -of -Way Abandonment: This abandonment will not create any non - conformities and will correct an existing non - conformity on the northern parcels in this portion of the block where the existing buildings encroach into the City Alley. Patty Burnette From: Jennifer L. Williamson <JLW @crarybuchanan.com> Sent: Friday, March 04, 2016 10:46 AM To: Patty Burnette Subject: RE: Abandonment Hey Patty, I just spoke to Jeff Decker, attorney for Flo -Gas. They are giving us their consent. I asked him to email me the signed consent and follow -up with the original, just in case I don't have the original by 3/7/16. I have 1 of the 4 original utility consents back, as well as Gil Culbreth's on behalf of the Hamrick Trust. FPL advised me they were mailing their original. I have not heard back from Hayford or my contact at Comcast, but will follow up with them. So, based on all this, I believe we will be eligible for the April agenda. I will drop off the originals I've received on Monday and continue to keep you posted. Thanks & have a nice weekend! Jenn From: Patty Burnette [mailto:pburnette @cityofokeechobee.com] Sent: Thursday, February 25, 2016 2:55 PM To: Jennifer L. Williamson <JLW @crarybuchanan.com> Subject: RE: Abandonment Thank you so much, you are always on top of everything. Getting the original signed copies from the Utility Companies I do not believe will hold up anything, we just need them for the files. Maybe that will get changed since most things are now emailed or faxed. Basically , just really need the other consent from Flo -Gas Corporation and warranty deed and then I believe as far as I know everything will be ready to forward on to the Planner. Pct t-y M. 6ur►tie fe CJ- enera(Services Coordinator City of Okeechobee SS Southeast 3rdAvenue Okeechobee, TL 34974 Teh 8E3 -763 -3372 ext. 218 i Tax: 863 -763 -1686 e mai6 yburnette @cityofokeechobee.com we6site: www.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. From: Jennifer L. Williamson [mailto:JLW@crarybuchanan.com] Sent: Thursday, February 25, 2016 2:29 PM To: Patty Burnette Subject: RE: Abandonment Hey Patty, I will reach out to the various utilities re sending me the originals. Everything we deal with is scanned and e -filed these days for the most part — except for items recorded or probated, so I didn't think I needed to produce the original authorizations in this petition. I will try to meet the deadline, but it's somewhat out of my hands with these companies. I will keep you posted. As for Flo -Gas, I represented Glades Gas in the sale to them, so I will reach out to their counsel in Orlando re their consent. As for the Hamrick Trust, yes I've been dealing with Gil. The money is already escrowed with the Trust's counsel pending the City's decision. Thanks for getting back to me so quickly. Hopefully I can get all this back to you timely. Thanks, Tenn From: Patty Burnette [mailto:pburnette @cityofokeechobee.com] Sent: Thursday, February 25, 2016 2:12 PM To: Jennifer L. Williamson <JLW @crarybuchanan.com> Subject: RE: Abandonment Good Afternoon Ms. Jennifer. spoke with John Cook yesterday since I had been told that usually the entire alley has to be closed, but he said to go ahead with the application. There are a couple of items I will still need though. Since the property directly to the west of Mr. DeCarlo's and Mr. Paschal's property is contiguous to the alley, a consent letter will be needed from the Flo-Gas Corporation along with a copy of their warranty deed. In addition, I will need the original inked copies of the signoffs from the utility companies and Hamrick Trust. John also wanted me to let you know should you have any questions that he can help with, just to let him know. His email address is jrcook1648(@Nahoo.com or johncook a(�cityofokeechobee.com. He wanted me to just mention to you, and you probably already know this, that you would need to deal with Gil Culbreth to handle everything involving the Hamrick Trust as the City does not handle this. 2 Please let me know if you should have any questions I can help with. I have attached a copy of the receipt for the application fee you included in the packet for your records. I will need of course to receive the above mentioned items before the cutoff date of March 8th to be heard at the April 21st TRC Meeting. Thank you, Patty Patty M. r3u- rwe&tte, general-Services Coordinator City of Okeecho(ee ss Southeast 3rd Avenue Okeechobee, ''L 34974 fie( 863 - 763 -3372 ext. 218 Tax: 863 - 763 -1686 e- mail: yburnette @cityofokeechobee.conl website: www.cityofokeechohee.corn NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. From: Jennifer L. Williamson [mailto:JLW©crarybuchanan.com] Sent: Wednesday, February 24, 2016 10:59 AM To: Patty Burnette Subject: Re: Abandonment Hey Patty, It's my first alley abandonment as well - good thing Lane is a patient woman!! I'm in town today, so if you need me to stop by to discuss the application, just let me know. I will review the attachments in the meantime. Thanks! Jenn Sent from my iPhone On Feb 24, 2016, at 9:50 AM, Patty Burnette <pburnette @cityofokeechobee.com> wrote: 3 Good Morning Ms. Jennifer. wanted to let you know I received the application yesterday for the Alley abandonment executed by Mr. Charles Paschal and Mr. Frank DeCarlo. I am meeting with the City's Attorney, John Cook, this afternoon to go over the application with him as I have a few questions. I also spoke with Lane because I believe the City Council will not close just a portion of an alley. There is a lease agreement with Flo-Gas Corporation until June 15, 2076 for the portion of the West to East alley between Lots 8 -10 and 17 -19 of Block 49. I have attached copies of the leasing documents for your information. Lane had said she just realized these documents were not sent out to you that were requested in an email to her from you on September 24, 2015. I will be back in touch with you later this afternoon. It is my pleasure to be able to work with you again. This will be my first alley abandonment and I must tell you I was happy that it was received from you as it is very well put together and a great application to learn from. Patty <image003.png> Patty M. eu-r to general Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, 'FL 34974 deb 863 - 763-3372 ext. 218 Fax: 863 -763 -1686 e -mad yburnette@cityofokeechobee.com website: www.citjofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. <Laserfiche Documents.zip> 4 Patty Burnette From: Jennifer L. Williamson <JLW @crarybuchanan.com> Sent: Thursday, February 25, 2016 2:29 PM To: Patty Burnette Subject: RE: Abandonment Hey Patty, I will reach out to the various utilities re sending me the originals. Everything we deal with is scanned and e -filed these days for the most part — except for items recorded or probated, so I didn't think I needed to produce the original authorizations in this petition. I will try to meet the deadline, but it's somewhat out of my hands with these companies. I will keep you posted. As for Flo -Gas, I represented Glades Gas in the sale to them, so I will reach out to their counsel in Orlando re their consent. As for the Hamrick Trust, yes I've been dealing with Gil. The money is already escrowed with the Trust's counsel pending the City's decision. Thanks for getting back to me so quickly. Hopefully I can get all this back to you timely. Thanks, Jenn From: Patty Burnette [mailto:pburnette @cityofokeechobee.com] Sent: Thursday, February 25, 2016 2:12 PM To: Jennifer L. Williamson <JLW @crarybuchanan.com> Subject: RE: Abandonment Good Afternoon Ms. Jennifer. I spoke with John Cook yesterday since I had been told that usually the entire alley has to be closed, but he said to go ahead with the application. There are a couple of items I will still need though. Since the property directly to the west of Mr. DeCarlo's and Mr. Paschal's property is contiguous to the alley, a consent letter will be needed from the Flo -Gas Corporation along with a copy of their warranty deed. In addition, I will need the original inked copies of the signoffs from the utility companies and Hamrick Trust. John also wanted me to let you know should you have any questions that he can help with, just to let him know. His email address is jrcook1648@vahoo.com or johncook a(�cityofokeechobee.com. He wanted me to just mention to you, and you probably already know this, that you would need to deal with Gil Culbreth to handle everything involving the Hamrick Trust as the City does not handle this. Please let me know if you should have any questions I can help with. I have attached a copy of the receipt for the application fee you included in the packet for your records. I will need of course to receive the above mentioned items before the cutoff date of March 8th to be heard at the April 21st TRC Meeting. Thank you, Patty Burnette From: Patty Burnette Sent: Thursday, February 25, 2016 2:11 PM To: 'Jennifer L. Williamson' Subject: RE: Abandonment Attachments: Receipt -204 NE 9th St.pdf Good Afternoon Ms. Jennifer. spoke with John Cook yesterday since I had been told that usually the entire alley has to be closed, but he said to go ahead with the application. There are a couple of items I will still need though. Since the property directly to the west of Mr. DeCarlo's and Mr. Paschal's property is contiguous to the alley, a consent letter will be needed from the Flo -Gas Corporation along with a copy of their warranty deed. In addition, I will need the original inked copies of the signoffs from the utility companies and Hamrick Trust. John also wanted me to let you know should you have any questions that he can help with, just to let him know. His email address is jrcook1648@yahoo.com or johncook a(�cityofokeechobee.com. He wanted me to just mention to you, and you probably already know this, that you would need to deal with Gil Culbreth to handle everything involving the Hamrick Trust as the City does not handle this. Please let me know if you should have any questions I can help with. I have attached a copy of the receipt for the application fee you included in the packet for your records. I will need of course to receive the above mentioned items before the cutoff date of March 8th to be heard at the April 21st TRC Meeting. Thank you, Patty Patty M. 6 -frve7 f-e, 1 enerat Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, T1 34974 'fe1 863- 763-3372 ext. 218 'Fax: 8h3- 763 -1686 e nlaih y6urnette @cityofokeechotee.com website: www.citijofokeecho6ee.com 1 NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. From: Jennifer L. Williamson [mailto:JLW@crarybuchanan.com] Sent: Wednesday, February 24, 2016 10:59 AM To: Patty Burnette Subject: Re: Abandonment Hey Patty, Its my first alley abandonment as well - good thing Lane is a patient woman!! I'm in town today, so if you need me to stop by to discuss the application, just let me know. I will review the attachments in the meantime. Thanks! Jenn Sent from my iPhone On Feb 24, 2016, at 9:50 AM, Patty Burnette < pburnette@cityofokeechobee.com> wrote: Good Morning Ms. Jennifer. wanted to let you know I received the application yesterday for the Alley abandonment executed by Mr. Charles Paschal and Mr. Frank DeCarlo. I am meeting with the City's Attorney, John Cook, this afternoon to go over the application with him as I have a few questions. I also spoke with Lane because I believe the City Council will not close just a portion of an alley. There is a lease agreement with Flo -Gas Corporation until June 15, 2076 for the portion of the West to East alley between Lots 8 -10 and 17 -19 of Block 49. I have attached copies of the leasing documents for your information. Lane had said she just realized these documents were not sent out to you that were requested in an email to her from you on September 24, 2015. I will be back in touch with you later this afternoon. It is my pleasure to be able to work with you again. This will be my first alley abandonment and I must tell you I was happy that it was received from you as it is very well put together and a great application to learn from. Patty <image003.png> Patty M. 6'r"--ft' genera/ Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeec6o6ee, 'FL 34974 2 Patty Burnette From: Sent: To: Subject: Attachments: Patty Burnette Wednesday, February 24, 2016 9:49 AM jlw @crarybuchanan.com' Abandonment Laserfiche Documents.zip Good Morning Ms. Jennifer. wanted to let you know I received the application yesterday for the Alley abandonment executed by Mr. Charles Paschal and Mr. Frank DeCarlo. I am meeting with the City's Attorney, John Cook, this afternoon to go over the application with him as I have a few questions. I also spoke with Lane because I believe the City Council will not close just a portion of an alley. There is a lease agreement with Flo -Gas Corporation until June 15, 2076 for the portion of the West to East alley between Lots 8 -10 and 17 -19 of Block 49. have attached copies of the leasing documents for your information. Lane had said she just realized these documents were not sent out to you that were requested in an email to her from you on September 24, 2015. I will be back in touch with you later this afternoon. It is my pleasure to be able to work with you again. This will be my first alley abandonment and I must tell you I was happy that it was received from you as it is very well put together and a great application to learn from. Patty 17o-f1-9 M. 6 ws- eMfte, general Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, 'FL 34974 Tel: 863-763-3372 ext. 218 'Fax: 863-763-1686 e-madyburnette@cityojokeechobee.com website: www.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. 1 YeV (\ ti Melisa Jahner cue From: Lane Gamiotea < Igamiotea @cityofokeechobee.com> Sent: Tuesday, January 12, 2016 2:44 PM To: City - Melisa Jahner Subject: FW: Abandonment Just checking whether you've already sent this, if not, please forward (all the different ones) to her. And then print this & the email you send & file in the record request completed file please & thanks! ede6 atu y 100'I/eani/ Lane Earnest - Gamiotea, CMC City Clerk/Personnel Administrator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, FL 34974 863- 763 -3372 ext 215 863- 763 -1686 fax 863 - 697 -0345 cell cityofokeechobee.com PUBLIC RECORDS NOTICE: All e-mail sent to and received from the City of Okeechobee, Florida, including e-mail addresses and content, are subject to the provisions of the Florida Public Records Law, Florida Statute Chapter 119, and may be subject to disclosure. From: Jennifer L. Williamson [mailto:JLW @crarybuchanan.com] Sent: Thursday, September 24, 2015 2:11 PM To: Lane Gamiotea Subject: RE: Abandonment Thank you for the info Lane. Yes — please forward the FPU lease and assignments. Thanks, Jenn From: Lane Gamiotea [mailto: Igamiotea @cityofokeechobee.com] Sent: Wednesday, September 23, 2015 1:29 PM To: Jennifer L. Williamson <JLW @crarybuchanan.com> Cc: City - Melisa Jahner <miahner@citvofokeechobee.com>; City -Patty Burnette < pburnette @cityofokeechobee.com> Subject: RE: Abandonment Good afternoon Jennifer, 1 Below is the link to the forms page of the city web site for the one you'll need. If the link doesn't work go to www.cityofokeechobee.com, on the left column click the link "City Forms" they are listed in alphabetical order, you want the one "Street or Alley Closing Application" it's a pdf file. http: / /www.cityofokeechobee. com / BNew% 20Street% 20or% 20AIley %20Closing %20App %20- %20Copy.pdf Just also want to point out there is a long time lease (since 1977) on the part of that alley that runs between Lots 8 -10 & 17 -19 of Block 49. Do you need me to forward the original lease and the assignments that have been made since Glades sold to FL Public Utility Co? Things are great here, we're still CELEBRATING!!! There are some very good festivals to finish our 100th coming up. Lzatuu, 10010144! Lane Earnest - Gamiotea, CMC City Clerk/Personnel Administrator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, FL 34974 863- 763 -3372 ext 215 863- 763 -1686 fax 863 - 697 -0345 cell cityofokeechobee.com PUBLIC RECORDS NOTICE: All e-mail sent to and received from the City of Okeechobee, Florida, including e-mail addresses and content, are subject to the provisions of the Florida Public Records Law, Florida Statute Chapter 119, and may be subject to disclosure. From: Jennifer L. Williamson [mailto:JLW@crarybuchanan.com] Sent: Tuesday, September 22, 2015 3:59 PM To: Lane Gamiotea Subject: Abandonment Hi Lane, My mother has a contract to purchase the warehouses east of Glades Gas from Charlie Paschal and Frank DeCarlo. We're in our due diligence and she'd like me to look into the process for getting the 20' alley that bisects the 2 pieces abandoned. Steve Dobbs says there is a form to complete and directed me to you. Would you please forward the form or direct me to who I should speak to about the abandonment application process? Property address: 204 NE 9th St. PIN: 3- 15- 37 -35- 0010 - 00490 -0010 City of Okee Lots 1 -7 & north 40' of Lots 20 -26, Block 49 Hope all is well. Thanks, Jenn 2 Jennifer L. Williamson Shareholder - Board Certified Real Estate Crary • Buchanan 759 S.W. Federal Highway, Suite 106 1 P.O. Drawer 24 1 Stuart, FL 34995 -0024 Telephone (772) 287 -2600 !Direct Fax (772) 223 -4362 1 Email jIwRcrarybuchanan.com SHARON ROBERTSON CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA 312 N.W. 3 STREET, SUITE 155 OKEECHOBEE, FL 34972 863.763.2131 REF: DATE:7/21/2016 TIME:3:03:39 PM RECEIPT: 2016006269 CITY OF OKEECHOBEE ACCOUNT #: 0 ITEM - 01 GOV RECD: 7/21/2016 3:03:39 PM FILE: 2016006733 BK /PG 0 777/1646 CITY OF OKEECHOBEE Recording Fees Subtotal 18.50 18.50 ITEM - 02 GOV RECD: 7/21/2016 3:03:39 PM FILE: 2016006734 BK /PG 0 777/1648 CITY OF OKEECHOBEE Recording Fees 18.50 Subtotal 18.50 ITEM - 03 GOV RECD: 7/21/2016 3:03:39 PM FILE: 2016006735 BK /PG 0 777/1650 CITY OF OKEECHOBEE Recording Fees 27.00 Subtotal 27.00 TOTAL DUE PAID TOTAL PAID CASH CASH RETURNED $64.00 $70.00 $70.00 ($6.00) REC BY: M PINON DEPUTY CLERK www.clerk.co.okeechobee.fl.us m c � V cD 1HOIN213A0 A1I IO121d d00 =Z4 AON 60 - NOW rn 1133015091001. 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