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2016-10-20I. CALL TO ORDER — Chairperson. MINUTES OF THE TECHNICAL REVIEW COMMITTEE THURSDAY, OCTOBER 20, 2016, 10:00 A.M. CITY OF OKEECHOBEE 55 Southeast 3rd Avenue Okeechobee, Florida 34974 The October 20, 2016, Technical Review Committee meeting was called to order at 10:01 a.m. by Chairperson Montes De Oca. II. STAFF ATTENDANCE — Secretary. Voting Members: City Administrator Marcos Montes De Oca - Present Building Official Jeffrey Newell — Absent (with consent) Fire Chief Herb Smith — Absent (Lieutenant Hodges in attendance) Interim Police Chief Robert Peterson - Present Public Works Director David Allen - Present Non -Voting Ex -Officio Members: City Attorney John R. Cook — Absent (with consent) City Planning Consultant Bill Brisson - Present City Civil Engineering Consultant - Attendance not requested County Environmental Health Department Representative Doug McCoy - Absent OUA Executive Director John Hayford - Absent School District Representative - Absent Committee Secretary Patty Burnette - Present III. AGENDA — Chairperson. Chairperson Montes De Oca asked whether there were any requests for the deferral or withdrawal of items on today's agenda. There being none the Agenda stands as published. IV. MINUTES — Secretary. Chief Peterson moved to dispense with the reading and approve the Minutes for the regular meeting held September 15, 2016, seconded by Public Works Director Allen. Motion carried unanimously. V. NEW BUSINESS — Chairperson. A. Abandonment of Right -of -Way Petition No. 16 -003 -AC, to abandon the 20 -foot wide East/West alleyway between Lots 1 to 6 and 7 to 12 of Block 44, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, located in the 800 block of Northwest 9th Street - Senior Planner. Planning Staff Report: Planner Brisson explained the property owner, Okeechobee Asphalt & Ready Mixed Concrete, Inc., owns all the vacant property to the north, Lots 1 to 6, and south, Lots 7 to 12, of the unimproved 20 foot by 300 foot alleyway that they are petitioning to vacate. Planning Staff's responses to the required findings are the property is designated Industrial on the Future Land Use Map and the Zoning Map. The property to be abandoned will be used for material storage in the same manner as the surrounding properties are currently being used. The alleyway TRC - October 20, 2016 - Page 1 of 3 V. NEW BUSINESS CONTINUED. A. Abandonment of Right -of -Way Application No. 16 -003 -AC continued. is not the sole access to any property as all properties have vehicular access from either Northwest 9th Avenue, Northwest 9th Street, or Northwest 8th Avenue. The public benefits associated with the abandonment are, the existing alleyway is currently unused and has no immediate or future use. It will be a benefit to the City to remove the existing right-of-way which will reduce the land the City is required to maintain and the property will be subject to ad valorem taxation. No location of any utility would be jeopardized by the proposed vacation. Planning Staff is recommending approval based on those findings. Project Engineer, Mr. Steve Dobbs, P.E. with SLD Engineering of 1062 Jakes Way, Okeechobee, Florida, was present on behalf of the property owner. County Environmental Health Department: No issues were received. OUA: Chairperson Montes De Oca announced Director Hayford relayed to him that Okeechobee Utility Authority had no utilities in the right-of-way. Public Works: Director Allen inquired as to whether the portion of Northwest 8th Avenue running from Northwest 9th Street South towards the railroad right-of-way would also be closed. Mr. Dobbs responded no, only the alley was being petitioned for. Administrator Montes De Oca noted for the record the right-of-way portion of Northwest 8th Avenue needs to remain open at all times, all equipment and debris needs to be removed. Police Department: No issues were received. Building Official: No issues were received. Fire Department: No issues were received. Chairperson Montes De Oca asked whether there were any comments or questions from those in attendance. There were none. He then asked TRC Members to disclose for the record whether they had spoken to anyone regarding the application or visited the site. There were none. Motion and second offered by Public Works Director Allen and Interim Police Chief Peterson to recommend approval to the Planning Board for Abandonment of Right -of -Way Petition No. 16 -003 -AC, to abandon the 20 -foot wide EastlWest alleyway between Lots 1 to 6 and 7 to 12 of Block 44, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, located in the 800 block of Northwest 9th Street, with the following condition: the portion of Northwest 8th Avenue running north to south along Block 44 needs to remain free of equipment and debris at all times. Motion carried unanimously. The Petition is scheduled to be reviewed by the Planning Board on November 17, 2016. TRC - October 20, 2016 - Page 2 of 3 VI. ADJOURNMENT— Chairperson. There being no further items on the agenda, Chairperson Montes De Oca adjourned the Technical Review Committee meeting at 10:07 a.m. PLEASE TAKE NOTICE AND BE ADVISED that any person desiring to appeal any decision made by the Technical Review Committee with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Service's media are for the sole purpose of backup for official records of the Department. Marcos Montes De Oca, Ch_airperson ATTEST: Patt. Burnette, Secretary TRC - October 20, 2016 - Page 3 of 3 ut?ig. ink MINUTES OF THE TECHNICAL REVIEW COMMITTEE THURSDAY, SEPTEMBER 15, 2016, 10:00 A.M. CITY OF OKEECHOBEE 55 Southeast 3rd Avenue Okeechobee, Florida 34974 I. CALL TO ORDER — Chairperson. The September 15, 2016, Technical Review Committee meeting was called to order at 10:00 a.m. by Chairperson Montes De Oca. 11. STAFF ATTENDANCE — Secretary. Voting Members: City Administrator Marcos Montes De Oca - Present Building Official Jeffrey Newell - Present Fire Chief Herb Smith — Present Interim Police Chief Robert Peterson - Present Public Works Director David Allen - Present Non - Voting Ex- Officio Members: City Attorney John R. Cook — Absent (with consent) City Planning Consultant Bill Brisson - Present City Civil Engineering Consultant - Attendance not requested County Environmental Health Department Representative Doug McCoy - Absent OUA Executive Director John Hayford - Absent School District Representative - Absent Committee Secretary Patty Burnette - Present III. AGENDA — Chairperson. Chairperson Montes De Oca asked whether there were any requests for the deferral or withdrawal of items on today's agenda. There being none the Agenda stands as published. IV. MINUTES — Secretary. Building Official Newell moved to dispense with the reading and approve the Minutes for the regular meeting held April 21, 2016, seconded by Public Works Director Allen. Motion carried unanimously. V. NEW BUSINESS — Chairperson. A. Abandonment of Right -of -Way Petition No. 16- 002 -AC, to abandon the 15 foot wide alley, running East and West between Lots 1 to 10 and 17 to 26 of Block 2, and Lots 1 to 4 and 5 to 8 of Block 1, CITY OF OKEECHOBEE, along with the 70 foot wide unimproved portion of NE 3rd Avenue between NE 13th and 14th Streets all as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County - Senior Planner. Planning Staff Report: Planner Brisson explained the applicant, Mr. Carrol Word, who is the Registered Agent for the property owner, 441 Palms LLC, is proposing to vacate two alleyways and a portion of Northeast 3rd Avenue in order to join the two blocks into one larger property and develop the area into a 71,200 square foot medical /dental complex. TRC - September 15, 2016 - Page 1 of 3 V. NEW BUSINESS CONTINUED. A. Abandonment of Right -of -Way Application No. 16- 002 -AC continued. 441 Palms LLC owns all of Block 1 which consists of eight lots, the 15 -feet wide by 200 -feet long alleyway divides the block in half, Lots 1 to 4 are located on the North half, Lots 5 to 8 are located on the South half. Block 2 consists of 26 lots with two alleyways. The North to South alleyway located between Lots 10, 11 to 16, and 17 is not included with the Petition. The 15 -feet wide by 512.50 -feet long East to West alleyway located between Lots 1 to 10 and 18 to 26 is included with the Petition. 441 Palms LLC owns Lots 1 through 10, and 21 through 26. Muzaffar Husain owns Lots 17 through 18. Suraiya Husain owns Lots 19 through 20, both have provided the required acknowledgement of no objection to the abandonment. Located West of Block 1 and East of Block 2 is a 70 -feet wide by 315.0 -feet long dedicated roadway known as Northeast 3rd Avenue. The roadway is unimproved, and the City does not have specific plans to improve the roadway at this time. Excluding Lots 17 and 18, the property is undeveloped. Planning Staff's responses to the required findings are the property is designated Single- Family on the Future Land Use Map and is in the process of a Comprehensive Plan Small Scale Future Land Use Map Amendment (No. 16- 003 -SSA) to designate it as Commercial. The anticipated medical office use is consistent with a Commercial Future Land Use designation. Therefore, should Future Land Use Map Amendment No. 16- 003 -SSA be approved, subsequent use of the property and the subject property to be abandoned will be consistent with the City's Comprehensive Plan. Neither the alleyways nor the portion of Northeast 3rd Avenue provides the sole access to any property as all properties have vehicular access from Northeast 13th Street. The public benefits associated with the abandonment are, the existing alleyways and Northeast 3rd Avenue are currently unused and have no immediate or future use. It will be a benefit to the City to remove the existing rights -of -way which will reduce the land the City is required to maintain and the property will be subject to ad valorem taxation. Utility easements are necessary within Northeast 3rd Avenue as the Okeechobee Utility Authority (OUA) needs access to maintain their water main and Florida Power & Light (FPL) needs access to maintain their power lines. Planning Staff is recommending approval based on these findings with the stipulations that the owner grant the necessary easements required. Project Engineer, Mr. Steve Dobbs, P.E. with SLD Engineering of 1062 Jakes Way, Okeechobee, Florida, was present on behalf of the applicant, and commented Mr. Word was aware of the easements that were required and he has no issues. They will be addressed within the ordinance, as a reassignment of an easement is not required at this time. County Environmental Health Department: No issues were received. OUA: No issues were received. Public Works: Director Allen asked for clarification, the North to South alleyway in Block 2 is not being abandoned, as one of the exhibits provided from the utility companies indicated this. Mr. Dobbs confirmed, the North to South alleyway in Block 2 is not included with the Petition abandonment request. Administrator Montes De Oca expressed concern regarding sufficient access within the easements. However, specific development plans are not required at this stage of the proposed development, and would be adequately addressed during site plan review. VI. NEW BUSINESS CONTINUED. TRC - September 15, 2016 - Page 2 of 3 A. Abandonment of Right -of -Way Application No. 16- 002 -AC continued. Police Department: No issues were received. Building Official: Building Official Newell noted a potential issue with concurrency and the level of service that could impact U.S. Highway 441 due to the level of traffic proposed for such a large development. He inquired as to whether the developer would be responsible for making any improvements. Planner Brisson replied the impact on the roadways would be addressed during site plan review. Additionally, the applicant will be made aware that this development could be subject to participation in the City's Proportionate Fair Share Transportation Impact Fee for roadway improvements. Fire Department: No issues were received. Chairperson Montes De Oca asked whether there were any comments or questions from those in attendance. There were none. He then asked TRC Members to disclose for the record whether they had spoken to anyone regarding the application or visited the site. There were none. Motion and second offered by Fire Chief Smith and Public Works Director Allen to recommend approval to the Planning Board for Abandonment of Right -of -Way Petition No. 16-002-AC, to abandon the 15 -foot wide East to West alleyways located between Lots 1 to 10 and 17 to 26 of Block 2, and Lots 1 to 4 and 5 to 8 of Block 1, together with the 70 -foot wide unimproved portion of Northeast 3rd Avenue located between Northeast 13th and 14th Streets, all within the CITY OF OKEECHOBEE, Plat Book 5, Page 5, Okeechobee County Public Records, with the following conditions: 1. Proposed development will adequately address Off -site Concurrency impacts; 2. Proposed development will adequately address sufficient access to the City /County drainage easement along Northeast 14th Street and/or roadway access to the north /south; 3. FPL and OUA easements granted; 4. Notation that the North to South alleyway in Block 2 is NOT included within the Petition. Motion carried unanimously. VI. ADJOURNMENT— Chairperson. There being no further items on the agenda, Chairperson Montes De Oca adjourned the Technical Review Committee meeting at 10:16 a.m. PLEASE TAKE NOTICE AND BE ADVISED that any person desiring to appeal any decision made by the Technical Review Committee with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Service's media are for the sole purpose of backup for official records of the Department. ATTEST: Marcos Montes De Oca, Chairperson Patty M. Burnette, Secretary TRC - September 15, 2016 - Page 3 of 3 CITY OF OKEECHOBEE OCTOBER 20, 2016 TECHNICAL REVIEW COMMITTEE HANDWRITTEN MINUTES 1. CALL TO ORDER - Chairperson: October 20, 2016 Technical Review Committee Meeting, 10:00 a.m. II. STAFF ATTENDANCE - Secretary Present Absent Administrator Montes De Oca Building Official Newell Chief Smith LT f-.{ M % 1 n (_44 -e 1a� C1( Engineer Interim Chief Peterson Public Works Director Allen YEA NAY ABSTAIN ABSENT Allen ✓' Position vacant at this time ✓ Montes De Oca ✓ Non - Voting Ex- Officio Members: Newell Attorney Cook County Health Department McCoy OUA Executive Director Hayford Senior Planner Brisson School Representative Secretary Burnette Peterson ✓ - Smith- kJ ti-odgQS V. ✓ III. AGENDA — Chairperson. A. Requests for the deferral or withdrawal of items on today's agenda. IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Minutes for the regular meeting of September 15, 2016. ehe-P moved to dispense with the reading and approve the Minutes for the regular meeting of September 15, 2016; seconded byi11`%3 ((Pi . VOTE YEA NAY ABSTAIN ABSENT Allen ✓' Montes De Oca ✓ Newell Peterson - Smith- kJ ti-odgQS V. APPROVED •ENIED V. NEW BUSINESS - Chairperson. A. Abandonment of Right -of -Way Petition No. 16- 003 -AC, to abandon the 20 -foot wide East/West alleyway between Lots 1 to 6 and 7 to 12 of Block 44, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, located in the 800 block of NW 9th Street.- Senior Planner. 1. Review Planning Staff Report. �.VQ q Gen CI f� [,0/4 ) S_ec� e-y1 �g - 3 _( 1 Plaima ssan re.,cornor.rd_s p v t- -- O I 2chob As pka.tt o cl kl-he I d S a (,{ t', - LA %tt.ch a,re cta V C ' - 2 V. NEW BUSINESS - continued. A. Abandonment of Right -of -Way Petition No. 16- 003 -AC continued. 2. City Staff comments. ch m e bp3 w ig h ktinr Pwo N 1J) 440 ` ve1 — 1 sry + -1-11)i s also su...pposecI -Fo l dosed Moo — if Le f open) ShW 1d 41,)01 sae, D�ened 'ruled CuCt «9 p rrQnfc. s 3 V. NEW BUSINESS - continued. A. Abandonment of Right -of -Way Petition No. 16- 003 -AC continued. 3. Hear from Property Owner or Designee /Agent — Robert Gent, Okeechobee Asphalt & Ready Mixed Concrete, Inc. /Steve Dobbs, Project Engineer. s%ve, boblos - 0011 vn(e7IS v f) p9 4. Public comments or questions from those in attendance, or submitted to the Committee Secretary. kto1 4 V. NEW BUSINESS - continued. A. Abandonment of Right -of -Way Petition No. 16-003-AC continued. 5. Disclosure of Ex -Parte Communications by the Committee. 'z 0 Johnth fl d no Gael !t h l t71 Marc) 6. a) Consideration of a motion to recommend to the Planning Board to approve or deny the petition with /without special conditions. Motion and a second offered by RI IQ ( and 190 to recommend approval /denial to the Planning Board for Abandonment of Right -of -Way Petition No. 16- 003 -AC, to abandon the 20 -foot wide East/West alleyway between Lots 1 to 6 and 7 to 12 of Block 44, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, located in the 800 block of NW 9th Street, with the following conditions: Nt,O 8`�h (-i/e jin=n it requ 6) a C oust cv1 pth ort 0- �a 1-)cu/ t Oqutp iyvit-t amt Otsmat ( atd- b) Discussion. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT Allen Montes De Oca Newell Peterson V mith 7 LT tie�, APPROVE DENIE VI. ADJOURNMENT — Chairperson. There being np further items on the agenda, Chairperson 111 DO adjourned the Technical Review Committee Meeting at 10;01 a.m. 5 CITY OF OKEECHOBEE TECHNICAL REVIEW COMMITTEE OFFICIAL AGENDA OCTOBER 20, 2016 CITY HALL, COUNCIL CHAMBERS 55 SOUTHEAST 3R0 AVENUE OKEECHOBEE, FLORIDA 34974 I. CALL TO ORDER OCTOBER 20, 2016, 10:00 a.m. - Chairperson. II. STAFF ATTENDANCE - Secretary. Voting Members: David Allen, Public Works Director Bob Peterson, Interim Police Chief Marcos Montes De Oca, City Administrator Jeffery Newell, Building Official Herb Smith, Fire Chief Non - Voting Ex- Officio Members: Bill Brisson, Senior Planner, LaRue Planning and Management John Cook, City Attorney John Hayford, Okeechobee Utility Authority Doug McCoy, Okeechobee County Health Department School Representative Patty Burnette, Secretary III. AGENDA - Chairperson. A. Requests for the deferral or withdrawal of items on today's agenda. IV. MINUTES — Secretary. A. Motion to dispense with the reading and approve the Minutes for the regular meeting of September 15, 2016. V. NEW BUSINESS — Chairperson. A. Abandonment of Right -of -Way Petition No. 16- 003 -AC, to abandon the 20 -foot wide East/West alleyway between Lots 1 to 6 and 7 to 12 of Block 44, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, located in the 800 block of NW 9th Street. 1. Review Planning Staff Report. 2. City Staff comments. 3. Hear from Property Owner or Designee /Agent — Robert Gent, Okeechobee Asphalt & Ready Mixed Concrete, Inc. /Steven Dobbs, Project Engineer. 4. Public comments or questions from those in attendance, or submitted to the Committee Secretary. 5. Disclosure of Ex -Parte Communications' by the Committee. 6. a) Consideration of a motion to recommend to the Planning Board to approve or deny the Petition with /without special conditions. b) Discussion. c) Vote on motion. VI. ADJOURNMENT — Chairperson. 1 iPer Resolution No. 1997 -05 Officials must disclose any communication received including the identity of the person, group, or entity; written communication may be read if not received by all Board Members; disclose any site visits made; disclose any expert opinions received; disclose any investigations made; disclosures must be made prior to the vote taken. Persons who have opinions contrary to those expressed in the ex -parte communication are given a reasonable opportunity to refute or respond. Please be advised that should you intend to show any document, picture, video or items to the Board in support or opposition to any item on the Agenda; a copy of the document, picture, video or item MUST be provided to the Board Secretary for the City's records. ANY PERSON DECIDING TO APPEAL any decision made by the Technical Review Committee with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Department, no later than two business days prior to the proceeding, 863 - 763 -3372. 2 1DEPENDENT NEWSMEDIA INC. USA Okeechobee Mews 107 SW 17th Streets Sid ie D Okeechobee, Florid3;:9j 863 - 763 -3134 '..., STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a ,4„ in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Sworn to 1n_d s t o l`/ /of G 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. bscribed i day / of //_ Sworn Katrina Elsken Notary Public, State of Florida at Large 1 ..eL 1(dth ANGIE BRIDGES MY COMMISSION # FF 976140 EXPIRES: Mil 20,2020 Bonded Miro Notary Public Underwriter: i PUBLIC NOTICE TECHNICAL REVIEW COMMITTEE MEETING NOTICE IS HEREBY GIVEN that the City of Okeechobee Tedmical Re- view Committee (TRC) will conduct a regular meeting-on Thu, Oct. 20 2016 at 10 AM, or as soon thereafter as possible, at City Hall, 55 SE 3n1 Ave, k m 200, Okeechobee, FL The public is invited and encouraged to at- tend. The agenda may be obtained from cityofokeechobee.com or by calling the General Services Office, 863 - 763 -3372 x218. ANY PERSON DECIDING TO APPEAL any decision made by the TRC with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding Is made and the record includes the testi- mony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs spedal accommodation to participate in this proceeding, contact the General Services Departrnent no later than two business days prior to proceeding, 863- 763 -3371 BE ADVISED that should you Intend to show any document, picture, video or Poems to the TRC In support or opposition to any Item on the agenda, a copy of the document, picture, video, or item. MUST be provided to the Committee Secretary for the City's records. By: By: Clt Administrator Marcos Montes De Oca PAGE 1 ABANDONMENT OF RIGHT -OF -WAY PETITION CITY OF OKEECHOBEE General Services Department 55 Southeast 3rd Street Okeechobee, Florida 34974 863 - 763 -3372 X 218 Fax: 863 - 763 -1686 PETITION NO. 16-0C6-A0- Application fee (non- refundable) $600.00 Note: (Resolution No. 98 -11) Schedule of Land Development Regulation Fees and Charges When the cost for advertising publishing and hearings exceeds Date Fee Paid: q -[p -ICI Receipt No: 1-1 ctg 3 TRC Meeting: Publication Date: �� - a�`�� Letters Mailed: VA PB /BOA Meeting: Publication Dates: I I- �7 4LI Letters Mailed: mailing notices of public established fee, or when a professional -feAi v consultant is hired to advise the city on the4i` application, the applicant shall pay the actual costs. City Council 1st Reading: j . 1_r/i CMR Letter E- mailed: City Council Public Hearing: ublication Date: Ia-a() -lit Right-of-way Definition: Land dedicated, deeded, used, or to be used for a street, alley, walkway, boulevard, drainage facility, access for ingress or egress, or other purpose by the public, certain designated individuals, or governing bodies. [F.S. Ch. 177 § 177.031(16)]. Easements for roads and related purposes shall be considered as right -of -way. Legal Description of the Right -of -Way to be Abandoned: See attached page for legal description. Note: Upon abandonment of a right -of -way in the City of Okeechobee or First Addition of City of Okeechobee Subdivision's, there may be a Fee Simple Interest from the Hamrick Trust. For more information contact Gil Culbreth, 3550 US Hwy 441 South, Okeechobee, Florida 34974, 863 - 763 -3154. Purpose of the Right -of -Way Abandonment: The Right -of -Way is currently not being used and should not needed into the future as a Right -of -Way. Okeechobee Asphalt & Ready Mixed Concrete, Inc. Abandonment Legal Description THE 20.0 FEET WIDE ALLEY IN BLOCK 44 LYING BETWEEN NW 9TH AVENUE AND NW 8TH AVENUE, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PAGE 2 PETITION NO. l bP - 003 -AT-- 4 Name of property owner(s): Okeechobee Asphalt & Ready Mixed Concrete Owner(s) mailing address: P.O. Box 1994, Okeechobee, FL 34973 Owner(s) e-mail address: jPalmer @Iynchpaving.com . Owner(s) daytime phone(s): (863) 763 -7373 Fax: Required Attachments NCopy of recorded deed of petitioner as well as any other property owner whose property �`�y` is contiguous to the right -of -way. Letters of Consent or Objection. (If more than one property owner is involved and they are not signing the petition). SEE NOTE BELOW FOR ADDITIONAL INSTRUCTIONS V Location map of subject property and surrounding area within 100' (See Information Request Form attached) and dimensions of right -of -way. List of all property owners within 300' of subject property (See Information Request Form attached) ✓ Site Plan of property after abandonment. (No larger than 11x 17) v' Utility Companies Authorization Form. (See attached) ✓ Supplementary supporting information: Copy of recorded Plat of the Subdivision where right -of -way exists no larger than 11x17. (Can be obtained from the County Clerk's Office, Court House) PLEASE NOTE: If there are other property owners that are contiguous to the subject right -of- way, a notarized letter must be attached with the following information: date, their name(s), what property they own, and whether they object to or consent to the right -of -way abandonment (See attached sample letter) Confirmation of Information Accuracy I hereby certify that the information contained in and /or attached with this petition is correct. The information included in this petition is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this petition. ob Gent ct-1 Signature Printed Name Date PLEASE COMPLETE THE FOLLOWING FINDINGS REQUIRED FOR GRANTING A VACATION OF RIGHTS -OF -WAYS (Sec. 78 -33, page CD78:4 in the LDR's) It is the Petitioner's responsibility to convince the Technical Review Committee, Planning Board /BOA and City Council that approval of the proposed vacation is justified. Specifically, the Petitioner should provide in his /her application and presentation sufficient explanation and documentation to convince the reviewing body to find that: 1. Proposed vacation is consistent with the Comprehensive Plan: Yes, the vacation is consistent with the City's Comprehensive Plan. The City's Comprehensive Plan defines a Right - of Way as "Land in which the state, a county, of a municipality owns the fee simple title or has an easement dedicated or required for a transportation or utility use. (9J- S.UU33 Y. A. C.). Since the alleys have no current uses nor any fursceaLlc -would uses, they meet the requirement of-abandonment. Th ;.tast- westalley in block 44 is tutafly owned by the owner on both sides and would have no impact on any other property owner_ 2. Right -of -way to be vacated is not the sole access to any property, and the remaining access is not an easement: This request meets this standard. to maintain and tetuim the land to the tax tolls. 3. Proposed vacation is in the public interest and provides a benefit to the City: The existing alleys in block 44 are currently unused and have no immediate or future use. This is in the public interest and a benefit to the City to remove the existing Rights of Way. This will reduce the land the City is required to maintain and tetuim the land to the tax tolls. 4. Proposed vacation would not jeopardize the location of any utility. Since there are no utilities in the existing alleys in Block 44 there is no jeopardy to any utilities. The City Staff will, in the Staff Report, address the request and evaluate it and the Petitioner's submission in light of the above criteria and offer a recommendation for approval or denial). Prepared by and return to: JOHN D. CASSELS, JR. Partner CASSELS & MCCALL 400 NW 2nd Street Okeechobee, FL 34972 863- 763 -3131 File No.: 8081 Parcel Identification No. 3-15-37-35-0010-00440-0060 11111111111111 1111111111111111111111111 FILE NUM 2015006332 OR BY. 762 PG 428 SHARON ROBERTSON? CLERK. OF CIRCUIT COURT OKEECHOBEE COUNTY? FLORIDA RECORDED 07/07/2015 09:57:31 AM AMT $50,000.00 RECORDING FEES $10.00 DEED DOC $350.00 RECORDED BY M Pinon Ps 428; (1 os) [Space Above This Line For Recording Data] Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 6th day of July, 2015 Between OMIE LEAN JENKINS, a single woman whose post office address is 808 NW 9th Avenue, Okeechobee, FL 34972 of the County of Okeechobee, State of Florida, grantor*, and OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC., a Florida corporation whose post office address is PO Box 1994, Okeechobee, FL 34973 of the County of Okeechobee, State of Florida, grantee*, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said 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: LOT 6, BLOCK 44, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. 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 or plural, as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Sign 1 , s aled any; del red in our presence: 'k`�sV°�^ �e,.,,�r,w.d� Pe- i-ft L ..25a�2u14�,��.._ - PoR 741.,-- 47—�J1.►Jur, JTh Witn - s Na atCu_ru • •.. 1.lirf . . State of Florida County of Okeechobee OMIE LEAN JENKINS by DOROTHY JENKINS RIECK as her Attorney In Fact The foregoing instrument was acknowledged before me this 6th day of July, 2015 b JENKINS RIECK, as her Attomey In Fact, who [, is personally known . [ identification. [Notary Seal] OMIE LEAN JJNKINS by DOROTHY has products}' (� as Book762 /Page428 CFN #2015006332 Page 1 of 1 This instrument prepared by and return to: United Title Agencies I Inc. 1315 N. Dixie Highway, Lake Worth„ Florida, 33460 w.c. File # 11-4-0-218 Tax folio #: 3- 15- 37 -35- 0010 -0440 -0030 Warranty Deed FILE NUM 2011004416 OR BK 00700 PG 1330 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 05/05/2011 12:14:05 Ph ALIT 60, 000.00 RECORDING FEES 310.00 DEED DOC 3420.00 RECORDED BY S Creech Ps 1330; (ips) This Indenture, made this 27th., day of April, 2011, Between Curtis Parks, a single man, and Alma Grace, a single woman, grantor *, Whose post office address is: 3824 N.W. 7th. Street, Okeechobee, Florida 34972 and Okeechobee Asphalt and Ready Mixed Concrete, Inc., a Florida Corporation, grantee *. whose post office address is P.O. Box 1994, Okeechobee, Florida 34973 Witnesseth: That said grantor, for and in consideration of the sum of $10.00 (Ten dollars) and other good and valuable considerations to said grantor in hand paid by said 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 3, 4, 5, Block 44, And the North 40 feet of Lots 7, 8, 9 and 10, Block44, Okeechobee, according to the plat thereof, recorded In Plat Book 2, Page 17, Public Retards of St. Lucie County, Florida and Plat Book 5, Page(s) 5, of the Public Records of Okeechobee County, Florida. TO HAVE AND TO HOLD the same together with all and singular the Tenements, hereditaments, and appurtenances there unto belonging or in anywise appertaining, and all the estate, right title, interest, lien, equity and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit and behoof of the said Grantee in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2010. Subject to restrictions, reservations, easements and limitations of record, if any, provided that this shall not serve to reimpose same, zoning ordinances, and taxes for the current year and subsequent years. *"Grantor ", "person ", "he ", "she ", "it ", "they", and "grantee" or the like shall include singular, plural, past and future tense without distinguishment and shall be considered in its proper tense, time & gender as text may require or admit. In Witness Whereof, Grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our.'resence. 44.6' !, t!j'cu Witness: C 1.µ✓/es C. lJaollro,ih STATE OF Florida A /776Z.. COUNTY OF Okeechobee (SEAL) The foregoing instrument was acknowledged before me this 27th. day of April, 2011, by Curtis Parks, a single man, and Alms Grace, a single woman, who is personally known to me or who has produced a take an oath. drivers license as identification and who did My Commission expires: Book700 /Page1330 CFN #2011004416 Page 1 of 1 /7, if, V 4, 431.6'1' Parcel ID Number: 3- 15- 37 -35- 0010 - 00440 -0010 Prepared by and return to: SuS1E BURK Okee - Tantie Title Company, Inc. 105 NW 6th Street Okeechobee, Florida 34972 FILE NO. 31414 Warranty Deed FILE NUM 2011005545 OR BK 00701 PG 1614 SHARON ROBERTSON? CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY? FLORIDA RECORDED 06/07/2011 03:05:35 P11 ALIT 62,500.00 RECORDING FEES $18.50 DEED DDC $437.50 RECORDED BY h Pinon Pas 1614 - 1615; (2pss) This Indenture, Executed this June 6, 2011 A.D. Between DAN BUCHANAN a/k/a DANNY R. BUCHANAN, AN UNMARRIED MAN, whose address is 801 NW 8TH AVE, OKEECHOBEE, FL 34972, hereinafter called the grantor, to OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC., a Florida Corporation, whose post office address is: P. O. BOX 1994, OKEECHOBEE, FL 34973, hereinafter called the grantee: (Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in OKEECHOBEE County, Florida, viz: Legal Description as Exhibit "A" Parcel ID Number: 3-15-37-35-0010-00440-0010 Subject to covenants, restrictions, easements of record and taxes for the current year. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 201V. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed an deed in our presence: Witness Printed Name Sylvia E. Burk State of Florida County of Okeechobee UCHAN 801 NW a/k/a DANNY R. BUCHANAN TH AVE, OKEECHOBEE, FL 34972 (Seal) The foregoing instrument was acknowledged before me this June 6, 2011, by DAN BUC.i' a/lr/a rANNY R. BUCHANAN, AN UNMARRIED MAN, who is/are personally known to me or who has produced a dri s .� nse a '. entification. r SYLVIA E. BURK MY COMMISSION # EE002520 EXPIRES February 13, 2015 (407) 348-0153 flo,id,Nots .mm My Commission Expires Book701 /Page1614 CFN #2011005545 Page 1 of 2 Exhibit "A" PARCEL I: LOTS 1 AND 2 OF BLOCK 44, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA PARCEL # 3- 15- 37 -35- 0010 - 00440 -0010 AND A_ A PARCEL II: LOT 3, BLOCK 41, CITY OF OKEECHOBEE, ACORDING TO THE PLAT THEREOF a� RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA mot" PARCEL#3- 15- 37 -35- 0010- 00410 -0030 AND PARCEL III: THE NORTH 40 FEET OF LOT 11 AND 12, BLOCK 44, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA, ALSO BEING RECORDED PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. (ss /rc'11) PARCEL# 3- 15- 37 -35- 0010 - 00440 -0110 File Number: 31414 Legal Description with Non Homestead Closer's Choice Book701 /Page1615 CFN #2011005545 Page 2 of 2 CITY OF OKEECHOBEE RIGHT -OF -WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must he signed and dated with a contact number for each uerson. Florida Power & Light f e(- --%„p, s N v d b `5e c-- t uv1 863- 467 -3721 or - ra A n4 drivx e. I' a - c Ai& Donna Padgett 863- 467 -3708 lb-C2-%---- Q R,R, t 1 (t -31 It. Authorized Signature Typed Nanie & Title Phone No. Date Century Link 863 - 452 -3473 Tess Bentayou tess,bentayo@centurylink.com Authorized Signature Typed Nanie & Title Phone No. Date Comcast Cable 863- 763 -2824 107 NW 7th Avenue Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority John Hayford 863- 763 -9460 100 SW 5th Avenue Authorized Signature Typed Name &Title Phone No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate Date Gil Culbreth, Co- Trustee 863- 763 -3154 Authorized Signature Typed Name & Title Phone No. Date CenturyLink- LETTER OF NO OBJECTION June 9, 2016 Mr. Steven L. Dobbs, P. E. SLD Engineering 1062 Jakes Way Okeechobee, FL 34974 SUBJECT: PROPOSED VACATE OF THAT CERTAIN EAST/WEST ALLEY LYING IN BLOCK 44, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OKEECHOBEE, FLORIDA. Dear Mr. Dobbs: Please be advised that Embarq Florida, Inc. DB /A CenturyLink ( "CenturyLink ") has no objection to the proposed vacation and abandonment of that certain 20' wide alley bounded by NW 8th Avenue on the West and by NW 9th Avenue on the East and being more particularly described as follows: THAT CERTAIN 20' WIDE EAST/WEST ALLEY LYING IN BLOCK 44, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREFORE RECORDED IN PLAT BOOK 1, ON PAGE 10, IN THE PUBLIC RECORDS OF OKEECHOBEE, FLORIDA. The subject alley is depicted on the attached sketch. The adjacent lands have an address of 808 NW 9th Ave, Okeechobee, Florida, and an Okeechobee County Tax Identification Number of 3- 15 -37 -35 -0010- 00440 -0060. Should there be any questions or concerns, please contact me at 407 - 814 -5318 or by email at Victoria .bucher@centurvlink.com. Sincerely EMB4R /Q FLORIDA, INC., DB /A/ CENTURYLINK // Victoria S. Bucher, SR/W, Network Real Estate C: K. Lutz, CenturyLink AC, R/W -NAC 33 North Main Street Winter Garden, FL 34787 Tel: 407 -814 -5318 Victoria.bucher ©centurylink.cor www.centurvlink.com 1 ;1:174'ATTr?. --f1.471? AM: ttt. • urxecetorw. 200.00Vhc) > . ,;;;•i - --/ ...r, .-.: A.= I o > - : .1 if ,....iint frcatAFFLY) ;,•,!.,-43 r I Cii11)4 EAS! COAS7 0.■ c..., .... ....a r,--sq 1..0 ,,,,,t FAILWA t (AEANLYZNED) 7.- -- --217^1gr,;:r. — rm. pAR:o mt. r.1 4( 1 13A-9 isg r OKEECHOBEE ASPHALT — 2 191 r. -Lc ..--W-.r- r, ii .71.' r.1-3E. - 7.-7 1 E READY MIXED CONCRETE INC. . .-_-: ___L s'72....,..., .1! I, 1,14 ' .., li 1..TINC II lr !I Id il OKEECHOBEE COUNTY, FLORIDA i it 13 i . __ . __ r.. . :.t...............i.s.. .............................„.....34/L2........,....2.....x"ncetio ,......,...„._....:L.............,....______..,.....,...tj._._..................,_j_ _ .•:.,,,.4.,.-7,,■,1,1..._...*..,_...,. ',... ;,----:,-, 1,-4,.;;;-”,- , - - , nr. ,-:-:---;i:-nt •,,- :•:7:-.4,--::-.--:.-„-.7.--,i-,:--------4;.,ir17.7. --;' .: r•r-■ t, 1. -.:.,-,, :— II' ,' _---z_- _ . . _ -IA- -1'," 1 kgi 1... , r f• c: e 1 r`, CITY OF OKEECHOBEE RIGHT -OF -WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Florida Power & Light 863 - 467 -3721 or Donna Padgett 863- 467 -3708 Authorized Signature Typed Name & Title Phone No. Date Century Link 863 - 452 -3473 Tess Bentayou te5sbenta3 LOsenturylitllt.corn Authorized Signature Typed Name & Title Phone No. Date Comcast Cable .' A i b't L John Hayford 863 - 763 -9460 A 100SW5thAvenue MigNk.ri U. 863- 763 -2824 107 NW 7th Avenue t.... j e 0--.., r � - -«--- i, \� 3 v� , 'i n , �\e ,e-G• �r -!1 4 Authorized tSigi6ttire Typed Name & Title ?1) 3 /C- -•-a—i Phone No. Date Okeechobee Utility Authority .' A i b't L John Hayford 863 - 763 -9460 A 100SW5thAvenue MigNk.ri U. Authorized Signature Typed Name & Title *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO \iktiliOF OKEECHOBEE SUBDIVISIONS • FORE late NG Hamrick Estate ,3 t. l rdf 6 ,. 4) Gil Culbreth, Co- Trustee 863 - 763 -3154 Authorized Signature Typed Name & Title Phone No. Date CITY OF OKEECHOBEE RIGHT -OF -WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Florida Power & Light 863 - 467 -3721 or Donna Padgett 863 - 467 -3708 Authorized Signature Typed Name & Title Phone No. Date Century Link ik-band on Msni- 863 - 452 -3473 --il.b--(L'+ plle In [beck `itt Lie +wecn Tess Bentayou /1.-e not, tess.bentayoPcenturylink.com PO Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863 - 763 -2824 107 NW 7th Avenue Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority ik-band on Msni- OR-44. --il.b--(L'+ plle In [beck `itt Lie +wecn John Hayford /1.-e not, anti PO WA A-ten tie-- (ji J- a.P Ak ecchohe e. 863 - 763 -9460 lUO 1 b13,TECTIDUS 100 SW 5m Avenue / n _. 3- orized Sign Typed Name & Title a- 71.3 -5 0 7/74 Phone No. Date *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate Gil Culbreth, Co- Trustee 863 - 763 -3154 Authorized Signature Typed Name & Title Phone No. Date CITY OF OKEECHOBEE RIGHT -OF -WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Florida Power & Light 863 - 467 -3721 or Donna Padgett 863 - 467 -3708 Authorized Signature Typed Name & Title Phone No. Date Century Link 7 7 / 4.1/L i c 1< 7 cc.s'T p c..► AL.- Ttf. --___._ 863 - 452 -3473 S / s? pit / wrizt,t a--r- /ns TA-41 .q- /le 7,43037 iN a /oc.• Tess Bentayou e':-7 o c- okE4-choice. tess.bentayo@centurylink.com Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863 - 763 -2824 107 NW 7th Avenue Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority John Hayford 863 - 763 -9460 100 SW 5th Avenue Authorized Signature Typed Name & Title Phone No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Date Hamrick•Estate. 77tLLs7 -"- 7 7 / 4.1/L i c 1< 7 cc.s'T p c..► AL.- Ttf. --___._ Gil Culbreth, Co- Trustee S / s? pit / wrizt,t a--r- /ns TA-41 .q- /le 7,43037 iN a /oc.• 863 - 763 -3154 e':-7 o c- okE4-choice. 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H01r 1110019 r 01111 1.01 01013 '311Nf100 310111 •110 338070 '3•R3>10 8Z 6Z IZ 03 91 9.Z 2.1 Staff Report AIIey Abandonment Prepared for: The City of Okeechobee Applicant: Okeechobee Asphalt and Ready -Mixed Concrete Petition No.: 16-003-AC �t '_! t� Planning & Management Services, Inc. 1.375 Jackson Street, Suite 206 ' . Fort \lyers. Florida 239 -334 -3366 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete Vacation of an unimproved east -west alley in Block 44 Request The matter before the TRC is an application to vacate /abandon the 300 -foot long, 20 -foot wide alley in Block 44 between NW 8th and 9th Avenues, more particularly described in the legal description of the property. The requested abandonment encompasses about 0.14 acres. General Information Owner Site Address Owner E -mail Address Contact Person Contact Phone Number Contact E -mail Address Okeechobee Asphalt & Ready Mixed Concrete P.O. Box 1994 Okeechobee, FL 34973 The east -west alley in Block 44 between NW 8th and 9th Avenues jpalmer @lynchpaving.com Stephen L. Dobbs 863 - 824 -7644 sdobbs @stevedobbsengineering.com Legal Description of Subject Property THE 20.0 FEET WIDE ALLEY IN BLOCK 44 LYING BETWEEN NW 9TH AVENUE AND NW 8TH AVENUE, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Characteristics of the Subject Property Future Land Use Map Classification Zoning District Use of Property Acreage Existing Proposed IND, Industrial Vacant, unimproved alley 0.14 acres IND, Industrial Materials storage 0.14 acres Serving Florida Local Governments Since 1988 2 Staff Report Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete Vacation of an unimproved east -west alley in Block 44 Description of the Subject Site and Surrounding Area The subject of the abandonment/vacation is the 20' by 300' vacant, unimproved alley in Block 44. The property owner, Okeechobee Asphalt & Ready Mixed Concrete, owns all the lands to the north and south of the alley, all of which are vacant. The following aerial photograph depicts the right -of -way proposed to be abandoned and the surrounding areas. Consistency with Sec. 78 -33, Vacation of Rights -of -Way Sec. 78.33 states that applications to vacate a public right -of -way may be approved upon a finding by the City Council that the following requirements have been met. The Applicant's responses are provided in Times Roman typeface, and are repeated below exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff Comments are in Segoe Print. Serving Florida Loral Governments Since 19 4' 3 Staff Report Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete Vacation of an unimproved east -west alley in Block 44 REQUIREMENT STAFF COMMENTS 1. Proposed vacation is consistent with the Comprehensive Plan. "Yes, the vacation is consistent with the City's Comprehensive Plan. The City's Comprehensive Plan defines a Right - of Way as "Land in which the state, a county, of a municipality owns the fee simple title or has an easement dedicated or required for a transportation or utility use. (9J- 5.0033 F. A. C.). Since the alleys have no current uses nor any fore seeable uses, they would meet the requirement of abandonment. This east -west alley in Block 44 is totally owned by the owner on both sides and would have no impact on any other property." There is nothing in the City's Comprehensive P /an concerning abandonment /vacation of alleys. The properties to both the north and south are all owned by Okeechobee Asphalt and are designated industrial on the Future Land Use Map and are also zoned industrial some of which have been the subjects of recent approva /s of a Sma / /Scale Amendment (SSA) and /or Rezoning to industrial. The property to be abandoned will be used for materials storage in the same manner as the surrounding properties owned by Okeechobee Asphalt. 2. Right -of -way to be vacated is not the sole access to any property, and the remaining access is not an easement. "This request meets this standard." The alley /s not the sole means of access to any property. 3. Proposed vacation is in the public interest and provides a benefit to the City. "The existing alleys in block 44 are currently unused and have no immedi- ate or future use. This is in the public interest and a benefit to the City to remove the existing Rights of Way. This will reduce the land the City is required to maintain and return the land to the tax rolls" We agree with the Applicants assessment of the pub /ic benefits associated with abandonment/ vacation of the subject alley 4. Proposed vacation would not jeopardize the location of any utility. "Since there are no utilities in the exist- ing alleys in Block 44 there is no jeopardy to any utilities." We agree. The Applicant has submitted Letters of No Objection From CenturyLink and signed Utility Company Authorizations from FPL, Comcast, and OUA. Serving Florida Local Governments Since 1988 4 Staff Report Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete Vacation of an unimproved east -west alley in Block 44 Recommendation Based on the foregoing information and analysis, we believe, from a planning perspec- tive, that the requested alley vacation /abandonment is consistent with the require- ments of Sec. 78 -33. Submitted by: Wm. F. Brisson, AICP Sr. Planner LaRue Planning & Management October 11, 2016 TRC Meeting: October 20, 2016 PB /BOA Meeting: November 17, 2016 City Council 1st Reading: December 6, 2016 (Tentative) City Council 2nd Reading and Public Hearing: December 20, 2016 (Tentative) Serving Florida Local Governments Since 1988 5