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2016-10-18
CITY OF OKEECHOBEE OCTOBER 16, 2016, REGULAR CITY COUNCIL MEETING 55 SE 3Ro AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION PAGE 1 OF 6 II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II CALL TO ORDER - Mayor October 18, 2016, City Council Regular Meeting, 6:00 P.M. II. OPENING CEREMONIES Invocation to be given by Reverend Jim Dawson, First United Methodist Church; 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 Mike O'Connor Council Member Gary Ritter Council Member Dowling R. Watford, Jr. City Attorney John R. Cook City Administrator Marcos Montes De Oca City Clerk Lane Gamiotea Deputy City Clerk Bobbie Jenkins Fire Chief Herb Smith Interim Police Chief Bob Peterson Public Works Director David Allen IV. AGENDA - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. PROCLAMATIONS AND PRESENTATIONS - Mayor A. Proclaim the month of October 2016 as "Breast Cancer Awareness Month." Mayor Kirk called the October 18, 2016, Regular City Council Meeting to order at 6:00 P.M. In the absence of Reverend Jim Dawson, the invocation was offered by Council Member Dowling Watford; the Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Absent (Director of Operations Robertson in attendance) Mayor Kirk asked whether there were any additions, deferrals, or withdrawals on today's agenda, Item A. Minutes were withdrawn from the agenda. New Business Item B, Exhibit 3 was added by Attorney Cook. Mrs. Sharon Wallace, Ms. Georgene Shreves, and City Dispatcher Ms. Tiffany Noel were in attendance to accept the Proclamation for Breast Cancer Awareness Month, which was read in its entirety by Mayor Kirk as follows: "Whereas, breast cancer claims the life of almost 40,000 U.S. women a year; and Whereas, October is National Breast Cancer Awareness Month; and Whereas, National Breast Cancer Awareness Month is a platform for educating women about the importance of early detection of breast cancer through mammography and other methods; and Whereas, detection of breast cancer at an early stage greatly improves the chances for successful treatment and survival; and Whereas, breast cancer death rates (continued) W 40 AGENDA V. PROCLAMATIONS AND PRESENTATIONS CONTINUED A. Proclaim the month of October 2016 as "Breast Cancer Awareness Month" continued. B. Proclaim the month of October 2016 as "Domestic Violence Awareness Month." VI. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the October 4, 2016 regular meeting. VII. WARRANT REGISTER - City Administrator A. Motion to approve the September 2016 Warrant Register: General Fund Public Facilities Improvement Fund .................................. Community Development Block Grant Fund (TMDL Grant) Capital Improvement Projects Fund .................................. $632,358.71 $ 36,789.33 $ 1,643.00 $ 4,456.08 OCTOBER 18, 2016 - REGULAR MEETING - PAGE 2 OF 6 COUNCIL ACTION - DISCUSSION - VOTE are declining probably due to improved detection and treatment; and Whereas, detection and treatment of breast cancer have improved thanks to research, such as that being done by the American Cancer Society. Now Therefore, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of October 2016 as `BREAST CANCER AWARENESS MONTH' and 1 commit this observance to the people of our community." Martha's House representatives, Executive Director Johnathan Bean, Board President Gail Molyneaux, Board Members Mrs. Cecilia Elliott and Ms. Marilyn Buxton were in attendance to receive the Proclamation for National Domestic Violence Awareness Month, which was read in its entirety by Mayor Kirk as follows: "Whereas, the crime of domestic violence violates an individual's privacy and dignity, security and humanity, due to systematic use of physical, emotional, sexual, psychological and economic control and/or abuse including abuse to children and the elderly; and Whereas, the problems of domestic violence are not confined to any group or groups of people, but cut across all economic, racial, and societal barriers, and are supported by societal indifferences; and Whereas, the impact of domestic violence is wide ranging, directly effecting individuals and society as a whole, here in this community, throughout the United States and the world; and Whereas, it is battered women themselves who have been in the forefront of efforts to bring peace and equality to the home. Now Therefore, in recognition of the important work done by domestic violence programs, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of October 2016 to be `NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH' and urge all citizens to actively participate in the scheduled activities and programs to work toward improving victim safety and holding perpetrators of domestic abuse accountable for their actions against individual victims and our society as a whole." Additionally, Mr. Bean invited everyone to attend the "Cut It Out" on October 21, 2016 from 7:00 to 9:00 P.M. at the Hampton Inn. This is a one -hour training program designed to alert salon professionals to the signs of domestic abuse and enable them to provide resources to their clients, peers and friends. He also invited everyone to participate in a BBQ Chicken Lunch fundraiser, $10 a plate on October 28, 2016, from 10:30 A.M. until sold out. Item was withdrawn from agenda as it was included in error. Council Member Watford moved to approve the September 2016 Warrant Register in the amounts: General Fund, six hundred thirty-two thousand, three hundred fifty-eight dollars and seventy-one cents ($632,358.71); Public Facilities Improvement Fund, thirty-six thousand, seven hundred eighty-nine dollars and thirty-three cents ($36,789.33); Community Development Block Grant Fund (TMDL Grant), one thousand, six hundred forty-three dollars and zero cents ($1,643.00); and Capital Improvement Projects Fund, four thousand, four hundred fifty-six dollars and eight cents ($4,456.08); seconded by Council Member O'Connor. There was no discussion on this item. OCTOBER 18, 2016 - REGULAR MEETING - PAGE 3 OF 6 II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II 51 VII. WARRANT REGISTER CONTINUED A. Motion to approve the September 2016 Warrant Register continued: VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor A.1.a) Motion to read proposed Ordinance No. 1145 by title only regarding Rezoning Petition No. 16-003-R, submitted by Mr. Carrol Word for 441 Palms, LLC, 4.17 acres, Holding and Heavy Commercial to Light Commercial - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1145 by title only 2.a) Motion to adopt Ordinance No. 1145. b) Public comments and discussion. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:15 P.M. Council Member Watford moved to read proposed Ordinance No. 1145 by title only, regarding Rezoning Petition No. 16-003-R, submitted by Mr. Carrol Word for 441 Palms, LLC, rezoning Lots 1 through 8 of Block 1, Lots 1 through 6 and 21 through 26 of Block 2 from Holding, and Lots 7 through 10 of Block 2 from Heavy Commercial (CHV), all to Light Commercial (CLT), CITY OF OKEECHOBEE, Plat Book 5, Page 5, Okeechobee County Public Records, (comprising of approximately 4.17 acres located at Northeast 13th Street and 3rd Avenue, to develop medical and/or dentist offices); seconded by Council Member O'Connor. _ VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1145 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING AND HEAVY COMMERCIAL TO LIGHT COMMERCIAL ZONING DISTRICT (PETITION NO. 16-003-R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Motion and second by Council Members Chandler and Ritter to adopt proposed Ordinance No. 1145. Mayor Kirk yielded the floor to Mr. Bill Brisson, Senior Planner for LaRue Planning and Management Services, Inc. Mr. Brisson explained the Planning Board reviewed Petition No. 16-003-R on September 15, 2016, and found it to be consistent with the Comprehensive Plan based on the findings within the Planning Staff Report and unanimously recommended approval. The City Council adopted a Future Land Use Map Amendment on Lots 1 through 8 of Block 1, Lots 1 through 5 and 21 through 26 of Block 2 (Application No. 16-003-SSA) to Commercial (C) on October 4, 2016. In order for the new owners to utilize this site, both the Future Land Use and Zoning are required to be consistent. The Planning Staff's findings were based on the following information: The proposed use will not have an adverse effect on the public interest. The subject property is suitably located for commercial use, particularly medical offices, and is consistent with land use patterns in the area. 42 AGENDA OCTOBER 18, 2016 - REGULAR MEETING - PAGE 4 OF 6 COUNCIL ACTION - DISCUSSION - VOTE VIII. PUBLIC HEARING CONTINUED A.2.b) Public comments and discussion on Ordinance No. 1145 continued c) Vote on motion. To the North, is the Okeechobee Health Care Facility with a C Future Land Use and CHV Zoning; to the East, is a 13.397 acre unplatted parcel with a residence, Single -Family (SF) Future Land Use and Residential Single Family -One (RSF-1) Zoning; to the South, are some vacant lots and a professional office with a SF Future Land Use, Holding and CHV Zoning; to the West, are vacant lots with a SF and C Future Land Use, and CHV Zoning. The proposed use should positively impact property values, living conditions, and be an improvement to the adjacent property as it will clean up previously dilapidated construction and develop previously undeveloped land. The proposed use can be suitably buffered from surrounding unlike uses by providing the required 20 foot setbacks from the residential area to the East and the road right-of-way to serve as a buffer for the undeveloped property to the South. Any special buffering or measures to protect existing or future residential uses can be addressed during the site plan review process. The proposed use will not create a density pattern that would overburden public facilities such as schools, as the use is not residential. It will not overburden utility services as it appears there is adequate capacity to address water and wastewater needs. The proposed development will be required to meet all standards required by the City and the South Florida Water Management District. Any flooding or drainage concerns or consideration will be addressed at site plan review. The proposed use has not been inordinately burdened by any unnecessary restrictions. The Traffic Impact Analysis (TIA) study was conducted on the premise of a medical/dental office which is listed as a permitted use in the CLT Zoning District. However, the study indicates that congestion will increase as a result of the proposed development and enhancing actions may be necessary. With the addition of the traffic generated by the proposed medical/dental complex, PM peak traffic will increase by 10.7 percent and southbound congestion during the PM peak may worsen at the intersection of North Parrott Avenue (US Highway 441) and North Park Street (State Road 70), with the delay increasing by almost 40 percent. The same issue was discussed at the Public Hearing for Ordinance No. 1144. It was confirmed then that the applicant is aware they will have to participate in the City's Proportionate Fair Share Transportation Impact Fee for roadway improvements. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Planner Brisson confirmed this will not take effect until Ordinance No. 1144 does. Clerk Gamiotea reported 15 notices were mailed to surrounding property owners with the signs posted on the property and notices in the local newspaper, No objections or comments have been received to date. Project Engineer Steve Dobbs was present on behalf of the applicant. VOTE: KIRK — YEA CHANDLER —.YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor 11 MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:18 P.M. AGENDA OCTOBER 18, 2016 - REGULAR MEETING - PAGE 5 OF 6 COUNCIL ACTION - DISCUSSION - VOTE 43 IX. NEW BUSINESS A. Consider a Temporary Street Closing Application submitted by Central Elementary School, closing Southwest 5th Avenue between Southwest 6th and 8th Streets on October 28, 2016 from 4:00 P.M. to 9:00 P.M. for its Annual Fall Carnival - City Administrator (Exhibit 2). ITEM ADDED TO AGENDA: B.1.a) Motion to read by title only, and set November 1, 2016, as a final Public Hearing date for proposed Ordinance No. 1146, adopting a moratorium on issuing business licenses, planning applications, petitions, and/or developments for Medical Marijuana distribution facilities - City Attorney (Exhibit 3). b) Vote on motion to read by title only and set public hearing date. c) City Attorney to read proposed Ordinance No. 1146 by title only Council Member Watford moved to approve a Temporary Street Closing Application submitted by Central Elementary School, closing Southwest 5th Avenue between Southwest 6th and 8th Streets on October 28, 2016, from 4:00 to 9:00 P.M. for its annual fall carnival; seconded by Council Member O'Connor. There was a brief discussion on this item. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Council Member Watford moved read by title only, and set November 1, 2016, as a final Public Hearing date for proposed Ordinance No. 1146, adopting a moratorium on issuing business licenses, planning applications, petitions, and/or developments for Medical Marijuana distribution facilities; seconded by Council Member O'Connor. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. City Attorney Cook read proposed Ordinance No. 1146 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, ADDRESSING THE UPCOMING VOTE CONCERNING NO. 2 CONSTITUTIONAL AMENDMENT, ARTICLE X, SECTION 29, `VSE OF MARIJUANA FOR DEBILITATING MEDICAL CONDITIONS" ON THE BALLOT FOR THE GENERAL ELECTIONS SCHEDULED FOR NOVEMBER 8, 2016; IT APPEARING THAT SHOULD THE MEASURE BE APPROVED BY THE ELECTORATE, THE FLORIDA LEGISLATURE MAY THEN ENACT REGULATIONS OR RESTRICTIONS ON THE SALE AND DISTRIBUTION OF MEDICAL MARIJUANA; THAT PENDING SUCH VOTE AND ACTION OF THE LEGISLATURE OR STATE ADMINISTRATIVE AGENCY, IT REMAINS UNCLEAR WHAT RESTRICTIONS OR REGULATIONS WHETHER ANY, THAT LOCAL MUNICIPAL GOVERNMENTS COULD ENACT REGARDING THIS ISSUE; THAT UNTIL IT IS DETERMINED WHEN AND WHETHER LOCAL MUNICIPAL GOVERNMENTS CAN PROCEED WITH REGULATIONS, THAT A MORATORIUM BE IMPOSED WITHIN THE CITY OF OKEECHOBEE, SAID MORATORIUM SUSPENDING THE ACCEPTANCE AND APPROVAL OF ANY APPLICATION FOR BUSINESS TAX RECEIPT, OCCUPATIONAL LICENSE, BUILDING PERMIT, ZONING OR LAND USE CHANGE, OR ANY OTHER DEVELOPMENT PERMIT DIRECTED TO THE OPERATION OF A BUSINESS THAT SELLS, DISTRIBUTES, PROVIDES, OR IN ANY MANNER DEALS WITH THE DISTRIBUTION OF MEDICAL MARIJUANA TO THE PUBLIC; PROVIDING FOR SUNSET PROVISION; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." I I OCTOBER 18, 2016 - REGULAR MEETING - PAGE 6 OF 6 II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II IX. NEW BUSINESS CONTINUED B.2.a) Motion to approve the first reading of proposed Ordinance No. 1146 b) Public comments and discussion. c) Vote on motion. X. ADJOURNMENT - Mayor Please take notice and be advised that when 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 evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. ,T r ATTEST:` James E. Kirk, Mayor Lane Gamiotea, Q �,, City 6-4` i Council Members Chandler and O'Connor moved to approve the first reading of proposed Ordinance No. 1146. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Administrator MontesDeOca elaborated the 180 days is to give staff time to propose amendments and address the LDR's. Attorney Cook added the City may not need to do anything depending on what the State adopts as regulations should the measure pass; it was defeated in 2014. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. There being no further discussion, nor items on the agenda, Mayor Kirk adjourned the meeting at 6:22 P.M. The next regular scheduled meeting is November 1, 2016. n `\ �, D �,' / r'^ Okeec New��`�r�I�,f-f 107 SW 17 reed�,,, �uite D ` NDEPEN ENT Okeechobee �` oridi 4474 16 863-�E'�-3134 NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a�� cs liti-C� in the matter of 64/L =-i. in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of / 0 / ( -)- f '_)-o / 6 AfFiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. -- --- Katrina Elsken Sworn to and su scribed bef e me this day of �U AD Notary Public, State of Florida at Large BRIDGESMMISSION # FF 976149PIRES: ==��."V2z'...ANGIEANGIE April20,2020uu Notary PuD1Ic UndernTi!°fs q .u� PUBLIC NOTICE CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN that the City Council for the City of Okeecho- bee will conduct a regular meeting on TUes Oct. 18, 2016 6 PM, or as soon the as possible, at Gty Hall, 55 �E 3rd Ave, Rm 300, Okeecho- bee, FL The public is invited and encouraged to attend. The agenda may be obtained from cityofokeechobee.com or by calling the Office of the City Administrator, 863-763-3372 z212. ANY PERSON DECIDING TO APPEAL any decision made by the City Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record Indudes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined'by the ADA, that needs special accommodation to par- ticipate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to any item on the agenda, a copy of the document, picture, video, or item MUST be provided to the Gty Clerk for the City's records. By: Mayor James E. Kirk rn CITY OF OKEECHOBEE 55 SE 3RD AVENUE ♦ COUNCIL CHAMBERS ♦ OKEECHOBEE, FL 34974 OCTOBER 18 2016 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 3 j I. UALL I U URDER — Mayor: October 18, 2016, City Council Regular Meeting II. OPENING CEREMONIES: Invocation given by Rev. Jim Dawson, First United Methodist Church; Pledge of Allegiance led by Mayor III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk Council Member Noel Chandler Council Member Mike O'Connor Council Member Gary Ritter Council Member Dowling R. Watford, Jr. Administrator Marcos Montes De Oca Attorney John R. Cook Clerk Lane Gamiotea Deputy Clerk Bobbie Jenkins Fire Chief Herb Smith Interim Police Chief Bob Peterson Public Works Director David Allen IV. AGENDA — Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. PROCLAMATIONS AND PRESENTATIONS — Mayor A. Proclaim the month of October 2016 as "Breast Cancer Awareness Month." B. Proclaim the month of October 2016 as "Domestic Violence Awareness Month." VI. MINUTES — City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the October 4, 2016 regular meeting, VII. WARRANT REGISTER — City Administrator A. Motion to approve the September 2016 Warrant Register, General Fund $632,358.71 Public Facilities Improvement Fund $ 36,789.33 Community Development Block Grant Fund (TMDL Grant) $ 1,643.00 Capital Improvement Projects Fund $ 4,456.08 VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION — Mayor A.1.) Motion to read proposed Ordinance No. 1145 by title only regarding Rezoning Petition No. 16-003-R, submitted by Mr, Carrol Word for 441 Palms, LLC, -3.3 acres, Holding and Heavy Commercial to Light Commercial — City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1145. 2.a) Motion to adopt Ordinance No. 1145. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor October 18, 2016 PAGE 2 of 3 't j /11�; i, �Jrt (: t t t (E'c`� October 18, 2016 PAGE 3 OF 3 IX. NEW BUSINESS A. Consider a Temporary Street Closing Application submitted by Central Elementary School, closing SW 5th Avenue between SW 6th Street and SW 8th Street on October 28, 2016 from 4:00 p.m. to 9:00 p.m. for its Annual Fall Carnival — City Administrator (Exhibit 2), X. ADJOURN MEETING - Mayor PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the 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 recordings are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be provided to the City Clerk for the City's records. City of Okeechobee, October 18, 2016 meeting Minutes taken during the meeting by L. Gamiotea I. CALL TO ORDER: Mayor Kirk called the Regular City Council Meeting to order on October 18, 2016, at 6:00 P.M. in the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974. II. OPENING CEREMONIES: The invocation was given by Reverend--J+ C L 1 `-- G4 +��-9a�arsan�.F�cst:�tett_.�Aethedis#--rch; the Pledge of Allegiance led by Mayor Kirk. MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk Present Council Member Noel Chandler Present Council Member Mike O'Connor Present Council Member Gary Ritter Present Council Member Dowling R. Watford, Jr. Present City Attorney John R. Cook Present City Administrator Marcos MontesDeOca Present City Clerk Lane Gamiotea Present Deputy City Clerk Bobbie Jenkins Present Interim Police Chief Bob Peterson Present Fire Chief Herb Smith Present Public Works Director David Allen Absent (Operations Supervisor Robertson in attendance) IV. AGENDA — Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. Item VI. Minutes was withdrawn from the agenda. New Business Item B, Exhibit 3 was added by Attorney Cook. V. PRESENTATIONS AND PROCLAMATIONS — Mayor A. Proclaim the month of October 2016 as "Breast Cancer Awareness Month". Mrs. Sharon Wallace, Georgia Shreeves, and Ms. Tiffany Noel, City Dispatcher were in attendance to accept the Proclamation for Breast Cancer Awareness Month, which was read in its entirety by Mayor Kirk as follows: "Whereas, breast cancer claims the life of almost 40,000 U.S. women a year; and Whereas, October is National Breast Cancer Awareness Month; and Whereas, National Breast Cancer Awareness Month is a platform for educating women about the importance of early detection of breast cancer through mammography and other methods; and Whereas, detection of breast cancer at an early stage greatly improves the chances for successful treatment and survival; and Whereas, breast cancer death rates are declining probably due to improved detection and treatment; and Whereas, detection and treatment of breast cancer have improved thanks to research, such as that being done by the American Cancer Society. Now Therefore,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of October 2016 as `BREAST CANCER AWARENESS MONTH' and 1 commit this observance to the people of our community." Paid for nine mammograms of people within the community. We have to be aware of monthly breast checks, tell your wives, daughters and others. Ritter — you have been a wonderful champion for this cause, you're to be applauded for her work. Early detection is the key. B. Proclaim the month of October 2016 as "Domestic Violence Awareness Month." Martha's House representatives, Executive Director Johnathan Bean, Board President Gail Molyneaux, Board Members Mrs. Cecilia Hickman and Ms. Marilyn Buxton were in attendance to receive the Proclamation for National Domestic Violence Awareness Month, which was read in its entirety by Mayor Kirk as follows: "Whereas, the crime of domestic violence violates an individual's privacy and dignity, security and humanity, due to systematic use of physical, emotional, sexual, psychological and economic control and/or abuse including abuse to children and the elderly; and Whereas, the problems of domestic violence are not confined to any group or Page 1 of 5 groups of people, but cut across all economic, racial, and societal barriers, and are supported by societal indifferences; and Whereas, the impact of domestic violence is wide ranging, directly effecting individuals and society as a whole, here in this community, throughout the United States and the world; and Whereas, it is battered women themselves who have been in the forefront of efforts to bring peace and equality to the home. Now Therefore, in recognition of the important work done by domestic violence programs, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of October 2016 to be `NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH' and urge all citizens to actively participate in the scheduled activities and programs to work toward improving victim safety and holding perpetrators of domestic abuse accountable for their actions against individual victims and our society as a whole." Additional Mr. Bean invited everyone to attend Friday night special program Cut Out Domestic Violence for hair dressers. Oct 28 BBQ lunch fund raiser, buy chicken dinner for $10. VI. MINUTES — City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the October 4, 2016, regular meeting. Item was withdrawn from agenda as it was included in error. VII. WARRANT REGISTER - City Administrator A. Council Member Watford moved to approve the September 2016 Warrant Register in the amounts: General Fund, six hundred thirty-two thousand, three hundred fifty-eight dollars and seventy-one cents ($632,358.71); Public Facilities Improvement Fund, thirty-six thousand, seven hundred eighty-nine dollars and thirty-three cents ($36,789.33); Community Development Block Grant Fund (TMDL Grant), one thousand, six hundred forty-three dollars and zero cents ($1,643.00); and Capital Improvement Projects Fund, four thousand, four hundred fifty-six dollars and eight cents ($4,456.08); seconded by Council Member O'Connor. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. VIII.MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:15P.M. A.1.a) Council Member Watford moved to read proposed Ordinance No. 1145 by title only, regarding Rezoning Petition No. 16-003-R, submitted by Mr. Carrol Word for 441 Palms, LLC, 3.3 acres, Holding and Heavy Commercial to Light Commercial — City Planning Consultant (Exhibit 1); seconded by Council Member O'Connor. b) Vote on motion to read by title only. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. c) Attorney Cook read proposed Ordinance No. 1145 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING AND HEAVY COMMERCIAL TO LIGHT COMMERCIAL ZONING DISTRICT (PETITION NO. 16-003-R); AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion and second by Council Members Chandler and Ritter to adopt proposed Ordinance No. 1145. Page 2 of 5 b) Public comments and discussion. Planning Staff's findings are as follows: The proposed rezoning would be consistent with the Comprehensive Plan, should Application No. 16-003-SSA be approved. The proposed use will not have an adverse effect on the public interest. The subject property is suitably located for commercial use, particularly medical offices, and is consistent with land use patterns in the area. To the North, is the Okeechobee Health Care Facility with a C Future Land Use and CHV Zoning; to the East, is a 13.397 acre unplatted parcel with a residence, SF Future Land Use and RSF-1 Zoning; to the South, are some vacant lots and a professional office with a SF Future Land Use, H and CHV Zoning; to the West, are vacant lots with a SF and C Future Land Use, and CHV Zoning. The proposed use should positively impact property values, living conditions, and be an improvement to the adjacent property as it will clean up previously dilapidated construction and develop previously undeveloped land. The proposed use can be suitably buffered from surrounding unlike uses by providing the required 20 foot setbacks from the residential area to the East and the road right-of-way to serve as a buffer for the undeveloped property to the South. Any special buffering or measures to protect existing or future residential uses can be addressed during the site plan review process. The proposed use will not create a density pattern that would overburden public facilities such as schools, as the use is not residential. It will not overburden utility services as it appears there is adequate capacity to address water and wastewater needs. The proposed development will be required to meet all standards required by the City and the SFWMD. Any flooding or drainage concerns or consideration will be addressed at site plan review. The proposed use has not been inordinately burdened by any unnecessary restrictions. The TIA study was conducted on the premise of a medical/dental office which is listed as a permitted use in the CLT Zoning District. However, the study indicates that congestion will increase as a result of the proposed development and enhancing actions may be necessary. With the addition of the traffic generated by the proposed medical/dental complex, PM peak traffic will increase by 10.7 percent and southbound congestion during the PM peak will worsen at the intersection of North Parrott Avenue (US Highway 441) and North Park Street (State Road 70), with the delay increasing by almost 40 percent. Further information is needed to determine the extent of use of the bike lane in the vicinity of Northwest 16th Street. The increased volume of U- turns during the PM peak hour, added to the left-hand turns from the main Raulerson Hospital entrance (across from 16th Street), could increase the likelihood of potential conflicts between bike riders and larger sized vehicles encroaching into to the bike lane. The foregoing concerns lead us to question whether or not the proposed project is consistent with Policy 8.2 of the Traffic Circulation Element of the Comprehensive Plan. This Policy requires the City to withhold permitting of new development at locations where the existing traffic circulation network is insufficient to accommodate the impacts of the development. Mayor Kirk asked whether there were any questions or comments from the public. There were none. CLERK - 15 letters mailed to surrounding property owners. Signs posted on the property. Planning Board and City Council hearings advertised, NO responses received to date. c) Vote on motion. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 618 P.M. IX. NEW BUSINESS A. Council Member Watford moved to approve a Temporary Street Closing Application submitted by Central Elementary School, closing Southwest 5th Avenue between Southwest 6th and 8th Streets on October 28, 2016, from 4:00 to 9:00 PM for its annual fall carnival — City Administrator (Exhibit 2); seconded by Council Member O'Connor. Page 3 of 5 Watford — done every year, no issues that we know of. Bob — none from police dept. KIRK — YEA RITTER — YEA VOTE: CHANDLER — YEA O'CONNOR — YEA WATFORD — YEA MOTION CARRIED. B.1.a) Council Member Watford moved read by title only, and set November 1, 2016, as a final Public Hearing date for proposed Ordinance No. 1146, adopting a moratorium on issuing business licenses, planning applications, petitions, and/or developments for Medical Marijuana distribution facilities — City Attorney (Exhibit 3); seconded by Council Member O'Connor b) Vote on motion to read by title only and set public hearing date. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. c) City Attorney Cook read proposed Ordinance No. 1146 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, ADDRESSING THE UPCOMING VOTE CONCERNING NO. 2 CONSTITUTIONAL AMENDMENT, ARTICLE X, SECTION 29, `VSE OF MARIJUANA FOR DEBILITATING MEDICAL CONDITIONS" ON THE BALLOT FOR THE GENERAL ELECTIONS SCHEDULED FOR NOVEMBER 8, 2016; IT APPEARING THAT SHOULD THE MEASURE BE APPROVED BY THE ELECTORATE, THE FLORIDA LEGISLATURE MAY THEN ENACT REGULATIONS OR RESTRICTIONS ON THE SALE AND DISTRIBUTION OF MEDICAL MARIJUANA; THAT PENDING SUCH VOTE AND ACTION OF THE LEGISLATURE OR STATE ADMINISTRATIVE AGENCY, IT REMAINS UNCLEAR WHAT RESTRICTIONS OR REGULATIONS WHETHER ANY, THAT LOCAL MUNICIPAL GOVERNMENTS COULD ENACT REGARDING THIS ISSUE; THAT UNTIL IT IS DETERMINED WHEN AND WHETHER LOCAL MUNICIPAL GOVERNMENTS CAN PROCEED WITH REGULATIONS, THAT A MORATORIUM BE IMPOSED WITHIN THE CITY OF OKEECHOBEE, SAID MORATORIUM SUSPENDING THE ACCEPTANCE AND APPROVAL OF ANY APPLICATION FOR BUSINESS TAX RECEIPT, OCCUPATIONAL LICENSE, BUILDING PERMIT, ZONING OR LAND USE CHANGE, OR ANY OTHER DEVELOPMENT PERMIT DIRECTED TO THE OPERATION OF A BUSINESS THAT SELLS, DISTRIBUTES, PROVIDES, OR IN ANY MANNER DEALS WITH THE DISTRIBUTION OF MEDICAL MARIJUANA TO THE PUBLIC; PROVIDING FOR SUNSET PROVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 2.a)Council Members Chandler and O'Connor moved to approve the first reading of proposed adopt Ordinance No. 1146. b) Public comments and discussion. Mayor Kirk asked whether there were any questions or comments from the public. There were none. MDO — for only 180 days to give staff time to propose amendments and address the LDR's. Cook c) Vote on motion. KIRK — YEA RITTER — YEA VOTE: CHANDLER — YEA WATFORD — YEA O'CONNOR — YEA MOTION CARRIED. Page 4 of 5 Xi. ADJOURNMENT — Mayor. There being no further items or discussion, Mayor Kirk adjourned the meeting at 6:22 P.M. The next scheduled meeting is November 1, 2016. Page 5 of 5 City of Okeechobee, October 18, 2016 meeting Minutes taken during the meeting by B. Jenkins CALL TO ORDER: Mayor Kirk called the Regular City Council Meeting to order on October 18, 2016, at 6:00 P.M. in the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974. II. OPENING CEREMONIES: The invocation was given by son, First United Methodist Church; the Pledge of Allegiance led by Mayor Kirk. Dw III. MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk Present Council Member Noel Chandler Present Council Member Mike O'Connor Present Council Member Gary Ritter Present Council Member Dowling R. Watford, Jr. Present City Attorney John R. Cook Present City Administrator Marcos MontesDeOca Present City Clerk Lane Gamiotea Present Deputy City Clerk Bobbie Jenkins Present Interim Police Chief Bob Peterson Present Fire Chief Herb Smith Present Public Works Director David Allen--Rre�t 4bs2 J (l n A-&tLdC na- c)—tgety j stiy- 6W 14 0krip) IV. AGENDA— Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. Odd kPI �L � V. PRESENTATIONS AND PROCLAMATIONS - Mayor �mc� u� i4-�.rn lv � A. Proclaim the month of October 2016 as "Breast Cancer Awareness Month". Mayor Kirk read the following proclamation for the record: "Whereas, breast cancer claims the life of almost 40,000 U.S. women a year, and Whereas, October is National Breast Cancer Awareness Month; and Whereas, National Breast Cancer Awareness Month is a platform for educating women about the importance of early detection of breast cancer through mammography and other methods; and Whereas, detection of breast cancer at an early stage greatly improves the chances for successful treatment and survival, and Whereas, breast cancer death rates are declining probably due to improved detection and treatment, and Whereas, detection and treatment of breast cancer have improved thanks to research, such as that being done by the American Cancer Society. Now Therefore, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of October 2016 as `Breast Cancer Awareness Month' and 1 commit this observance to the people of our community." Ms. Sharon Wallace and Ms. Tiffany Noel were on hand to accept the proclamation. QeU e ShrWS 9 mainmojrainS �jd h y Qk¢Q�Gic � Wary - h i r8�- f%u� 'earhQt�Va�o%ir(read#1N he r fGOB. Proclaim the month of October 2016 as "Domestic Violence Aware ess Monthe owing proclamation for the record: "Whereas, the crime of domestic violence violates an individual's privacy and dignity, security and humanity, due to systematic use of physical, emotional, sexual, psychological and economic control and/or abuse 1017,1 including abuse to children and the elderly, and Whereas, the problems of domestic violence are not confined to any group or groups of people, but cut across all economic, racial, and societal barriers, and are supported by societal CU f-()eV,01adndifferences; and Whereas, the impact of domestic violence is wide ranging, directly effecting individuals and dovylahu society as a whole, here in this community, throughout the United States and the world, and Whereas, it is battered amP V women themselves who have been in the forefront of efforts to bring peace and equality to the home. Now Therefore, iU Lg in recognition of the important work done by domestic violence programs, 1, James E. Kirk, by virtue of the authority rcuS&vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of October 2016 to be `National Domestic Violence Awareness Month' and urge all citizens to actively participate in the scheduled activities and programs to work toward improving victim safety and holding perpetrators of dom i��� se< c table for their actions against individual victims and our society as a whole." Mr. Johnathan Bean, ,s�"Gaifl\71oea and Ms. were on hand to accept the proclamation.��lCt elm -.-CW � over� ©men' chtid(W in OUf U cn VI. MINUTES — City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the October 4, 2016, regular meeting. a) 14, Page 1 of 5 VOTE: KIRK - YEA CHANDLER - YEA O'CONNOR - YEA RITTER - YEA WATFORD - YEA MOTION CARRIED. VII. WARRANT REGISTER - Qtv Administrator A. Council Member )tk) moved to approve the September 2016 Warrant Register in the amounts: General Fund, six hundred thirty-two thousand, three hundred fifty-eight dollars and seventy-one cents ($632,358.71); Public Facilities Improvement Fund, thirty-six thousand, seven hundred eighty-nine dollars and thirty-three cents ($36,789.33); Community Development Block Grant Fund (TMDL Grant), one thousand, six hundred forty-three dollars and zero cents ($1,643.00); and Capital Improvement Projects Fund, four thousand, four hundred fifty-six dollars and eight cents ($4,456.08); seconded by Council Member Mc . VOTE: KIRK - YEA CHANDLER - YEA O'CONNOR - YEA., RITTER - YEA WATFORD - YEA - MOTION CARRRLEII.•«� Page 2 of 5 Vill. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT P.M. A.1.a) Council Member DW moved to read proposed Ordinance No. 1145 by title only, regarding Rezoning Petition No. 16-003- R, submitted by Mr. Carrol Word for 441 Palms, LLC, 3.3 acres,o ing and Heavy Commercial to Light Commercial — City Planning Consultant (Exhibit 1); seconded by Council Member b) Vote on motion to read by title only. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR - YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. c) Attorney Cook read proposed Ordinance No. 1146by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING AND HEAVY COMMERCIAL TO LIGHT COMMERCIAL ZONING DISTRICT (PETITION NO. 16-003-R); AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion and second by Council Members N � and to adopt proposed Ordinance No. 1145. b) Public comments and discussion. jai I I �' ► 556� quid 1� bP off'y �en.t Out �► �� IOf1. Dobbs, pYQs2r'tf- ,UW- 6201-0q k6I I'LWI-sr c) Vote on motion. S�1 64,�kices /A_f2er tu//M VOTE: KIRK — YEA CHANDLER —YEA RITTER — YEA WATFORD — YEA r MAYOR KIRK CLOSED THE PUBLIC HEARING AT P.M. NOR — "MOT40AICARRIED. � Page 3 of 5 IX. NEW BUSINESS , p A. Motion and second by Council and 1 4 to consider a temporary street closing application submitted by Central Elementary School, closing SW 5th Avenue between SW 6th Street and SW 8th Street on October 28, 2016, from 4:00 to 9:00 PM for its annual fall carnival — City Administrator (Exhibit 2). KIRK - YEA RITTER - YEA Dw, - O,uer� Of u40 VOTE: CHANDLER -YEA WATFORD - YEA {ss w O'CONNOR - YEA ,-MOTION CARRIED. Page 4 of 5 B.1.a) Motion and second by Council Members i and _ to read proposed Ordinance No. 1146 by title only, adopting a Moratorium for Constitutional Amendment No. 2, and set the Final Public Hearing Date for November 1, 2016. — City Attorney (Exhibit 3). b) Vote on motion to read by title only. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA \ MOTION CARRIED. c) City Attorney Cook read proposed Ordinance No. 1146 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, ADDRESSING THE UPCOMING VOTE CONCERNING NO. 2 CONSTITUTIONAL AMENDMENT, ARTICLE X, SECTION 29, `USE OF MARIJUANA FOR DEBILITATING MEDICAL CONDITIONS" ON THE BALLOT FOR THE GENERAL ELECTIONS SCHEDULED FOR NOVEMBER 8, 2016; IT APPEARING THAT SHOULD THE MEASURE BE APPROVED BY THE ELECTORATE, THE FLORIDA LEGISLATURE MAY THEN ENACT REGULATIONS OR RESTRICTIONS ON THE SALE AND DISTRIBUTION OF MEDICAL MARIJUANA; THAT PENDING SUCH VOTE AND ACTION OF THE LEGISLATURE OR STATE ADMINISTRATIVE AGENCY, IT REMAINS UNCLEAR WHAT RESTRICTIONS OR REGULATIONS WHETHER ANY, THAT LOCAL MUNICIPAL GOVERNMENTS COULD ENACT REGARDING THIS ISSUE; THAT UNTIL IT IS DETERMINED WHEN AND WHETHER LOCAL MUNICIPAL GOVERNMENTS CAN PROCEED WITH REGULATIONS, THAT A MORATORIUM BE IMPOSED WITHIN THE CITY OF OKEECHOBEE, SAID MORATORIUM SUSPENDING THE ACCEPTANCE AND APPROVAL OF ANY APPLICATION FOR BUSINESS TAX RECEIPT, OCCUPATIONAL LICENSE, BUILDING PERMIT, ZONING OR LAND USE CHANGE, OR ANY OTHER DEVELOPMENT PERMIT DIRECTED TO THE OPERATION OF A BUSINESS THAT SELLS, DISTRIBUTES, PROVIDES, OR IN ANY MANNER DEALS WITH THE DISTRIBUTION OF MEDICAL MARIJUANA TO THE PUBLIC; PROVIDING FOR SUNSET PROVISION, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion and second by Council Members N i and to adept Ordinance No 1146 - CAL; � j u't : j,i L•'1 i : .i � lie � ., i.} r i,' b) Public comments and discussion. MPLO- I$C1 days �I J,f S[04 firVie fb Cb01e- Up ���a sfirtA) 6l A nw �) r"ar. c) Vote on motion. VOTE: KIRK — YEA CHANDLER — YEA O'C NNOR--YEA_ RITTER — YEA WATFORD — YEA (MOTION CARRIED. ..� XI. ADJOURN meeting @ .PM Page 5 of 5 Orr eecYl ogee Ffo-�iba r� WHEREAS, breast cancer claims the life of almost 40,000 U.S. women a year; and WHEREAS, October is National Breast Cancer Awareness Month, and WHEREAS, National Breast Cancer Awareness Month is a platform for educating women about the importance of early detection of breast cancer through mammography and other methods, and WHEREAS, detection of breast cancer at an early stage greatly improves the chances for successful treatment and survival, and WHEREAS, breast cancer death rates are declining probably due to improved detection and treatment; and WHEREAS, detection and treatment of breast cancer have improved thanks to research, such as that being done by the American Cancer Society. NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of October 2016 as 'Breast Cancer Awareness Month" and I commit this observance to the people of our community. F, on October 18, 2016,1 have caus"i,q seal to be affixed office of the Mavvor OkeecW beeI Floriba REAS, the crime of domestic violence violates an individual's privacy and dignity, security and humanity, due to systematic use of physical, emotional, sexual, psychological and economic control and/or abuse including abuse to children and the elderly, and WHEREAS, the problems of domestic violence are not confined to any group or groups of people, but cut across all economic, racial, and societal barriers, and are supported by societal indifferences; and WHEREAS, the impact of domestic violence is wide ranging, directly effecting individuals and society as a whole, here in this community, throughout the United States and the world; and WHEREAS, it is battered women themselves who have been in the forefront of efforts to bring peace and equality to the home. NOW THEREFORE, in recognition of the important work done by domestic violence programs, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of October 2016 to 'be "National Domestic Violence Awareness Month" and urge all citizens to actively participate in the scheduled activities and programs to work toward improving victim safety and holding perpetrators of domestic abuse accountable for their actions against individual victims and our society as a whole. S . Y IN WITNESS "EREOF, on October 18, 2016, I have set my hand and caused�ts gal to be affixed , -� James E. Kirk, Mayor, a Attest: (CLI Lane Gamiotea, CMC, Cit � 1 h Exhibit 1 ORDINANCE NO. 1145 Oct 18, 2016 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING AND HEAVY COMMERCIAL TO LIGHT COMMERCIAL ZONING DISTRICT (PETITION NO. 16-003-R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Carrol Word, Registered Agent for the property owner, 441 Palms, LLC, has heretofore filed Petition No. 16-003-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 4.17 acres from a combination of Holding and Heavy Commercial to Light Commercial Zoning District, and that this request be removed from the boundaries of the above mentioned zoning districts to allow for the processing of the Rezoning Petition; and WHEREAS, said Petition was reviewed by the City's Planning Consultant who determined, based on initial findings and review provided by the applicant, that such Petition is consistent with the Comprehensive Plan; and WHEREAS, said Petition being reviewed by the City's Planning Board at a duly advertised Public Hearing held on July 21, 2016, and postponed until September 15, 2016, determined that such Petition is consistent with the Comprehensive Plan; and WHEREAS, the City Council agreed with the recommendation of the Planning Board and hereby finds Rezoning Petition No. 16-003-R to be consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth. NOW, THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: • � >�xrL\I!»��l�i[�laA The following described land consisting of approximately 4.17 acres, as the subject property, located in the City of Okeechobee, to -wit: LOTS 1, 2, 3, AND 4, OF BLOCK 1, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND LOTS 5, 6, 7, AND 8, OF BLOCK 1, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND LOTS 1, 2, 3, 4, AND 5, OF BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND LOTS 6, 7, 8, 9, AND 10, OF BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND Ordinance No. 1145 Page 1 of 2 LOTS 21 AND 22, OF BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND LOTS 23, 24, 25, AND 26, OF BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2: ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property to be changed as follows: a. Lots 1 through 8 of Block 1, Lots 1 through 6 and 21 through 26 of Block 2 of said Plat from Holding to Light Commercial. b. Lots 7 through 10 of Block 2 of said Plat from Heavy Commercial to Light Commercial. SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5: EFFECTIVE DATE. This Ordinance shall become effective thirty-one (31) days after its adoption if the associated Comprehensive Plan Future Land Use Map Amendment No. 16-003- SSA (Ordinance No. 1144) is adopted and not timely challenged. If the Comprehensive Plan is timely challenged, this ordinance shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining the Comprehensive Plan Amendment to be in compliance. INTRODUCED for First Reading and set for Final Public Hearing on this 4`h day October, 2016. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 18th day of October, 2016. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1145 Page 2 of 2 City of Okeechobee / ( Date: Petil.,,, No. I (a-tXb- P General Services Department Fee Paid: c_Cj��.tZ OK# 1Wg Jurisdiction: 13 Z(;0_ 55 S.E. Avenue, Room 101 15 Hearing: lam:--t&pf) 2" Hearing: Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Publication Dates: Notices Mailed: Fax: (863) 763-1686 Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): 441 Palms, LLC 2 Owner mailing address: 1080 SE 3rd street 3 Name of applicant(s) if other than owner 4 Applicant mailing address: E-mail address: csoword90@gmail.com 5 Name of contact person (state relationship): Steven L. Dobbs, P. E. - Consultant 6 Contact person daytime phone(s): 863-824-7644 PROPERTY INFORMATION Property address/directionsto property: 7 150 NE 13th Street, Okeechobee, FL 34972 Approximately 0.9 miles north of the intersection of SR 70 and Highway 441N on the east side of Highway 441N. Describe current use of property: The parcels involved in this rezoning are vacant. 8 Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. None 9 Source of potable water: OUA Method of sewage disposal: OUA 10 Approx. acreage: 4•2 �;.�1 Is property in a platted subdivision? Yes, City of Okeechobee Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: No 11 12 Is a pending sale of the property subject to this application being granted? No Describe uses on adjoining property to the North: 13 North: Nursing Home East: Vacant Undeveloped South: Vacant Undeveloped West: Vacant Dr. Office and undeveloped 14 Existing zoning: Commercial, Holding Future Land Use classification: Commercial, SFR 15 Have there been any prior rezoning, special exception, variance, or site plan approvals on the property? (?�_JNo (Yes. If yes provide date, petition number and nature of approval. 16 Request is for: (x ) Rezone (_, Special Exception (_) Variance 17 Parcel Identification Number: 3-15-37-35-0010-00020-0060 %33-15-37-35-0010-00020-0010,'X ,KJ-1J-37-.JJ-UUIU-UUUIU-UUIU, 3-1D-.i/-3D-UUIU-vUU/-U-U/,lv,► X x3-15-37-35-0010-00020-0230, and 3-15-37-35-0010-00010-0050 `k (Rev 3/5/15) Page 1 of 11 im V V J REQUIRED ATTACHMENTS 18 Applicant's statement of interest in property: owner Non-refundable application fee: Rezoning: $850 plus $30/acre; Special Exception: $500 plus $30/acre; Variance: $500 19 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: 4/28/2016 - Attached 21 Notarized letter of consent from property owner (if applicant is different from property owner) Three property surveys (one no larger than 11x17) containing: 22 a. Certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Carrol Word Date a v� For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218 (Rev 3/5/15) Page 2 of 11 '_oi5 7-10, 3Lce� C��rnen,-lt� a.re zvf-.��( /leave C_b,-,iP^n /7 w e ve r,.( �(h 10q o l � �s � onec( p Idi nJ ADDITI NAL INFORMATION REQUIRED FOR A REZONING A Current zoning classificationC-e mereial & Holding Requested zoning classification Light Commercial Describe the desired permitted use and intended nature of activities and development of the property? 3-15-37-35-0010-00010-0010 B 3-15-37-35-0010-00020-0060 3-15-37-35-0010-00020-0010 f 3-15-37-35-0010-00020-0210 3-15-37-35-0010-00020-0230 3-15-37-35-0010-00010-0050 Is a Special Exception necessary for your intended use? (X—) No (_) Yes If yes, briefly describe: C Is a Variance necessary for your intended use? (X_) No (_—) Yes If yes, briefly describe: D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the rezoning or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as E contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips and level of service on all adjacent roadway links with and without the project. F Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described below. Attach additional sheets as necessary. FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340, LDR page CD70:16) It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. (Rev 3/5/15) Page 6 of 11 441 Palms, LLC Responses to Standards for Considering Changes in Zoning 1. The proposed change is not contrary to the Comprehensive Plan Requirements; The proposed request in not contrary to the Comprehensive plan requirements and is largely zoned Holding, which is a zoning awaiting modification. The existing Heavy Commercial is be requested to downgrade to Light Commercial. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations; The proposed use has yet to be determined, but the use will fall in the requested zoning classification. 3. The proposed use will not have an adverse effect on the public interest; The proposed land use change should have a positive impact on the public interest to develop land that has access to all utilities and roads and bring the land value up as a developed parcel instead of undeveloped. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses and is not contrary or detrimental to urbanizing land use patters; The proposed use is appropriate for the location and compatible with the adjacent land uses. 5. The proposed use will not adversely affect property values or living conditions, or be a detriment to the improvement or development of adjacent property; The proposed use should positively impact property values, living conditions and be an improvement to the adjacent property as it will clean up previously dilapidated construction and develop previously undeveloped land. Findings required for -rezoning or change in land development _"nations (cont.) 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. (Rev 09/14) Page 7 of 11 CM 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood; The proposed use can be suitably buffered from surrounding unlike uses to the east and south by providing the City required setbacks of 20' from residential to the east and there is a road ROW buffer for the undeveloped parcel to the south. 7. The proposed use will not create a density pattern that would over'"urdeu public facilities such as schools, streets, and utility services; The use will not create density patterns that would overburden any public facilities. The potential development impacts will be within the already available amenities. 8. The proposed use will be create traffic congestion, flooding, or drainage problems, or otherwise affect public safety; The proposed use will not impact traffic congestion as this is currently a dead end street with abandoned prior uses and undeveloped parcels on the street with adequate access to SR 441N, which will be right in and right out as there is median on SR 441 adjacent from this street. 9. The proposed use has not been inordinately burdened by unnecessary restrictions; The proposed use has not been inordinately burdened by unnecessary restrictions. 441 Palms, LLC (Description of requested land use change and reason for request) 441 Palms, LLC, currently owns approximately 4.2 acres located in Section 15, Township 375, and Range 35E. The property's parcel IDs are 3-15-37-35-0010-00020- 0060, 3-15-37-35-0010-00020-0010, 3-15-37-35-0010-00010-0010, 3-15-37-35-0010- 00020-0210, 3-15-37-35-0010-00020-0230, and 3-15-37-35-0010-00010-0050. It is currently located in the City of Okeechobee with a current zoning of Heavy Commercial for a major portion of Parcel 3-15-37-35-0010-00020-0060 and a FLU of Commercial. The remaining parcels have a FLU of Single Family Residential and a zoning of Holding. The primary intent of rezoning this parcel is to bring all land owned at this location into uniform Light Commercial zoning. The owner has purchased this parcel and is planning to change the zoning for commercial development. This application is for the City to grant a zoning on this parcel from the existing Heavy Commercial and Single Family Residential to Light Commercial. The existing access to this property is from NE 3`d Street from the south. 441 Palms, LLC requests that the Planning Board recommend to the City Council to grant the request to zone this parcel of land to Light Commercial. �� I IIIIII i{il�i{ iIIII Ilill illll llll llll FILE MUM 2016003918 OR BK 774 PG 274 SHARON ROOERTSONr CLERK OF CIRCUIT COURT OKEECHOREE COUNTYr FLORIDA RECORDED 04/28/2016 03:59:20 Ptl Prepared by and return to: ANT S300r0D0.00 JOHN D. CASSELS, JR. RECORDING FEES $18.50 Partner DEED DOC $2r100.00 CASSELS & MCCALL RECORDED BY h Pinon 400 NIN 2nd Street Pss 274 - 275; (2 pss) Okeechobee, FL 34972 863-763-3131 File No.: 16-8946 Parcel Identification No. 3-16-37-36-0010-00020-0060; 3-1637-3"010-00010.0010;3-16-37-36-0010-00010-0050; 3-16.37- 36-0010-0D020.00230; 3-1637-36-0010-00020-0210; and 3-16-3736.0010-0D020-0010 [Space Above This Line For Recording Data] Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 27th day of April, 2016 Between SURAIYA HUSAIN, INDIVIDUALLY AND AS TRUSTEE OF THE SURAIYA HUSAIN REVOCABLE TRUST DATED MAY 8, 1996 AND MUZAFFAR HUSAIN, INDIVIDUALLY AND AS TRUSTEE OF THE MUZAFFAR HUSAIN REVOCABLE TRUST DATED MAY 8, 1996 whose post office address is 12138 Dledra Court, Orlando, FL 32826 of the County of Orange. State of Florida, grantor', and 441 PALMS, LLC, a Florida limited liability company whose post office address is 1080 SE 23rd Street, Okeechobee, FL 34974 of the County of Okeechobee, State of Florida, grantee', Witnesseth that said grantor, for and in consideration of the sum of TEN AND N01100 DOLLARS ($10.00) and other good and valuable considerations to said grantor In hand paid by�sald grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County Florida, to -wit: Lots 1 to 8, inclusive, Block 1; Lots 1 to 10, inclusive, Block 2; and Lots 21 to 26, Inclusive, Block 2, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 6,.Page 6, Public Records of Okeechobee County, Florida. THIS PROPERTY DOES NOT CONSTITUTE THE HOMESTEAD OF SURAIYA HUSAIN OR MUZAFFAR HUSAIN. Subject to restrictions, reservations and easements of record, If any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. •'Grantor' and "Grantee -are used for singular orplural, as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the dayand year first above written. Signed, sealed and delivered in our presence: Witn sN e: A1$M 0%AHMAN 261Nt Witness Name: Vlf ss j e,AAFSO�E-t RAHMF4N 7-ft I i/ — 1 . _ Witness Name: jJ- SURAIYA HUSAIN, Individually and as Trustee MUZAFFAR HUSAIN, individually and as Trustee Book774/Page274 CFN#2016003918 Page 1 of 2 State of Florida County of OVtirQ The foregoing instrument was acknowledged before me this 27th day of April, 2016 by SURAIYA HUSAIN, INDIVIDUALLY AND AS TRUSTEE OF THE SURAIYA HUSAIN REVOCABLE TRUST DATED MAY 8, 1996 AND MUZAFFAR HUSAIN, INDIVIDUALLY AND AS TRUSTEE OF THE MUZAFFAR HUSAIN REVOCABLE TRUST DATED MAY 8, 1996, who [] is personally known or �] has produced(, j7 j as identification. , [Notary Seal] Notary Public i Printed Name:�L4SG. OWIQf My Commission Expires: _ Book774/Page275 CFN#2016003918 Page 2 of 2 441 Palms, LLC Comprehensive Plan and Rezoning Legal Description LOTS 1, 2,3 AND 4, BLOCK 1, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND LOTS 5, 6, 7 AND 8, BLOCK 1, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND LOTS 1, 2, 3, 4 AND 5, BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND LOTS 6, 7, 8,9 AND 10, BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND LOTS 21 AND 22, BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND LOTS 23, 24, 25 AND 26, BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. (NOTE: BLOCK 1, CITY OF OKEECHOBEE IS ALSO DESCRIBED AS BLOCK 1, OKEECHOBEE FLA. SURVEY OF RIVERSIDE DRIVE AND ADJOINING PROPERTY WEST OF TAYLOR CREEK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 22, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. OKEECHOBEE COUNTY PROPERTYAr"RAISER'S OFFICE WC. ' 'ILL" SHERMAN, PROPERTY APPRAISER GI S / MAPPING DEPARTMENT Legend �r t4F7-:�-; ��o. 41 MAU r , i,t I� N h j.. _ 4 Ye 31 �74 r ' .z v .YL +ir iv "YMONA CIF y �Y xc r. w M 46. wb Y. e'It�.kB t%.}'�. S .�� 9�! is».f g �` >oM ��. ^DC,1, J■ 1 wv e��.yp I jy p ,�p�r y'.^"-^°'piA.,gC},I� may,.. .. P's'.e. ,.i'T".* OL1�.J�; J E""1 ♦ i T" x 1 v a �g yi I. S �. ,— yr. ! .. ., r ..ii ��. W�y� � .I � - � � •1. !�LhL. a r a 9 ,t'�► � �^ I � � a .. '�„e. � ' sy�,�- � o rr„ ' # :,'„>•� J of a.�. , Ire J. , r0 tQ q ;a If,5�ay * AMd f � �{��,yti,..a. i r,.: i 'A-4 �"i.. I s •{ 'y �. ,'� tag, ^ J i fia�`� i g A fw t: r ay.S h w � 1 I' ' T"�jB. .r'♦ x> }, i # ? �1'ita �fi. l L ','ix. r.TR M j� T i A" •k.' �' ' tiYblii, y F TFr .�i,..#1 `.I w. \'�w..� ,jt'i' A ✓ 4 WV.,Wa� iV1i� fi • d� 5 M11'^• 4 r14dLL j^�' ,✓I, ip Ytx�. Drawn By: RU55 DUNCAN CFE, AGRICULTURE/ MAPPER c THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE DOES NOT Date: 5/12/2016 ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON 1 noun so tsr� uwmw % MdaOfOr mn tnma tttszam n Iru Iq wwls sv zaa aaalanm �. ,00'OS t M .00,0Oe00 S .00'05I M .00,00a00 S poc m — 1 p 8 ® 1 N 9i 3'•�• W N yyit a b�13 gFqFrryyy N ,. N bW r yy 1 W — Q LT�6 3 WEl a m d1x� ao U-. �o N m m A41 8 1 ssag$es $§ ! I z m g? n and m m n g I Z _GREY W an Z I \p I X g 2 O ILI O g al 8L O a�eiksg�Ea a �agP q � 212�1 O era; 7 !4 d�dg g a4 az e,1 Wa Aot ( Iouoaml.W 3NN3" OtlE 3N ,00'0S t M .00,00e00 S N I QW 8 gU a N R I aN m O — —:, I,— O 9 N N N .00AI ] .WA1W S N n �W N ,130'139 t M .00,00000 S 10 N ' I ' Z �3� 1 1 « II .10 �O I OW I107 1 41 ry Q - z IFFrIa =w g N Y Imm NW mm ,OO'OS t 3 8J �3 WE h� ag ffa r1 {�Ei°f�• fj jjn i71i2 _ ! j pgiile;lst� 8siIIj;fill Staff Report Rezoning Request Prepared for Applicant: Petition No.: The City of Okeechobee 441 Palms, LLC 16-003-R _ Planning & Management Services, Inc. t37i Jack on SIreCI, Soma 206 Fotl Myer', Florida h1h 239-33 i 3366 Serving; Florida Local Governments Since 1988 Staff Report Applicant's Name: 441 Palms, LLC Small Scale Comprehensive Plan Amendment Petition No. 16-003-R Generall Information 441 Palms, LLC Owner/Applicant 1080 SE 23r6 Street Okeechobee,FL 34974 Site Address 150 NE 13'h Street Okeechobee, FL 34972 Contact Person Stephen L. Dobbs, Agent Contact Phone Number 863-824-7644 Contact Email Address sdobbs@stevedobbsengineering.com Legal Description of Subject Property Parcel Identification Numbers: 3-15-37-35-0010-00010-0010, 3-15-37-35-0010-00010-0050, 3-15-37-35-0010-00020-0010, 3-15-37-35-0010-00020-0210, 3-15-37-35-0010-00020-0230, 3-15-37-35-0010-00020-0060 Legal Description: LOTS 1, 2,3 AND 4, BLOCK 1, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND LOTS 5, 6, 7 AND 8, BLOCK 1, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND LOTS 1, 2, 3, 4 AND 5, BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND LOTS 6,7,8,9 AND 10, BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND LOTS 21 AND 22, BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND LOTS 23, 24, 25 AND 26, BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: 441 Palms, LLC Small Scale Comprehensive Plan Amendment Petition No. 16-003-R Request The matter before the City Council is an application to rezone the above identified six properties, encompassing 4.35 acres, to CLT, Light Commercial. All but one of the parcels (PID 3-15-37-35-0010-00020-0060) are also the subject of a concurrent Small Scale Development Plan Amendment (SSA) involving a change from Single -Family to Commercial on the Future Land Use Map (FLUM). The current and proposed Future Land Use designations, zoning, existing use, and acreage of the subject property and surrounding properties are shown in the following tables and on the maps on pages 8 through 10. Existing Proposed Future Land Use Single -Family Residential -Category (except 3-15-37-35-0010-00020-0060, Commercial which is Commercial) Zoning District H, Holding (except 3-15-37-35-0010- CLT, Light Commercial 00020-0060, which is CHV) Use of Property Vacant Medical/dental offices Acreage 4.35 acres 4.35 acres Future Land Use, Zoning, and Existing Uses on Surrounding Properties Future Land Use Map Classification, Commercial North ` Zoning District CHV, Heavy Commercial Existing Land Use Okeechobee Health Care Facility Future Land Use Map Classification Single Family East Zoning District RSF1, Residential Single Family Existing Land Use Large Acreage Single Family Residence Future Land Use Map Classification Commercial and Single Family South Zoning District CHV, Commercial & H- Holding Existing Land Use Professional Office and Vacant Future Land Use Map Classification Commercial West Zoning District CHV, Heavy Commercial Existing Land Use Vacant !� 2 Serving Florida Local Government, Since 1988 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: 441 Palms, LLC Petition No. 16-003-R Section 70-340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The Applicant has provided comments to each of the required findings. These are repeated below in Times Roman typeface exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff comments are shown in this Arial typeface. 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "The proposed request is not contrary to the Comprehensive Plan requirements and is largely zoned Holding, which is a zoning awaiting modification. The existing Heavy Commercial is to be requested to downgrade to Light Commercial." Staff Comment: This rezoning application is being addressed concurrently with the Applicant's request for a Small Scale Development Plan Amendment (SSA) to the City's FLUM changing the Future Land Use designation from Single -Family to Commercial for 3.3 of the 4.35 acres. Staff has recommended approval of that request and found the change to be consistent with the Comprehensive Plan. If the Applicant's request for a Commercial designation on the FLUM is approved, rezoning to any of the following zoning districts would be consistent with the Commercial Future Land Use category: Commercial Professional Office (CPO), Light Commercial (CLT) and Heavy Commercial (CHV). If the City denies the FLUM change to Commercial, rezoning to any Commercial District would be inconsistent with the City's Comprehensive Plan and should not be approved. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. " "The proposed use has yet to be determined, but the use will fall in the requested zoning classification." Staff Comment: Despite the above response by the Applicant, the Traffic Impact Analysis was conducted on the premise of a medical/dental office. Medical office is listed as a permitted use under Section 90-252(1) in the CLT District regulations. 3 Serving Florida local Governments Since 198E Staff Report Applicant's Name: 441 Palms, LLC Small Scale Comprehensive Plan Amendment Petition No. 16-003-R 3. The proposed use will not have an adverse effect on the public interest. "The proposed land use change should have a positive impact on the public interest to develop land that has access to all utilities and roads and bring the land value up as a developed parcel instead of undeveloped." Staff Comment: For the most part, we agree. However, the Traffic Impact Analysis indicates that congestion will increase as a result of the proposed development and ameliorating actions may be necessary. The Staff Comments under Condition #8 address these concerns more fully. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. "The proposed use is appropriate for the location and compatible with the adjacent land uses." Staff Comment: The subject property located is adjacent to other medical uses and would represent a logical extension of the medical -oriented concentration in close proximity to Raulerson Hospital. Therefore, we agree that the subject property is suitably located for commercial use, particularly medical offices, and is consistent with land use patterns in the area. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. "The proposed use should positively impact property values, living conditions and be an improvement to the adjacent property as it will clean up previously dilapidated construction and develop previously undeveloped land." Staff Comment: We agree. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. "The proposed use can be suitably buffered from surrounding unlike uses to the east and south by providing the City required setbacks of 20' from residential to the east and there is a road ROW buffer for the undeveloped parcel to the south." Staff Comment: We agree and any special buffering or measures to protect existing or future residential uses can be addressed during the site plan review by the TRC. ti 4 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: 441 Palms, LLC Small Scale Comprehensive Plan Amendment Petition No. 16-003-R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "The use will not create density patterns that would overburden any public facilities. The potential development impacts will be within the already available amenities." Staff Comment: The proposed use is not residential and therefore has no density component or effect upon schools. The demand is estimated at 10,683 gallons per day. Given OUA's current capacity and recent level of average daily flow as stated in the application for 16-003-SSA, it would appear that there is adequate capacity to address water and sewer needs. With regard to the proposed development's effect upon streets, see the response to Condition #8. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "The proposed use will not impact traffic congestion as this is currently a dead end street with abandoned prior uses and undeveloped parcels on the street with adequate access to SR 441N, which will be right in and right out as there is median on SR 441 adjacent from this street." Staff Comment: The proposed development will be required to meet all standards required by the City of Okeechobee and the South Florida Water Management District. Any flooding or drainage concerns or consideration will be addressed at the site plan review stage. Our review of the Traffic Impact Analysis (TIA) prepared for the Applicant by Marlin Engineering, Inc. was set forth in the Staff Report for the preceding Small Plan Amendment (16-003-SSA). The following text contains the highlights of our review. The roadway segment studied in the TIA is the stretch of US 441 from SR 70 to NW 16th Street. The signalized intersection involved is that of US 441 and SR 70. The roadway segment is already operating below accepted LOS Standards. With the addition of the traffic generated by the proposed medical/dental complex, PM Peak traffic will increase by 10.7%. Both the northbound and southbound portions of US 441 at its intersection with SR 70 are operating at LOS "F", which is a failing situation. With the addition of the traffic generated by the proposed development, southbound congestion during the PM Peak will worsen at this intersection, with the delay increasing by almost 40% to over 128 seconds Further information is needed to determine the extent and time of use of the bike lane in the vicinity of NW 16th Street. The increased volume of U-turns during the PM Peak hour, added to the left-hand turns from the main hospital entrance, could increase the likelihood of potential conflicts between bike riders and mid -to -large - size SUVs and similar sized vehicles making U-turns and encroaching into to the bike lane. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: 441 Palms, LLC Small Scale Comprehensive Plan Amendment Petition No. 16-003-R The foregoing concerns lead us to question whether or not the proposed project is consistent with Policy 8.2 of the Traffic Circulation Element of the Comprehensive Plan. This Policy requires the City to withhold permitting of new development at locations where the existing traffic circulation network is insufficient to accommodate the impacts of the development. In our Staff Report for the requested Comprehensive Plan Amendment, we suggested attaching the following condition to any approval of the requested Small Plan Amendment and Rezoning: In accordance with Policy 8.2 of the Traffic Circulation Element of the Comprehensive Plan, it is recognized that the existing traffic circulation network may be insufficient to accommodate the impacts of the proposed development. Therefore, any future development may be subject to parti- cipation in the City's Proportionate Fair Share Transportation Impact Fee for roadway improvements. These improvements may include, but not be limited to; a traffic signal at NW 16th Street and US 441, if and when warranted; or, an extension of NE 3�d Avenue from NE 13th Street southward to NE 8th Street forming a continuous roadway connecting to SR 70, thereby enhancing the City's grid system and alleviating southbound congestion at the SR70/US 441 intersection. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "The proposed use has not been inordinately burdened by unnecessary restrictions." Staff Comment: We agree. Medical offices are treated as any other commercial use in the City and the City's parking requirements for medical offices are reasonable and scaled to the need for parking associated with such uses. Serving Florida local Governments Since 1988 Staff Report Applicant's Name: 441 Palms, LLC Small Scale Comprehensive Plan Amendment Petition No. 16-003-R Recommendation If the Applicant's request for a Commercial designation on the FLUM is approved, rezoning to CLT-Light Commercial would be consistent with the Commercial Future Land Use category. If the City denies the FLUM change to Commercial, rezoning to any Commercial District would be inconsistent with the City's Comprehensive Plan and should not be approved. Based on the foregoing analysis, we believe that, in order for the rezoning request to be considered fully consistent with the Comprehensive Plan, the following stipulation should be included: 1. The following condition should be attached to the rezoning approval: In accordance with Policy 8.2 of the Traffic Circulation Element of the Comprehensive Plan, it is recognized that the existing traffic circulation network may be insufficient to accommodate the impacts of the proposed development. Therefore, any future development may be subject to parti- cipation in the City's Proportionate Fair Share Transportation Impact Fee for roadway improvements. These improvements may include, but not be limited to; a traffic signal at NW 16th Street and US 441, if and when warranted; or, an extension of NE 3`d Avenue from NE 13th Street southward to NE 8th Street forming a continuous roadway connecting to SR 70, thereby enhancing the City's grid system and alleviating southbound congestion at the SR70/US 441 intersection. Submitted by: Wm. F. Brisson, AICP Sr. Planner September 7, 2016 Planning Board Public Hearing: September 15, 2016 City Council 1 St Reading: October 4, 2016 City Council 2"d Reading: October 18, 2016 Attachments: Future Land Use, Subject & Environs Zoning, Subject & Environs Existing Land Use, Subject & Environs Serving Florida Local Governmems Since 1988 Staff Report Applicant's Name: 441 Palms, LLC Small Scale Comprehensive Plan Amendment Petition No. 16-003-R FUTURE LAND USE SUBJECT SITE AND ENVIRONS COMPREHENSIVE PLAN LANCE +SSE 3LE - #YWWY tAWILY MMERCAL ^.Ds'STiikAL MJP.LtC FACIU` REStpENT G�1L k+: •. E; ,:, -_ E 8 Serving Florida 6tx:a) Governments Since 1988 Staff Report Applicant's Name- 441 Palms, LLC Small Scale Comprehensive Plan Amendment Petition No. 16-003-R ZONING SUBJECT SITE AND ENVIRONS ZONING vLT - L :'Q 7NAL.09._ f H -►FOLD" c - RMt(- R£S P.E. _ _� , • c .: +«LIME RSF1 . 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O< o< < (D (D Co) t0 N CD CD ET o n A m a m N -{ 7 C) n D O^ (D (D < m O (D (D r -' n O U O ;4 (D O_ w� (D O Or O O O CD ox a ((D CD �I Cl) 00 0 0 co w Q n. 0 o m z z cn r. a� o E' N N W W JE O 7 W O W Z N O N N > h o � S U fn o 0 Z n O cu � L U U Q v c a> rn ca (> c 0 E a> a`> L 7 O C Q) C a) ..p N d t N N U C p E� o p N o y _e' N U U N N ao �o S O •V 'fJcc '� N Cl m m'> o n a) EL Q o ¢ $ v o Z m y o W L C C N U' 3 a�i oDY m m a a E o U 1] m = U N � C � � C N F � L -2 i Z N O m O d W.om c UU E O N C U U C m ccu Q d a m E n Q d STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a zI '& ' .L�� in the matter of � l a 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. 7 Katrina Elsken Sworn to a d s &bscribed befo e me this �' day of"'Cc`�wfL _C: !61 All Notary Public, State of Florida at Large a AY P e ,,: ANGIE BRiOGES ' *` MY COMMISSION # FF 976149 'r: �o EXPIRES:Apol20,2020 oEo Bonded Thru NDWY Public Undarvitam I�Ir� fib Okeechobee News (-� 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 NOTICE OF PROPOSED ZONINGCITY ORDINANCE NOTICE IS HEREBY GIVEN that the City Council of the City of OkeecF bee, will conduct a Public Hearing on Tues, Oct 18, 2016, at 6 PM, or soon thereafter possible, at City Hall 55 SE 3rd Ave, Okeechobee, FL, consider final reading for adoption of the following Ordinance into law: N 1145: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORID, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEI HOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PAI I." ICULARLY DESCRIBED HEREIN, FROM HOLDING AND HEAV COMMERCIAL TO LIGHT COMMERCIAL ZONING DISTRICT (PET TION NO. 16-003-R); AMENDING THE ZONING MAP ACCORDING LY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABIIITI PROVIDING FOR AN EFFECTIVE DATE. nance MreCarrol Word, sRegistered Agent for the'tion No. property owner, 441 Palms, itted b L( located at 150 NE 13th Strett, and is approximately 4.17 acres. The pro posed use is medical/dental offices. Legal: Lots 1 through 8 of Block I., Lot 1 through 10 and 21 through 26 of Block 2, CITY OF OKEECHOBEE, Pla Book 5, Page 5, Public Records of Okeechobee County, Florida. All members of the public are encouraged to attend and participate in sai( Hearing. The proposed ordinance may be inspected in its entirety by mem hers of the public at the Office of the City Clerk during normal business hours, Mon -Fri, 8:00 AM PM, except for holidays. ANY SON Council wiitthh respect to anyy maattter Ponnside ed atdecision ths meeting will need tthe o ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to par- ticipate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video. or items to the Council in support or opposition to any item on the agenda, a copy of the document, picture, video, or item MUST be previded to thel -ity Clerk for the City's records. 3y: City Clerk Lane Gamiotea, CMC f77871 ON 10/7/2016 z' , i f j , <✓ ' ,1 Page 1 of 3 Exhibit 2 CITY OF OKEECHOBEE Oct 18, 2011 55 SE THIRD AVENUE OKEECHOBEE, EL 34974 Tele: 863-763-3372 ext. 2.8P lax: 863-763-1686 PARK USE AND/OR. TEMPORARY STREET/ SIDEWALK CLOSING PERMIT APPLICATION Date Received: `jI:Z�1 /i c: Date Issued: CApplicati Date(s) of Event: 1 0N-bbet' a9 a01ta Information: Organization: -i Je eat ci on Tax Exempt No: 5 -So 4 a (q AF C-3 Mailing Address: 6 t0 51J OKeechotee R 3qq-1g. Contact Person: Udrsfi a CokerNorma-a F-Mail Address: n o rm aA C Q—oLe.e . k 12 .r i. 4 5 Telephone: Work: 963- "2- 5677 1 Hoare: Cell: I $63-W 4-6,W+ Suenmary of activities: PrPr c_t _ Please check requested Parks: N `A Flagler Parks: o City hall Park ❑ 41 Memorial Park ❑ 172 c 43 o #4 ❑ 45 ❑ #6 f, OR Address of event: (p1Q �' Alf.Q echob,ee, F( 3gg74 Parcel TD: TEMPORARY STREET AND SIDEWALK CLOSING INFORMATION (If not using Park(s), provide event address) � 16 SU) S--' &&- Street Address Page 2 of 3 0KUC t)be,9_ F I 3gg74 City State Zip Code Street(s) to be closed: an SRO Itt" SA. t SO Date(s) to be closed: �;daq Q berS t 011P Tinre(s) to be closed: : 0(Jm. : pp .m . Purpose of Closing: Sa of eve.o r;de_ J Attachments required: Charitable Function Temporary Street and Sidewalk Closing ® Site Plan P Original signatures of all residents, property owners and business owners affected by the closing. ® Copy of liability insurance in the amount of ® Copy of liability insurance in the amount of $1,000,000.00 with the City of Okeechobee as $1,000,000.00 with the City of Okeechobee as additional insured. additional insured. &>Proof of non-profit status ® If any items are being sold on City streets or sidewalks, a 'Temporary Use Permit (TUP) must be )>- Letter of Authorization from Property Owner attached for each business. TUP can be obtained from the General Services Department. ® State Food Service ]License, if applicable- P State Food Service ]License, if applicable. F> State Alcoholic Beverage License, if applicable. (Alcoholic beverage can be served only on private property. No alcoholic beverages are allowed on City property, this included streets and sidewalks.) Note ® Clean-up is required within 24 hours. 1�;- No alcoholic beverages permitted on City property, streets or sidewalks. No donations can be requested if any type of alcoholic beverages are served on private prop ertylbusiness unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license(s). The Department of Public Works will be responsible for delivering the appropriate barricades. Dumpsters and port-o-lets are required when closing a street for more than three (3) hours. Applicant must meet any insurance coverage and code compliance requirements of the City and other regulations of other governmental regulatory agencies. The applicant will be responsible for costs associated with the event, including damage of property. By receipt of this permit, the applicant agrees and shall hold the City harmless for any accident, injury, claim or demand whatever arising out of applicant's use of location for such event, and shall indemnify and defend the City for such incident, including attorney fees. The applicant shall be subject to demand for, and payment of, all of the actual cost incurred by the City pertaining to the event including, but not limited to, Police, Fire, Public Works or other departmental expenses. The City reserves the right to require from an applicant a cash or cashier's check advance deposit in the sum approximated by the City to be incurred in providing City services. Any such sum not incurred shall be refunded to the applicant. Page 3 of 3 II hereby acknowledge that II have read and completed this application, the attached Resolutions No.(s) 03- 08 and 04-03, concerning the use and the rules of using City property, that the information is correct, and that I[ aaaa the duly authorized agent of the Organization- II agree to conform with, abide by and obey all the males and regulation, which may be lawfully prescribed by the City Council of the City of Okeechobee, or its officers, for the issuance of this Charitable Function Permit. CERTIFICATE OF INSURANCE MUST NAME CITY OF OKEECHOBCE AS ADDITIONAL IINSUREIID. Applicant Signature Date o0e0OFFICE USE ONLY"o Staff Review Fire Department: Buildin Official: Public Works: Police Department: BTR De artment• City Administrator: City Cleric: Date: 10a Oe-f. Date: ^ 4 Date: Date: / L'' Date: bate: Bate: `(di-� NOTE: APPLICATION AND RETURNED TO THE GENERAL SERVICES DEPARTMENT THIRTY (30) DAYS PRIOR TO EVENT FOR PEItMI'II'TflNO. Temporary Street and Sidewalk Closing submitted far review by City Council on Date Temporary Street and Sidewalk Closing reviewed by City Council and approved Date 610 S 5(h Ama. Ola-Khabsa, FL- Googfo Map9 GOO,-_ 1� Address 6'10 S!i115E;i Avt t Okeechobee, FL 34974 - - --- . - ,i• • I"irsr Baptiai.. .,I . •fd'A':" I : Chtii�la .':; I : i .. i :' '� ., , � .. 1 SDI � � 'r. Cd G dt _Sw r. .. ... .. ...f .. - �� � -- -- .. ' • - ' J,l'Y�JiI,I,St, '. ,.. �,-J 5�•7.t11-�11 . r � - - - -- �S'w 3Oth SW •a } 1 9 �ti6 f G --..__.. — _..... _ :..,,.... _1—- �. 1 �oaefa lye 4 &a _ .. l FC�u era~� c� d m c-ok -4- be IsL) �81'b �Qklk htlps:f/rrlaps.c7cog le.ternlcnaps9Fg8sourc s_q�hl=er&4©ocod�S4=610rSW+5th¢Aga,hOht ttcbeo,•+FLU,eq=0&Qq=B10+SLVs'ithRsfl=27•?AOgg7,_gp,82gt,,, 1/1 10/18/16 Agenda Exhibit 3 REQUEST TO ADD AGENDA ITEM TO: Mayor Kirk & City Council DATE: Oct 18, 2016 Please add the following as New Business Item B, Exhibit 3 to the October 18, 2016 Agenda: B.1.a) Motion to read by title only, and set November 1, 2016, as a final Public Hearing date for proposed Ordinance No. 1146, adopting a moratorium on issuing business licenses, planning applications, petitions, and/or developments for Medical Marijuana distribution facilities — City Attorney (Exhibit 3). b) Vote on motion to read by title only and set public hearing date. c) City Attorney to read proposed Ordinance No. 1146 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1146. b) Public comments and discussion. c) Vote on motion. ORDINANCE NO. 1146 EXHIBIT #3 Oct 18, 2016 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, ADDRESSING THE UPCOMING VOTE CONCERNING NO. 2 CONSTITUTIONAL AMENDMENT, ARTICLE X, SECTION 29, 'USE OF MARIJUANA FOR DEBILITATING MEDICAL CONDITIONS" ON THE BALLOT FOR THE GENERAL ELECTIONS SCHEDULED FOR NOVEMBER 8, 2016; IT APPEARING THAT SHOULD THE MEASURE BE APPROVED BY THE ELECTORATE, THE FLORIDA LEGISLATURE MAY THEN ENACT REGULATIONS OR RESTRICTIONS ON THE SALE AND DISTRIBUTION OF MEDICAL MARIJUANA; THAT PENDING SUCH VOTE AND ACTION OF THE LEGISLATURE OR STATE ADMINISTRATIVE AGENCY, IT REMAINS UNCLEAR WHAT RESTRICTIONS OR REGULATIONS WHETHER ANY, THAT LOCAL MUNICIPAL GOVERNMENTS COULD ENACT REGARDING THIS ISSUE; THAT UNTIL IT IS DETERMINED WHEN AND WHETHER LOCAL MUNICIPAL GOVERNMENTS CAN PROCEED WITH REGULATIONS, THAT A MORATORIUM BE IMPOSED WITHIN THE CITY OF OKEECHOBEE, SAID MORATORIUM SUSPENDING THE ACCEPTANCE AND APPROVAL OF ANY APPLICATION FOR BUSINESS TAX RECEIPT, OCCUPATIONAL LICENSE, BUILDING PERMIT, ZONING OR LAND USE CHANGE, OR ANY OTHER DEVELOPMENT PERMIT DIRECTED TO THE OPERATION OF A BUSINESS THAT SELLS, DISTRIBUTES, PROVIDES, OR IN ANY MANNER DEALS WITH THE DISTRIBUTION OF MEDICAL MARIJUANA TO THE PUBLIC; PROVIDING FOR SUNSET PROVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, there is a measure on the ballot of November 8, 2016, for voter consideration to approve Amendment 2, the so called "use of marijuana for debilitating medical conditions" amendment to the State of Florida Constitution: and WHEREAS, should the matter be approved by vote of the electorate, the Florida Legislature or State Administrative Agency, may enact certain regulations or restrictions as to the manner and means of the sale and distribution of "use of marijuana for debilitating medical conditions;" and WHEREAS, pending such vote, and subsequent action by the Legislature or State Administrative Agency, it is not clear at what point and to what extent local municipal governments can impose local regulations, be it by Zoning and Land Use Regulations; or Special Exception; or imposing an outright ban on such activity; and WHEREAS, local municipal governments have a legitimate and inherent interest in the sale and distribution of substances that impact the quality of life in the City of Okeechobee, and which may cause impairment to its citizens and others, and can enact ordinances to address and regulate such sales; and WHEREAS, the City Council for the City of Okeechobee, believes it is in the best interests of the City and its citizens of Okeechobee to impose a Moratorium on the permitting of business locations to sell or distribute medical marijuana pending outcome of the vote, and clarification of the ability of local municipal government to impose additional or stricter regulations; and NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1. THAT the City Council for the City of Okeechobee, Florida, hereby enacts and imposes a Moratorium which has the effect of prohibiting and preventing any Department of the City of Okeechobee from accepting an application for Business Tax Receipt, Occupational License, Land Use or Zoning change, Special Exception, or in any manner acting upon a request of any person or entity for the establishment Ordinance No. 1146 Page 1 of 2 of a business location within the City that is for the purpose of selling, distributing, advertising, or in any manner promoting the sale and/or distribution of marijuana for medical, or any other purpose. SECTION 2. THAT this Moratorium shall remain in effect for 180 days from the effective date hereof, pending further action by the City Council of the City of Okeechobee, which may then impose additional regulations, or Land Use or Zoning restrictions, on the operation of such a business. SECTION 3. THAT this Moratorium shall expire automatically without further action by the City Council of the City of Okeechobee, in the event the electorate should not approve Amendment 2 on November 8, 2016. SECTION 4. THAT should the measure be approved on November 8, 2016, this Moratorium shall automatically expire 180 days from the effective date hereof, unless extended by further action of the City Council of the City of Okeechobee. SECTION 5. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 6. Should any provision or portion of this Ordinance be declared by a 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 7. This Ordinance shall take effect immediately upon its passage. INTRODUCED for First Reading and set for Final Public Hearing on this 18`h day of October, 2016. James. E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 1st day of November, 2016. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Ordinance No. 1146 Page 2 of 2