The URL can be used to link to this page

2002-06-04 Regular336 ti r m 0 CITY OF OKEECHOBEE JUNE 4, 2002 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 10F 9 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II I. CALL TO ORDER - Mayor: June 4, 2002, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor Robert Rieffel; Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the May 21, 2002 Regular Meeting. Mayor Kirk called the June 4, 2002 Regular City Council Meeting to order at 6:00 p.m. Invocation was offered by Dowling Watford in the absence of Pastor Robert Rieffel; Mayor Kirk led the pledge of allegiance. City Clerk Thomas called the roll: Present Present Present Present Present Present Present Present Present Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the May 21, 2002 Regular Meeting; seconded by Council Member Oliver. There was no discussion on this item. VOTE KIRK - YEA CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. .TUNE 4, 2002 - REGULAR MEETING - PAGE 2 OF 9 337 AGENDA V. AGENDA -Mayor. COUNCIL ACTION - DISCUSSION - VOTE A. Requests for the addition, deferral or withdrawal of items on today's III Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. There were none. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III MAYOR KIRK OPENED PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:03 P.M. A.1. a) Motion to remove from the table, proposed Ordinance No. 788. III Council Member Watford moved to remove from the table, proposed Ordinance No. 788;seconded by Council Member Williams. b) Vote on motion to remove from table. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Oliver moved to read by title only proposed Ordinance No. 788 amending the Land Development B.1. a) Motion to read by title only proposed Ordinance No. 788 amending Regulations (LDR's) pertaining to nonconforming uses; seconded by Council Member Chandler. the Land Development Regulations (LDR's) pertaining to nonconforming uses - City Attorney (Exhibit 1). VOTE b) Vote on motion to read by title only, KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 788 by title only as follows: AN ORDINANCE OF THE CITY of c) City Attorney to read proposed Ordinance No. 788 by title only. OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO.716, SECTION 750 THEREOF; LAND DEVELOPMENT REGULATIONS FOR THE CITY OF OKEECHOBEE, PERTAINING TO NONCONFORMING USES; PROVIDING FOR CHANGE OF NONCONFORMING USE WHEN THE SUBJECT PROPERTY IS SOLD, TRANSFERRED OR OTHERWISE ASSIGNED BY THE OWNER OF RECORD; PROVIDING FOR TERMINATION OF NONCONFORMING USE AND COMPLIANCE WITH SECTION 750 OF THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 338 JUNE 4, 2002 - REGULAR MEETING - PAGE 3 OF 9 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. a) Motion to adopt Ordinance No. 788. 111 Council Member Chandler moved to adopt Ordinance No. 788; seconded by Council Member Oliver b) Public Comments. III Mayor Kirk asked whether there were any questions or comments from the public. There were none. There was a brief discussion between the Council and Staff. The Land Planning Agency discussed this item at their May 28, 2002 meeting and unanimously recommends approval. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. C.1. a) Motion to read by title only proposed Ordinance No. 793 revising Council Member Watford moved to read by title only proposed Ordinance No. 793 revising the Future Land Use Map the Future Land Use Map regarding property located at Lots 3 and regarding property located at Lots 3 and 4, Block 21, South Okeechobee; seconded by Council Member Oliver. 4, Block 21, South Okeechobee - City Attorney (Exhibit 2). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 793 by title only. City Attorney to read proposed Ordinance No. 793 by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635ASAMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. 2. a) Motion to adopt Ordinance No. 793. 111 Council Member Chandler moved to adopt Ordinance No. 793; seconded by Council Member Oliver. .TUNE 4, 2002 - REGULAR MEETING - PAGE 4 39 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE _ II VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 2. b) Public Comments. Mr. John Dulmer, City Planning Consultant addressed the Council regarding Future Land Use Map Amendment Application No. 02-002-SSA submitted by Cathy Knapp, property owner being Linda Connelly, The applicant is requesting a change in land use from Residential Multi -Family to Commercial. The property is located at 1306 Southwest 2" Avenue. Legal description being Lots 3 and 4 of Block 21, South Okeechobee and is approximately 0.235 acres. The proposed use of the property is for a pet grooming shop. Within the past year, this property was rezoned to Multi -Family from Single -Family and issued a Special Exception to allow for a day care facility. This facility has ceased operation and the owner of the property has allowed the applicant to apply for a Future Land Use Map Amendment and depending on approval, consistent zoning. While significant single-family dwellings still remain, much of the Future Land Use Map for the adjacent area has been amended to allow for Commercial or Public Uses. Nearby uses include the Public Library and the Fountain of Youth. These low intensity Commercial uses have been approved because they allow for the needed expansion of commercial space within the City while allowing the neighborhood to retain its residential character. Therefore, the subject property is in a location that would allow for light commercial use. Planning Staff Report findings are that the proposed amendment is consistent with Comprehensive Plan Future Land Use categories and other Plan Policies. There are no Objectives or Policies, which are in conflict with the proposed amendment. The property is served by public utilities. Final determination of adequate capacity will be made at the time of rezoning. Transportation for low intensity commercial uses can be accommodated by the existing street network. The location of the property is in an area of mixed uses. Recent trends reflect this area is in transition from single-family residential uses to commercial. Those uses located on Parrott Avenue are more intense and those located on Southwest 2' Avenue are less intense. These uses include R.J. Gators, Dairy Queen, and Riverside Bank located on Parrot Avenue. The Fountain of Youth Day Spa, and the Okeechobee Library are located on Southwest 2"d Avenue these nearby uses do establish a commercial atmosphere for the subject property. The proposed use is consistent with Policy 2.1(c) of the Future Land Use Element of the Comprehensive Plan. Planning Staff and the Land Planning Agency recommends the Comprehensive Plan Future Land Use Map Amendment to Commercial based on the above findings. When zoning is requested the approval should be limited to Low Intensity Zoning Districts. 30, JUNE 4, 2002 - REGULAR MEETING - PAGE 5 OF 9 AGENDA VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 2. c) Vote on motion. D.1. a) Motion to read by title only proposed Ordinance No. 794 revising the Future Land Use Map regarding property located at Lots 4, 5 and 6, Block 3, South Okeechobee - City Attorney (Exhibit 3). b) Vote on motion to read by title only. ACTION - DISCUSSION - VOTE VOTE KIRK - YEA CHANDLER - YEA OLIVER-YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to read by title only proposed Ordinance No. 794 revising the Future Land Use Map regarding property located at Lots 4, 5 and 6, Block 3, South Okeechobee; seconded by Council Member Oliver. VOTE KIRK - YEA CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 794 by title only. Attorney Cook read proposed Ordinance No. 794 by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. 2. a) Motion to adopt Ordinance No. 794. 11 Council Member Chandler moved to adopt Ordinance No. 794; seconded by Council Member Oliver. b) Public Comments. NI Mayor Kirk asked whether there were any questions or comments from the public. There were none. Mr. John Dulmer, City Planning Consultant addressed the Council regarding Future Land Use Map Amendment Application No. 02-003-SSA submitted by Glenn Sneider, property owner being Derita Watford c/o Steve Watford. .TUNE 4, 2002 - REGULAR MEETING - PAGE 6 OF 9 3+11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. D. 2. b) Public Comments continued. The applicant is requesting a change in land use from Residential Single Family to Commercial. The property is located at 200 Southwest 9th Street. Legal description being Lots 4,5, and 6 Block 3, South Okeechobee and is approximately .49 acres. The purposed use of the property is for a law office. The proposed amendment is surrounded on three sides by Single Family and to the East by Commercial Future Land Use Map designations. The subject property is located one block from Parrott Avenue and will be served by public utilities. Because of this location and proposed use there should be adequate public facilities. Final determination will be made by the City during the rezoning process. The location of this property does allow for Light Commercial uses because of the number of recent amendments to allow for less intense Commercial uses. The proposed amendment is consistent with the adjacent land uses. Property located one block to the North is currently used for the Freshman Campus and other School Board uses. However, only commercial professional office would be recommended, any other zoning would be inconsistent. The proposed use of legal office is consistent with Policy 2.1(c) of the Future Land Use Element. Furthermore, there are no Objectives or Policies that are inconsistent with the proposed use. Planning Staff and the Land Planning Agency recommends the Comprehensive Plan Future Land Use Map Amendment to Commercial based on the above findings. Council Member Watford noted for the record that he is related to the property owner but has no financial interest in this matter. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor. III MAYOR KIRK CLOSED PUBLIC HEARING AT 6:32 P.M. slqz .TUNE 4, 2002 - REGULAR MEETING - PAGE 7 OF 9 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE I� VII. NEW BUSINESS. AA.a) Motion to read by title only and set June 18, 2002 as a public Council Member Oliver moved to read by title only and set June 18, 2002 as a public hearing date for proposed hearing date for proposed Ordinance No. 795 amending the official Ordinance No. 795 amending the official zoning map from Residential Single Family One (RSF1) to Commercial zoning map from Residential Single Family One (RSF1) to Professional Office (CPO) located at Lots 4, 5 and 6, Block 3, South Okeechobee; seconded by Council Member Commercial Professional Office (CPO) located at Lots 4, 5 and 6, Williams. Block 3, South Okeechobee - City Attorney (Exhibit 4). 11 b) Vote on motion to read by title only and set public hearing date. VOTE KIRK - YEA CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance 795 by title only. Attorney Cook read proposed Ordinance 795 by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY ONE (RSF1) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. 2. a) Motion to approve the first reading of proposed Ordinance No. 795. Council Member Watford moved to approve the first reading of proposed Ordinance No. 795; seconded by Council III Member Chandler. b) Discussion. Mr. John Dulmer, City Planning Consultant addressed the Council regarding Rezoning Application No. 02-002-R submitted by Glenn Sneider, property owner being Derita Watford. The applicant is requesting a change in zoning from Residential Single Family-1 to Commercial Professional Office. The property is located at 200 Southwest 9" Street. Legal description being Lots 4, 5 and 6 of Block 3, South Okeechobee, and is approximately .49 acres. Council noted letters from surrounding property owners objecting to the zoning change. However, Council agreed with Planning Staff that the Commercial Professional Office designation would have the least amount of impact on the area. .TUNE 4, 2002 - REGULAR MEETING - PAGE 8 OF 9 sys II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VII. NEW BUSINESS CONTINUED. A. 2. c) Vote on motion. B.1. a) Motion to read by title only and set June 18, 2002 as a public hearing date for proposed Ordinance No. 796 regarding Code Board procedures and definitions - City Attorney (Exhibit 5), b) Vote on motion to read by title only and set public hearing date VOTE KIRK - YEA CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to read by title only and set June 18, 2002 as a public hearing date for proposed Ordinance No. 796 regarding Code Board procedures and definitions; seconded by Council Member Oliver. VOTE KIRK - YEA CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 796 by title only. Attorney Cook read proposed Ordinance No. 796 by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER EIGHT, CODE OF ORDINANCES, AND PARTICULARLY SECTION 8.11 THEREOF; PROVIDING FOR GENERAL CLEANING AND BEAUTIFICATION; PROVIDING FOR DEFINITIONS; PROVIDING FOR GENERAL LAND MAINTENANCE; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Attorney Cook advised the Council that the Code Enforcement Board has met and worked very hard on a document that would serve as a good compromise when issuing citations for unkept properties. The proposed Ordinance before you tonight has been reviewed by several Code Board Members. They have commented that this may not be exactly what was approved at their May 14 meeting and further amendments will be addressed at their June 11 meeting. My recommendation is for Council to approve the first reading and address those amendments at the final public hearing. Mayor Kirk suggested to the Council that they approve the first reading and defer all discussion on this item until the final public hearing. JUNE 4, 2002 - REGULAR MEETING - PAGE 9 OF 9 H AGENDA HI COUNCIL ACTION - DISCUSSION - VOTE II VII. NEW BUSINESS CONTINUED. B. 2. a) Motion to approve the first reading of proposed Ordinance No. 796. b) Discussion. c) Vote on motion. C. Consider a request by Syble's Flowers for placement of two parking signs - Maureen Burroughs (Exhibit 6). VIII. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVI >DFDtE�UPB{J WHICH THE APPEAL IS TO BE BASED. ATTEST-: r Bonnie S. Thomas, CMC, City Clerk James E. Kirk, Mayor Council Member Watford moved to approve the first reading of proposed Ordinance No. 796; seconded by Council Member Oliver. Mr. Mack Worley, Jr., Code Enforcement Board Vice Chair, addressed the Council requesting that they not approve the first reading but wait until a final document was approved by the Code Enforcement Board. He also asked the Council whether they only wanted the definitions amended or did they want an overall amendment to Chapter Eight of the Code Book, which is exactly what this proposed Ordinance No. 796 is set to accomplish. Council responded that they would consider the definition amendments and any additional areas that were presented to them by the Code Enforcement Board. Discussion ensued, motion and second to approve the first reading of proposed Ordinance No. 796 was withdrawn from the floor. Mayor Kirk withdrew the proposed Ordinance from the agenda. No vote taken, motion and second withdrawn. No action was taken on this item. The request was deferred to the Department of Transportation, since this business is located along South Parrott Avenue (State Road 15). There being no further items on the agenda, Mayor Kirk adjourned the meeting at 6:52 p.m. • PAGE -1- City of Okeechobee - June 4, 2002 - Regular City Council Meeting - Handwritten Minutes CALL TO ORDER - Mayor: June 4.2002, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor Robert Rieffel; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Prasont Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy City Clerk S. Lane Gamiotea Secretary Addana Berry Ahcon4 IV. MINUTES - City Clerk. A. Council Member ,41 moved to dispense with the reading and approve the Summary of Council Action for the May 21, 2002 Regular Meeting; seconded by Council Member 4. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION CARRIEhJ - DENIED VI. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor pm. A.1.a) Council MemberE'�' moved to remove from the table, proposed Ordinance No. 788;seconded by Council Member-0 LO. b) Vote on motion to remove from table. VOTE YEA NAY ABSTAIN ABSENT KIRK - CHANDLER OLIVER WATFORD WILLIAMS MOTION ARRIED - DENIED 0 PAGE -2- B.1.a) Council Membe,��` moved to read by title only proposed Ordinance No. 788 amending the Land Development Regulations (LDR's) pertaining to nonconforming uses - City Attorney (Exhibit 1); seconded by Council Member. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION (ARR)ED - DENIED C) City Attorney to read proposed Ordinance No. 788 by title only. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, SECTION 750 THEREOF; LAND DEVELOPMENT REGULATIONS FOR THE CITY OF OKEECHOBEE, PERTAINING TO NONCONFORMING USES; PROVIDING FOR CHANGE OF NONCONFORMING USE WHEN THE SUBJECT PROPERTY IS SOLD, TRANSFERRED OR OTHERWISE ASSIGNED BY THE OWNER OF RECORD; PROVIDING FOR TERMINATION OF NONCONFORMING USE AND COMPLIANCE WITH SECTION 750 OF THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 2.a) Council Member moved to adopt Ordinance No. 788.;seconded by Council Member /61V. b) Public Comments. �(�� .. Y✓ ^+,C :.-psi! ��'✓'--(� a��a: e- /,�i/..:�r :1 c E' "�r�J �4� f�-�� - F.� � � v ,/v � v �?'2�'�'� �1� l,�.f,t�i ` ��.� y�Yy?/,c..{� /� ✓�_ (�`�p;-h`VVV� //,�4 t.d l A Vote on motion. )ME YEA NAY ABSTAIN ABSENT VRK CHANDLER bLIVER WATFORD WILLIAMS MOTION AR IED - DENIED t�--�-«-��- 0 0 PAGE -3- CA.a) Council Member & moved to read by title only proposed Ordinance No. 793 revising the Future Land Use Map regarding property located at Lots 3 and 4, Block 21, South Okeechobee - City Attorney (Exhibit 2);seconded by Council Member-61. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION C RI DENIED - DENIED C) City Attorney to read proposed Ordinance No. 793 by title only. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. 2.a) Council Member �)w moved to adopt Ordinance No. 793; seconded by Council Member- b) Public Comments. 0k 0 C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION CARRIED - DENIED • • PAGE -4- D.1.a) Council Member &," moved to read by title only proposed Ordinance Noj794 revising the Future Land Use Map regarding property located at Lots 4, 5 and 6, Block 3, South Okeechobee - City Attorney (Exhibit 3);seconded by Council MembedL2—. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION CARRIED — DENIED C) City Attorney to read proposed Ordinance No. 794 by title only. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. 2.a) Council MembePZ�_moved to adopt Ordinance No. 794;seconded by Council Member &' . b) Public Comments. It Po a L Vj o f C (� C� „t is s' �v F G'� rat ur� c C) Vote on motion. _v OTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION ARRIED'', — DENIED CLOSE PUBLIC HEAR= - Mayor( p.m. PAGE -5- VII. NEW BUSINESS. AA.a) Council Member/gymoved to read by title only and s t June 18, 20 22 a public hearing date for proposed Ordinance No, 795 aamending the official zoning map rom Residential Single Family One (RSF1) to Commercial Professional Office (CPO) located at Lots 4, 5 and 6, Block 3, South Okeechobee - City Attorney (Exhibit 4);seconded by Council Member C t) . b) Vote on motion to read by title only and set public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION C RR ED - DENIED c) City Attorney to read proposed Ordinance 795 by title only. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY ONE (RSF1) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. 2.a) Council Member QZ moved to approve the first reading of proposed Ordinance No. 795;seconded by Council Member. b) Discussion. r,� , � _ ��K ✓� �..� /Q�c��/,� ;?-2 � � ��c�--u-�: _ (�' �(/�— ��-✓> .,� �� -�-> � � C..�r-ri� ' (ii.%'L��. %�G,�,�,�- G�'A �/Lc^L2 Cif=�'.,.. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD / WILLIAMS MOTION CARRIED - DENIED PAGE -6- B.1.a) Council Member ` 4��U moved to read by title only andtp �18,200 a public hearing date for ro osed Ordinance No. 796 re ardin ode Boardtions - City Attorney proposed regarding L. Y (Exhibit 5);seconded by Council Member b) Vote on motion to read by title only and set public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION C R D - DENIED c) City Attorney to ad proposed Ordinance No. 796 by title only. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER EIGHT, CODE OF ORDINANCES, AND PARTICULARLY SECTION 8-11 THEREOF; PROVIDING FOR GENERAL CLEANING AND BEAUTIFICATION; PROVIDING FOR DEFINITIONS; PROVIDING FOR GENERAL LAND MAINTENANCE; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 2.a) Council Member moved to approve the first reading of proposed Ordinance No. 796;seconded by Council Member) . b) Discussion. j /�'�% L"� c,� ii� LL��—✓r�' U/�.�LL�_-� v, �L2��-L. — � G'C..�-zc:-%�� -�-�-F' c� � / � A J ��2 C�/ Q�-% vu Q-�-cti� — /`✓- �'� V ✓�}vi�t!t'CGt' c) Vote on motion. J VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION CARRIED - DENIED J L�.'��- PAGE -7- C.1.a) Consider a request by Syble's Flowers for placement of two parking signs - Maureen Burroughs (Exhibit 6). zp C, Lit, AV Al 7K PAGE -1- City of Okeechobee - June 4, 2002 - Regular City Council Meeting - Handwritten Minutes I. CALL TO ORDER - Mayor: 1 ( June 4 2002, City Council Regular Meeting. 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor RebeFf Rieffek, Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Dro¢ont Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy City Clerk S. Lane Gamiotea Secretary Adriana Berry eheon+ IV. MINUTES - City Clerks� cc A. Council Member tv G moved to dispense with the reading and approve the SumMary of Council Action for the May 21, 2002 Regular Meeting; seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK f CHANDLER >/ OLIVER f WATFORD ✓ WILLIAMS MOTION CARRIED - DENIED VI. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. w e- VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor p 03 pm. A.1.a) Council MemberQW moved to remove from the table, proposed Ordinance No. 788;seconded by Council MemberGp. b) Vote on motion to remove from table. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION CARRIED - DENIED • E PAGE -2- B-1.a) Council Member 6 Q moved to read by title only proposed Ordinance No. 788 amending the Land Development Regulations (LDRs) pertaining to nonconforming uses - City Attorney (Exhibit 1); seconded by Council Member iC b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS ✓ MOTION CARRIED - DENIED C) City Attorney to read proposed Ordinance No. 788 by title only. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, SECTION 750 THEREOF; LAND DEVELOPMENT REGULATIONS FOR THE CITY OF OKEECHOBEE, PERTAINING TO NONCONFORMING USES; PROVIDING FOR CHANGE OF NONCONFORMING USE WHEN THE SUBJECT PROPERTY IS SOLD, TRANSFERRED OR OTHERWISE ASSIGNED BY THE OWNER OF RECORD; PROVIDING FOR TERMINATION OF NONCONFORMING USE AND COMPLIANCE WITH SECTION 750 OF THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 2.a) Council Member KC�moved to adopt Ordinance No. 788.;seconded by Council Member. b) Public Comments. land► ��IQrmf 0 wcy t-�o\ dr kC Arlo b 0,5 OnY�, nV4 (2d W O-W 6LA-6 po 0) b4 bw . O-rj -t) L7 - r rr) a , Coy l Olt") Car gyp- QLornendp a I�tIr�< . �lw �av-P-S Cw- C h s� 6n fi O� tf Q-xCPpfibn . c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD t/ WILLIAMS L/ MOTIO CARRI - DENIED /-0 in U /n ooh9 pl)a P C4e lM)(-'� r-o ?ax�'h-&--) u PAGE -3- C.1.a) Council Member Py moved to read by title only proposed Ordinance No. 793 revising the Future Land Use Map regarding property located at Lots 3 and 4, Block 21, South Okeechobee - City Attorney (Exhibit 2);seconded by Council Member6 o . b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK J CHANDLER OLIVER WATFORD WILLIAMS MOTIO CARRIE - DENIED C) City Attorney to read proposed Ordinance No. 793 by title only. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. 2.a) Council Members moved to adopt Ordinance No. 793; seconded by Council MemberC b) Public Comments. c'�ohr) - a I yr . ob ClY-nerdod en '��nsi-fvj L� s� P/w awe Hy C) Vote on motion. o pp roved bc{S.Pcd on 16 -a-h �✓1 . � 0 h n- Owerqjo4hn VOTE YFA NAY ABSTAIN ABSENT KIRK CHANDLER 'f OLIVER ✓ WATFORD WILLIAMS MOTTO CARRIED - DENIED PAGE -4- D.1.a) Council Member Irimoved to read by title only proposed Ordinance No. 794 revising the Future Land Use Map regarding property located at Lots 4, land 6, Block 3, South Okeechobee - City Attorney (Exhibit 3);seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION DENIED C) City Attorney to read proposed Ordinance No. 794 by title only. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. 2.a) Council Member N1 C moved to adopt Ordinance No. 794;seconded by Council Member go. b) Public Comments. Sohn W 0 5 � rn p Com m - ay) S 16 P-\ Vj w S hi 1(� si _ o, y r Sa X- e., wl rsL� W�\�j ) -e 44v r Said nee -�- nGR Q-Q C1 "lo n-�a� 1- bv-P w l C14C��r p I Spa �, Z jwp-e rs -e- e) -4 h V M h 1 FL U� ► �G� d i 5 n�m �c i'o a i n g 4o ha ppe,-n . Lo 1-00 11 y- 1,5Qj o y n9 -� hqpW.?toTir r Y a l u w1,11 o� � �f�ac? ( a . i m rr� 4ra-T kwr O-P-0 jobd 4-ronsj h on ka�e d W n 0 Pop C� 00 b Wntr �-fj1) ,D C) Vote on motion. v OTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER V WATFORD V WILLIAMS 1/ MOTION(!ARRIp DENIED CLOSE PUBLIC HEARING - Mayor4b-g.m. • • VII. NEW BUSINESS. PAGE -5- A.1.a) Council Member moved to read by title only and set June 18, 2002 as a public hearing date for proposed Ordinance No. 795 amending the official zoning map from Residential Single Family One (RSF1) to Commercial Professional Office (CPO) located at Lots 4, 5 and 6, Block 3, South Okeechobee - City Attorney (Exhibit 4);seconded by Council Member ,IA. b) Vote on motion to read by title only and set public hearing date. VOTE YEA. NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD J WILLIAMS MOTION CARRIED - DENIED c) City Attorney to read proposed Ordinance 795 by title only. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY ONE (RSF1) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. 2.a) Council Member -w moved to approve the first reading of proposed Ordinance No. 795;seconded by Council Member -N—&. b) Discussion. John-ansis-hekr-+-, bJw quis hpnd;r• hov)l mm or -corcu r� c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD v WILLIAMS MO N CARRI - DENIED • PAGE -6- B.1.a) Council Member moved to read by title only and set June 18, 2002 as a public hearing date for proposed Ordinance No. 796 regarding Cede Board procedures and definitions - City Attorney (Exhibit 5);seconded by Council Member b) Vote on motion to read by title only and set public hearing date. VOTE YF!A NAY ABSTAIN ABSENT KIRK CHANDLER L/ OLIVER of WATFORD WILLIAMS MOTION CARRIED - DENIED c) City Attorney to read proposed Ordinance No. 796 by title only. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER EIGHT, CODE OF ORDINANCES, AND PARTICULARLY SECTION 8.11 THEREOF; PROVIDING FOR GENERAL CLEANING AND BEAUTIFICATION; PROVIDING FOR DEFINITIONS; PROVIDING FOR GENERAL LAND MAINTENANCE; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVID NG FOR AN EFFECTIVE DATE. Ctpk U1�00.tr �,� M.Cil'� ih mirth , _ C� � _(� ISC USS o�U Y add,, orw� 5ud e5r►�'nS , 2.a) Council Member moved to a rove the first reading of proposed Ordinance No. 796;seconded by Council Member. i b) Discussion. 1 �yur CA0p5 n04- rn '►Nd Q00t6V1f) , f . KP0 AD g qv�4hor. b�bn+ Jfr4i h0n ; u-r .e l s Q 4-nf j U00-rn 0 +o 1 n 0 q d- j6I6 . rQ C�, ` �� rod j� -ys �� C14�CA-ter I �- N\ c S) m P n (�l-� 6A b win I's- c6mill 5 lmw e yCU h e4 wbyi�') h mP cl o /I ( t C�) Gott in ai-r)oe y �^ WbCA 4- 4)--) �0 w rola-. �iw P� W . flndre,,w� i c) Vote on motion. l VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION CARRIED - DENIED 0 • PAGE -7- C.1.a) Consider a request by Syble's Flowers for placement of two parking signs - Maureen Burroughs (Exhibit 6). C� • ;A an e `S PAGE 4- City of Okeechobee - June 4, 2002 - Regular City Council Meeting - Handwritten Minutes I. CALL TO ORDER - Mayor: �U'x June 4, 2002, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Droao„+ Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy City Clerk S. Lane Gamiotea Secretary Addana Berry e hean+ IV. MINUTES - City Clerk. A. Council Member 9J 0-- moved to dispense with the reading and approve the Summary of Council Action for the May 21, 2002 Regular Meeting; seconded by Council Member t, 0 VOTE YEA NAY ABSTAIN ABSENT_ KIRK c� CHANDLER �— OLIVER v WATFORD v WILLIAMS MOTTO ARRIE - DENIED VI. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor 6: Q Pm. A.1.a) Council Member A ) moved to remove from the table, proposed Ordinance No. 788;seconded by Council Member,CW . b) Vote on motion to remove from table. VOTE YEA NAY ABSTAIN ABSENT KIRK t CHANDLER `f OLIVER t WATFORD t - WILLIAMS C- MOTIO RRIED -- DENIED PAGE -2- B.1.a) Council Member PD-0 moved to read by title only proposed Ordinance No. 788 amending the Land Development Regulations (LDR's) pertaining to nonconforming uses - City Attorney (Exhibit 1); seconded by Council Member N C_ . b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK �- CHANDLER c-_ OLIVER �— WATFORD WILLIAMS MOTION C IEDI - DENIED C) City Attorney to read proposed Ordinance No. 788 by title only. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, SECTION 750 THEREOF; LAND DEVELOPMENT REGULATIONS FOR THE CITY OF OKEECHOBEE, PERTAINING TO NONCONFORMING USES; PROVIDING FOR CHANGE OF NONCONFORMING USE WHEN THE SUBJECT PROPERTY IS SOLD, TRANSFERRED OR OTHERWISE ASSIGNED BY THE OWNER OF RECORD; PROVIDING FOR TERMINATION OF NONCONFORMING USE AND COMPLIANCE WITH SECTION 750 OF THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 2.a) Council Member -Mmoved to adopt Ordinance No. 788.;seconded by Council Member b) Public Comments. A' 1 / f rr r C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK �� (, �� b (D f CHANDLER - OLIVER �,L l �� :x� :�CG_)�4�:, �r �� C�..C' WATFORD �r(�� `_1�'� � WILLIAMSC, l_ C ( �� fC l�. MOTION ARRI DENIED ;;��,, Q- - r [Lx1_' C t-((�.L_(� 't `lti4 ��' ..� c its ^ t C�c dE,w--w LA- PAGE -3- n r'[ CAA Council Member moved to read by title only proposed Ordinance No. 793 revising the Future Land Use Map regarding property located at Lots 3 and 4, Block 21, South Okeechobee - City Attorney (Exhibit 2);seconded by Council Member 86 . b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK Z CHANDLER c� OLIVER V WATFORD WILLIAMS C� MOTION R ED DENIED C) City Attorney to read proposed Ordinance No. 793 by title only. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. 2.a) Council MemberI moved to adopt Ordinance No. 793; seconded by Council Member W . b) Public Comments. %`i ent 19 -+�. iiQYv�Qh - �L�YVLi�vv� �J`t ,gyp +C-yq cj� F�-�� to t � � � L- �-�-i-� 1,J �9-� �. ��.,.� �� G` ,7..Q� �►� �.`s`� , C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER t OLIVER �. WATFORD c WILLIAMS MOTION RRIED `- DENIED PAGE -4- DA.a) Council Members moved to read by title only proposed Ordinance No. 794 revising the Future Land Use Map regarding property located at Lots 4, 5 and 6, Block 3, South Okeechobee - City Attorney (Exhibit 3);seconded by Council Member. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTIO �CARRI- DENIED C) City Attorney to read proposed Ordinance No. 794 by title only. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. 2.a) Council Member moved to adopt Ordinance No. 794;seconded by Council Member. b) Public Comments. �► � iC (�L � c� YV� ¢�(` � l'� Cc ' , ' � �'; Cc c c vQ1t-C Laff t.Ll.L ( L )2 Wit, jG tit Cam( ow!C C i , Y I _ ra (it) J� od ^- C) Vote on motion.' `J / OTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER nc CA (�Y1 CA 64 L 4 wA LICK, 44-:0 OLIVER WILLIAMS lUl a .. 6 Ifs 11C✓ �5 d�C�� Z L MOTION CARRIE - DENIED CLOSE PUBLIC HEARING - Mayor ! p.m. O w - h c u� � - c+t ' L c r Pox &� cL • a"t v • PAGE -5- VII. NEW BUSINESS. A.1.a) Council Member -�)6 moved to read by title only and set June 18, 2002 as a public hearing date for proposed Ordinance No. 795 amending the official zoning map from Residential Single Family One (RSF1) to Commercial Professional Office (CPO) located at Lots 4, 5 and 6, Block 3, South Okeechobee - City Attorney (Exhibit 4);seconded by Council Member b) Vote on motion to read by title only and set public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK L- CHANDLER Li OLIVER v WATFORD t/ WILLIAMS U MOTION ARRIED DENIED c) City Attorney to read proposed Ordinance 795 by title only. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY ONE (RSF1) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. 2.a) Council Member EV moved to approve the first reading of proposed Ordinance No. 795;seconded by Council Member AJO b) Discussion. A L'-) q F LLtrn c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER c_ OLIVER �— WATFORD L-- WILLIAMS C— MOTION ARRIE _ '— DENIED PAGE $- 6.1.a) Council Member ('U, moved to read by title only and set June 18, 2002 as a public hearing date for proposed Ordinance No. 796 regarding Code Board procedures and definitions - City Attorney (Exhibit 5);seconded by Council Member —f�L. b) Vote on motion to read by title only and set public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK [� CHANDLER OLIVER i-- WATFORD v WILLIAMS MOTION ARRIED - DENIED c) City Attorney to read proposed Ordinance No. 796 by title only. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER EIGHT, CODE OF ORDINANCES, AND PARTICULARLY SECTION 8-11 THEREOF; PROVIDING FOR GENERAL CLEANING AND BEAUTIFICATION; PROVIDING FOR DEFINITIONS; PROVIDING FOR GENERAL LAND MAINTENANCE; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. ra Council Member � moved to approve the first reading of proposed Ordinance No. 796;seconded by Council Member Discussion. t �c' Pkt.t�c �5 Lox 01 14LItto') acp�a-tk:1, 1 Sf Aj"f) Lti,�1 � /quid c) Vote on motion. u1 P C�fk- MC7� �10 &UJA h� i-l-2 0OWS16(ki VOTE YEA NAY TAIN ABSENT aa n� KIRK f i h U'C�- CHANDLER r IV OLIVER WAT 0 � (.-k,*CJ WIL MS MOTION CARRIED DENIED 0-. I ''01a� �t��'�1 Lr) , d1�c e Y� Ji ru , �J w� �� Kr) it CL. 0 0 lalcu oc,7( iavp�cia -1 Lt cl-PPIC-(d I %�� UN ya V ct-v,-6- � t N-Acytt PAGE -7- CA.a) Consider a request by Syble's Flowers for placement of two parking signs - Maureen Burroughs (Exhibit 6). i pi, CITY OF OKEECHOBEE June 4, 2002 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 4 I. CALL TO ORDER - Mayor: June 4, 2002, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor Robert Rieffel; • Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea • IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the May 21, 2002 Regular Meeting. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. JUNE 4, 2002 - CITY COUNCIL AGENDA - PAGE 2 OF 4 VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.La) Motion to remove from the table, proposed Ordinance No. 788. b) Vote on motion to remove from table. B.La) Motion to read by title only proposed Ordinance No. 788 amending the Land Development Regulations (LDR's) pertaining to nonconforming uses - City Attorney (Exhibit 1). • b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 788 by title only. 2.a) Motion to adopt Ordinance No. 788. b) Public Comments. c) Vote on motion. C. La) Motion to read by title only proposed Ordinance No. 793 revising the Future Land Use Map regarding property located at Lots 3 and 4, Block 21, South Okeechobee - City Attorney (Exhibit 2). • b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 793 by title only. 2.a) Motion to adopt Ordinance No. 793. b) Public Comments. c) Vote on motion. JUNE 4, 2002 - CITY COUNCIL AGENDA - PAGE 3 OF 4 • VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. D.La) Motion to read by title only proposed Ordinance No. 794 revising the Future Land Use Map regarding property located at Lots 4, 5 and 6, Block 3, South Okeechobee - City Attorney (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 794 by title only. 2.a) Motion to adopt Ordinance No. 794. b) Public Comments. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. VII. NEW BUSINESS. A.La) Motion to read by title only and set June 18, 2002 as a public hearing date for proposed Ordinance No. 795 amending the official zoning map from Residential Single Family One (RSF 1) to Commercial Professional Office (CPO) located at Lots 4, 5 and 6, Block 3, South Okeechobee - City Attorney (Exhibit 4). b) Vote on motion to read by title only and set public hearing date. c) City Attorney to read proposed Ordinance 795 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 795. b) Discussion. c) Vote on motion. 0 .TUNE 4, 2002 - CITY COUNCIL AGENDA - PAGE 4 OF 4 VII. NEW BUSINESS CONTINUED. B.La) Motion to read by title only and set June 18, 2002 as a public hearing date for proposed Ordinance No. 796 regarding Code Board procedures and definitions - City Attorney (Exhibit 5). b) Vote on motion to read by title only and set public hearing date. c) City Attorney to read proposed Ordinance No. 796 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 796 b) Discussion. c) Vote on motion. C. Consider a request by Syble's Flowers for placement of two parking signs - Maureen Burroughs (Exhibit 6). PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. • • EXHIBIT 1 ^- DUNE 4 AGENDA ORDINANCE NO. 788 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, SECTION 750 THEREOF; LAND DEVELOPMENT REGULATIONS FOR THE CITY OF OKEECHOBEE, PERTAINING TO NONCONFORMING USES; PROVIDING FOR CHANGE OF NONCONFORMING USE WHEN THE SUBJECT PROPERTY IS SOLD, TRANSFERRED OR OTHERWISE ASSIGNED BY THE OWNER OF RECORD; PROVIDING FOR TERMINATION OF NONCONFORMING USE AND COMPLIANCE WITH SECTION 750 OF THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance No. 716 for the City of Okeechobee, Florida, in section 750 thereof, provides for the recognition of, continued use of, and restrictions pertaining to, certain non -conforming uses of real property in the City that existed at the time of adoption of the ordinance; and WHEREAS, the intent of said ordinance being to gradually bring all nonconforming land uses within the City into compliance with current zoning and land use regulations in the City, the enforcement of which will benefit the City and the public as a whole by the uniform development and use of lands within the City; and WHEREAS, the current land development regulations do not provide for certain contingencies in relation to continuance of nonconforming land and structure uses within the City, and it is in the best interests of the City and the general welfare of the public to amend the regulations to amend said ordinance; NOW THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida at duly noticed regular meeting thereof, as follows: SECTION I. THAT Section 750 of Ordinance 716, Land Development Regulations, subsection 754 thereof, is amended by deleting same, and in its place and stead, the following is adopted and approved by the City of Okeechobee: 754 CHANGE OR TRANSFER OF NONCONFORMING USE OR STRUCTURE 1. CHANGE OF NONCONFORMING USE OR STRUCTURE A nonconforming use or structure may be changed to a conforming use or structure for the district in which it is located. Once changed to a conforming use or structure, no building, structure or land use shall be permitted to revert to a nonconforming use. 2. TRANSFER OF NONCONFORMING USE OR STRUCTURE In the event the underlying lands on which exists a nonconforming use or structure within the City are sold, assigned or in any manner transferred from the name of the record owner of said lands, as such ownership is recorded with the Clerk of the Circuit Court or Property Appraiser for Okeechobee County, such nonconforming use or structure shall not be permitted to be likewise transferred, and said Page 1 of 2 nonconforming use or structure thereon shall then be brought into compliance with all current requirements of City Codes and these Land Development Regulations, and such future use or structure shall be either a permitted use or structure within the district regulations, or after approval a special exception use or structure within the district. SECTION II. SEVERABILITY Should any provision or section of this ordinance or the regulation adopted by reference and attached to this ordinance, be held by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of this ordinance or the regulations as a whole, or any part thereof, other than the specific part so declared by the court to be invalid or unconstitutional. SECTION III. EFFECTIVE DATE This ordinance shall take effect upon second and final reading by the City Council on the W' day of June, 2002. INTRODUCED for first reading and set for final public hearing on this 16th day of April, 2002. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this a day of June, 2002. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 • • tP ' �3 rnWteu The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a � ` l 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. Swom tq�subscribe fore me this day of i�c A.D. 20 Notary Public, State of Florida 1{aPITI('ll R. BPOWit =z.- Commission # CC 902300 4:., ,oe F,xpires Jan. 17, 2004 6_.. All Bonded Thru lo"O Atlnntir. Bonding (o., Inc. INNNN1i NOTICE OF PUBLIC NEARING CITY OF OKEECHOBEE, FLORIDA PLEASE TAKE NOTICE thatthe City Council of the Cdy of Okeechobee, Florida will on Tuesday, June 4, 2002 at 6:00 p.m. or as soon thereafter possible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL to conduct a PUBLIC HEARING on and thereafter consider final read- ing of the following Ordinance into law: NO. 788: AN ORDINANCE OF THE CITY OF OKEECHnRFF Y IS OR BY 1 ner:una; PHOVIDING FOR TER- MINATION OF NONCONFORMING USE AND COMPLIANCE WITH PROVIDING FOR SEVERABILIT . PROVIDING FOR AN EFFECTIVE DATE. All members of the public are en- couraged to attend and particippate in said hearing. The proposed Ordi- nance may be inspected in its en- tirety by members of the public in the Office of the City Clerk during regular business hours, Mon -Fri, Sam-4:30pm, except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that If any person desires to appeal any decision made by the City Council with respect to any matter considered at this hearing, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbafim record of the proceed- ings is made, which record in- cludes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disability Act ((ADA) and Flori- da Statutes 286.28, persons with disabilities needing special accom- modation to participate in this pro- ceeding should contact Bonnie Thomas no later than two (2) work- ng dayys prior to the proceeding at 863-763.3372 x215; if hearingg or voice impaired, call TOO 863-534. 7777, or Florida Relay Service 1- 800-955-9770. BONNIE S. THOMAS, CMC, CITY CLERK 290014 - ON 5r26m2 28, 2002 - Land ;e4of5 • AGENDA IV. NEW BUSINESS CONTINUED. C. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's - LDR's). The proposed will amend sections specifically regulating non -conforming uses. ACTION - DISCUSSION VOTE Attorney Cook explained that he recently came across an issue where a specific property has been in non -conforming status for a long time. The property recently transferred ownership and in doing so the does not have to comply with current code and regulations. The Land Development Regulations does not at this time have jurisdiction on transferring ownerships of properties. This proposed amendment will then make all sales of properties or transfers of ownerships now comply will all current codes and regulations. There was no public comment. There was no discussion from the Board. Board Member Keller moved to recommend that the Land Planning Agency recommend to the City Council to approve the request to amend Volume One of the Unified Land Development Code for the sections pertaining to non -conforming uses. Board Member Hoover seconded the motion. VOTE HOOVER - YEA .TONES - YEA KELLER - YEA LEDFERD - YEA MCCOY - YEA MUELLER - YEA WALKER - YEA MOTION CARRIED. D. Consider amending Volume One of the Unified Land Development Code (Land Attorney Cook explained that this amendment will require all Citizen Boards to regulate the Development Regulation's - LDR's). The proposed will amend sections election of a chairperson to every two years. He explained that some of the Boards have specifically regulating Citizen Board Officers. chairpersons that have been chair for several years and this would allow other members to have 11 an opportunity. There was no public comment. There was no discussion from the Board. • EXHIBIT 2 - .TUNE 4 AGENDA ORDINANCE NO. 793 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) for a small-scale amendment to the Future Land Use Element of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Land Planning Agency at a duly advertised meeting, and submitted by staff report, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part 11, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; BE IT ORDAINED by the City Council of the City of Okeechobee, Florida as follows: SECTION 1 SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment", pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2 AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part 11, Florida Statutes. SECTION 3 REVISIONS TO THE FUTURE LAND USE MAP. The following described land is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 02-002-SSA, from Multi -Family to Commercial. The Legal Description of Subject Property is as follows: Lots 3 and 4, Block 21, South Okeechobee, according to the Plat thereof Recorded in Plat Book 5, Page 7, Public Records of Okeechobee County, Florida. Page 1 of 2 E SECTION 4 INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5 SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6 EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 793 shall be thirty- one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 4 h day of June, 2002. ATTEST: Bonnie S. Thomas, CIVIC, City Clerk ADOPTED after first reading on the 41" day of June, 2002. ATTEST: Bonnie S. Thomas, CIVIC, City Clerk Reviewed for Legal Sufficiency: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 AGENDA IV. NEW BUSINESS. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 02-002- SSA. Consider a recommendation to the City Council, to change the land use designation from Multi -Family to Commercial located at 1306 S.W. 2"d Avenue (Legal: Lots 3 and 4, Block 21, South Okeechobee). The property owner is Linda S. Connelly. The applicant is Cathy S. Knapp. 11 0 May 28, 2002 - Land Planning Agency - Page 2 of 5 ACTION —DISCUSSION - VOTE Jock Robertson City Planning Consultant described the subject property and gave a brief background of the surrounding properties. He read the summary on page two of the staff report. Mr. Robertson explained that the request was consistent with the Future Land Use Plan. The property has adequate facilities and is compatible with adjacent and nearby uses. He further explained that the request is in compliance with the specific standards as addressed in the Land Development Regulations. Mr. Robertson recommended that the Land Planning Agency recommend to grant approval to the City Council for the request of Comprehensive Plan Map Amendment Application 02-002-SSA, requesting to change the land use designation from Multi Family to Commercial. There were some questions from the Board regarding the regulations on kenneling and if the applicant would be allowed to kennel the animals at the subject property. Mr. Robertson explained that the Land Development Regulations only addresses Veterinarian Services which would be allowed by special exception and if the applicant was interested in having kenneling services they would have to come back after the rezoning petition was approved. Ms. Cathy Knapp, applicant, addressed the Board. Ms. Knapp informed the Board that she was not interested in having kenneling services. She explained that she is interested in grooming services only. There was no further public comment. There was no further discussion from the Board. Board Member Mueller moved to recommend to the City Council to grant approval for Future Land Use Map Amendment Application No. 02-002-SSA, requesting to change the land use designation from Multi Family to Commercial. Board Member Keller seconded the motion. VOTE HOOVER -YEA .TONES - YEA KELLER - YEA LEDFERD - YEA MCCOY - YEA MUELLER - YEA WALKER - YEA MOTION CARRIED. 05 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 Staff Report - SmallmScale fig, Petition No Prepared Staff Report Small -Scale Comprehensive Plan Amendment General Information Petition Number: Owner: Owner Address: Phone Number: Applicant: Applicant Address: Phone Number: Property Address: 02-002-SSA Linda S. Connelly 588 S.E. 36`h Terrace Okeechobee, FL 34974 863-763-0868 4plicant: Cathy S. Knapp Petition No. 02-002-SSA Cathy S. Knapp P.O. Box 1728 Okeechobee, FL 34973 863-467-0868 / (w) 863-467-1999 1306 SW 2"a Avenue, Okeechobee, FL Existincr Proposed Future Land Use Map Multi -Family Commercial Classification Zoning District Multi -Family / Special To be applied for after this Exception approval for application daycare Existing Land Use An unoccupied residential Dog grooming structure. Acreage 0.325 Density N/A (existing structure) Access 2 nd Ave. Location: Two lots located directly to the west of Gators Plaza Legal Description: Lots 3 and 4, Block 21, South Okeechobee, according to the Plat thereof Recorded in Plat Book 5, Page 7, Public Records of Okeechobee County, Florida. Request: The applicant has proposed the Future Land Use Map designation be amended from Multi -Family to Commercial. Adjacent Future Land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification: Single Family Zoning District: RSF-1 Existing Land Use: Single Family 1 Staff Report 0 Small -Scale Comprehensive Plan Amendment %plicant: Cathy S. Knapp Petition No. 02-002-SSA East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use: Commercial CHV / RSF-1 Commercial plaza and single family Single Family RSF-1 Single Family Single Family RSF-1 Single Family Within the past year, this property was rezoned to multi -family from single-family and issued a special exception to allow for a day care facility. This facility has ceased operation and the owner of the property has allowed the applicant to apply for a Future Land Use Map Amendment and depending on approval, consistent zoning. While significant single-family dwellings still remain, much of the Future Land Use Map for the adjacent area has been amended to allow for commercial or public uses. Nearby uses include the Public Library and the Fountain of Youth. These low intensity commercial uses have been approved because they allow for the needed expansion of commercial space within the City while allowing the neighborhood to retain its residential character. Therefore, the subject property is in a location that would allow for light commercial use Comprehensive Plan Analysis. A. Consistency with the Land Use Categories and Plan Policies. The proposed amendment is consistent with Comprehensive Plan Future Land Use categories and other Plan Policies. There are no objectives or policies, which are in conflict with the proposed amendment. B. Concurrency of Adequate Public Facilities The property is served by public utilities. Final determination of adequate capacity will be made at the time of rezoning. Transportation for low intensity commercial uses con be accommodated by the existing street network. C. Compatibility with Adjacent and Nearby Land Uses The location of the property is in an area of mixed uses. Recent trends reflect this area is in transition from single-family residential uses to commercial. Those uses located on Parrot Ave. are more intense and those located on S.W. 2nd Ave. are less intense. The intended uses include R.J. Gators, Dairy Queen, and Riverside 2 Staff Report • 46plicant: Cathy S. Knapp Small -Scale Comprehensive Plan Amendment Petition No. 02-002-SSA Bank located on Parrot Ave. The Fountain of Youth Day Spa, and the Okeechobee Library are located on S.W. 2nd Ave. These nearby uses do establish a commercial atmosphere for the subject property. D. Compliance with Specific Standards of the Plan. The proposed use is consistent with the following Policy 2.1(C) of the Future Land Use Element of the Comprehensive Plan. Policy 2.1(c): Commercial. Permitted uses include office, retail, automotive wholesale, and related commercial activities. Also permitted are public facilities. Commercial development shall not exceed a floor area ratio of 3.00 and the maximum impervious surface for development within this category shall not exceed 85% of the site. Recommendation Staff recommends the Comprehensive Plan Future Land Use Map amendment to Commercial based on the above findings. When zoning is requested the approval should be limited to Low Intensity Zoning Districts. Attachments Attached to this Staff Report is the Future Land Use Map indicating the change from Multi -Family Land Use to Commercial Land Use, and a locational map indicating the general location of the subject property. Submitted by: James G. LaRue, AICP May 2, 2002 CITYID OKEECHOBEE Buffdfng and Zoning Department • Application Fee $500.00 • City Location map COMPREHENSIVE PLAN MAP AMENDMENT APPLICATION // Please check one: F mall Scale Amendment (Under 10 Acres) pLarge Scale Amendment (Over 10 Acres) Name of Property OwnerL blct n- C o n r1 e a y Mailing Address -'>22 S F"- 3G4H i zrraC-.e.. 011eeGj�06Pe FL- "3gg74 Home Telephone (<' (3) 7 L-,3 - '7 '7 S S Work Telephone Name of Applicant, *If other than owner, (relationship) C a 4 Applicant Mailing Address P O b X 1-7 O k e e C k c> k e P, FL 3 v 4 74 Home Telephone (cAG3) 4 b 7 - 0 $66 Worl(Telephone ORG3) q%'7 - 1557 Property Address/Location -1 3 0 („ 5 W D a 12\ U e ®k PQ C A 0 b f p, E1- 3y973 Property Parcel Number 3- 0 - 3 - 3 S- O o L1 O- O O 3L I C) -- 00 3 O Current Zoning Designation oeCraI EXce �Av I .t 1 i-QYti i (y r Current Future Land Use Designation Existing Use of the property b q � CD-v- e- Proposed Future Land Use Designation iA e Q Vy C O M N^ e i-c- Proposed Use of the Property 1 e U f'oerv\ i r\ C, S O (J Size of Property (in acres) S a C Description of Surrounding Properties F` ` J G 0. o ^S , p A i r- y U P C- r) P> r- V-, I,\- C.- v1 �. e e V- To V n � � r o � Ya U P.,verSI cue I_.r- e, Legal Description of Property (Lengthy Description May Be Attached) n 4 c 3 a n rX `-f cp�,�I�� P- L- C,-E T e e og Re C o r-J er�cJl 1 Y� n L. 0. � 13 Go �� P Q� C I Puk I t C ReCOrdS Q--t- Of-,1eeC%t0kee- CoUY-,A�— Fl-oe- ; CQ_ o- Required Attachments: • Survey of Property (11" x 14", 20" Scale) • Letter Outlining Request • *Notarized per o Owner's Authorizatic Signatur 17 LOVE OIL A LEASH April 8, 2002 Okeechobee Zoning Board City of Okeechobee Okeechobee, Florida 33473 Re: Request for Re -Zoning of 1306 S.W. 2°d Avenue Okeechobee, Florida 33473 Dear Board Members: I come before this board to put forth a request to have the above property rezoned to "Heavy Commercial" for the purpose of Pet Grooming. Please note: No pet(s) would remain on the premises after normal business hours. I have looked extensively at the slim availability of commercial properties and none meet the needs required for pet grooming. Further, those properties that are available are beyond my financial means to obtain. A major factor is location due to my type of client base of elderly people. This property and its location allows a variety of accessibility without the high volume of traffic associated with Highways 441, 70 and Parrot Avenue. In closing I would like to state within view and walking distance of the subject property the following commercial properties are located: 1. R.J. Gators 2. Dairy Queen 3. Brahman Theater 4. Fountain of Youth 5. Handy's Convenience Store 6. Riverside Bank Thank you for the opportunity of hearing my requested proposal. Sincerely, Cathy S. Knapp x r1eq f p 31 o nrle---ly Co n5en-� A--o ©7- PJC)�,i D6- o F -%-:SEE �G Lee, i C CAROLYN ARPIOLD MY COMMISSIDN # DD 025846 EXPIRES: May 15, 2005 Bort Thry Nonr/ Poblb U mribn BOUNDARY SURVEY LOCATED IN SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST TALLAHASSEE MERIDIAN OKEECHOBEE COUNTY, FLORIDA DESCRIPTION LOTS 3 AND 4, BLOCK 21, SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SURVEYORS NOTES Subject to easements and restrictions of record. Lands described hereon not abstracted by this office. Underground utilities and foundations are not shown. The description shown hereon was provided by the client and/or his/her agent. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. The surveyor did not interview adjoining land owners for unrecorded deeds or easements. Elevations, if any, are based upon assumed datum. Lands shown hereon are in Flood Zone C, as scaled from FEMA FIRM panel no. 120177 02008, dated 2-4-81. Address: 1306 SW 2ND AVENUE, OKEECHOBEE, FL M 0 Z LOT 8 LOT 9 LOT 10 SURVEYORS CERTIFICATE I hereby certify that the attached sketch of survey of the hereon described property is true and correct to the best of my knowledge and belief as surveyed in the field under my direct supervision. Subject to the qualifications noted hereon. CERTIFIED TO ONLY THE FOLLOWING PARTIES: CATHY S. KNAPP TAYLOR, BEAN AND WHITTAKER MORTGAGE CORPORATION, ITS SUCCESSORS AND/OR ASSIGNS OKEE-TANTIE TITLE INSURANCE COMPANY, INC. LOT 11 James R. Almond, PSM TICOR TITLE INSURANCE COMPANY, INC. Professional Surveyor —Mapper FIRST AMERICAN TITLE INSURANCE COMPANY, INC. UNITED GENERAL TITLE INSURANCE COMPANY, INC. Florida Registration No. LS5081 SURVEY DATE: APRIL 10, 2002 R/w SW 13TH STREET _ I — -- — -- — --- — FORMERLY ETH STREET LOT 2 FENCE CORNER FENCE CORNER SPRINT os' E. or 1.+ s S88'32'5"E " m 5/5' IR NO ID NUMBER I i I �I •I Be-- -- LOT 3 c I c w000 CRIME ADomox m u' uzso' 0.327 ACRES i ry W 73.42' sar �n o $ LOT 4 FENCE CORNER FENCE CORNER OX E. O.2' N 2.8' N SPRIN O O N 5/8" IRC N88'32'52'W 1 RLS 2084 r W Q LOT 5 BLOCK 21 SOUTH OKEECHOBEE PLAT BOOK 5, PAGE 7 OKEECHOBEE COUNTY, FLORIDA I I 142.49' I FD 5/B' IR NO 10 NUMBER it ml NIIC"'13"w 1 I �I LE1 26.02' " o W o _ 3 Ot' T — Q s d°AASIN ❑ I ;r I .I ml W "I I n I I I 12.49' 5/B' FD 2084 RLS - I LE END N MEASURED DIMENSION D °EEO °IMEN P .PUT DIMENSION CM . CONCRETEMONUMENT Ht � IRON ROD THIS BAP 15 i9TE"°`D TO MEASURE SORES D LONG PREPARED FOR : CATHY S . K N A P P AT THE SCALE INTEND IF BAR NEOREIDH LONTLT ENVRGE OR REWCE ACCOROWGLT. IRC IRON ROD w1TN CAP TER METEF W WATER VALVE UP - UPUTY POLE SPRINT . SPRINT L - ARC LENGTH . CENT— ANGa I, RADIUS DISTANCE CH CHORD SF SOUARE FEET GAL . —0 D MO.O PB PUT BOOK PC PAGE ORB OIMCu RECORDS BOON RAD .R R � NOT Oi RAOVL ,21S 7550,04000190OD30 321373500 001500050 i`,ne0GD00'5e0nn 3213715004 (1020000,10 D03Eil0�� i _ 321373500 4002060030 1037[q�ll � i i 3213T50[ 00D2000050 1038�00U •, i II II II 32137350[441600100 3t131;50LL4D0U1B00040 ll 32137350040001600120 3213)35004�002100070 321373500002100090 - 1U 11 32137250040002f(J01f0 1 L 321373500IOOD2f000f0 J L + 3213735Dne©oo21DeD3o I 3213735U0400021U0050 E_) 3 j137S,04000I700HG 321373600461) 100050 l) 3213735004002200070 32137350+0 200010 u L_ 32137350d! 002200090 i J '-1 3213735004-4&OOD30 3213730��1002200100 32137350040 2200040 11 12 !; 6 32137350 400025000f0 3213735004a002400070 32137350010002400010 7 . 3213735004000 300010 OOAOOOID ' l_5 is I L 32137350d4)002400090 1 32137350010002400030 l � [� J Lf t 321J, L, 40002500040 10 i000ADOWD .-------------.....--------- -.. 1 321373enoaonnz3onn4n 7 e • • wy �r �cvr ANN s n - 5�► b s M' G MI . . . . . . ................. 50 hl + (,0OIAVON2 1.0113AV ONZ MS _M 'irS `tt teF• +n «�. ttafl�` � .. � = 'y .� � � 'y e = "� e NNE c — I� i The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, 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 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. f��subsc-bed� sworn 4_o and before me this Wda o n1�c� A.D. 20 Notary Public, State of Floridac<o;a� .�= Karen , RBrownCommission # .CC 902300 expires Jan. 17, 200d OFf�� Eonded '�n n�` atlantic Thru �ondinq Co., Inc. 1p[q mCW' Publict 11 NOTICE OF PUBLIC HEARING CITY OF OKEECHOBEE, FLORIDA PLEASE TAKE NOTICE thatthe City Council of the City of Okeechobee, Florida will on Tuesday, June 4, 2002 at 6:00 p.m. Was soon thereafter possibleat, City Hall, 55 SE 3rd Ave., Okeechobee. FL to conduct a PUBLIC HEARING on and thereafter consider final read- ing of the following Ordinance into law: N0. 701• eu no .0 .._ __ nn members of the public are en. courag id to attend and pancippate n said hearing. The proposed Ordi- nance may be inspected in its en- tirety by members of the public in the regular business ness hours ce Of the City or lholidae Mon-Frk n PLEASEOTAKEXNOTICE AND yBE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this hearing, Such record efrested the prof edings, and rson will neefor such purpose may need to ensure a verbatim record of the Proceed- ings is made, which record in- cludes the testimony and evidence upon which the be based. City C erk tapeppeal is os are for the sole purpose of backup for official records of the Clerk. In accordance with( the Americans with DAand da Staatutesd2 6C26Aperso sFwith disabilities needing special accom- modation to participate in this pro- ceeding should contact Bonnie Thomas no later than two (2) work - 20Prior to the proceeding at 63-3372 x215; if hearingg or voice impaired, call TDD 863-534- 7777, or Florida Relay Service 1. 800-955-9770. BONNIE S. THOMAS, CMC, CITY CLERK 290015 - ON 5/26/02 • . EXHIBIT 3 - ORDINANCE NO. 794 JUNE 4 AGENDA AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 636 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) for a small-scale amendment to the Future Land Use Element of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Land Planning Agency at a duly advertised meeting, and submitted by staff report, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; BE IT ORDAINED by the City Council of the City of Okeechobee, Florida as follows: SECTION 1 SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment", pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2 AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3 REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 02-003-SSA, from Residential Single Family (RSF) to Commercial (C). The Legal Description of Subject Property is as follows: Lot 4, 5 and 6, Block 3, South Okeechobee, According to the Plat thereof Recorded in Plat Book 1 Page 12, Public records of Okeechobee, Florida. Page 1 of 2 • N OF ORDINANCE AND REVISED FUTURE SECTION 4 INCLUSION LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 6 SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6 EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 794 shall be thirty- one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 4th day of June, 2002. ATTEST: Bonnie S. Thomas, CIVIC, City Clerk ADOPTED after first reading on the 41h day of June, 2002. ATTEST: Bonnie S. Thomas, CIVIC, City Clerk Reviewed for Legal Sufficiency: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 2002 - Land Planning Agency - Page 3 of 5 AGENDA IL ACTION - DISCUSSION - VOTE IV. NEW BUSINESS CONTINUED. B. Comprehensive Plan, Future Land Use Map Amendment Application 02-003- SSA. Consider a recommendation to the City Council, to change the land use designation from Single Family to Commercial located at 200 S.W. 91h Street (Legal: Lots 4, 5, and 6, Block 3, South Okeechobee). The property owner is Derita Watford. The applicant is Glenn Sneider, prospective buyer. • E Jock Robertson City Planning Consultant described the subject property and gave a brief background of the surrounding properties. He read the summary on page two of the staff report. Mr. Robertson explained that the request was consistent with the Future Land Use Plan. The property has adequate facilities and is compatible with adjacent and nearby uses. He further explained that the request is in compliance with the specific standards as addressed in the Land Development Regulations. Mr. Robertson recommended that the Land Planning Agency recommend to grant approval to the City Council for the request of Comprehensive Plan Map Amendment Application 02-003-SSA, requesting to change the land use designation from Single Family to Commercial. There were questions from the Board as to how they could limit the zoning to be Commercial Professional Office (CPO). Attorney Cook explained that this request is for the Future Land Use Map which only has one designation for Commercial. Mr. Glenn Sneider, applicant, was acknowledged by the Board. Mr. Sneider explained that he was a local attorney and was looking to operate his practice at the subject property. There was some discussion from the Board about increased traffic flow and the possible impacts the office will have on the surrounding properties. There was no further public comment. There was no further comment from the Board. Board Member Mueller moved to recommend to the City Council to grant approval for Future Land Use Map Amendment Application No. 02-003-SSA, requesting to change the land use designation from Single Family to Commercial. Board Member Keller seconded the motion. VOTE HOOVER - YEA .TONES - YEA KELLER - YEA LEDFERD - YEA MCCOY - YEA MUELLER - YEA WALKER - YEA MOTION CARRIED. �l3 m The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA OF PUBLIC HEARING CITY OIF CE OKEECHOBEE, FLORIDA COUNTY OF OKEECHOBEE PLEASE TAKE NOTICEthatthe City Before the undersigned authority personally appeared Council of the C ty. of Okeechobee, 2002 at Florida will 0 m or Tuesday, dune n ao Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published thereafter possible, at City conduct Ave., CcHEARING on at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- and thereafter consider final read - ing of the following Ordinance into ment, being a law: NO.794: AN ORDINANCE OF THE OF OKEECHOBEE, FLORIDA MENDING TTY E CITY OKEECHOBEE COMPREHENSIVE V� E NO 35 AS AMENDED, BY REVl3 NG THE FU- TUBE _- �V LAND USE MAP; PROVID- ING FOR INCLUSION OF ORDt• 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 t and subscrib before me this day of A� A.D. 20 Notary Public, State of ge r Florida,u '�'� Karmen R. o1?A....... Brown _�K. Commission # CC 902300 ;9•.. _ Pa?; Expires .Jan. 17, 2004 Bonded Thru aLiancin Bonding Co., Inc. All members of the public are an. couraged to attend and particippate in said hearing. The proposed Ordi- nance may be inspected in its en- tirety by members of the public in the Office of ihn 'it-, ri— ....:-- for holida. PLEASEuTAI(Exce NOTICE AND BE ADVISED that any person desires to appeal any decision made by the City Council with respect to any matter considered at this hearing, such interested person will need a record of the proceedindslpand for uch purpose eaverbatimeorfroceedings is made, which record in- cludes the testimony and ev dence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the ClerkIn accordance . Americans with Disability Act (DA)and lod da Statutes 286.26, persons with disabilities needing special accom- modation to participate in this pro- ceeding should contact Bonnie Thomas no later than two (2) work- ing days prior to the proceeding at 863-763-3372 x215; if hearing or voice impaired, call TOD 863.534- 7777, or Florida Relay Service 1- 800-955-9770. BONNIE S. THOMAS, CMC, CITY CLERK 290022 - ON 5/26/02 1 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 Staff Report - SmallScale Land Use Amendment From Residential Single Family (RSF) to Commercial Petition No. 02-003-SSA Prepared for • The City of Okeechobee Staff Report Applicant: Glenn Sneider Small -Scale Comprehensive Plan Amendment Petition No. 02-003-SSA General Information Petition Number: 02-003-SSA Owner: Derita Watford c/o Steve Watford Owner Address: 222 77th Terrace Okeechobee, FL 34974 Owner Phone Number: 863-763-2121 Applicant: Glenn Sneider Applicant Address: 107 NE 4th Street Okeechobee, FL 34972 Phone Number: 863-467-6570 Property Address: 200 SW 91h Street, Okeechobee, Florida Future Land Use Map Classification Existing Single Family Proposed Commercial Zoning District RSF-1 N/A -Existing Land Use Residential Professional office Acreage .49 Density 4 DU/AC Single -Family 3.00 FAR Access 9" Street Location: 200 SW 9th Street, Okeechobee, Florida Legal Description: Lot 4,5 and 6, Block 3, South Okeechobee, According to the Plat thereof Recorded in Plat Book 1 Page 12, Public records of Okeechobee, Florida. Request: I A small scale Future Land Use Map Amendment from Single -Family to Commercial. • North: Future Land Use Map Classification: Single Family Zoning District: RSF-1 Existing Land Use: Public Facility 1 • Staff Report Small -Scale Comprehensive Plan Amendment • Applicant: Glenn Sneider Petition No. 02-003-SSA East: Future Land Use Map Classification: Commercial Zoning District: RSF-1 Existing Land Use: Commercial South: Future Land Use Map Classification: Single Family Zoning District: RSF-1 Existing Land Use: Single Family West: Future Land Use Map Classification: Single Family Zoning District: RSF-1 Existing Land Use: Single Family The proposed amendment is consistent with Policy 2.1 of The Future Land Use Element. Which includes professional office as a permitted use with appropriate zoning. The proposed amendment is consistent with surrounding land uses because property to the North is currently used as a Public Facility and property to the East is Commercial I Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. The proposed amendment is surrounded on three sides by Single Family and to the East by Commercial Future Land Use Map designations. B. Concurrency of Adequate Public Facilities The subject property is located one (1) block from Parrot Avenue and will be served by public utilities. Because of this location and proposed use there should be adequate public facilities. Final determination will be made by the City during the rezoning process. C. Compatibility with Adjacent and Nearby Land Uses The location of this property does allow for Light Commercial uses because of the number of recent amendments to allow for less intense Commercial uses. The proposed Amendment would be consistent with these amendments. The proposed amendment is consistent with adjacent land uses. Property one (1) block to the North is currently used for the Freshman Campus and other School Board uses. However, only commercial professional office would be recommended, any other zoning would be inconsistent. 2 • Staff Report Small -Scale Comprehensive Plan Amendment D. Compliance with Specific Standards of the Plan. • Applicant: Glenn Sneider Petition No. 02-003-SSA The proposed use of a legal office is consistent with Policy 2. L(c) of the Future Land Use Element. Furthermore, there are no Objectives or Policies that are inconsistent with the proposed use. Policy 2.1. (c): Commercial. Permitted uses include office, retail, automotive wholesale, and related commercial activities. Also permitted are public facilities. Commercial development shall not exceed a floor area ratio of 3.00 and the maximum impervious surface for development within this category shall not exceed 85% of the site. Aftachments Attachments to this Staff Report include the Future Land Use Map indicating the change from Multi -Family Land Use to Commercial Land Use, and' a locational map indicating the general location of the subject property. Submitted by: James G. LaRue, AICP May 2, 2002 3 Building and Zoning Departdneat COMPREHENSIVE PLAN MAP AMENDMENT APPLICATION Please check one: USmall Scale Amendment (Under 10 Acres) OLarcde Scale Amendment (Over 10 Acres) Name of Property Owner _n.gri to nr� �4��ve 41;4t-€ar-d Mailing Address 222 Sw 77Yh Tarr,,,. n-PPr-hnhaP, Fr tdg7d Home Telephone Work Telephone -763- 1 21 Name of Applicant, *If other than owner, (relationship) -Glenn Sni Aar - huyer Applicant Mailing Address. 1 n7 NF tL. Str, t- nk P r hnho_ Fr 71g7, Home Telephone Work Telephone 863-467-6 70 Property Address/Location _200 sw 9Yh SYrPPt Property Parcel Number __ R3-21-37-35-0040-00030 004n Current Zoning Designation RPa s den Y i a 1 Si nn 1 P Fami 1 y7 nn Current Future Land Use Designation — 2P i rlcn t i a 1g • pg-la—F�m� t Existing Use of the property 2Pci ciant ra, Proposed Future Land Use Designation Commerc i a 1 Proposed Use of the Property Commercial Prnfacc;nnal nff (Law nffi(--a) Size of Property (in acres) .49 acrP Description of Surrounding Properties Pregesl=des immAdiatel _tha subject Property are residential, Fnrt-ber to thA NI—th�is the c hn 1 Board offices and the Frachman camnnc Tn the Pact arP nthPr nmmarnial uses. Legal Description of Property (Lengthy Description May Be Attached) Lots 4,5, and 6, Block 3, South Okeechobee thereof recorded in Plat Book 1, Page 12 Public Records of Okeechobee County, Florida. I?e:,ulrad Alta(;, I lens: • Survey of Property (11" x 14', 0" Scale) • Letter Out ' ing Re • *Notariz ter f 0 er' uthorization Signature , U, • Application Fee $500.00 • City Location map Date 1m7 Derita Watford — Property Owner Glenn Sneider — Applicant Letter Outlining Request for Comprehensive Plan Map Amendment The subject property is currently zoned Residential Single Family — 1 (RSF-1) and lies within the Single Family future land use classification of the adopted comprehensive plan. The applicant is applying for a Comprehensive Plan Map Amendment to change the future land use classification to Commercial. In addition, the applicant is requesting a change in zoning from the existing classification of Residential Single Family — 1 (RSF- 1) to Commercial Professional and Office (CPO). The intent is to allow for use of the site as a law firm. The subject property is in close proximity to the Commercial future land use classification of the adopted comprehensive plan separated only by Southwest Second Avenue. The Commercial future land use along Highway 441 denotes existing development where commercial uses predominate and where commercial development is logical and appropriate. Due to the current level of commercial activity focused at the highway it can be anticipated that there should be commercial growth in the general vicinity. There are also other commercially zoned sites and uses along Southwest Second Avenue. Additionally, properties along Southwest Second Avenue are appropriate for the establishment of less intense commercial uses, and would be an appropriate transition between heavier commercial uses found to the east and nearby residential properties to the west. There are existing commercial uses and zoning in the local neighborhood including those nearby on the same side of the street and others that are contained within the Commercial future land use classification. Although, immediately surrounding properties are zoned residential, the proposed change in zoning would not be unrelated to properties generally in the area. The general area could serve as a transition from the heavier commercial uses on Highway 441 to nearby residential uses to the west. The proposed change would have minimal impact on the surrounding mix of existing land uses. In addition, the applicant will work to minimize any potential impacts to the community. Glenn Sneider respectfully requests that the Land Planning Agency and the City Council approve the request for a Small Scale Comprehensive Plan Map Amendment from the existing classification of Single Family to Commercial. 0 u Derita Watford — Property Owner Glenn Sneider - Applicant Owner's Statement of Consent to Application I, Steve Watford, am the Attorney -in -Fact for Derita Watford, the record title owner of the real property legally described as: Lots 4, 5 and 6, Block 3, South Okeechobee, according to the plat thereof recorded in Plat Book 1, Page 12, Public Records of Okeechobee County, Florida, do hereby consent to make application to the City of Okeechobee to request a change in zoning from the existing classification of Residential Single Family — 1 (RSF-1) to Commercial Professional Office (CPO). In addition, I also consent to make application for a comprehensive plan map amendment to change to future land use classification for the above described property. r al/_0 'y Steve Watford Date STATE OF FLORIDA COUNTY OF OKEECHOBEE Sworn to and subscribed before me this day of , Personally known to me it or produced as identification and who did or did not take an oath. • 41*2 may, ,:,,$F NAMON otary Public — ate of Flonda "zoas - �� ' �1�j �� e �� P� t inC �iKK) �.yr�nrd» ,:,3T�,, ' ., June ze. zoos 18oa3i • :arvfce h Bondng, Ina GARAGE I / -- RBF all S89' 45' 14' E 142. 18' Res LEGEND 1 is, 142.5'tPI 35' RBF - Rebar Found RBS - Reber W/Cap Set IPF - Iron Pipe Found CMF - Concrete Monument Found SCALE 1'=30' a LOT 4 PRM - Permanent Reference Monument fPl - As per the plat of TFI - Field Measurement TD1 - As per the deed (C1 - Calculation W a NOTES: f. Basis bearing EAST PROPERTY LINE 2. Bearings ASSUMED LOT 5 I 3. Not valid without the signature and the original raised r— seal of a Florida licensed surveyor and mapper. 4. Description furnish by owner. o �' 5. Garage encroachs on property along North property line. OCK '� BLOCK CONCRETE nousE STREET ADDRESS: 200 NINTH STREET j . I. z W a Q = CERTIFIED T0: 76.IP o 30. 27' O W z GLENN SNEIDER _ W oe I LOT 6 � SURVEY OF: II LOT 4.5 AND 6. BLOCK 3. SOUTH OKEECHOBEE. ACCORDING TO THE PLAT THEREOF 142.5't Pl RECORDED IN PLAT BOOK 1, PAGE 12. PUBLIC RECORDS OF OKEECHOBEE COUNTY. SET NAIL S89.50'/T'E 142.33' Res FLORIDA. a O LL N SW NINTH STREET CENTERLINEI Q CERTIFICATE OF SURVEY 1 I HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOWN HEREON WAS PREPARED UNDER MY DIRECTION AND SUPERVISION. IPF HE CORNER OF BLOCK 5 LELANO OVALS, RLS 2084 4 SCALE: 1'•30' LocArim LOT 4,5.95 %X 3 SM OKM 21l37/35 LELAND Dr�YA L^S BD Y B��Y FOX ,E° 4/4/02 6LENN 5153 or LD R. L S. DCJ Na: "Q"° IAIV °BWY153 . G 4 SNEIDER 304 S. W. 3rd Ave.. Okeechobee, Fla. REVISIONS DATE BY SEAL F.alft: CITY 15/ PHCAE.... 763-4909 FAX..... 753-2500 3 j F E SAL #15 - U.S. HWY. 44t(IN tLt =11, own .M.. A., 6MI- --mw ru -a puf VNNNM�,;- - TV I rT V-31 PIC n 1�:ts i M4mn mw 7, c t.ft MIMI g7-1 .324 low&! 3t EC E MITI 0 ORDINANCE NO. 795 • EXHIBIT 4 — .TUNE 4 AGENDA AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY ONE (RSF1)ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.49 acre(s) from Residential Single Family One (RSF1) Zoning District to Commercial Professional Office (CPO) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: Now THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida that: SECTION 1. LEGAL DESCRIPTION The following described land, located in the City of Okeechobee, to - wit: Lots 4, 5 and 6, Block 3, South Okeechobee, According to the Plat thereof Recorded in Plat Book 1 Page 12, Public records of Okeechobee, Florida. SECTION 2. ZONING MAP AMENDMENT That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Single Family One (RSF1) Zoning District to Commercial Professional Office (CPO) Zoning District. SECTION 3. CONFLICT All ordinances or parts of ordinances in conflict herewith are hereby repealed. Page 1 of 2 0 • SECTION 4. SEVERABILITY If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 4m day of June, 2002. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 181h day of June, 2002. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 May 28, 2002 - Planning Board - Page 2 of 3 AGENDA ACTION -DISCUSSION..- VOTE IV. NEW BUSINESS. A. Rezoning Petition No. 02-002-R. Consider a recommendation to the City Jock Robertson explained that this petition is in connection with the Future Land Use Map Council to rezone 200 Southwest 9th Street from Residential Single Family 1 Amendment Application No.02-003-SSA, requesting to change the land use designation from (RSF1) to Commercial Professional Office (CPO) (Legal: Lots 4, 5 and 6 of Single Family to Commercial. Mr. Robertson explained that the request for Commercial Block 3, South Okeechobee). The property owner is Derita Watford. The Professional Office (CPO) zoning designation at this location would not increase traffic demands applicant is Glenn Sneider, prospective buyer. beyond existing capacity. As well, formal concurrency will be performed at the time of site plan 11 approval. Secretary Arnold submitted two letters into record from Bobbie L. Wilson, Wilma LaMartin, • Vergil L. Hayes and Bernice B. Hayes indicating they were opposed to the petition. There was no public comment. There was no discussion from the Board. Board Member Mueller moved to recommend to the City Council to grant approval for Petition 02-002-R, requesting to change the existing zoning classification of Residential Single Family 1(RSF1) to Commercial Professional Office (CPO). Board Member Keller seconded the motion. VOTE HOOVER -YEA JONES - YEA KELLER - YEA LEDFERD - YEA MCCOY - YEA MUELLER - YEA WALKER - YEA 11 MOTION CARRIED. May 28, 2002 - Planning Board - Page 3 of 3 AGENDA ACTION - DISCUSSION - VOTE V. ADJOURNMENT - Chairman PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board with There being no further items on the agenda, Chairman Walker adjourned the meeting at 7:30 p.m. 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 Services tapes are for the sole purpose of backup for official records of the Department. • ATTEST: Carolyn Arnold, Secretary 0 Jerry Walker, Chairman 0 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 Staff Report Rezoning Request From Residential Single Family One (RSFI) to Commercial Professional Office (CPO) Petition No. 02-002-R Prepared for: The City of Okeechobee Staff Report Applicant: Glenn Sneider Rezoning Request Petition No. 02-002-R General Information Petition Number: 02-00 Owner: Derita Watford c/o Steve Watford Owner Address: 222 77th Terrace Okeechobee, FL 34974 Owner Phone Number: 863-763-2121 Applicant: Glenn Sneider Applicant Address: 107 NE 41h Street Okeechobee, FL 34972 Phone Number: 863-467-6570 Property Address: 200 SW 9th Street, Okeechobee, Florida Existing Proposed Property Control Number R3-21-37-35-0040-00030- 0040 Future Land Use Single Family Commercial Designation Zoning District Residential Single Family Commercial Professional One (RSF 1) Office (CPO) Acreage 0.49 Density 4 DU/AC 3.00 FAR Access SW 9' St. and 2n Ave. Location: 200 SW 9th Street, Okeechobee, Florida Legal Description: Lot 4,5 and 6, Block 3, South Okeechobee, According to the Plat thereof Recorded in Plat Book 1 Page 12, Public records of Okeechobee, Florida. Request: To rezone the subject property from Residential Single Family One (RSF 1) to Commercial Professional Office (CPO). North: Future Land Use Map Classification: Single Family Zoning District: RSF-1 Existing Land Use: Public Facility • Staff Report Rezoning Request East: Future Land Use Map Classification Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use: Applicant: Glenn Sneider Petition No. 02-002-R Commercial RSF-1 Commercial Single Family RSF-1 Single Family Single Family RSF-1 Single Family The property is simultaneously undergoing a small-scale Future Land Use Map Amendment from Single Family to Commercial. Under the proposed designation the Commercial Professional Office Zoning will be consistent. Property surrounding the subject parcel is currently used as single family residential. The application would allow for consistency with these uses because property located on Block 2, and fronting on Parrott Avenue has a Future Land Use of Commercial and the Freshman Campus is located less than one block to the north. Property located on the second block from Parrott Avenue has a residential use, but recent trends have brought low intense commercial into this area. Because there will be only a slight increase in trips, and the close proximity to an arterial roadway traffic, will not be negatively impacted. If the Rezoning and Plan Amendment requests are approved, a site plan will be required to show adequate parking and landscaping. At that time buffering between the professional office and existing residential structures will be required and any additional landscaping will be requested from the applicant. At site plan review time any signs proposed by the applicant will be reviewed for consistency with the Land Development Code. A. Consistency with the Land Use Categories and Plan Policies. The property has a simultaneous Future Land Use Application to amend the map from Single Family to Commercial. If this request is approved the rezoning will be consistent. B. Concurrency of Adequate Public Facilities The property is located within the City of Okeechobee's Urban Service Area and concurrency should not be an issue. 2 • Staff Report Applicant: Glenn Sneider Rezoning Request Petition No. 02-002-R C. Compatibility with Adjacent and Nearby Land Uses Surrounding land uses include single-family residences and School Board offices. These are consistent with a professional office especially if the residential architecture is retained. D. Compliance with Specific Standards of the Plan. The proposal is consistent with Comprehensive Plan standards. Specifically Future Land Use Policy 2.2, 2.3, and Traffic Circulation Policy 8.2. E. Compliance with Land Development Regulations. The use of an attorney's office is specifically allowed under the CPO Zoning District. Summary and Conclusions Prior to Certification The property is located in an area that would not be appropriate for a use more intense than Commercial Professional Office. The proposed legal office will not increase traffic demand beyond existing capacity. As well, formal concurrency will be performed at the time of site plan review. Landscape Regulations Landscape regulations will be addressed at the time of the Site Plan Review. Attachments Attachments to this Staff Report include the Zoning Map indicating the change from Residential Single Family One (RSF1) to Commercial Professional Office (CPO) Zoning District, and a locational map indicating the general location of the subject property. Submitted by: James G. LaRue, AICP May 20, 2002 3 Date -n.. Oz Petition No. O 2- 002 - CITY OF OKEECHOBEE General Services Department 55 SE Third Avenue Okeechobee, FL 34974 Phone: 941-763-3372 FAX: 941-763-1686 Jurisdiction: O °Zz ,I_Q r Notices Mailed: Fee Paid: CC1, to IstHearing MMIL2COZ PP 2nd Hearin : . i " 2CC'2 iD 5 Zc?(if Uniform Land Use Application (Please attach separate sheets for required additional information) See Resolution No. 98-10:1 "PROOF OF INTEREST INPROPERTY" for required additional information. F. Name of property owner(s): Watford z d Mailin address: 222 SW 77th Terrace Okeechobee, FL 34974 U A. Pro ertyaddress: 200 SW 9th Street d Name of applicant, if other than owner (state relationship): Glenn S n e i d e r — buyer 2507 •467,4 '68 — CLhA6t AI IAU A LhVAL ut3umir t ivil See Resolution No. 98-10:2 "PROPERTY SURVEY AND LOCATION MAP" for required additional information. Future Land Use Map designation: SiMle Family Current Zoning Classificatiori SF-1 Approximate acreage or square feet:.49 acre Part of platted subdivision? Yes Type and gross area of any existing non-residential uses on site: Ibt applicable Number and type (conventional, manufactured home, etc.), gross area of any existing dwelling(s) on site:lCBS Hodge Dimensions, gross areas, and percentages of total land use of any existing public areas, reservations, buffers, open spaces, water retention lakes and recreational uses on site: Ibt applicable F a O Is there a current or recent use of the property that is/was a violation of City Ordinance? ❑ Yes M No a p" If yes, please describe: Have there been any land use applications concerning all or part of this property in the last year? ❑ Yes )g No If yes, indicate date, nature, and applicant's name: Briefly describe use of adjoining property: North: Residential East: Residential South: Residential West: Residential Check type of application, complete appropriate sections, and sign reverse side of application. ee no in.A "Cr A 1T:71.4NT_r nT: TTIZP" f ron"i* P4 aririitinnnI infinrmatinn. Proposed oning Classification: Crgrercial Proffessicnal and Office (CEO) If ranted, will the proposed zoningclassification be contiguous with a like zone?lib but in c1�e roxum -to like .. w z When development is proposed, see Resolution 98-10:9 "ENVIRONMENTAL ANALYSIS" 10 "PUBLIC FACILITY w IMPACT ANALYSIS", and 11 "SIGN PLAN" (where a licable), for re uired additional information a (Over) For Special Exception and Variance Applications, see Resolution No. 98-10:7 and 8 "SITE PLAN" for required additional infnrmnrinn Describe the intended use requiring a Special Exception: Providespecific LDR ordinance section number and page number. I See Resolution 98-10:10 "PUBLIC FACILITY IMPACT ANALYSIS" for required additional information. Supplementary supporting information: z How the intended use meets the standards in the Unified Land Development Code §253-2: a cDemonstrate that the pro osed location and site is appropriate for the use: xDemonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood: Demonstrate any landscaping techniques to visually screen the use from adjacent uses. U c Demonstrate what is proposed to reduce the impact of any potential hazards, problems, public nuisance generated by the use: Demonstrate how utilities and other service requirements of the use can be met: Demonstrate how the im ace of traffic generated will be handled off -site and on -site: Other - Describe the Variance sought: Supplemental supporting information: w Demonstrate that the variance is needed to overcome a hardship caused by the unique U Qphysical conditions of the site: C Specify the minimum variance requirement including: height, lot area, size of structure, It > size of yard, setback, buffer or open space: nther- Details of administrative decision under appeal, including name of individual issuing decision, date of issuance, and written copy of decision: .: Reasons for requesting appeal of decision: w c. d Supplementary supporting information: CONFIRMATION OF INFORMATION ACCURACY I hereby certify that the information on this application is correct. The information included in this application is for use by the City of Okeechobee in proc rng my request. False or misleading information may be punishable by a fine of up to five hundred dollars ($500.00) and impr on ent of up to thirty (30) days and may result in the summary denial of this application. gs i �j I jffllmipm- N WAAa.=, I Q �'W - I---- -- <<3NMI Rev: 11/98 • 0 Derita Watford — Property Owner Glenn Sneider —Applicant Statement of Applicant's Interest in Property Derita Watford currently owns Lots 4, 5, and 6, Block 3, South Okeechobee, according to the plat thereof recorded in Plat Book 1, Page 12, Public Records, Okeechobee County, Florida. The subject property is located at 200 SW 91h Street and is approximately .49 acre in area. The improvements include a concrete block single family dwelling approximately 3, 390 square feet in size and an asphalt parking area. The applicant, Glenn Snider is interested in purchasing the property and relocating his law practice to the subject property. The sale will be contingent upon the approval of the requested change in zoning and comprehensive plan map amendment. Upon approval of the requested changes, the applicant intends to upgrade the electrical service, make any necessary changes to building to accommodate the proposed use and obtain an occupational license to begin operating his business. • 0 Derita Watford — Property Owner Glenn Sneider —Applicant Statement of Use The subject property is currently zoned Residential Single Family — 1 (RSF-1) and lies within the Single Family future land use classification of the adopted comprehensive plan. The applicant is requesting a change in zoning from the existing classification of Residential Single Family — 1 (RSF-1) to Commercial Professional and Office (CPO). In addition, the applicant is also applying for a comprehensive map amendment to change the future land use to commercial. The intent is to allow for use of the site as a law firm. The subject property is in close proximity to the Commercial future land use classification of the adopted comprehensive plan separated only by Southwest Second Avenue. The Commercial future land use along Highway 441 denotes existing development where commercial uses predominate and where commercial development is logical and appropriate. Due to the current level of commercial activity focused at the highway it can be anticipated that there should be commercial growth in the general vicinity. There are also other commercially zoned sites and uses along Southwest Second Avenue. Additionally, properties along Southwest Second Avenue are appropriate for the establishment of less intense commercial uses, and would be an appropriate transition between heavier commercial uses found to the east and nearby residential properties to the west. There are existing commercial uses and zoning in the local neighborhood including those nearby on the same side of the street and others that are contained within the Commercial future land use classification. Although, immediately surrounding properties are zoned residential, the proposed change in zoning would not be unrelated to properties generally in the area. The general area could serve as a transition from the heavier commercial uses on Highway 441 to nearby residential uses to the west. The proposed change would have minimal impact on the surrounding mix of existing land uses. In addition, the applicant will work to minimize any potential impacts to the community. Glenn Sneider respectfully requests that the Planning Board recommend that the City Council approve the request for a change in zoning from the existing classification of Residential Single Family — 1 (RSF-1) to Commercial Professional and Office (CPO) to allow use of the site as a professional law office. Prernrc.l 1IV and Rch;m In ¢` Jnhn 17 ^� P 0. Act nr,x (lkccfiuhee, Florid., s.t')73 f'.,n rl !U Kund,rr 3.2107•.3 5-ooj(-onj,l.t)f1.tq 3.2 1.3 7.35.0040-0030.00lm 45? ?ICE ;,yy589,' DocU _wUry Stamps paid In to amount to s . Iy Ctasa C Ittnobls Tsa pall in ft amount of S ShsW RoOerbon, Clara of Clttult rt Okew *sbaa Couirft Florida By: , .&D.C. Dam: 3 aD ,r WARRANTY DEED IIIISWARRANTY DEED made oiicggj'rtzv2W.1tietwccn,STF.VEWATFORMamarried min, w9losc rnaiFcg address is 222 S`.V 771h Terrace, Okccchohcc. Florida 34974, and DERITA WATFORD. a single woman, achose mailing address is 200 SW 9'" Slrecs, Okeechobee, Florida 34974, hcminaflerealled theC.RANTORS, In DFRITA WAT17O121% a singtc woman, for life with a remainder interest to STF,VFWATFORn ANn SIIARON NA1flicGRA.NZ'asIr.nant'TF:F;: sinrnmm,\ onhosemailingad,Im cailcdthe 11is200m SW9"Stt,0keeehOhm, Ficrrida34974,Itereins(ter (tti'hrrcacr%cdherein,thercrr,s'Grantors'anal'Grantees"include all thepaRletrtothisinstntment,andtha beige, Ict;,,l rel,resemati,"rs and assigns of indiOduals arxt the successors and assigns nreorporations). ��'11:NF.SSF.TI1: " That tnc G, RANTOR. for and in cmns,dcration of the sum ors10.00 and other valuable considerations, receipt .here^f is hrrchy ncF:noa "lcdgcd, hereby grn.nts, harsains, sells, nlicns, gamin". releases, conveys and eonRrms. unto the GRANTEE, nit that certain land situ~+c in OKFLC•I1011t. Cnunly, Florida, to -wit; PA It CI: I. 1 U,.)Te J, t, .%,NI) 6, BLOCK 3, SOUTH OKF PCII011F.E, ACCORnING TO TIM PLAT TIIFREOF 1N PLAT BOOK 1, llm-, : 12, 1'U111,IC RECORDS OF OKEF.C{lOnl:F. COUNTY, 1'I.Uit'11A. VA ItCI'l, ii 1.0TS 9, 10, AND 11, 13LOCK 3, SOUTH ()KFECII()nF.F.. ACCORDING TO TIIF, PLATTIIERF,OF ItF.COlmvi) IN PLAT BOOK 1, PACF: 12, PUMAC RECORDS OF OKEFCIIOnF.F. COUNTY, 1.11111111M. St: mn1 -(:'f TO restrlcilons, reservalinns anti eascmcnts Af record, imply, T!tis rn,crl) ,toes no, -nrrnnt thhe ::tic consr:,,:c 1 1•c h^rneslea.? nn the Grantor, Steve Watford and anid grantor does hereby fatty to sri,! .and, an J n•iil ,Jaen(: the same against the Inwful anima of nit person: whomsoever. ' Singular a-cl plural arc ir.rerchanseahic as context requires, 1,'wll.YF:.SSIti'iiFREOF',IhcSaid GRANTOR havicexecuted this Deedthe day and year first above written. Signc::. Scaiclt a u± Dclivercd in oar rnrscncc: Ir J' S:Lnn:uN 1C1S �,� bey+ r' S 'F:vF, WATFORD / (I'r:nt Panic) i i:�;^.,IrirC1 cC i rtD Oar— yniUaa (i (Print Nar,e) —� 1• y nt S "U yy li +e yt V.y.�e Jld J {'� Derita Watford — Property Owner Glenn Sneider - Applicant Owner's Statement of Consent to Application I, Steve Watford, am the Attorney -in -Fact for Derita Watford, the record title owner of the real property legally described as: Lots 4, 5 and 6, Block 3, South Okeechobee, according to the plat thereof recorded in Plat Book 1, Page 12, Public Records of Okeechobee County, Florida, do hereby consent to make application to the City of Okeechobee to request a change in zoning from the existing classification of Residential Single Family — 1 (RSF-1) to Commercial Professional Office (CPO). In addition, I also consent to make application for a comprehensive plan map amendment to change to future land use classification for the above described property. Steve Watford STATE OF FLORIDA COUNTY OF OKEECHOBEE f-:r 6� Date Sworn to and subscribed before me this 19l—� day of Z tJ� , 20CL Personally known to me X or produced as identification and who did or d take an oath. Notary Public `— S to of Florida 4/ 1 kUi �NNAARON M IONB DDQZ I ,!,toF ti�� EXPIRES: June 26.2M 1-80P3NOTARY FL Notary Serwce 6 BonMn kr� 0 • Derita Watford - Property Owner Glenn Sneider - Applicant Legal Description Pertaining to the Change in Zoning (Rezone) Lots 4, 5, and 6, Block 3, South Okeechobee, according to the plat thereof recorded in Plat Book 1, Page 12, Public Records of Okeechobee County, Florida. GARAGE RBF Res S89' 45' 14' E 142. 18' Res LEGEND 15' 142. 5'(PI 35' RBF - Rebar Found RBS - Rebar W/Cap Set IPF - Iron Pipe Found CMF - Concrete Monument Found SCALE 1— 30' n PRM - Permanent Reference Monument LOT 4 I (P) - As per the plat of (F) - Field Measurement Ln (0) - As per the deed (C1 - Calculation W -�+ NOTES: 1. Basis Dearing EAST PROPERTY LINE 2. Bearings ASSUMED LOT 5 I 3. Not valid without the signature and the original raised �— sea of d Florida licensed surveyor and mapper. w a I 4. Description furnish by owner. 08 5. Garage encroachs on property along North property line. CONCRETE BLOCK H4 HOUSE STREET ADDRESS: 200 NINTH STREET . I. 1z 2 W ^Q Q I z CERTIFIED TO: 7a. Ir 27 2 I w GLENN SNE I DER R � LOT a �I id II SURVEY OF: LOT 4.5 AND 6. BLOCK 3. SOUTH OKEECHOBEE. ACCORDING TO THE PLAT THEREOF 142. 5'(P) RECORDED IN PLAT BOOK 1. PAGE 12. PUBLIC RECORDS OF OKEECHOBEE COUNTY, SET NAIL 589'50'47'E 142.33' Res FLORIDA. \ a O N k NINTH STREET_ I o _SW CENTERLINE I O CERTIFICATE OF SURVEY 1 I HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOWN HEREON WAS PREPARED UNDER MY DIRECTION AND SUPERVISION. IPF NE CORNER OF BLOCK 5 L ELAND DYAL S, RLS 2084 SCALE:l,•30 LOCATIare LOT 1,5,96 BLK 3 SOUTH WE 21/37/ L EL ND D YA L S cnlnllrm eol)r4BAar suvrEr Farr rE: 1/1/02 R. L. S. 2084 � LU or GLENN Na: 5153 Na:Oft LIBNANY JN5153 SNE I DER 304 S. N. 3rd Ave. , Okeechobee, Fla. PHOW .... 763-4909 FAX..... 763-2500 7 NEY161aw GATE BY SEAL F.B /F0. : CITY 18/E 31 OF • • 3I2'it 5 5 a'3`2 11 6 5 a fl 6 5 4—T'I I6 _ s '� 1 1ii ;' % T I �� C, Ili 1�I I7 9 1t;;t112� i7 8i9 1 111 I 7 9 9�, 1i Iiiuil �.�llJ _ 3 1I �? a 5 'S % 9 r" ��2I E. a STREET t 'C' 1 IT l 2 1 6 5 4 3 1 6 d .; 2 1 6 5 4 i—� �_ (' S I F ` r �I I i1 % fe ! I4!;i ,t! �i5 i2 +i ti 4 3 1 E �iC11121 �? A 91G�1112 �' 8 9 +"i11 i—_ I 11 a j! 4 I �l P.�91C': is —I 5 iU1112� 7 9 iCi�Ii2j_ .� -� S.E13 R9 STGEEi rC - — _ 3i2 3 6 '. 4 3 2 ? I 6. 4 3I7 1 f 6 2 a 13 ? 1 � ;5 `;ia12 ?I1 �6 5 j_ _�111 ?J 1 y �3 2 f l a .�i 5 I j Z j I I I F�rt� �_ "I :� tr_'u i iCllil� ' 9 91C _' 7 8 9 f'C?ff� 11 5 I �' �i u+ fl� 7 8 + 10ifll_i 7 6 g1011t2� 1C 2 ,� 5 ii 8� I i 12 6 ! L g _ I S. W. 4 TN STREE"i 4 3 2�1 I 6 i h Ji_ 6 R 4 _2 i 6_ i,c,ll'ftiC4 �' 6 5 41? 2 1' I j: 18O' --1 4 c}— jID = 6 W r; J leltl" alr7 8 9 10111 7 t0 2F�1 5 i I 8 i t�'�1?1%i 7 C 9 iC''11 8 4 2I� �3�di+. 16{71 191C21=2232 2 r !I ' _ _ �,.,� C .� C ® _ S. T� SIFEEi t'i f = c n I ' i r� - •j Li f� `' I �—( `� y `� i .1 i..r71 :i .� 2 1 1 C G 5 _ 3�101f1 178 91 1 6I1Ul11� ` H ii1!il:ia 6 y' �2 I 7 3T1.011ta I"sit 15fiF7" !20%222325I 2 `'Yi J---y i c iti STREET f' I 20 ii l 6 5 4 29 7 _, 1I i I. 7 6 , I 'C'1111t'I 1� �i ' Jil 8 9 SGilA1�I I 4 3 2 1 ,�L:,: 2 11 `a 1C?13 i7 A G Ii!+it 6 5 4 3 2 tl 77 8 9 i0311; 1 I `� i' 3 3 2 1 6 5 I7 a, 3 2 1 2 __+—f I•w--�1 II 1; S. W. 4 Tr+ 7d I �i ? t �1 8 STREE 8 I 5 211I ` 4 � Cl fU 12 3 4 7 0 IC _ — S. u. 7 tC Tf? STREET 7 9 +0 4 a 10 12 f E .1 12 _ �I ' 11yL R [_7 0 a � 6 5 2 7 35 HA 1 J q 9 fi 1- t i � I Lill" 1 12 I6 2— � 8 � 3 9 3 4 = IO a 5 it I 5 3 I 4 tt�! 4 9 ? I it ii 5 6 ! 1, 12 11 6 3 J F, I£ 5 6 T I I l 'i�ct PropertY I � f_ 46a -- - I RSF R J4 43 l I l 1— ; 1 �Z� I121 ts��,l,�i+; f5d19�J 1 e3��4 • • Bobbie L Wilson 910 SW 3`d Avenue Okeechobee, Florida 34974 Planning Board City of Okeechobee 55 SE 3`d Avenue Okeechobee, Florida RE: Lots 4 through 6 Inclusive, Block 3, South Okeechobee Gentlemen: I would like to address my thoughts concerning the above rezoning. I am also writing for my mother, Wilma LaMartin, who is also an adjoining property owner and was notified by your office. We feel that this has always been an historic neighborhood of homes and to change to commercial would adversely affect the value of the neighborhood. This change would necessitate a parking lot and more traffic in the area. There are families that live near the property with small children. The neighborhood does not need more traffic due to commercial enterprise. Rezoning to Commercial Professional Office would also require a change in the future land use map and this would set a precedent in changing the use of a neighborhood that has been historically homes for decades. Such a zoning change in our area would be detrimental to nearby properties and to our quality of life. We believe the neighborhood would benefit by remaining zoned Residential Single Family. We are asking you to deny this request for rezoning. Sincerely, Bobbie L. Wilson Wilma LaMartin • C� J Bill L. Veach, Zoning Administrator City of Okeechobee 55 S. E. Third Avenue Okeechobee, FL. 34974-2932 301 S. W. 9th Street Okeechobee, FL. 34974 May 20, 2002 RE: Request for rezoning Derita Watford property 200 S. W. 9th Street Applicant, Glenn Sneider Dear Mr. Veach: We may not be able to attend the First Public Hearing on Tuesday, May 28, 2002. We would like to go on record as opposing change of zoning from Residential Single Family 1 (RSFI). Many families, including us, built homes in this area because of proximity to schools. It is a savings to tax payers when children live within walking distance of the schools and do riot need to be bussed. Rezoning would increase; traffic and regretfully this has already become a higher traffic area. The city saw fit to build a sidewalk on S. W. 9th Street recently for safety of pedestrian traffic and leading to the school. There are historical homes in the area which we believe will always be kept in ghat mode. We can understand the one block joining South Parrott Avenue being zoned commercial, but we need a barrier, which would be S. W. Second Avenue. Thank you for your consideration. Sincerely, Vergi L. Hayes ll A Bernice B. Haye 0 & DANIEL & CYNTHIA DAVIS 209 S.W. 9TH STREET OKEECHOBEE, FLORIDA 34974 .Y 1-863-467-8987 0C May 23, 2002 Mr. Bill L. Veach & City Councilmen 55 S.E. Third Avenue Okeechobee, Florida 34974-2932 RE: NOTICE OF PUBLIC HEARING FOR A REZONING of 200 S.W. Th Street Dear Sirs: We are writing this letter in response to the proposed land change of the existing zoning for 200 S.W. 9`h Street. We recently purchased our home (209 S.W. 9 h Street) on February 28, 2002- One of the reasons we decided to purchase our home is because we sought out a safe, clean residential area that would be near our jobs and near our children's school. We have two small children and were ecstatic to own our own home in a beautiful residential neighborhood. You can imagine that we were quite surprised and upset to see the proposed change on the land that sits just across from our own property. We would like to convey our objection to the proposed land change. Southwest Ninth Street is already highly traveled and we do not wish for a business to bring additional traffic. We are also concerned about the various other likely scenarios that could occur if the zoning is changed. A parking lot, additional businesses, the type(s) of businesses, etc... In addition, the value of our property is brought down! We object to any businesses encroaching on our front doorstep, or the second block of the city for that matter. Ours is clearly a residential area with numerous families and that environment should be protected. There is clearly an abundance of locations for businesses of this type elsewhere in the city of Okeechobee. Although, we did not receive notification of this change by mail, we wished to express our concern by letter as well as attendance at the upcoming Public Hearing. Sincerely, Daniel & Cynthia Davis City Residents L' EXHIBIT 5 — .TUNE 4 AGENDA ORDINANCE NO. 796 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER EIGHT, CODE OF ORDINANCES, AND PARTICULARLY SECTION 8-11 THEREOF; PROVIDING FOR GENERAL CLEANING AND BEAUTIFICATION; PROVIDING FOR DEFINITIONS; PROVIDING FOR GENERAL LAND MAINTENANCE; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida maintains a desire to require general standards of grounds maintenance within the city for public purposes that include the welfare and safety of its citizens, and overall aesthetics of the city; and WHEREAS, the city of Okeechobee, Florida contains several different land uses, densities, availability of infrastructure, and improvements that makes it difficult to apply a single standard for general use throughout the city; and WHEREAS, the city has deemed it to be in the best interests of the city that certain standards be set for application to such different land uses, which will benefit the city as a whole; THEREFORE, BE IT ORDAINED AND RESOLVED by the City Council for the City of Okeechobee, Florida, that chapter eight, section eleven, code of ordinances be amended in the following respects; SECTION I. THAT Section 8-11, Code of Ordinances, "General cleaning and beautification" is hereby rescinded, and in its place, amended to read as follows: SECTION. 8-11 GENERAL CLEANING AND BEAUTIFICATION I. DEFINITIONS: (a) "Improved Lands" are defined as land that may be platted or unplatted, and which has been improved by the erection or placement of structures thereon, or are capable of being serviced by connection or use of existing infrastructure to the extent such infrastructure is available to the land, by existing either on the land itself or at its immediate boundary, and that such lands are not being used primarily for agricultural activities. (b) "Partially Improved Lands" are defined as a parcel of land with common ownership, but on which only a portion is considered improved, by the erection or placement of structures thereon, with the remainder considered as raw land or unimproved land. (c) "Raw Lands" are defined as land on which no improvements have been constructed, placed or erected beyond those necessary for bonafide agricultural activities as its primary use. The placing of a fence on the property boundaries, shall not otherwise cause raw lands to be considered as improved lands. (d) "Platted Lands" are lands that have been divided into lots and blocks by virtue of plats recorded at the office of the clerk of court Okeechobee County, Florida, and which, by virtue of being so platted, are to be considered as improved lands. Page 1 of 4 (e) "Unmproved Lands" are lands that are unplatted , but that are not being used for agricultural activities, and that would not have immediate access to infrastructure so as to qualify as improved lands. (f) "Untended Vegetation" is defined as set out in section 8-1 hereof. 2. STANDARDS OF MAINTENANCE: (a) All owners, agents or tenants of owners of improved lands, platted lands, unplatted lands that would be considered improved lands, and that portion of partially improved lands that contain improvements, within the City of Okeechobee shall maintain and cut, and regularly maintain and cut all weeds, grasses or undergrowth on the entire property to a height not to exceed eight inches, measured from ground level. In addition, all weeds, grass, groundcover, , landscaping and shrubbery shall be trimmed and kept in a neat appearance at all times, if failure to do so would adversely affect the public safety or the aesthetic appearance of surrounding improved lands which are being regularly maintained by their owners, agents or tenants. (b) All owners, agents or tenants of owners of raw lands, unimproved, unplatted lands, and that portion of partially improved lands that are not considered improved, within the City of Okeechobee shall be be required to maintain the property to remove or mow the affected part of the untended vegetation to a height not to exceed twelve inches, measured from ground level, only if one or more of the following conditions are found to exist on the property : If the untended vegetation consists of nuisance trees or shrubbery as defined in the Land Development Regulations for the City; if the untended vegetation should block the view of motor vehicle or pedestrian traffic due to its proximity to improved, paved City roadways or regularly maintained alleys; if the untended vegetation, considering surrounding development and conditions, is deemed to constitute a fire or public safety hazard; if the untended vegetation is deemed to be diseased; if the untended vegetation is in danger of falling onto public rights of ways or adjacent improved lands in the course of nature, or in the event of severe weather, windstorm or other calamity;; if the untended vegetation must be removed or mowed to provide access for fire or public safety vehicles or equipment; if the untended vegetation, considering the maintenance and appearance of adjacent improved lands, is deemed to substantially and materially affect the aesthetics or land values of such adjacent properties; if it is deemed that the untended vegetation constitutes a significant and imminent risk to public health, safety or welfare. (c) Unless any of the circumstances set out in (b) above are found to exist on the land defined as raw land, unimproved land, and that portion of partially improved lands that do not contain improvements, the intent of the ordinance is to not require such landowners, agents or tenants to regularly mow or maintain such lands, or to remove any healthy, native plants, shrubbery or trees from the property, until such time as the property is developed or improved in some manner to cause it to be then considered improved land, platted land, or partially improved land. (d) It shall be unlawful for any person to cause, maintain, permit or allow to be caused, the accumulation of an litter, garbage, construction debris, abandoned property, stagnant water, untended vegetation of weeds on any construction or building site, during or after completion of said construction, where such materials would be viewable by the public from the nearest right of way. It shall be the duty of the person named on the building permit as owner, or their assigned agent, to make adequate provisions for the disposal of such items, and to have on site, adequate facilities for the disposal of such items and to make appropriate arrangements for the collection thereof. Page 2 of 4 (f). The owners of any improved land, or that portion of partially improved land that contains improvements, shall place and maintain proper ground cover on such lands, such as but not limited to grass or other traditional plants used for groundcover, with all driveways constructed of concrete, asphalt, decorative stones, brick o r pavers, shellrock or appropriate fill, so as to provide safe and attractive means if ingress and egress to such lands. (g) The owners of any lands within the city that are abutted by a city right of way used for motor vehicle traffic, shall, at the intersection of such rights of way, comply with applicable Land Development Regulations, section thereof, so as to keep and maintain all growth and shrubbery in a condition and height to assure public safety. (h) The owners of any lands within the city that abut a city right of way used for motor vehicle, or pedestrian traffic, or which abut any alley or unopened street, shall not permit any shrubbery, growth or tree on such lands to extend over the property line over city rights of way so as to interfere with such traffic or use, and shall maintain any such growth so that the lowest portion of the growth shall be at least ten feet from ground level. (i) The owners of any lands within the city, nor the agents, tenants or users thereof, shall not sweep into or deposit onto any sidewalk, gutter, ditch, street, alley or public property within the city, any litter, rubbish, refuse or other trash from such lands, excepting only such refuse or plant growth that is lawfully placed at a curb or boundary for regular pickup by the City's authorized solid waste collection service. 3. ENFORCEMENT. (a) The director of public works shall have the authority, and it shall be his or her duty, to order the trimming of shrubbery, growth or trees, or the collection or removal thereof, on all lands, public and private, within the city that are in violation of this section, when it is determined that such immediate order is necessary to protect public safety or to prevent the spread of disease or insect infestation, and the danger therefrom is imminent. If such imminent danger exists and any landowner, agent or tenant thereof refuses to comply after receiving actual or constructive notice to do so, the public works department is authorized to enter onto such private lands to perform such duties without claim or liability from the owner or occupant thereof. (b) If any violation of this section is determined to exist but would not be considered to create an imminent risk of harm, then any such violation shall be processed through the code board for the City of Okeechobee, Florida as authorized by Chapter 162, Florida Statutes. SECTION II. SEVERABILITY Should any provision or section of this ordinance or the regulation adopted by reference and attached to this ordinance, be held by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of this ordinance or the regulations as a whole, or any part thereof, other than the specific part so declared by the court to be invalid or unconstitutional. SECTION III. EFFECTIVE DATE This ordinance shall take effect upon second and final reading by the City Council on the 18' day of June, 2002. INTRODUCED for first reading and set for final public hearing on this 4' day of June, 2002. Page 3 of 4 0 9 ATTEST: Bonnie S. Thomas, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 18!day of June, 2002. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 4 of 4 1?4. 2212012 08:35 941762`36 SY"BLE'FUDwER _C,5!15 &I00? 14: 1? 05376 6 Ul i � EXHIBIT 6- .TUNE 4 AGENDA CITY OF Ox'? EC''"%BEE M) 7CV3372 ' ) 7f3-lf8i AGENDA ITEM REQUEn FORM City of Oi ewhobes City AdnrlaWrator's Odd* SS 5E 34 Avenue 0howbabse, Florida 34974 NAM: Iill,16lBOlr>f= _ jd ylx C1- FAX: MZZTMGi RECU'LAR X $KCL4 . 0 WORIWW O DATE. STATZ TMIL ITEM YOU WISH TO HAVE rLACEV ON THE CITY PUASL STATE WE3AT DEPARTMt1ff(3) YOU RAYS WORK ZD WITH THUS FAJU STATE DESMILD ACTION BY THE CITY COVNCTL-. PLEASE SUMMARIU PMTMNT U0CFORMATION CONCERMNG YOUR JutQUWr AND AIT4CH APKICARLE DOCUKZNM W Pl UL"4TATION Li TO 29 MADE, t'LL4J1 STATE HOW MUCH TIMS YOU ARE UQULTI'INCt SIGNED RV L DATL: