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2003-02-18 RegularCITY OF OKEECHOBEE FEBRUARY 18,2003 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION AGENDA 1. CALL TO ORDER - Mayor February 18, 2003, City Council Regular Meeting, 6:00 p.m. 11. OPENING CEREMONIES: Invocation given by Pastor Scott Seidler; Pledge of Allegiance led by Mayor Kirk. 111. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A, Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R, Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea Deputy Clerk Adriana Berry IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Acton for the February 4, 2003 Regular Meeting. PAGE 1 OF 10 COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk called the February 18, 2003 Regular City Council Meeting to order at 6:00 p.m. Invocation was offered by Pastor Larry Kilgore in absence of Pastor Scott Seidler; Mayor Kirk led the pledge of allegiance. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Council Member Chandler moved to dispense with the reading and approve the Summary of Council Acton for the February 4, 2003 Regular Meeting; seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. FEBRUARY 19, 2003 - REGULAR MEETING - PAGE 2 OF 10 11 AGENDA M COUNCIL AC71ON - DISCUSSION - VOTE 0 V. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on todays Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. I New Business Item E was added to the agenda. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor I MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:06 P.M. A. 1. a) Motion to read by title only proposed Ordinance No. 814 regarding Council Member Wafford moved to read by title only proposed Ordinance No. 814 regarding Rezoning Application No. Rezoning Application No. 03-001-R submitted by Okeechobee 03-001-R submitted by Okeechobee County; seconded by Council Member Markham. County - City Attorney (Exhibit 1). 1 b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA MWHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney read proposed Ordinance No. 814 by title only. AtIorney Cook read proposed Ordinance No. 814 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMERCIAL PROFESSIONALAND OFFICE (CPO)ZONING DISTRICTM PUBLIC (PUB)ZONING DISTRICT, AMENDING THE M ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABIUTY AND AN EFFECTIVE DATE." 2. a) Motion to adopt Ordinance No. 814. M Council Member Markham moved to adopt proposed Ordinance No. 814; seconded by Council Member Chandler. b) Public Comments. M Mayor Kirk asked whether there were any questions or comments from the public. There were none. This ordinance pertains to Rezoning Application No. 03-001-R submitled by the Board of Okeechobee County Comrnissioners, The request is to rezone Lots I to 12 of Block 125, City of Okeechobee, from Commercial Professional Office (CPO) to Public Use (PUB). This is the site of the new County Courthouse/Judicial Complex. 487 488 FEBRUARY 18, 2003 - REGULAR MEETING - PAGE 3 OF 10 IF777 AGENDA- COUNCIL ACTION - DISCUSSION -VOTE V1. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public Comments continued. City Planning Staff Report reflects that while the application is consistent with City's Comprehensive Plan, there are traffic and parking impacts that will be addressed during final site plan approval by the Technical Review Committee. The proposed use is authorized under the zoning district. It will not have an adverse effect on public interest. The location is reasonably compatible with adjacent land uses, it is not contrary or detrimental to urbanizing land use patterns. The use will not adversely affect property values, it can be buffered from surrounding uses, and it will not over burden public facilities. Any impacts creating traffic congestion, flooding, drainage problems or public safety will be addressed during final site plan approval. The proposed use has not been in ordinately burdened nor will it constitute a grant of special privilege. Planning Staff is recommending approval. Based on the above information, the City Planning Board considered the application at their January 28, 2003 meeting and voted unanimously to recommend approval to the City Council. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM -YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B. 1 a) Motion to read by title only proposed Ordinance No. 815 amending Council Member Watford moved to read by title only proposed Ordinance No. 815 amending Sections 452, 454 and Sections 452, 454 and 474 of the Land Development Regulations 474 of the Land Development Regulations (LDR's) pertaining to modification of parking and loading space (LDR's) pertaining to modification of parking and loading space requirements; seconded by Council Member Markham, requirements - City Attorney (Exhibit 2). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA MARKHAM -YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. FEBRUARY 18, 2003 - REGULAR MEETING - PAGE 4 OF 10 AGENDA III COU NCIL ACTION - DISCUSSION - VOTE VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 1. c) City Attorney read proposed Ordinance No. 815 by title only. Attorney Cook read proposed Ordinance No. 815 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY SECTIONS 452 MODIFICATION OF PARKING AND LOADING SPACE REQUIREMENTS, SECTION 454 REDUCTION OF PARKINGSPACE REQUIREMENTSIN COMMERCIAL DISTRICTSAND SECTION 474 OFF-STREET PARKING SPACE REGULATIONS INSTITUTIONAL USES; PROVIDING FOR INCLUSION OF PUBLIC USE REGULATIONS; PROVIDING FOR OFF-STREET VARIANCES; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt Ordinance No. 815. 111 Council Member Chandler moved to adopt proposed Ordinance No. 815; seconded by Council Member Williams. b) Public Comments. Mayor Kirk asked whether there were any comments or question from the public. There was a lengthy discussion between the Council, Administrator Veach, Attorney Cook, Planning Consultant Murray, County Commissioner Hazellief, County Administrator Long and County Planning Director Royce, Supplemental documentation was distributed pertaining to comparisons of parking requirements in various other cities. A preliminary site plan of available on -street parking for the surrounding project (new Court House). A detailed listing of off-street and on -street parking requirements based on the proposed amendment; and a comparison of parking space requirements for government buildings. Council Member Watford strongly urged the Council not to adopt the ordinance. The proposed amendments in this ordinance will change the formula for parking calculations from "gross" to "net" floor area and allow for a waiver to reduce parking by an additional 50 percent. While Council Member Watford agreed that the City wanted to assist the County to make this project a reality. He did not want the City to betaken advantage of and in his opinion the proposed amendments in this ordinance would do that. It is obvious that the County cannot meet the parking requirements for the project. They need to address the parking situation by purchasing the necessary lands to have adequate off-street parking as our current regulations provide. Council Member Watford moved to amend proposed Ordinance No. 815 by deleting net floor space (this would keep the parking calculation formula at gross area). Mayor Kirk called for a second three times. Motion died for lack of second. qq* FEBRUARY 18,2003 - REGULAR MEETING - PAGE 5 OF 10 11 AGENDA III COUNCIL ACTION - DISCUSSION -VOTE 11 M. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Public Comments continued. The Council and County representatives present agreed that after the site plan is submitted to the Technical Review Committee and should the Committee found that the County was still lacking in required parking spaces, causing the County to request a waiver for off-street parking, an agreement would also accompany the waiver. The agreement will hold the County responsible for readdressing parking requirements should it become a problem in the future; and 11 at the County's expense. Discussion ensued, Council Member Chandler called the question. 0 Vote on motion, VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - NAY WILLIAMS - YEA MOTION CARRIED. C.11.a) Motion to read by title only proposed Ordinance No. 816 amending Council Member Watford moved to read by title only proposed Ordinance No. 816 amending Sections 395, 754, 758 Sections 395, 754, 758 and 759 of the Land Development and 759 of the Land Development Regulations (LDR's) pertaining to transfer, extension or repair of non -conforming Regulations (LDR's) pertaining to transfer, extension or repair of structures; seconded by Council Member Markham. non-Gonforming structures - City Attorney (Exhibit 3). b) Vote on motion to ready by title only, VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. FEBRUARY 18,2003 - REGULAR MEETING - PAGE 6 OF 10 11 AGENDA III COUNCIL ACTION - DISCUSSION -VOTE 11 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 1. c) City Attorney read proposed Ordinance No. 816 by title only 2. a) Motion to adopt Ordinance No. 816. b) Public Comments. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. V111. NEW BUSINESS. Attorney Cook read proposed Ordinance No. 816 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY SECTION 395 CENTRAL BUSINESS ZONING DISTRICT ADDITIONAL REGULATIONS, SECTION 754 CHANGE OR TRANSFER OF NONCONFORMING USE OR STRUCTURE, SECTION 758 EXTENSION OF NONCONFORMING STRUCTURE, SECTION 759 REPAIROF NONCONFORMING STRUCTURE OR USE; PROVIDING FOR EXTENSIONS OF NONCONFORMING STRUCTURES IN CERTAIN INSTANCES; PROVIDING FOR REPAIR OF NON -CONFORMING STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 816; seconded by Council Member Williams. Mayor Kirk asked whether there were any question or comments from the public. There were none. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 7:18 P.M, A. 1. a) Motion to read by title only and set March 18, 2003 as a public Council Member Watford moved to read by title only and set March 18, 2003 as a public hearing date for proposed hearing date for proposed Ordinance No. 817 regarding Alley Ordinance No. 817 regarding Alley Closing Application No. 67 submitted by Okeechobee Commons, Too; seconded Closing Application No. 67 submitted by Okeechobee Commons, by Council Member Markham, Too - City Attorney (Exhibit 4). 491 492 FEBRUARY 18, 2003 - REGULAR MEETING - PAGE 7 OF 10 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 VII. NEW BUSINESS CONTINUED. A. 1. b) Vote on motion to read by title only and set public hearing date. c) City Attorney read proposed Ordinance No. 817 by title only 2. a) Motion to approve the first reading of Ordinance No. 817 b) Discussion. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 817 by title only as follows and noted a correction, the word "revision" will read "reverter": "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 20, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMENTFOR PUBLIC UTILITY PURPOSES; RETAINING A RIGHT OF REVISION; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." Council Member Markham moved to approve the first reading of proposed Ordinance No. 817; seconded by Council Member Chandler. Okeechobee Too, Ltd. (also known as The Heritage Company) submitted Alley Closing Application No. 67. The application requests the closing of the Eastto West alleyway in Block 20, City of Okeechobee. The purpose the of the closing is to facilitate a safe and amenable community for the elderly and handicapped that they plan to build. As requested by the Public Works Department, the reverter clause allows the developer twenty-four months to complete the project or the ordinance is deemed null and void. An easement for the West twenty-five feet is also addressed, VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED FEBRUARY 18, 2003 - REGULAR MEETING - PAGE 8 OF 10 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 V11. NEW BUSINESS CONTINUED. B. Motion to approve an expenditure of $7,729.36 for the September Council Member Watford moved to approve an expenditure in the amount of seven thousand seven hundred twenty- 10, 2002 Special Election and the November 5, 2002 General nine dollars and thirty-six cents ($7,729,36) for the September 10, 2002 Special Election and the November 5, 2002 Election to the Okeechobee County Supervisor of Elections - City General Election to the Okeechobee County Supervisor of Elections; seconded by Council Member Markham, Clerk (Exhibit 4). Council Member Watford questioned various expenditures on the detailed invoice stating he did not realize that the City paid for the poll workers and rental of the polling places, Clerk Gamiotea was instructed to research how the billing method was formulated. Council Member Williams moved to table. Mayor Kirk called for a second three times. Motion died for lack of second. There was a brief discussion as to the time frame for the invoice to be paid. Council Member Markham called the question. Council Member Williams moved to table this item until the next meeting giving the Clerk time to present the Council with the above reguested information. Council Member Watford interjected for point of order stating that calling the question requires a second. Mayor Kirk asked Attorney Cook for clarification, He advised that the motion to table took precedence, Council Member Wafford seconded the motion to table. VOTE KIRK - YEA CHANDLER - NAY MARKHAM - NAY WATFORD - YEA WILLIAMS - YEA MOTION CARRIED To TABLE Tom Jones from the Departmentof Juvenile Justice addressed the Council requesting thatthe one hour parking signs C. Discussion pertaining to parking issues on Southwest Fifth Avenue - along Southwest 5" Avenue be removed. Police Chief Davis interjected that he did not object to the request since this Tom Jones (Exhibit 5). 1 area was not a parking problem, Council Member Watford made a motion to remove the one hour parking signs along the East side of SouthwestShAvenue between the Alley and South Park Street; seconded by Council Member Markham. 493 494 AGENDA VII. NEW BUSINESS CONTINUED. C. Discussion pertaining to parking issues on Southwest Fifth Avenue VOTE continued. KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED FEBRUARY 18, 2003 - REGULAR MEETING - PAGE 9 OF 10 COUNCIL ACTION - DISCUSSION -VOTE D. Discussion related to the creation of a step pay plan - Councilman Council Member Chandler suggested that the Administrator be authorized to research the feasability of creating a step Chandler. pay plan for employee salaries. The current pay plan is "position pay" and there are no incentives for the employees. Council discussed the matter and agreed that while the current plan is not perfect, it has served a very good purpose and that it is always good to look at alternatives. Administrator Veach requested the assistance of Clerk Gamiotea in 11 the project. This item will be brought back to the Council at a later date. E. ITEM ADDED TO THE AGENDA: Discussion related to Right of At the January 21, 2003 Meebng the City Council instructed Clerk Gamiotea to schedule an off -site workshop at Mr. way acquisition at Northeast g1h Street and Taylor Creek - Attorney Masons property located along the West side of Taylor Creek. Attorney Cook was authorized to explore the Cook. condemnation matter and expenditure, The off -site workshop was canceled due to Mr. Masons offer to sell the property in the amount of four hundred twenty-five dollars($ 425.00). With the offer Mr. Mason submitted several requests. Attorney Cook drafted an agreement between the City and Mr. Mason to purchase the parcel of land and most of Mr. Masons requests were addressed in the agreement. He received the agreement on Friday, February 14. He has reconsidered his offer to the City and now the asking price is one eighty-five thousand dollars ($ 185,000.00). Attorney Cook recommended the Council authorize him to file a condemnation lawsuit and proceed with taking the enbre 8 acres rather than just the small parcel for the right of way/bridge as previously discussed, The acreage would allow an appropriate buffer between the Industrial Park/Commerce Center and new proposed development in the area for an apartment complex. He then explained the condemnation lawsuit process. Discussion continued between the Council and Staff. Due to time constraints, the Council concurred this was the only method left to handle the situafion. They also noted, that should Mr. Mason change his mind again, they will still consider the proposed agreement that was offered to him. FEBRUARY 4, M3 - RwULAR MEETING - PAGE 10 Of 10 495 COUNCIL ACTION - DISCUSSION - VOTE V11. NEW BUSINESS CONTINUED. E. ITEM ADDED TO THE AGENDA: Discussion related to Right of Council Member Williams mved to inftruct Wil Counsel to file a condemnation hmsWt and proceed with Way acquisition at Northeast r Street and Taylor Creek continued. taking the entire 8 acres owned by William H. Mason (ParW Identificadon No. 3-15-37-34-0010-00010-001 B): I smonded by Council Member Markham. VIII. ADJOURN MEETING - Mayor, PLEASE TAKE NOTICE AND BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CfTY COUNCIL NTH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDING �S MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BIASED ATTEST: s E. KA, Mayor Lane'Gardote�, 0 1 4 Clark Council Members Watford and Chandler again noted that they hated to do this, the Council are all very staunch prop" rights advocates. However, the City is backed into a corner and there is no other area to gain access to the proposed Industrial Park/Commerce Center. VOTE KIM - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS--YEA MOTION CARRIED There being no further items on the agenda, Mayor Kirk adjourned the meeting at 8:06 p.m. PAGE -1 - CITY OF OKEECHOBEE - February 18, 2003 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES 1. CALL TO ORDER -Mayor: � U-1AL FebruarV 18, 2003, City Council Regular Meefing, 6:00 p.m. ,f I& P f 111. OPENING CEREMONIES: Invocation offered by Pastor Spe#-S� Pledge of Allegiance led by Mayor. Ill. MAYOR COUNCIL AND STAFF ATTENDANCE - Citv Clark- 7 Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea Deputy Clerk Adriana Berry IV. MINUTES - City Clerk. A. Council Member Q L moved to dispense with the reading and approve the Summary of Council Acton for the February 4, 2003 Regular Meeting; seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK 11 CHANDLER MARKHAM WATFORD WILLIAMS MOTIO< �RR DENIED V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal I of items on today's agenda. ckac� V1. OPEN PUBLIC HEAIRJ�G FOR ORDINANCE ADoP-nON - Mayor. Ja,'D5 p.m. A.1.a Council Member �XQ moved to read by fitle only proposed Ordinance No. 814 regarding Rezoning Application No. 03-001 -R submitted by Okeechobee County - City Attorney (Exhibit 1); seconded by Council Member Lr*f) b. Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD LZ WILLIAMS M0119 _I�ARRIED,',' DENIED PAGE -2- C. City Afforney read proposed Ordinance No. 814 by title only as follows "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMERCIAL PROFESSIONAL AND OFFICE (CPO) ZONING DISTRICT TO PUBLIC (PUB) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2.a) Council Member LV-1 moved to adopt Ordinance No. 814; seconded by Council Member — Nz-, - b. Public Comments. kL C, U Poo (t& *Icd t*� cr�- cql's i sto duo- �hcuk L( Lk Wdfu W 's L-u Phk �4 ?�4.v PJcpokol u-u kj,,-a, Roi fiaw G-o Ck-cU- -J�t ( �j ev- br) J��C) "GJ�L� IQU� no"'L JCLtd LAas ALZ71-lizo I ,4 41M L rut ncA 0- L'� , "� C. Vote on motion. VOTE YEA NAY ABSTAJN ABSENT NiA KIRK CHANDLER C",]k b(cw"Uoi P-r4-,-4rj MARKHAM 0&4 WATFORD WILLIAMS MOTION "R1 DENIED hG:) VN6-t �aWr, U) vtctt�,t�� plcp -fNU -� 0, _d f)0,'t LA:,U tA C, 4J PAGE -3- B.I.a) Council Member 'bLo moved to read by title only proposed Ordinance No. 815 amending Sections 452, 454 and 474 of the Land Development Regulations (LDR's) pertaining to modification of parking and loading space requirements - City Attorney (Exhibit 2); seconded by Council Member LM b. Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK I./ CHANDLER V MARKHAM WATFORD WILLIAMS MOTION�A�Rffl DENIED C. City Attorney read proposed Ordinance No. 815 by title only as follows "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY SECTIONS 452 MODIFICATION OF PARKING AND LOADING SPACE REQUIREMENTS, SECTION 454 REDUCTION OF PARKING SPACE REQUIREMENTS IN COMMERCIAL DISTRICTS AND SECTION 474 OFF-STREET PARKING SPACE REGULATIONS INSTITUTIONAL USES; PROVIDING FOR INCLUSION OF PUBLIC USE REGULATIONS; PROVIDING FOR OFF-STREET VARIANCES; PROVIDING FOR AN EFFECTIVE DATE. 2.a) Council Member moved to adopt Ordinance No. 815; seconded by Council Member N �) — b. PublicComments. Oju tj, �-U- N� POL Hccc LJCLL 'it C�V�C' +Elk e)v C)cLukh_ fta. 2co, - 3cc 'S�- 6 wL au o n- I j_ik.c 200,1Fss ci-i'd �'s Occt -qzau " to L0�64 fnc��(- au baw. G'X) )'Z 0 i )5c u36 &"'Zju�" A�� _t-C 4q C�0, �2 'C nof �6( eA +b J, -Sackk� I C. Vote on motion. CIL 4,04 0, zoya 1X6 C"tt VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER 4'1�1_ Vbcyo 0 ut.A� Ulds, Pop au MARKHAM WATFORD NOW, N� CaLe biwo Ud WILLIAMS bVLu MOTION CA!IR�]P' - DENIED �V�Ld WCAlt(i M ftL0_h CL8 C -i:voucie�--� ct - AL CL) kis ms CPO L�L",�� -�,- aru� oj -kwt 4t--, 1:�,LLL� ry)cv,�c GAk-a- 4 Pa �SOA kl�kx§� ZZ (tuck (pa3ouA'l 4farL14A.f auct- 3c 0 -- U cA U-�j hk-tuN,,L --I- NJ �Rkltllc% C--P- �<4 AL& kcuut 4b Lt �hlll- S-futt - mkQ dc(" SbfL(L*lq -k) h&pl. Safl�(& hcuu aol-c O-V,- cpers-� spcto-� W ut t , 14 u -Ck(D ( , , (�qC�Y�UY 4 dCCk� hN�- (--qU,V-Ct AL it(la d bq cu, m S] ock) Crlul� Go- �4t� f�ct �Lvq C"4u J -S, V, Obi 0-)(- /1-tiv tA-,�,to, WA-Q.�j ocut VC -A c9ii-I cc� -1 4--b Ll a CV 21) aiok-t q LKv-A-i L,7 i L4 Cc op5s, T�-('-, h&ttO-h 0"'Xl I (,-,I (:c � �t hUAC Ok4 C�S - �L �t� �*'.0 cjcctcj I 4-K� cic)(�,Aur-) , 2� ro POC/L C-� L� cry" Pet U,X- C(q,�, d ul -2 ao- �x*c i AWL, Cj. Crv-4 U*O (,-'Ii�kp- 6 a a b-114- �(-) e-PI 0-1i I 11 dd C4 t -ck-c oi)C'P-U' t-7GC(V,)O .1 K\l Vukf�-) 0,C CLk �l Cf!, /C� C kt O-rLuAi hacl rnc4t �rtplcy 114 C�-U- f Y-� cv-) Lpkpl&ytu jddL4/Gxd C L��hC&'-) D`IOPCS�C� , ODOO �H C) C) E i c, pcad ncjO "Sbud CIC, k, 5c/"k j�- ej,(,Yvjp.hV"-v_ 1,�)Ck-\ c.c."-cud. - iy)c& ra/uakl'- -I Pflc�*J +u 0- /L 6�8. b, V-ki Una o� (kjj)c4 Oto L" 9 cilu� '*kk��Cl 04)-�O-\u Ll IJIU-�u Cato jkq,-(, pciss�4 wuuko Cl\ bud -tc ow rn �Ak (4, O�w 1L 44 Ao-oowt- LuL ja),o h cua Pk.-j lo& a (,CYuu oojv c� t.,x -- \�-4 hnLL-c nc,,.! s -SQUO Y C C) f VC, k" h(�cu c-a kuu A A) AL 4 (DA 3t/ut/j v aL-�4 op aAv-/) CLU PAGE -4- C.I.a) Council Member '3_)� moved to read by title only proposed Ordinance No. 816 amending Sections 395, 754, 758 and 759 of the Land Development Regulations (LDR's) pertaining to transfer, extension or repair of non -conforming structures - City Attorney (Exhibit 3); seconded by Council Member LP(-') b. Vote on motion to ready by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS V MOTION (�fAR�RIE DENIED C. City Attorney read proposed Ordinance No. 816 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY SECTION 395 CENTRAL BUSINESS ZONING DISTRICT ADDITIONAL REGULATIONS, SECTION 754 CHANGE OR TRANSFER OF NONCONFORMING USE OR STRUCTURE, SECTION 758 EXTENSION OF NONCONFORMING STRUCTURE, SECTION 759 REPAIR OF NONCONFORMING STRUCTURE OR USE; PROVIDING FOR EXTENSIONS OF NONCONFORMING STRUCTURES IN CERTAIN INSTANCES; PROVIDING FOR REPAIR OF NON -CONFORMING STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2.a) Counci�Member moved to adopt Ordinance No. 816; seconded by Council Member — M - b. Public Comments. �� C. Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS L- �50_ MOTION KRRIE6��:) DENIED CLOSE PUBLIC HEARING - Mayor.7. P) P.M. PAGE -5- VII. NEW BUSINESS. A.I.a) Council Member TW moved to read by title only and set March 18, 2003 as a public hearing date for proposed Ordinance No. 817 regarding Alley Closing Application No. 67 submitted by Okeechobee Commons, Too - City Attorney (Exhibit 4); seconded by Council Member LM — b. Vote on motion to read by title only and set public hearing date, VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION CARRIED1- DENIED rop( C. City Attorney roposed Ordinance No. 817 by title only as follows "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS LOCATED IN BLOCK 20, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITY PURPOSES; RETAINING A RIGHT O%C�; AND DIRECTING THE V P--P- CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFEC11VE DATE." 2.a Council Member LAX\ moved to approve the first reading of Ordinance No. 817; seconded by Council Member Q , - b. Discussion. p�a �, a C. Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS 19AnT1f%k1 CA-01M ;- nckimn PAGE -6- B. Motion to approve an expenditure of $7,729.36 for the September 10, 2002 Special Election and the November 5, 2002 General Election to the Okeechobee County Supervisor of Elections - City Clerk (Exhibit 5). Council Member..aLL�— moved to approve an expenditure of $ 7, 729.36 for the September 10, 2002 Special Election and the November 5, 2002 General Election to the Okeechobee County Supervisor of Elections; seconded by Council Member L-M POJA VOTE YEA NAY ABSTAIN ABSENT 'A KIRK .-Lao CHANDLER MARKHAM M&-cc -k-c ZY, WATFORD Q WILLIAMS MOTION CARRIED - DENIED C /,\�C' Lin �'aN-'U l,3 C. Discussion pertaining to parking issues on Southwest Fifth Avenue - Tom Jones (Exhibit 5). Duk Jclu'�'� -6-Q(:)4 C"t", d Lo4 P'�' J wq, U- J� Cj P1 L C" C� ]cc he �-ut) [ 1,0_4 cria 6�j C) ICA C ur'w- W � C co-.L 4-c�,� h Alls n J PAGE -7- D. Discussion related to the creation of a step pay plan - Councilman Chandler. CL u L ��L'j LO�ji(- f)CTIA-' GT. LCII Vt -cry ACI�S�,��,,,J� hxy)u--�, -�j POLD - CIA pa-� P03d Al �cv Ct 10- 0- PC, a, LCY4 �,(,au FF (11,61,11L 60 Oc LUd e4 CLQi�O I -j, /wdv-�t UY�' (UL4� (�COCL PtJptc V�) "I �)Lkc't uaa ao 'ILL p2d"2&m 0/?C( �egd 0 LQ au lei [SO, wcyu� MO tq, PYL�C-Y-, PIA ftc�-U-t,(- pqcrc�c - 1-u 6 irYLc Lwv—A�, rLLO St c b CT-uj cA buLd uw, aa- o- - /o e a aM ij� L't ck, -Ut Ou%��,o rl-DLL4- -- F ffV, 1, Cq-Ll- omx-c 'J Q,J( o, i) t�-�k T(� Oas cA `3 -- S� C)l U a ffl-��U,12 CCA- �k Ckil Sl Up L�n P-1 CLt/O Ck-C QLO 's ((war k in �Lvtk,,b Lk-\� a 4- DICkki ,J) R. CTJ , r�-L� (aLJ PI C OLL �k �KL dJ4 (111) �D-wt- 4-14fk,� wo�, a N-tL,)o N ua� tu- �t 4--c fat, a�,� (-,�L ao-,�t� cl/�, Qf vl� ��A ,b� - w�cu') C)cyc [T(� Phw-1, 0-- CL -�cothc �c 5 -Lu OCA N)C-A �,Q CWJ-��Alj (A �or-� 6D Lo-�j hu"�Jo +,f-, fy) C, to-�- hcc� it, bk J ca (lift c4 -f acc LP A-0 0--,- �!l CK t 6,f� L L tu� I b Lk Cu kWk, U'o 'A, tL Lop PAGE -11- CITY OF OKEECHOBEE - February 18,2003 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES 1. CALL TO ORDER - Mayor: V) , r k� February 18, 2003, Ci!y Council Regular Meefing, 6:00 p.m. 11. OPENING CEREMONIES: Invocation offered by Pastor-s�� Pledge of Allegiance led by Mayor. III MAYOR COUNCIL AND STAFF ATTENDANCE - Citv Clark. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea Deputy Clerk Adriana Berry IV. MINUTES - City Clerk. A. Council Member NIC moved to dispense with the reading and approve the Summary of Council Action for the February 4, 2003 Regular Meeting; seconded by Council Member 0 ('0 VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS V— MOTION DENIED V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. I (Ij-0 e Ov I _, _ C j 5,�: 16, irl QQ i I f i -1� fe C Ne G,�� I)JU S I o es5 VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. (!�-OCr; p.m. A.I.a Council Member DLLI.) moved to read by title only proposed Ordinance No. 814 regarding Rezoning Application No. 03-001 -R submitted by Okeechobee County - City Attorney (Exhibit 1); seconded by Council Member Lol . b. Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER 'V MARKHAM WATFORD WILLIAMS MOTION DENIED PAGE -2- C. City Attorney read proposed Ordinance No. 814 by title only as follows "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMERCIAL PROFESSIONAL AND OFFICE (CPO) ZONING DISTRICT TO PUBLIC (PUB) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2.a) Council Member moved to adopt Ordinance No. 814; seconded by Council Member N(,-,, - b. Public Comments. mn r rc�,) 0 J� J'� �e r- 31 pry V �(Kj . C. Vote on motion - VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION 4 �ARRIED DENIED PAGE -3- B.I.a) Council Member moved to read by title only proposed Ordinance No. 815 amending Sections 452, 454 and 474 of the Land Development Regulations (LDR's) pertaining to modification of parking and loading space requirements - City Attorney (Exhibit 2); seconded by Council Member L M . b. Vote on motion to read by title only. VOTE T KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION DENIED C. City Attorney read proposed Ordinance No. 815 by title only as follows "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY SECTIONS 452 MODIFICATION OF PARKING AND LOADING SPACE REQUIREMENTS, SECTION 454 REDUCTION OF PARKING SPACE REQUIREMENTS IN COMMERCIAL DISTRICTS AND SECTION 474 OFF-STREET PARKING SPACE REGULATIONS INSTITUTIONAL USES; PROVIDING FOR INCLUSION OF PUBLIC USE REGULATIONS; PROVIDING FOR OFF-STREET VARIANCES; PROVIDING FOR AN EFFECTIVE DATE. 2.a) Council Member NC- moved to adopt Ordinance No. 815; seconded by Council Member C.' (k) _- b. Public Comments. I \��c uc(o 9C U" WAC I ALA 0 f 1) C f U-SGk ivr o -5 4- a A S xA (4 c )IC I 're 3� f) co C-7v e v �h) G ci 0 lfi-4ve j C1C t r-o POT el I Ck 0 C, IT�PdPd L ry) 0&cr� P W/Uck Mew iw 5(- J r 5 re rolrio-rao-) 0 c CC) Lt L-4 V Oh 0-1) M b (L 66 q N) CLJ 1- 4 � 0 Lj 0 0 U aj A i,&ou , M(-, or k�) de Vote on motion. C� VOTE YEA AY ABSTAIN ABSENT KIRK CHANDLER MARKHAM �14per- 0 ua 0 Y-) 0 S�, WATFORD WILLIAMS MOTION CARRIED DENIED rtk U F DCLA) -(-Ave, CIO -,) - - t -) I , J, noloLM-mcfp 61) etc, I nq SFOOPS 7�-73 yos-sq0,11 xb�ce plclpolf�� jjr. k),- Caw 4- m��g o)4�p(&r- W 153 On f)6tf k-4')j , C11 0 t� [Ola( S,�blui tA3 Cor.) ba- Pt& �vlclaa i f O-il C� n 50,� � r bc4h kt oi //- b n3 )U-Shf�lh3 iCW CkWltcl spftp-L) loajd buqAt h-, PC, ctc/�e� A) �,s (-vo� 0 e, Ptobif rn ui Pi hoff� LIOU-111, wot(- t1ol ecw��/' ok,Odr'5� jSsu-.p . IM - Du 9COSS P� n rou in (,,�i o n oq� enblAj�.. fbi - cqn-m Jcp 4 h c�vo, COlot- -ePr NnncL m0et-�Lar-se . P(Av(�hOS-Q IMIO�/Gr' POP - a v W JQ a i P to (Vis I, d-prah &o .'Tc)c( a oil/? pk P'o �o I llkVT (�brL) eXpaAW)n, PrObhom 15 �l v 1 0 r � cao tp /j &�o so m um si.4,1 p [�jllinq �t) pr6lvje bn� 1�pn ti� mou �ho-iA a 8/oclt- a 4 of FO rM [AS' I-L , S� k4pr. �Ohn- Oops 1 0) r kir r�jt�C�,or) , �-OMP- MO 1iG4-bW �OLP,�tV goi r, e., n� ml 16 Q m O�on to Q ppro Vo Et/," u r) r p q re try-) — ) oo COLn KiA� -,3froq- e- 4r)q, - O� ee - C�6 -3Y50 pat I G� Uns�) d�ra tE S rtV- e 5 (9 - OU I 0�� I., , cl ( f- . sum binco 00 U �� I , n) ok4l (U'b fy) (Arf 05 hp ot y I ryi f o-om Pfo 6 fr'Ol - I I -ern p 1yes, Cw,) - r) 1 m Med / ol J�,r)010 hC4 VQ- MOC(Z eMp/aj-0,1�rS. Mot& � i)�;ZAD pt);4 - 9�u ,-�rnp- PD10 MOY-C emplo yo 5, K-P P(� ei� -Inlor&e ord� Opals W1 Uoq-S t'fpei 0 r P �O 42, d(\,t 10 4) -e- vry �Q VQ- Sp () ts � U, CA p p Pu I- Qi-D- f) 1 1,0 � M-0- our, (I C) 61 PAGE -4- C.1.a) Council Member — - moved to read by title only proposed Ordinance No. 816 amending Sections 395, 754, 758 and 759 of the Land Development Regulations (LDR's) pertaining to transfer, extension o repair of non -conforming structures - City Attorney (Exhibit 3); seconded by Council Member /-4-n - b. Vote on motion to ready by title only. VOTE KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTIONeCARRIED) DENIED Ordinance No. 816 by title only as follows: "AN ORDINANCE OF THE C. City Attorney read proposed CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY SECTION 395 CENTRAL BUSINESS ZONING DISTRICT ADDITIONAL REGULATIONS, SECTION 754 CHANGE OR TRANSFER OF NONCONFORMING USE OR STRUCTURE, SECTION 758 EXTENSION OF NONCONFORMING STRUCTURE, SECTION 759 REPAIR OF NONCONFORMING STRUCTURE OR USE; PROVIDING FOR EXTENSIONS OF NONCONFORMING STRUCTURES IN CERTAIN INSTANCES; PROVIDING FOR REPAIR OF NON -CONFORMING STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2.a) C�,unc� Member moved to adopt Ordinance No. 816; seconded by Council Member b. Public Comments. C. Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER V MARKHAM L/ WATFORD WILLIAMS L/ MOTION (CARRI�y - DENIED CLOSE PUBLIC HEARING - Mayor p.m. PAGE -5- Vil. NEW BUSINESS. A.I.a) Council Member moved to read by title only and set March 18, 2003 as a public hearing date for proposed Ordinance No. 817 regarding Alley Closing Application No. 67 submitted by Okeechobee Commons, Too - City Attorney (Exhibit 4); seconded by Council Member Xi -0 - b. Vote on motion to read by title only and set public hearing date. VOTE YEA, NAY ABSTAIN ABSENT KIRK \.Z CHANDLER IJ MARKHAM I/ WATFORD V WILLIAMS �/ MOTION CARRIED - DENIED roposed Ordinance No. 817 by title only as follows "AN ORDINANCE C. city Attorney e EYWAY'S LOCATED IN CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALL BLOCK 20, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITY PURPOSES; RETAINING A RIGHT OF Rfg�, CITY CLERK TO RECORD THE ORDINANCE IN THE PUBD C—RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2.a Council Member L 1)) moved to approve the first reading of Ordinance No. 817; seconded by Council Member NC— b. Discussion. o A "J (A ILI W1 -S C. Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER v MARKHAM WATFORD WILLIAMS L MOTIO DENIED PAGE -6- B. Motion to approve an expenditure of $7,729.36 for the September 10, 2002 Special Election and the November 5, 2002 General Election to the Okeechobee County Supervisor of Elections - City Clerk (Exhibit 5). Council Member moved to approve an expenditure of $ 7, 729.36 for the September 10, 2002 Special Election and the November 5, 2002 General Election to the Okeechobee County Supervisor of Elections; seconded by Council Member I TO VOTE NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION CARRIED DENIED Lk. ti Pr )JI Southwest Fifth Avenue - Tom Jones (Exhibit C. Discussion pertaining to parking issues on -�U� -Y) �' \ '--� -) b�� 1 Ic I ty- ell� I'A j P011 �1 1, A CLU L cv I or PAGE -7- D, iscussiQn related to the creation of a step pay plan - Councilman Chandler. T 0�01� I "'!A /- -ce 0 d Lon JAf 1 tu�' k, 0 SC, I-) - Soll-W (.� )0 cu CIAS, OA- C Uv� -C-� C, F o (-j �,-,-uc- PO J /,3 C ry P - Od C-jt, -S - rx? if rA -A' , - C- K-�) U, -t �vs L) S� )C)I) (V, t k-on� c-, cc�� t 0 f;174 LI y'-rip�--�,/(-Wh tvo ON 62- UA CITY OF OKEECHOBEE FEBRUARY 189 2003 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 oF 4 CALL TO ORDER - Mayor: February 18, 2003, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Pastor Scott Seidler. Pledge of Allegiance led by Mayor. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea MINUTES - City Clerk. Motion to dispense with the reading and approve the Summary of Council Action for the February 4, 2003 Regular Meeting. FEBRuARY 18, 2003 - CITY CO-UNciL AGENDA - PAGE 2 OF4 V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. 1. a) Motion to read by title only proposed Ordinance No. 814 regarding Rezoning Application No. 03-001-R submitted by Okeechobee County - City Attorney (Exhibit 1). b) Vote on motion to read by title only. C) City Attorney to read proposed Ordinance No. 814 by title only. 2.a) Motion to adopt Ordinance No. 814. b) Public Comments. C) Vote on motion. B. 1. a) Motion to read by title only proposed Ordinance No. 815 amending Sections 452, 454 and 474 of the Land Development Regulations (LDR's) pertaining to modification of parking and loading space requirements - City Attorney (Exhibit 2). b) Vote on motion to read by title only. C) City Attorney to read proposed Ordinance No. 815 by title only. 2.a) Motion to adopt Ordinance No. 815. b) Public Comments. C) Vote on motion. FEBRUARY 18, 2003 - CITY COUNCIL AGENDA - PAGE 3 OF4 LUM PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 1.a) Motion to read by title only proposed Ordinance No. 816 amending Sections 395, 754, 758 and 759 of the Land Development Regulations (LDR's) pertaining to transfer, extension or repair of non -conforming structures - City Attorney (Exhibit 3). b) Vote on motion to ready by title only. -C) City Attorney to read proposed Ordinance No. 816 by title only. 2.a) Motion to adopt Ordinance No. 816. b) Public Comments. C) Vote on motion. CLOSE PUBLIC HEARING - May0r. VII. NEW BUSINESS. Motion to read by title only and set March 18, 2003 as a public hearing date for proposed Ordinance No - 817 regarding Alley Closing Application No. 67 submitted by Okeechobee Commons, Too - City Attorney (Exhibit 4). A. I.a) b) C) 2.a) b) C) Vote on motion to read by title only and set public hearing date. City Attorney to read proposed Ordinance No. 817 by title only. Motion to approve the first reading of Ordinance No. 817. Discussion. Vote on motion. nBRuARY IS, 2003 - CITY COUNCIL AGENDA - PAGE 4 OF 4 VII. NEW BUSINESS CONTINUED. B. Motion to approve an expenditure of $7,729.36 for the September 10, 2002 Special Election and the November 5, 2002 General Election to the Okeechobee County Supervisor of Elections - City Clerk (Exhibit 5). C. Discussion pertaining to parking issues on Southwest Fifth Avenue - Tom Jones (Exhibit 6). D. Discussion related to the creation of a step pay plan - Councilman Chandler. VIII. 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 tapes are for the sole purpose of backup for official records of the Clerk. U50- WQJlcmos Alhw� -C+t-)C)r- 10 I:s ,A� - CW5) Job Cx,Q -mw� )Ouc� a,,Uric-d fc-,� atirciPiry)-oncth c� -4lo c) rw Si ct-u-,�Nd--\ 0-:0 C-10 OCC. of 8 -PQ \o C-9 Ts� Q-5 (Zi 43 EV CD <2� The Oketehobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of vkv�__ J" 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. '--� "-A- - - - 4--o, o and subaibed before me this PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida, will an Tuesday, February 18, 2003 at 6:00 p.m. or as soon thereafter as possible, at City Hall, 55 SE 3rd Avenue, Okeechobee, FL conduct a PUBLIC HEARING on and thereafter to consider final reading of the I wina Ordinance into law: NO. 811:0JAN RDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFI- CIAL ZONING MAP OF OKEECHO- BEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICU- LARLY DESCRIBED HEREIN, FROM COMMERCIAL PROFES- SIONAL AND OFFICE (CPO) ZON- ,ING DISTRICT TO PUBLIC (PUB) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDING- LY, PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFEC- TIVE DATE. This ordinance pertains to RE- ZONING Application No. 03-001-R by Okeechobee Board of County Commissioners. The request Is to REZONE Lots 1 to 12 of Block 125, city of Okeechobee �`approximately 2.17 acres) from o mercial Professional Office t� mPublic Use. All members of the public are en- couraged to attend and participate in said hearing. The proposed Ordi- nance may be inspected in its en- -tirety by members of the public in the Office of the City Clerk during regular business hours, Monday - Friday, 8:00 a.m. - 4:30 p.m., ex- cept for holidays. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this hearing. . .such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceed- ings is made, which record in- cludes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disability Act ADA) and Flori- da I K persons with disabilities needing special accom- modation to participate in this pro- ceeding should contact Lane Gami- otea no later than five (5) working days prior to the proceeding at (863)763-3372, extension 215; if hearing or voice impaired, call TDD �863)534-7777 or Florida Relay ervice 1-800-955-9770. Lane Gamiotea, City Clerk 354557-ON 217/03 day o A.D. 20 B_ 13?-(,v, . i Notary Public, State of Florida at Larp ....... Co n 11 ni i 11 4, f "f 1 �Ii J7, Expir-s. Jan. 1'/, 200-4 -u Bun(14' �d 'r1i, At.lnnticP�"... 11W The Okeecnobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a y A�_7_ A) 0r-Cc_ IFL in the matter of �j in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of V Z\) C_A_2�Y:D , � I (Dq�_ 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. �W�m and subAfibed before me this 7 PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASETAKE NOTICEIhatthe City Council of the City of Okeechobee, Florida, will on Tuesday, February 18, 2003 at 6:00 p.m. or as soon thereafter as possible, at City Hall, 55 SE 3rd Avenue, Okeechobee, FL conduct a PUBLIC HEARING -on and thereafter to, cpnsider final reading of the following Ordinance into law: NO. 815: AN ORDINANCE OF THE CITY OF OKEECHOBEE. NO. 716, LAND REGULATIONS, SECTION 452 Mi PARKING AND I REDUCTION OF PARKING SPACE REQUIREMENTS IN COMMER- CIAL DISTRICTS, AND SECTION 474 OFF-STREET PARKING SPACE REGULATIONS UISTITU TIONAL USES; PROVIDING FOR INCLUSION OF PUBLIC USE REG- ULATIONS; PROVIDING FOR OFF- STREET VARIANCES; 'PROVIDING FOR AN EFFECTIVE DATE. This ordinance pertains to amending Parking Regulations as set out In the Land Development Regulations (LOR's). All members of the public are en- ,,oura 2r" e in sagled to attend and parti I at hearing. The proposed di- nance may be inspected in its en- tirety by members of I e public in the Office of the City 'Clerk during regular business hours, Monday - Friday, 8:00 a.m. - 4:30 p.m., ex- cept for holidays. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal arif decision made by the City Counci with respect to any matter considered at this hearing, such interested person will need a record of the.procaedkiig�or , such purpose. may need to ensure a verbatim record of the p d- i roceln ings is made: whlch�'recofd - cludes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disabil Act �ADA) and Flori- M "I ;�peirsons with disabilibes needing sodcial accom-, modation to parlicipate.in this pro- , ceeding should contactrLane'Gami-,, otea no later than five (5) worldling dags ror to the proteeding'at" 3) 63-3372; extension 21 j If, hearin?, or voice impaired, call TOO (863) 34-7777 or;Flodda Relay Service 1-800-955-97?,JO, Lane Gamlotea, City Clerk 354558-ON 26103 day Qf V-:� C—lq\ — A.D. 20 4 19 1 - r- ,F R. Pl,ov,n Notary Public, State of Florida at La 6 Commission Go 2004 Expires Jan. 17, 4 BoTided nru AtlRotie I�wn� The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee 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. to and su rib'ed before me this 7 day of , -F-, A-7 fu&y\ A. D. 20 115 0_/1 Notary Public, State of Florida at R. Prov-) C", 31 J an. 17, 20C14 � PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASETAKE NOTIGEthatihe City Council of the City of Okeechobee, Florida, wilf on Tuesday, February 18, 2003 at 6:00 p.m. or as soon thereafter as possible, at City Hall, 55 SE 3rd Avenue, Okeechobee, FL conduct a PUBLIC HEARING on and thereafter to. consider final reading of the following Ordinance Into law: NO. 816'AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 715, LAND, DEVELOPMENT REGULATIONS, - PARTICULARLY SECTION 395 CENTRAL BUSI- NESS ZONING DISTRICT'ADDI- TIONAL REGULATIONS, SECTION ;754 CHANGE OR TRANSFER OF NON -CONFORMING USE � OR STRUCTURE. SECTION 75B EX - OF NON -CONFORMING URES IN CERTAIN IN- SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. This ordinance pertains to Non - Conforming Uses In the Land De- velopment Regulations (LOR's). All members of the public are en- couraged to attend and participate in said hearing. The proposed Ordi- nance may be inspected in its en- tirety by members of the public in the Office of the City Clerk during regular business hours, Monday - Friday, 8:00 a.m. - 4:30 p.m., ex- cept for holidays. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any ,.,,,matter, considered at,this -hearing, such interested person will need a - record of the proceedings, and for such purpose may nee to ensure a verbatim record of the proceed- ings Is made, which record In- cludes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk ' In accordance with the Americans with Disatill ' Act (ADA) and Flori- da SUMS186.26, persons with disabilities needinq special accorn modation to participate In. this pro-.. ceeding should contact Lane Gami- otea no laterthan five (5) vorklng'� days prior to-Ahe proceedihg'.at (863)763-3372, wdension 215; if' hearing or voice impaired, call TOO (863)534-7777 or Florida Relay Lane Gamlotea, City Clerk 354562-ON Z/7/03 TO: CITY OF OKEECHOBEE MEMORANDUM Mayor and City Council DATE: February 12, 2003 SUBJECT: Status Report FROM: Bill L. Veach, City Administrator Below is a brief summary of past and upcoming events. DEPARTMENT ADMINISTRATION SYNOPSIS GRIT — Attorney Hellinger has resubmitted a notice of pending matters to the court regarding the venue issue. As yet, no decision has been reached. On December 3 01h, the City was served a summons by the Liquidating Trustee for GRIT that we were being sued for the $48,648.03 that they claim the City owes them for payment of one of Bettye's hospital bills. The hospital now indicates to the City that they have been paid in this matter. Attorneys Cook and Robbins discussed the matter and recommend that the City make no reimbursement at this time. Attorney Robbins has submitted a proper response to the lawsuit. Bettye Taylor is currently experiencing issues with her back and is being evaluated to determine if there is a need for additional surgery. This evaluation began on January 8th and further testing is planned. As with all of Bettye's medical expenses related to her back, the City is paying the cost. This expenditure is coming from the legal cost line item (acet. 514). Fire Station Project — Construction is well underway. The City Engineer reports that we are on schedule and budget at this time. Councilman Chandler is currently participating in weekly "construction meetings" in which the Administrator.. Engineer, Public Work Director, Fire Chief and Building Official discuss the project and its progress. Industrial Park/Sheffield Environmental Services — Timelines remain the challenge in keeping the City's industrial park project alive. The City Administrator and Executive Secretary have prepared and submitted the Rural Infrastructure grant for $300,000. As of today, we received notice that we have been approved for this funding. A contract will be finalized and come before the City Council for approval. DEPARTMENT SYNOPSIS ADMINISTRATION The bid package for Phase la of the project has been advertised. The bids will come 1h CONTINUED before the City Council on March 4 . It is anticipated the NE 9'h Street bid will be advertised within the next few days as well. Discussions related to the purchase of the necessary right-of-way are continuing with Mr. Mason. Attorney Cook has prepared a rough draft of a proposed agreement to acquire the necessary right-of-way from Mr. Mason. The Attorney and Administrator will discuss the proposal with Mr. Mason within the next few days. Flagler Parks/Downtown — Nancy Phillips has submitted the grant application related to Flagler Parks 3-6 and storeftonts, streetscaping and fighting along the North side of West Park Street. At this time, it would appear that we rank 6 th of all submittals (5 are slated to be funded). Often times, projects are withdrawn before final fimding occurs. In that event, we could be considered for ftinding. Rick Stauts of DCA will make a site visit related to this grant application on February 25. Mayor Kirk will participate in a discussion related to this and future applications. The City has submitted a request for $115,000 through a FRDAP grant to refurbish Flagler Park #2. We should have some indication as to whether or not the project will be funded by Spring. Donnie Robertson is working on permitting issues with SFWMD, DEP, etc. related to the 4 1h Street Boat Ramp. He anticipates this will take a couple of months. FINANCE Our annual audit continues and Lola Parker reports only minor procedural findings at this time. Upon completion, we plan to present it at a City Council meeting in the Spring. Lola is in the process of soliciting quotes from potential consultants related to bringing the City into GASB 34 compliance. POLICE Gallagher Bassett Services, Inc. is handling a lawsuit filed by Charlene Hamner against the City of Okeechobee. Ms. Hamner is suing following an automobile collision with one of our on duty City police officers (in a police car). Mediation for this matter has been rescheduled for early March. 2 DEPARTMENT SYNOPSIS PUBLIC WORKS Construction on the street projects has been completed, with the exception of issues pertaining to NW 7 th Street. Donnie Robertson is addressing the matter with the Contractor. Donnie is looking for an evergreen tree to plant in City Hall Park, which will become our permanent Christmas tree. CITY ATTORNEY I The f6flowing are included in the items I have asked Attorney Cook to address. 1. BiUy Mason terms for purchase of bridge right-of-way. 2. Noiselbreach of peace/animal ordinance. 3. LDR issues such as non -conforming structure, building site elevations, visibility triangles and street cut/right-of-way resolution. 4. Pension Ordinance language (City Council item for March 18 1h 5. Legal issues and contracts related to the City's industrial park. 6. Hamrick Trust — John is attempting to locate and secure a research firm that is well versed in reversionary issues. 7. City/County contractor licensing agreement — this proposed language is currently being reviewed by the County Attorney. 8. GRIT issues. 9. Adelphia Contract. 10. Marvin Brantley's continuing situation. CLERK The Municipal Code Corporation reported that our Code Books are in final editing I mode and should be delivered by the middle of March. 3 EXHIBIT 1 - FEBRUARV 18 AGENDA ORDINANCE NO. 814 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMERCIAL PROFESSIONAL AND OFFICE (CPO) ZONING DISTRICT TO PUBLIC (PUB) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 2.17 acre(s) from Commercial Professional and Office (CPO) Zoning District to Public (PUB) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application, and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth - Now THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida that: SECTION 1. LEGAL DESCRIPTION The following described land, located in the City of Okeechobee, to - wit: Lots 1 through 12, inclusive, Block 125, Okeechobee subdivision, according to the plat thereof recorded in Plat Book5, Page 5, public records of Okeechobee County Florida. SECTION 2. ZONING MAP AMENDMENT That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Commercial Professional Office (CPO) Zoning District to Public (PUB) Zoning District. 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. Page 1 of 2 SECTION 5. EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 41hof Februa!y, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 181h day of Febryaq, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 CITY OF OKEECHOBEE PLANNING BOARD JANUARY 28,2003 SUMMARY OF BOARD ACTION I of 2 11 AGENDA III ACTION - DISCUSSION - VOTE 11 1. CALL TO ORDER - Chairman. Planning Board, January 28, 2003, 7:15 p.m. 11. CHAIRMAN, MEMBER AND STAFF ATTENDANCE - Secretary. Chairman Jerry Walker Board Member Daniel Creech Board Member Dawn Hoover Board Member Thomas Keller Board Member William Ledferd Board Member Christopher Mavroldes Board Member Douglas McCoy Alternate Sandra Jones Attorney John R. Cook Secretary Carolyn Arnold 111. MINUTES - Secretary. Chairman Walker called the January 28, 2003 Planning Board meeting to order at 7:42 p.m. Board Secretary Arnold called the roll: Present Absent (without consent) Present Present Present Absent (without consent) Present Present (serving as voting member) Present Present A. Motion to dispense with the reading and approve the Summary of Board Action Board Member Ledferd moved to dispense with the reading and approve the Summary ofBoard for the November 26, 2002 regular meeting. 11� Action for the November 26, 2002 regular meeting. Board Member Keller seconded the motion. VOTE HOOVER -YEA JONES - YEA KELLER - YEA LEDIFERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. January 28, 2003 - Plannine Board - Palze 2 of 2 IV. NEW BUSINESS. A. Rezoning Petition No. 03-001 -R. Consider a recommendation to the City Council to rezone 312 N.W. 3" Street from Commercial Professional Office (CPO) to Public Use (PUB). The property owner and applicant is Okeechobee County. V. ADJOURNMENT - Chairman ACTION - DISCUSSION - VOTE Mr. Donald Murray of LaRue Planning and Management Services, gave a brief background of the subject property. Mr. Murray explained that this petition is in connection with a future land use map amendment. Ile explained that a zoning change from Commercial Professional Office (CPO) to Public Use (PUB) is more of an appropriate zoning for the new courthouse facilities. Planning staff recommends that the Planning Board recommend to the City Council to grant approval of Petition 03-00 1 -R, to change the existing zoning classification of Commercial Professional Office to Public Use located at 312 N.W. 3 d Street. There were no further comments from the public. There was no discussion from the Board. Board Member Ledferd moved to recommendto the CityCouncil to grantapproval forPetitionO3- 00 1 -R, requesting to change the existing zoning classification of Commercial Professional Office (CPO) to Public Use (PUB) as recommended in Planning staff s report. Board Member Keller seconded the motion. VOTE HOOVER - NAY JONES - YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. PLEASE TAKE NOTICE AND BE ADVISED that ifany person desires to appeal any decision made by the Planning Board with There being no further items on the agenda, Chairman Walker adjourned the meeting at 7:45 p.m. respect to anymatter considered at this proceed ing, such interested person wi I I need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for offici a] records of the Department. I Jerry Walker, Chairman ATTEST: Carolyn Arnold, Secretary 0 0 1375 Jackson Street Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 Staff Report Rezoning-,,, R,-. eau �':en-45- -A 'r Applicant: Okeechobee County Board of County Commissioners 03-001-R Preparedfor: The City of Okeechobee Staff Report Rezoning Request Applicant: Okeechobee Board of County Commissioners Petition No. 03-001-R General Information Petition Number: 03-001-R Owner: Okeechobee Board of County Commissioners Owner Address: 304 NW 2 nd Street Okeechobee, FL 34972 Owner Phone Number: 863-763-6441 Existing Proposed Future Land Use Map Multi -family, Commercial Public facilities Classification Public facilities -_ I Zoning District Commercial Professional Public Use (PUB) Office (CPO) Use of Property Government office, vacant New Court facilities to be demolished Acreage 2.17 Density NA NA Access See attached site plan See attached site plan Location: 312 NW 3 d Street Legal Description: Lots 1-12, Block 125, Okeechobee subdivision, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County Florida. The applicant wishes to change the property's zoning from Commercial Professional Office (CPO) to Public Use (PUB) in order to allow construction of a new courthouse. Note: This petition is a companion to Petition 03-01-SSA a small scale amendment to the Future Land Use Map, requesting a change from Multi -Family and Commercial Future Land Use Categories to the Public Facilities Category for property located in Block 125. A Special Exception, 02-005-SE, was also approved to allow the courthouse to exceed a height of 45 feet up to 62.8 feet in height. . . - (PAGE I Staff Report Rezoning Request Applicant: Okeechobee Board of County Commissioners Petition No. 03-001 -R Adjacent Future Land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification Zoning District: Existing Land Use: East: Future Land Use Map Classification Zoning District: Existing Land Use: South: Future Land Use Map Classification Zoning District: Existing Land Use: West: Future Land Use Map Classification Zoning District: Existing Land Use: Single Family and Public Facilities CPO Residentia4 and business Commercial and Multi -Family CPO Church and vdcant property Public Facilities PUB Courthouse Commercial and Single Family CPO Business This request, if approved, will allow Okeechobee County to construct a new courthouse facility to augment the existing, historically significant building located to the south of the subject site. The existing courthouse will be renovated and likely will continue to provide some court functions and perhaps will house other county government offices. The proposed site plan shows that the County also proposes to close NW P Street between the two city Blocks on which the proposed and the existing courthouses are located, and will increase the amount of on -street parking around the facilities. I Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. The application is consistent with requirements of the City's Comprehensive Plan. The remaining traffic anLparkin i.mvacts may be addressed prior to Final Site Plan Approval. _�z_ 2. The proposed use being appliedfor is specifically authorized under the zoning district in the Land Development Regulations. The proposed use is specifically authorized under the requested rezoning. (PAGE ) Staff Report f Rezoning Request Applicant: Okeechobee Board of County Commissioners Petition No. 03-001-R 3. The proposed use will not have an adverse effect on the pub I lic int�rest. The proposed will not have an adverse effect on the public interest. There are some concerns regarding traffic conflicts and the proposed closure of NW P Street, but such issues have been addressed durina site plan review. Staff will require the applicant to submit any required impact analyses and address these issues. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The new courthouse facility is compatible with the existing historic courthotise and adjacent land uses and will not create any isolated and unrelated zoning district. There will be little negative impact to the urbanized 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 will not adversely affect property values of adjacent or nearby properties, and should help development or redevelopment of nearby properties. 6. Theproposed use can be suitably bufferedfrom surrounding uses, so as to reduce the impact of any.nuisance or hazard to the neighborhood The proposed use will encompass two city blocks, Block 138 (existing courthouse) and Block 125 (subject property), by creating a courthouse campus with open area between the old courthouse and the new one if the proposed site plan is approved. The resulting setbacks and buffer yards will exce . ed the required yards of the Land Development Code. 7. The proposed use will not create a densitypattern that would overburden public facilities such as schools, streets, and utility services. The proposed use will not create any density problems that would overburden any public facilities. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affectpublic safety. The applicant's proposed site plan will require closure of NW Yd Street diverting some traffic onto other streets and around the proposed courthouse campus. The applicant also proposes to place 341 parking spaces on the surrounding streets and only 33 spaces orl..site. These fe cou 'result in impedance to tr-affic flow due-To—c si�bi&ing onto the -street, and possible turning conflicts at major intersections. Regardless, these potential impacts are being addressed at site plan (PAGE I Staff Report Rezoning Request Applicant: Okeechobee Board of County Commissioners Petition No. 03-001-R V I review by City staff and any necessary changes will be required prior to F* Plan Approval. 77' 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The proposed use has not been inordinately burdened by any unnecessary restrictions and Staff is working with the applicant to address all necessary issues and requirements such as traffic and parking impacts. 10. The proposed change will not constitute a grant ofspecial privilege to an individual owner as contrasted with the public we�fare. The proposed rezoning will not constitute a grant of special privilege to -an individual owner contrary to the public's welfare. I Summary and Conclusions Prior to Cerfification Staff recommends the rezoning be approved as consistent with the Comprehensive Pan and the zoning code; however, all traffic impacts of the proposed use must be addressed prior to approval of the Final Site Plan. I Landscape Regulations Subsequent reuse of this site shall be governed by City Code Section 500, Landscape Requirements. I Attachments Attachments to this Staff Report include the Future Land Use Map indicating the location of the subject property. Submitted by: James G. LaRue, AICP January 22, 2003 (PAGE ) petition No. YOPOKEECHOBEE ieral Services Department jurisdictio= 3E Third Avenue Fee PaiJ '50 o 0 0 Notices Mailed:- .echobee, FL 34974 a Po63 ,ne: 863-763-3372 ist He 2nd He 0 4�1 0 863-763-1686 Uniform Land Use Application (Please attach separatesheets for required additional information) E Ty" for required additional informatiOrL See p ,tsolution No. 98_ I nnp r)T7 TNTEREST IN PROP . P Name of property owner(s Mailing address: 304 'NW 2nd Street; Okeechobee, FT- 34972 Pro-pex,tyaddress: 312 NW 3rd Street Name of applicant, if oth�erffim�ovvmer (�state rel�attinsh4�): George Long, CoUntY ministrator -�SE A=A.CH LECTAL DESCRnMON MAP" f0f re-gured add�itionalinf`D �2n . i �MlaliOIL 'PROPERTY SURVEYkNID LOCATION N See Resolution No, 98-1 . 0.2 Multi-fami C6mercial Current Zoning Classification: (CPO) Future Land Use Map sigilation: Public Faclilities __ ':P'07 Part of platted subdivision?, Yes Approximate acreage or square feet: acres Type and gross area of any existing rica-residential uses on site: Traffic Division of Courthouse om etc.), gross are, of any existiug dweMTLg(s) on site:Being demo Number and type (convenrion4 manufactured h e, of total land use of any existing public areas, reservations, Dimensions, gross areas, and percentages s and recreational uses on site: N /A buffers, open spaces, water retention lake Is there a I current or recent Use of the property that is/was a Violation of City Ordinatice? ci Yes iR No If yes, please describe: property in the last year? IN yes 0 'No Have there been any land use applications cOncerr"ng all or part of this If yes, indicate date, nature, and applicant's name: Special exception approved October 29 2002 f ight exceeding . 45 feet; Okeechobee County a t courthouse with he Briefly describe use of adjoining property: East church and vacant proper-r-y North- residences 4 '�""inpqses 7- ,�Tesr businesses South: existing courthouse propriate secdons7 and sign reverse side of application. Check ty-pe of application, complete ap .2 Resolution 99-10:4 "STATEMENT OF USF'for required additional infOrinatiOrL Proposed Zoning Classification: Public Use (PUB) ,,us with a 1&e zone? Yes If granted, Will . propo jed zo ing classification be contigua -- U-ITY ENVIRONMENTAL ANALYSIS- lo -PUBLICFAI z When development is proposed, see Resolution 98-10:9 1 ,SIGN PLAN" (where applicable), for re d additional information IMPACT ANALYSIS and ypq (OVW) For Special Exception Appli-tiom% ask for Section 700 'SPECIAL EXCEPTION USE REGULATIONS" of the City of Okeechobee Describe the intended use requiring a Special Exception: Provide specific LDR ordinance section number and page number. . See Resolution 98-10:10 -PUB LIC FACMnY RIAPACT ANALYSIS" for required additional informati6L Supplementary supporting idarnllti0n: Z How the intended use meets the standards in tile Unified Land Development Code §2.53-2: E. Demonstrate that ate for the use: U Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood- Demon=ate any landscaping techniques to visually screen tile use from adjacent uses. Demonstrate what is proposed to reduce the impact of any potential hazards, problems, public cc nuisance generated by the use: Demonstrate how utilities and other service requirements of the use can be met . Demonstrate how the imp act of traffic generated will be handled off -site and on -site: rn, d Describe the Variance sought supplemental suppo g information: z Demonstrate that the varimce is needed to Overcome I hardship caused by tile unique physical conditions ofthe site: > Specify the minimurn Variance requirement including: height, lot area, size of structure, size ofyard, setback, buffer or oven space: I nth — Details of administrative decision under appeal, including name of individual issuing decision,'date ofis—e, and written copy of decision: Reasons for reouesting appeal of decision: Supplement su 0 . information: 11 CONFIRMATIM4 OF D�FoRmATION ACCURACY I I hereby certify that the information on this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request False of misleading information may be punishable by a fine of up to f1ve hundred dollars ($500.00) and imprisonment of up to thirty (30) days and may result in the nimmary y denial of this application. 1.2 / -- Date Flev-. 8/00 Okeechobee County Courthouse Expansion Pr . oject Blocks 125 and 138 City of Okeechobee Request for a change in zoning from Commercial Professional Office (CPO) to Public Use (PUB). Statement of Interest in Property TheBoard of County Commissioners is the owner ofLots 1-12,Block 125, Okeechobee subdivision, according to the plat thereof recorded inPlatBook 5, Page 5, public records of Okeechobee County, Florida. . The Board of County Commissioners also is the owner of adjoining property described as Lots 1-12, Block 138 and Lots 1-6, Block 157, all in Okeechobee subdivision according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. TheBoardof County Commissioners County is represented inthese land useproceedings byCountY Administrator George A- Long. 00001485.WPD If Okeechobee Coianty Courthouse Expansion Project Blocks 125 and 138- City of Okeechobee Request for a change in zoning from Commercial Professional Office (CPO) to Public Use (PUB). Legal Description of Property Legal description of the property for which Okeechobee County is applying for a change in zoning: Lots 1-12, Block 125, Okeechobee subdivision, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. 00001485.WPD T; Okeechobee County Courthouse Expansion Project Blocks 125 and 138 City of Okeechobee Request for a change in zoning from Commercial Professional Office (CPO) to Public Use (PUB). Resolution 98-10, Information 4, Statement of Use Statement of special reasons and basis for the request Okeechobee County intends to construct new court facilities to augment the existing, historically significant building. The existing courthouse will be renovated and likely will continue to provide some court functions and perhaps will house other county government offices. Because the City of Okeechobee is the county seat, it is important that the courthouse, including the new court facilities, remain in the downtown area. The new court facilities will include a three-story, state of the art building that will incorporate architectural features of the historic courthouse.- The existing and new court facilities, each on an entire city block, will form a judicial center for the county that will be unified by function, architecture and landscaping. The prop I erty on which the new facilities are proposed to be located is zoned Commercial Professional Office (CPO). As the new court facilities will be for government use, a more appropriate zoning classification for the property is Public Use (PUB). Intended use, nature of activities and development of property The new court facilities include a 72,922 square -foot building, proposed to be constructed in the heart of the city's business and office district. The new court facilities will house most of the court functions currently operating from the historic courthouse. In addition, the offices of the state attorney and public defender will be relocated from their current location at the County Annex on NW 5 1h Avenue. The three-story building housing the new court facilities will be located in the center of an entire city block, immediately to the north of the historic courthouse. The site will be developed with on -street parking surrounding the new facilities, and the entire two -block judicial center area will be landscaped. Future plans include two more buildings to be constructed on the east and west side of the judicial center to house additional court or county government operations. Existing uses of surrounding property The subject property is in the city's office district. To the north are two residences and a business. To the east are a church and vacant property owned by the church. To the south is the existing, historic courthouse. To the west are two businesses. Professional offices and county government buildings predominate throughout the entire area. 00001486.WPD n U1,10 1, 3 8 5 17 'Palo D=Mwftty Stamps paid In the arnaLint a, AUGM11Y at Law I fft a Class C InterWbil Tax paid 111" 11 Cassmis & McCall p,O. Box 983 400 NW Second Street Robertson Clark, ofCj=ttCoUrt Okeechobee, Florida 349T3 Florida 863-793-3131 .C. O.0 File No.: 9203 RP Parcel Identification No. Otbn fSpaca Above This Una For Recording DataL__—� - Warranty Deed (,qTATUTORy FOILM . SECnON 689.02, F.S.) This Indenture made this Sth day of ulay, 2000 Between MARY LINDA UTT. and GA�y W. UTT, her h..b.nd whose past oMca address Is 311 NW 2rd Avenue, Okeechobee, Florida 34972 of the Caunty of Okeerhobse, State of Florida, grantee, and OKEECHOBEE COUNTY; a pollUcal Subdivision of the State of Florida whose post effica address Is do C&ssgig & McCall, 400 NW 2nd Strait, Okeechobee, Florida 34912 of the County of Okeechobee, State of Florida, grianIAW, Wituesseth that said grantor, for and In consideradon of the sum, of TEN AND NOM00 DOLLARS (310.00) and other good and valuable considerations to said grantor In hand paid by said grantee, Me recalpt whereof is hereby acknowledged, hm granted, bargained and sold to the sold grantee, and grantee's heirs and assigns forever, the fedowing described land, situate, lying Wd being in Okeechobee County, Florida, to -wit: LOTS % 2. AND 3, BLOCK 125, OKEECHOBEE. ACCORDING TO THE PLAT 11-iEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE cOUN . TY, FLORIDA. reserva0ans-and�essements-cf.re=rd,-If any. - and said I grantor does heretry fully warrant the 1111a to said land, and will defend the same against lawful claims of ad persons whomsoever. - -G.Mcr- and -Gmntse, � used for Mr4uf2f ff Pf�� 25 cm%ext Mq'ums' In Witness Whereof, grantor has hereunto set grantees hand and seal 6)a day and year first above written. If '2�4 /101- (Seal) MARY LWIJA UTT GAV W. LJX7 State of Florida County of Okeechobee The foregoing Instrument was acknowledged before me this Sth day of May, 2000 by MA Y LINDA LTTT and R CARY W. UTr. who U are personalty o%Vn or U have produced ow or na n Ida as ntffl n [Notary Seall OF Ncta PUPI- ia XAM AMMCM Printed Name. INCIrMy pusLICSTATSCIP My Com. e n4m COMMMON No. CCW= My Cornrr� ic Expire FILED 7`7 PICORD OKE[ CO. FL. 331011 00 MAI AM Ili 38 U LZE14 & %:)URT -'s JOHN D. CASSELS. JR. Otte"oncniary MAmP3 POLI ill (Ill? ankmot at Attorney at Law 3 Cassels & mccad uit P.O. Box 968 400 NW Second Street Okeechobee, Florida 34273 —RftL,.,, a,,Z,7d7,T,, —,,, 50-70-31311 OkcwJU= CLxjnty, I Iomu Fite No.: 9412 Grantee S.S. No. Date: P3rcel Identification No. Z.1547-394010-01250.0040 space Above This Linn For Recording DataL ------ R-V� 4 -CT) Warranty Deed .D 0C - 0— (STA TUTORY FORM . SECTION 699.OZ F.S.) This Indenture ffwda this 20th day at November. 2000 llct%yccn NIARLENE CURLEY, a single parson whose post ofte addrsas Is of the County of Okeechobee, Shits TOM W. CONELY, 111, P.O. Drawer 1357, Okeechobee, Flodd& 34973 of Florida, grantor, and Okeechobee County, 2 political subdivision of the State of Florida whose post office address Is 304 NW 2nd Street. Okeechobee, Florida 349T2 of the County of Okeechobee. State of Florida, grantee'. Witnesseth that saki gmntm for and In consideration of the sum of TEN AND N01100 DOLLARS (31o.00) and other good and valuable curraderedons to sald-grantor In hand pold by %aid gmtm the receipt whereof 13 hereby acknowledged. has gmnftcL bargained. and sold to thij sod grantee. and. grentse's heirs and assigns forever. the following described land, sdualle, lying and being In Okeechobee County Florida, k"'wit' LOT 4 AN13 THE E 112 OF LOT 5, BLOCK 125, OKEECHOBEE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK il,, PAGE 5� PUBLIC RECORDS OF OKEECH013EE COUNTY, FLOR'DA- THE ABOVE DESCRIBED PROPrm I 1 13 NOT NOW. NOR HAS rr 13EEN IN THE PAST, THE HOMEMA13 THE GRANTOR - Subject to metrictIons, ressavedons and as mentsof-ecZ2 .11'nY. same against lawful clairris of and said grantor does humbly Mly warrant the nins to said land, and win defend the an persons whorrisciever. 'llalW all, f. 3jqAW ar ph." as �w*amt r.W In Witness Wbereof, grantor has hereunto set granter's h2nd and seat the day and year first above writteln- Signed, seated and delivered In our pramancz F8 R 0 ION . . . . . . . . . . TY. FL WMM ass N arrma: 345226 11109 NOV SHAR014 ROBERTSON CLERK OF CIRCUIT COUP.T state of ftnda County of Okeechobee d before me thls�day of November, 2000 try MARLENE CURLEY, The foreging hstrumenti'mu acknowledge as Wendficallon. who ajfs pqnp=4 known or U his produced Notary ub�ic (Notary Saall 0 in, rnar r Orinted Namir J�� ymm 0—ft M ass My Coawnl3slon FApW= MIN A I% - 11111111111111111M 2 9 1 all by a to: 5=9 I Sbullps PW In ft amoufft of , JR. CAtSim S,03�_ Attorney at Law C-m C. Vdanoble Tax paid in the amourd Cassels & McCall of $ P .0. Box 268 400 NW Second Street G;.,11chatime, Florid@ 349T3 &'Nrm 862-783-3131 Ok�C"� F File No.: 9120 Grantee S.S. No. psm-el Identification No. 3-1647-33-00 0-01250-0060 'Space Above This Uns For Recording Catal Warranty Deed (STATUTORY FORIA - SECIION 689.02. F-S.) This Indenture made this 3rd day of April, 2000 13ctWccn JERRY M. KEMP and BRENDA S. KEMP. his wife whose Post office address Is lade NE 32th Blvd, Okeechobee, Florida 349T2 of the County of Okeechobee. State of Florida, grantee. and OKEECHOBEE COUNTY. a poftcal subdivision In the State of Florida whose post office address Is clo Cassels & McCall, 400 NW 2nd Street, Okeechobee, Florida 34ST2 of the County of Okoo0obee, State of Florida, grantee'. Witnesscth that sold grantor, for and In consideration of the am of TEN AND NO1100 DOLLARS (3111.001 and other good and valuable considerations to said grantor In hand paid by said Venice, Me whereof Is Imeby admowledged, has gmnted, bargained, ard sold to the said grantoot, and grnntasfs helm and assignet kff~, am following described tend, situate, " and being In Okeechobee County, Florida, LOT 6 AN13 THE WEST 112 OF LOT a, BLOCK 125, OKEECHOSM ACCORDING TO THE PUT THEREOF RECORDED IN PLAT BOOK 5, PAGE 3 OF THE PUBLIC REC13RUS OF OKEECHOBEE COUNTY. FLORIDA. Subject to reservations and easements of record, It a". .—and said-grmtor does-her!t�ful.ty-�vwxi!r4,V�t4go.ta sakLiand-and wiLdefend.the ii� agoinst-lawful 01 ad persons whomsoviver. -QwdW and -G-dW — osed fm *WOW W Phe-k -eftd —A*— In Witness Wbemcf, grantor has hereunto set granters hand seal the de"y and y7ew first abov"s Writton. SAWgIne,1sa"s, , and delivered In our presence: Seal) 1A In Name: -:MR�) ��KEMP Wtne!�s Name: r Seat) State of Florida County of Okeechobee The foregoing Instrument was acknowledgaJd1fore MIN this 3rd d y of April. 2000 by JERRY M. KEMP and to d :�n BRENDAj S. KEMP. who re n3fly known or U have produced andficatl If �Nctary So Notary ubfic Prin: Name: 6 4?�, rin An, v�na EME My Cornmission Expides. r.uvs — (i ; �� 4� X. FR F D FOR q Ct)jfl) 33560.9 L CO. FL. 00 Ilp- -1 PM IT- nq S H A R ON R QW. R T S 0,, .LERK al� r:!rE:t1t7 COUR, 5'1�. ?15 1 252 24G ..... .... .. This 10airanty Pud v.-;� it.. 17th -1— --f DECEMBER A. 1). m 8 2 h, TOM W. CONELY, III and EVA MAE CONELY, his wife OKEECHOBEE COUNTY, a Political Subdivision oC tha State o[ Florida 304 Northwest Second Street, Okeechobee, Fla. 33472 Iffitnesseth: Tll.a it ... ....... I..,. J_ 1 16 .1 S 10.00 ..4 .11", x m 16 ldl Ifiw - I I -.4-Okeechobee Lots 7, 8 and 9 of Block 1.25, OKEECHOBEE, according to the plat thereof r ' ecorded in Plat Book 2, Page 17 of the Public Records of St. Lucie County, Florida,. a copy of said plat being recorded in Plat Back 1, Page 10 of the Public Records of Okee- chobcc Coun�y, Finri.da. SUBJECT.TO restrictions, reservations and easements 'of record, if any. F FILED FOP RECORD OKE-ECHOOE--- C-I)WITY. F! oz: jz 2 5. U' 1) 1 151 183 SIZ DEC 17 FIN e. 10 CLIF 8 iS Togeler will, Ill[ Ifi. foln-Iff.. h-dilci.mis livid itlip-tm Ft i4w-- To Rave and to liold, th, 1. 1- Rnd it, .i., h ... h, .III "W". th.l. th. fl-l- 1. 6.4tIlry �O-d of mid I -I I- 'i.ph-: Ill.$ lh� h- fl-I olight ..J I-i"If -0-11, 0. .It ..d -.I" mod 6-1: thiml Ih. f1m.1- h-h, fullr ..-1. 11- fill, I. -ii I..d ..,I Ill 41-d d--; th, 6-fid Li- .1 p—Ii .-h--- —d 161 -id 1—d i. If —I—h—oa. I —PI f— .1—ilrig mh—q—1 r)—h- It, Ig 8 1 - In 10itneSS 10hfr0f, fill mill h iq-4 d -Id [A- P-f. ill. d.y nd y", ff.1 dh— —ill— ........ ... ...... ........ ... . ........ ........ . STATF (IF FLORIDA COUNTY OF OKEECHOBEE r HEREBY CERTIFY III., — hi. d.,. h,(— S.— N—id -d i. Ill, .[—d P—.11, IPT—d TOM W. CONELY, Ill and EVA MAE CONELY. his wife I, w In— I, I, Ih,- wr—S II-0-1 , —1 l., --'l III, 1--i- --d each. -rk-im,m bf- - ik-, they ,—rd kI, WtT.'IE55..y h..j d dri'i.l —1 1. 111, U..— —I I— .,—.�d 17 th . 4, 4 ,.PECF.',IBFR A. 0. 19 82 TOM ill. CONE 207 NW 2nd Strcvt 246 Okeechobee, �Ia. k!472 i T D=mantary Stamps paid in the amount of S Prepared by end retum to: JOHN 0. CASSELS, JR. Class C Intangible TaK paid In the amount - Attamey at Law 7- Cassels & McCall Sharon Robertson, Clerk of Circuit Ccurt P.O. Box $48 400 NW Second Street Okoechobea� County, Floricla Okeorcholme, Florida 34973 By: D.C. 11113-743-3131 File No.: 9328 Date: Grantee S.S. No. Parcei Identification No. ISpace Above This Una For Recording Datal Warranty Deed (STATUTORY FORM - SFCnCN 689.02, 173.) This Indenture made this 31st day of October, 2000 Betiyeen R.H. BARBER, a married man whose post office address Is P.O. Elox 2430, Okeschabee, Florida 34973 of the County of Okeechobee, State of Florida, grantor, and OKEECHOBEE COUNTY, a political subdivision In the State of Florida whose post office address Is 304 NW 2nd Street, Okeechobee, Flodda 34972 at the County of Okeechobee, State of Florida, grantee, Witnesseth that saild grantor, for and In consideration of the sum of TEN AND NO1100 DOLLARS (310.00) and other good and valuable considemdons to said grantor In hand paid by said gmnum the receipt whereof 15 hereby acknaMedged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following desaiload land, situate, lying and being In Okeechobee County, Florida, "t LOTS 10, 11 AND 12, BLOCK 125, TOWN OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. THIS PROPERTY. does not constitute the homestead of the Grantor. w— Subject to restrictions, reservations and easements of record, If any. r J and said gnantor does hereby fully warrant the We to said laqd, and will defend the same against lawful dalms of all persons whornsoever. and -Grantee am mod for drqulv or phiral, as conted require& In Witn"s Whereof, grantor has hereunto set grantoes hand and seal the day and year 111 tabovewritten. Signed, sealed and delivered In our presence: zz./— Witneas Nbme! AE V,9 R.H.BARSER _(Seal) St2te of Florida County of Okeechobee Th foregoing instrument was acknowledged before me this Z�Nay of Cctoter, 2000 by R.H. BARBER, who 011. pemcn* known or L] has produced asidendfication. jNotary eaq Wary Pudle EVA MAE =N&y my cmamman I Cc Printed ame., EWM- as-mber I= Y Commission E.4res: FILED FOR kECORD OKEEClw"�'r COUNT Y, Ft. 344450 I PH 17: 5 7 CLERA u: -7 ;zu I I - il u lo 20 U lU i-U I '2U --I L- �u L 3 xmmm� NW TH ST �l 00 6 61 514-1-112-1 d 6 1-914-1 3 2] 1] + 4 7 8 9 11.12 7 8 9 7891011712 ]12 �6 5 1 Els 6 1 NW 6TH ST (70') vmm� vmmm� uwm� mwmwm� Ar 1 1 1 6 5 4- 3 2 1 -6 15' 14-13 1 22 1 6 5 4 3 2 1 6 3 2 9 8 7 2 9 101112 7 9 10 1112 1112 LLJ 11 24:7 8 9 10 IW STH ST (7 Ol 2 1 2 1 4.13.211 6 5 1.4-1.3 2 1 6�51�413�+ 6 5 4 :3 9 8 7 2 6 5 LLJ < 112 3 9 10 7 8 9 0 1112 7 8 9 0 1112 10111 6 C--4 NW JH ST (100') GU L'j 9 7 2 6 5 4.13j� ::>, 6 141-3 6 5 4 3 2 LLJ < 2 2 EEM111 2 Ln 10 5 7 8 -9�10 �R: 6 - 7 8 9 1112' 101 T771 NW 3RD- ST 70 6 5 4- 3 6 5 1.+Jd 2 1 6 5 4- 3 2 1 6 5 4 3 Z 1 9 8 7 2 2 1 1 - 3 112 9 10 9 101112 1.17 8 .1112 7 8 a- �10 1112 NW 2N D ST (7 C11 I. P4-3 2 11 6 . 5 2 6 6.5 4- E5 4- 3 2 5 4 3 1 H 7 9101112 2 8 11 7 8 9 01112 7 8 9. 0 11 7 8 9 101112 1 6 5 3 2111 6 5' 4 -3] 2 � 1 11 C, 15 413] 2 1 1 6 5 4- 3 �6 5 11 4 3-� 2 1. 1 lo 112 7 8 �'911 111121 7 s 9 101112 7 8 9 11 1 12 8: El I ( I 7 M jRl 2 SW 2ND ST (70 I -� Rl 6 5 4- 3 2-1-1 4. 3 2 [11 1 r, � 5 �4-13 1 -9 E3 2 1 6 5 4- 3 1 12 T — 171 8 1 9 1�� 10111 [T 'I I Iq 17 I'S'l 9'jo 1711 V.17 I Sig 10 111 17� 8 1'9'11]01111� 7 8 1�9'11�o 11112 L �2 0 0 20 � 1 =0 20 r-2-0-1 - .. .0 . NW 7TH ST (100') mmm� ... W� 6 5 4 3 2 1 2 1 6 51413 2 � 1 1 +�4�3 . 12 1 9 —2 3 4 6 7 8 12 7 8 9 7, 9 5 NW 6TH IT (70') �W 5TH IT 1 q Fti F NW 4TH IT (100') GU r-- 6 5 1112 Ln 7 8 9 10 El 7 1,911,01 11112 -" 1,-,Y. R., 1111-1111 7 8 '9101111 1 NW 3RD- IT (70') F5T 6 5 4 3 2 1 6:* 112 7 8 9 1 7 ��,a 7, , -8 12 9., NW 2ND 1 70' 2E 6.5 3' 1 [lj= 1 pim I jj L A L E 5: 6 -91, -3 F[5 4,-3 2 �El 6 -9 4j 3 6 51, -3 1 ]21]1 2 _121 11 7 8 9 101112 I �111111 I ' - 10 7 8 9101112 7�819 11 E, :s 1 12 SW 2NI IT (7 2 1 615-[413-121-111 615 4-,3.� 21 l'- 6 5,4 3 2 11712 17 0 11012'. 121 17LJ911101111� NW 3RD- IT (70') F5T 6 5 4 3 2 1 6:* 112 7 8 9 1 7 ��,a 7, , -8 12 9., NW 2ND 1 70' 2E 6.5 3' 1 [lj= 1 pim I jj L A L E 5: 6 -91, -3 F[5 4,-3 2 �El 6 -9 4j 3 6 51, -3 1 ]21]1 2 _121 11 7 8 9 101112 I �111111 I ' - 10 7 8 9101112 7�819 11 E, :s 1 12 SW 2NI IT (7 2 1 615-[413-121-111 615 4-,3.� 21 l'- 6 5,4 3 2 11712 17 0 11012'. 121 17LJ911101111� 1 [lj= 1 pim I jj L A L E 5: 6 -91, -3 F[5 4,-3 2 �El 6 -9 4j 3 6 51, -3 1 ]21]1 2 _121 11 7 8 9 101112 I �111111 I ' - 10 7 8 9101112 7�819 11 E, :s 1 12 SW 2NI IT (7 2 1 615-[413-121-111 615 4-,3.� 21 l'- 6 5,4 3 2 11712 17 0 11012'. 121 17LJ911101111� jj L A L E 5: 6 -91, -3 F[5 4,-3 2 �El 6 -9 4j 3 6 51, -3 1 ]21]1 2 _121 11 7 8 9 101112 I �111111 I ' - 10 7 8 9101112 7�819 11 E, :s 1 12 SW 2NI IT (7 2 1 615-[413-121-111 615 4-,3.� 21 l'- 6 5,4 3 2 11712 17 0 11012'. 121 17LJ911101111� 7 8 9 101112 I �111111 I ' - 10 7 8 9101112 7�819 11 E, :s 1 12 SW 2NI IT (7 2 1 615-[413-121-111 615 4-,3.� 21 l'- 6 5,4 3 2 11712 17 0 11012'. 121 17LJ911101111� I �111111 I ' - 10 7 8 9101112 7�819 11 E, :s 1 12 SW 2NI IT (7 2 1 615-[413-121-111 615 4-,3.� 21 l'- 6 5,4 3 2 11712 17 0 11012'. 121 17LJ911101111� House Vacant House Office ---------- :McAlpin C :Cavalcanfi 0 :Lewis CPA > Block 105 < Seniors 'Okeechobee "R" Able :Professional House �Building NW 4th St. Florida Community Farm Health Center Bureau insurance Block 126 Dorothy's Close Construction Hair Studio Offices NW 3rd St. LBFH A.M. :Atlantic Engineers :Close :Reporting :Court Reporters Block 137 Breakthrough :Cassels and Robertson Appr. :McCall Attorneys Kennedy Atty NW 2nd St. Vacant Multi -bay Garage (Vacant) Block 158 Gilbert Oil Furniture Building Store (Vacant) 3: z r z Surrounding Land Uses Offices House <-Pro Mad Clinic N, Wright DMD-> Block 106 Fulford House House Appraisals New Block 125 Courthouse Existing Block 138 Courthouse 'D E V) z Dunklin Rest Home ------------------------------ Block 107 Okeechobee Rehab NW 4th St. V A C A N T (Episcopal Church) Block 124 Pastor's Episcopal Residence Church NW 3rd St. Vacant Fellowship Hall Block 139 Vacant First Methodist Church NW 2nd St. Teen Elections Old Offices Parking Lot Town and Fire Parking Dept. <-Co�lon 4) Barber- > Block 157 Bloc k 156 small bidg- Vacant Wherrell's Offices Office Auto Parts 00001342 CHANJE I BASSWOOD WHISPERING 3 FORE T ESTATES NW 9 CIR 4 PI ES > [INW136111HIST :� ;,L> AT S .4 >: > > SLA CHAMBEI c5E z N � �: - I"M NW 34 13-13;113Z 3 3: 32 ST z 2 � . Nib N r NW 30 OKEECHOB DKEECHO "S com7m 4-p ;1!5 5 10 i7 24 LA V 23 ZILA -illan Rivet m...i IN 441 IN 20 LA z I ED A� HosprrikL 10- 18 Z ST ST > cmc INDUSTRIAL K CENTEI ARK N 14 DE*S NW 13 ST4> NC"—� CTFY -c DOUGL�_� 00 COLPT N ST SIT Ne Is ST IPARK 98 -K FNW 11 1 ST �iDll 10 10 Fm 9 N T Nw OKEECHOBEE17 cSx "1 16 IRA ArAnoN a S NW a > . NW a �Tte .1 14 7 ST ST ST 7 > > 8 ST ST N BERRY 6 S 9%RDENS ST <63 OFN—W P�;7. 5 ST A� 14 ST 3. Lu 3 Nw � N ST -i 3 L!Lj uetf�l ST INIS 4 LA z 1 ST > < r2 S� —71 2 T �-- M I Eg NW--j �H�T z c r7 CEMTER 7 ACRES ISNI 2 t ST CT '7 Tl> 11 BET -HER :-1 > E x S WINTA Er PARK 6 12 SE 19 Sw 20 21, T 23 S T I ST F.—STI — S 1 E 0 PINE ST c- Sw ACRES 0 iE HOBEE > I ST 2 34 2 ST 2 TATES E "HO EST E ff '� 4 ST 14 IE HWY S w F,-5-11[9 ST wi V is VZi ST RIV LA > Rl E TATES T7 OAK IS CT M - . -c oLS, PARK Fl ftLA c: w CC SW 21 ST 4 WOODLAND IL -�j 'w 3: OAK PARK3: LAKE 29 23 a: ESTATE 26 S Ul OAK LA E VILLAS WOLFF 13D ZETH ST . . . . . . . . . . . DURRANCE RD Sw 32ND ST COV� SEMINOLE TATES CIR W.Imrt Ok Nhobs. E VELLAGE TAYLOR ExnIBIT 2 — FEBRUARY 18 AGENDA ORDINANCE NO. 815 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY SECTION 452 MODIFICATION OF PARKING AND LOADING SPACE REQUIREMENTS, SECTION 464 REDUCTION OF PARKING SPACE REQUIREMENTS IN COMMERCIAL DISTRICTS AND SECTION 474 OFF- STREET PARKING SPACE REGULATIONS INSTITUTIONAL USES; PROVIDING FOR INCLUSION OF PUBLIC USE REGULATIONS; PROVIDING FOR OFF-STREET VARIANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number 716 known as the Land Development Regulations, and included requirements for parking and loading; and for off-street parking, in various zoning or use districts within the City; and WHEREAS, upon review of same, the City of Okeechobee, through staff analysis, has determined that public use or public facility future land use districts should be specifically addressed within these regulations; and WHEREAS, the City of Okeechobee has determined that setting forth specific parking and off - site requirements for public uses are in the best interests of the City of Okeechobee, and an appropriate and necessary promulgation of its authority; Now THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida that: SECTION 1. Sections 452, 454 and 474 of Ordinance No. 716 be amended as follows: 452 MODIFICATION OF PARKING AND LOADING SPACE REQUIREMENTS I The number of spaces may be increased, decreased, or deferred by the City Council when. - a A parking study demonstrates that the proposed use would have a demand in excess or, or less than, the requirements of these Regulations. b A parking study demonstrates that the hours of need for maximum parking for two or more joint uses do not normally overlap. c A building is in an historic district or is of historic interest. d A building is in a the Commercial, Central Business District, or Public Use Zoning Categories. Items 2 through 5 in Section 452 remain the same. 464 REDUCTION FOR PARKING SPACE REQUIREMENTS IN COMMERCIAL DISTRICTS 1 In Commercial, Central Business, and Public Use zoning districts, City Council may reduce the number of parking spaces if the Technical Review Committee finds that there is a surplus of on -street parking in the immediate vicinity of the proposed use that is not required by other uses., or that the applicant has provided sufficient off-street parking by alternative means, such as but not limited to a parking garage, or Language to be added is underlined Language to be deleted is stfuelt thmugh Page 1 of 3 adequate Parkino lots adiacent to the proposed use. 2 City Council may require the applicant to provide a parking study, or evidence of ownership or lease of alternative off-street parking. and may attach conditions to an approved or alternative Darking space reduction. 3 In the CBD the number of parking spaces shall not be reduced by more than 80 percent from that otherwise required in these regulations. 4 In ethe Commercial zoning districts the number of parking spaces shall not be reduced by more than 20 percent from that otherwise required in these regulations. 5 In Public Use zoning districts, the number of parking spaces shall not be reduced by more than 50 percent from that otherwise required in these regulations. 474 INSTITUTIONAL USES (OFF-STREET PARKING SPACE REGULATIONS) Government office, Courthouse or 1 per 20e 400 square feet of net floor area other public facilities Place of public assembly or worship 1 per 3 persons in main auditorium Hospital 1 per bed Nursing Home 1 per 4 beds, plus I for each employee at max shift Junior High School 3 per classroom Senior High School I per 6 students, plus 1 space per staff member College 1 per 3 students, plus 1 space per staff member Day Care, Pre School, Nursery 1 per 5 students, plus 1 space per staff member In lieu of student parking, day care, preschool and nurseries may provide an off- street drop off and pick up area. Required parking for government. office, courthouse or other. Public facilities shall be -calculated using net usable floor space. Such net space shall be calculated by excluding from square footage computation such space as mechanical, service, atrium, lobby and storage spaces. The areas used or covered by furnishings, office equipment, partitions, or other items used within usable floor area shall not be excluded from such computation. Usable floor area shall be considered net wace, and would include those areas such as offices, waiting and assembly areas, courtrooms, conference rooms, iu[Y rooms, restrooms, holding cells, and generally all space wherein people may meet or assemble to conduct the regular business of the facility. SECTION 2. CONFLICT All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. SEVERABILITY If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage. Language to be added is underlined Language to be deleted is struelt threugh Page 2 of 3 INTRODUCED for first reading and set for final public hearing on this 4 th of Februa!y, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 18 1h day of Februa!y, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language to be added is underlined Language to be deleted is StF--- e I i F t h..r en u g h Page 3 of 3 F"o fn T 1. CALL TO ORDER - Chairperson Land Planning Agency January 28, 2003, 7:00 p.m. CITY OF OKEECHOBEE LAND PLANNING AGENCY JANUARY 28, 2003 SUMMARY OF AGENCY ACTION 11. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Jerry Walker Agency Member Daniel Creech Agency Member Dawn Hoover Agency Member Thomas Keller Agency Member William Ledferd Agency Member Christopher Mavroides Agency Member Douglas McCoy Alternate Sandra Jones Attorney John R. Cook Secretary Carolyn Arnold 111. Minutes - Secretary A. Motion to dispense with the reading and approve the Summary of Agency Action for the November 26, 2002 regular meeting. Paue I of 7 - DISCUSSION - VOTE Chairperson Walker called the January 28, 2003 Land Planning Agency meeting to order at 7:03 ) p.m. Board Secretary Arnold called the roll: Present Absent (without consent) Present Present Present Absent (without consent) Present Present (serving as voting member) Present Present Agency Member Hoover moved to dispense with the reading and approve the Summary of Agency Action for the November 26, 2002 regular meeting; seconded by Agency Member Ledferd. VOTE HOOVER -YEA JONES - YEA KELLER - YEA LEDFERD - YEA MCCOV-YEA WALKER - YEA MOTION CARRIED. January 28, 2003 - Land Plannine Aaenev - Paee 2 of 7 AGENDA IV. NEW BUSINESS. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 03-00 1 - SSA. Consider a recommendation to the City Council, to change the land use designation from Multi Family and Commercial to Public Facilities located at312 N.W. 3 d Street. The property owner and applicant is Okeechobee County. ACTION - DISCUSSION - VOTE Mr. Donald Murray of LaRue Planning and Management Services, gave a brief background of the subject property. He explained that the applicant is requesting to change from Multi Family and Commercial to Public Facilities to allow for the new courthouse. Mr. Murray explained that the proposed use is consistent with the surrounding uses and with the comprehensive plan. He further explained that the biggest concern are with the traffic impact as well as parking. Mr. Murray noted that this application is also in connection with Petition 03-001 -R a rezoning request. PlanningStaff recommends that the Land Planning Agency recommend to the City Council to grant approval of Application No. 03-001 -SSA to change the existing land use from Multi Family and Commercial to Public Facilities to allow for the new courthouse located at 312 N.W. 3" Street. Agency Member Hoover had concerns for the parking issues. Attorney Cook explained that there were some Land Development Regulation amendments proposed specifically for parking issues on this agenda. He explained that some of her concerns might be taken care of at that time. Attorney Cook noted that the County would still have to abide by the other parking requirements and regulations. Mr. Bill Royce, Planning Director for Okeechobee County, addressed the Agency. Mr. Royce informed the members that this application is strictly for the vacant block to north of the existing courthouse. The existing courthouse is currently designated as Public Facilities. There was no further public comment. There was no further discussion from the Board. Agency Member Keller moved to recommend to the City Council to grant approval for Application No. 03-001 -SSA, to change the land use designation from Multi Family and Commercial to Public Facilities located at 312 N.W. 3 d Street. Agency Member McCoy seconded the motion. VOTE HOOVER -NAY JONES - YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. January 28, 2003 - Land Plannine Aizencv - PaLye 3 of 7 AGENDA IV. NEW BUSINESS CONTINUED. ACTION - DISCUSSION - VOTE B. Consider amending Volume One of the Unified Land Development Code (Land Attorney Cook explained that in the Commercial Business District zoning there is a zero setback Development Regulation's - LDR's). The proposed will amend Section 390 and due to this it is near impossible for any business to comply with the additional regulations. Central Business Zoning District, more specifically Section 395, Additional Regulations. There was discussion regarding the purpose of the citizen boards if this amendment was granted. It was also discussed about the intentions of the citizen boards and was it not their responsibility to make something impossible become reasonably attained. Attorney Cook suggested that if the Agency feels this should be granted but is not comfortable with the wording they can recommend that to the City Council. There was no public comment. There was no further discussion from the Agency. Agency Member Hoover moved to recommend to the City Council to grant approval but, allow for more definitive wording. Agency Member McCoy seconded the motion. VOTE HOOVER - YEA JONES - YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. C. Consider amending Volume One of the Unified Land Development Code (Land Attorney Cook explained that the intent of the amendment was to add Public Facilities zoning Development Regulation's - LDR's). The proposed will amend Section 452 district to the existing Commercial Business District. Modification of Parking and Loading Space Requirements. There was a brief discussion about if there were any concerns the City Council can order a parking study to be completed. It was stated that an applicant would still need to comply with other regulations within the zoning district There was no public comment. There was no further comment from the Agency. Agency Member Ledferd moved to recommend to the City Council to grant approval of Land Development Regulations amendment to Section 452. Agency Member Hoover seconded the motion. January 28. 2003 - Land Plannin - PaLye 4 of 7 AGENDA IV. NEW BUSINESS CONTINUED. C. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation"s - LDR's) continued. VOTE HOOVER - YEA JONES - YEA KELLER - YEA LEDITERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. ACTION - DISCUSSION - VOTE D. Consider amending Volume One of the Unified Land Development Code (Land Attorney Cook explained that he has spoken with Mr. LaRue's office as well as the County's Development Regulation's - LDR's). The proposed will amend Section 454 Planning Director and feels that this amendment will benefit everyone. Reduction of Parking Space Requirements in Commercial Districts. There was no public comment. The there was no comment from the Agency. Agency Member Ledferd moved to recommend to the City Council to grant approval for the amendment of the Land Development Regulations specifically to Section 454. Agency Member Keller seconded the motion. VOTE HOOVER -YEA JONES - YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. E. Consider amending Volume One of the Unified Land Development Code (Land Mr. Donald Murray of LaRue Planning and Management Services explained that the courthouse Development Regulation's - LDR's). The proposed will amend Section 474 Off should be added to the government offices because the uses are equal. He further explained the Street Parking Space Regulations, subsection Institutional Uses. additional change from floor area to net floor area and feels this was in the best interest for the City. There was no public comment. There was no discussion from the Agency. January 28. 2003 - Land Plannina Aimnev - Paae 5 of 7 11 AGENDA 11 ACTION - DISCUSSION - VOTE 11 IV. NEW BUSINESS CONTINUED. E. Consider amending Volume One of the Unified Land Development Code (Land Agency Member Ledferd moved to recommend to the City Council to grant approval for the Development Regulation's - LDR's) continued. amendment of the Land Development Regulations specifically to Section 474. Agency Member I Hoover seconded the motion. VOTE HOOVER -YEA JONES - YEA KELLER - YEA LEDFERD - YF A MCCOY - YEA WALKER - YEA MOTION CARRIED. F. Consider amending Volume One of the Unified Land Development Code (Land Attorney Cook explained that in May of last year this was initially changed. The purpose then to Development Regulations - LDR's). The proposed will amend Section 754 change this section was to make certain that several nonconforming uses disappear. Priorto the Change or Transfer of Nonconforming Use or Structure. change you could continue a nonconforming use and structure but not intensify it once the property was sold. With this wording it would allow for additions and revisions made to both residential 11 and commercial uses and structures. There was no public comment. There was no comment from the Agency. Agency Member Ledferd moved to recommend to the City Council to grant approval for the amendment of the Land Development Regulations specifically to Section 754. Agency Member Keller seconded the motion. VOTE HoovER-YEA JONES - YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. January 28. 2003 - Land Plannin2 Aaenev - Pa2e 6 of 7 11 AGENDA 11 ACTION - DISCUSSION - VOTE 11 IV. NEW BUSINESS CONTINUED. G. Consider amending Volume One of the Unified Land Development Code (Land Attorney Cook explained that the previous agenda ties into this section of the Land Development Development Regulation's - LDR's). The proposed will amend Section 758 Regulations and to keep them consistent should be approved. Extension of Nonconforming Structure. There was no public comment. There was no comment from the Agency. Agency Member Ledferd moved to recommend to the City Council to grant approval for the amendment of the Land Development Regulations specifically to Section 758. Agency Member Hoover seconded the motion. VOTE HOOVER -YEA JONES - YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. H. Consider amending Volume One of the Unified Land Development Code (Land Attorney Cook explained that this section also ties into the two previous items and would be best Development Regulation's - LDR's). The proposed will amend Section 759 to keep the Land Development Regulations consistent with approval of this amendment. Repair of Nonconforming Structure or Use. There was no public comment. There was no comment from the Agency. Agency Member Ledferd moved to recommend to the City Council to grant approval for the amendment of the Land Development Regulations specifically to Section 759. Agency Member Hoover seconded the motion. VOTE HOOVER -YEA JONES - YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. January 28,2003 - Land P - Pa2e 7 of 7 AGENDA V. ADJOURNMENT -CHAIRPERSON. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning Agency 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 ofthe proceedings is made. which record includes the testimony and evidence upon x� litch the appeal is to he based. Cit� Clerk tapes are for the sole purpose of' backup for official records ofthe Clerk. Jerry Walker, Chairperson ATTEST: Carolyn Arnold, Secretary ACTION - DISCUSSION - VOTE Attorney Cook mentioned to the members that the City Council will be addressing mobile homes within the city limits. He indicated that age limit restrictions will be one of the major concerns that will be addressed. There being no further items on the agenda. Chairman Walker adjourned the meeting at 7:40 p.m. County County Seat Parking Spaces Required for Business/Government Office Alachua Gainesville 1 Space / 300 Square Feet Baker Macclenny 1 Space / 200 Square Feet Bay Panama City 1 Space / 300 Square Feet Bradford Starke Brevard Titusville 1 Space / 150 Square Feet Broward Fort Lauderdale 1 Space / 250 Square Feet Calhoun Blountstown 1 Space / 300 Square Feet Charlotte Punta Gorda Traffic/Parking Study Citrus Inverness to be determined by Development Services Dir. and City Manager Clay Green Cove Springs 1 Space / 200 Square Feet Collier Naples 1 Space / 300 Square Feet Columbia Lake City DeSoto Arcadia Dixie Cross City Duval Jacksonville 1 Space 300 Square Feet Escambia Pensacola 1 Space 500 Square Feet Flagler Bunnell Franklin Apalachicola 1 Space 500 Square Feet Gadsden Quincy Gilchrist Trenton 1 Space 200 Square Feet Glades Moore Haven Gulf Port St. Joe Hamilton JasDer Hardee Wauchula 1 Space 167 Square Feet Hendry LaBelle Hernando Brooksville 1 Space 250 Square Feet Highlands Sebring 1 Space/ 400 Square Feet Hillsborough Tampa 1 Space / 285 Square Feet Holmes Bonifay Traffic /Parking Study Indian River Vero Beach 1 Space 150 Square Feet Jackson Marianna 1 Space 300 Square Feet, or determined by Planning Board Jefferson Monticello 1 Space 300 Square Feet Lafayette Mayo Lake Tavares 1 Space 250 Square Feet / 1 Space / 4 seats in Courtroom Lee Fort Myers 1 Space 250 Square Feet Leon Tallahassee 1 Space 250 Square Feet Levy Bronson Liberty Bristol Madison Madison 1 Space 200 Square Feet Manatee Bradenton 1 Space 250 Square Feet Marion Ocala 1 Space 300 Square Feet Martin Stuart 1 Space 300 Square Feet (public, semi-public office) 1 Space 200 Square Feet municipal or community building County County Seat Parking Spaces Required for Business/Government Office * Miami -Dade Miami 1 Space / 300 Square Feet Monroe Key West 1 Space 1300 Square Feet Nassau Fernandina Beach 1 Space 1400 Square Feet Okaloosa Crestview 1 Space / 200 Square Feet Okeechobee Okeechobee 1 Space / 200 Square Feet Orange Orlando 1 Space / 250 - 400 Square Feet Osceola Kissimmee 1 Space / 300 Square Feet Palm Beach West Palm Beach 1 Space / 400 Square Feet Pasco Dade City 1 Space / 300 Square Feet Pinellas Clearwater 1 Space 1200 - 333 Square Feet Polk Bartow 1 Space / 400 Square Feet Putnam Palatka 7 Spaces/ 1000 Square Feet of area used for office purposes, or St. Johns St. Augustine to be determined by the Planning Board 1 Space / 400 Square Feet St. Lucie Fort Pierce 1 Si)ace / 300 Scivare Feet Santa Rosa Milton 1 Space / 300 Square Feet Sarasota . Sarasota 1 Space / 300 Square Feet / 600 Sauare Feet (Non Public) Areas Seminole Sanford Sumter Bushnell 1 Space / 400 Square Feet Suwannee Live Oak Taylor Perry Union Lake Butler Volusia DeLand 1 Space / 200 Square Feet Wakulla Crawfordville 1 Space / 200 Square Feet Walton DeFuniak Springs 1 Space / 400 Square Feet Washington Chipley 1 Space / 100 Square Feet Where a category for government offices or uses was not listed, the parking requirement for professional or business offices is listed Parking spaces provided as follows Courthouse Business Total Off -Street Parking Lots Courthouse Expansion property, on -site access via NW 4th St. interiorof Block 125 construct 28 0 28 First Methodist Church property access via NW 3rd Ave. interior of Block 139 construct 69 0 69 Total Off -Street Parking Provided 97 0 97 Total Off -Street Parkinq Required 91 Off -Street Parking Surplus 6 On -Street Parking Contiguous to Courthouse Expansion Block 125 NW 4th Street South side from NW 3rd Ave, to NW 4th Ave. adjacent to Block 125 stripe 15 0 15 NW 3rd Avenue West side from NW 3rd St. to NW 4th St. adjacentto Block 125 construct 13 0 13 NW 4th Avenue East side from NW 3rd St. to NW 4th St.— adjacent to Block 125 construct 15 0 15 SubTotal 43 0 43 North and East: NW 3rd Street Okeechobee Rehab, Episcopal Church, First Methodist Church areas North side from NW 2nd Ave. to NW 3rd Ave. adjacent to Block 124 existing 16 0 16 NW 3rd Street South side from NW 2nd Ave. to NW 3rd Ave. adjacent to Block 139 existing 20 0 20 NW 4th Street North side from NW 2nd Ave. to NW 3rd Ave. adjacent to Block 107 stripe 20 0 20 NW 4th Street South side from NW 2nd Ave. to NW 3rd Ave. adjacent to Block 124 stripe 20 0 20 NW 4th Street North side from NW 3rd Ave. to NW 4th Ave. adjacent to Block 106 stripe 14 2 16 NW 3rd Avenue East side from NW 3rd St. to NW 4th St. adjacent to Block 124 construct 20 0 20 SubTotal 110 2 112 West of Courthouse Expansion Area NW 3rd Street North side from INW 4th Ave. to NW 5th Ave. adjacent to Block 126 existing 0 15 15 NW 3rd Street South side from NW 4th Ave. to NW 5th Ave. adjacent to Block 137 existing 0 7 7 NW 4th Street North side from NW 4th Ave. to NW 5th Ave. adjacentto Block 105 stripe 0 12 12 NW 4th Street South side from NW 4th Ave. to NW 5th Ave. adjacent to Block 126 stripe 0 16 16 NW 4th Avenue West side from NW 3rd St. to NW 4th St. adjacent to Block 126 construct 0 16 16 SubTotal 0 66 66 Total On -Street Parkinci Provided Ih Ilp 153 68 221 Total On -Street Parking Required 91 On -Street Parking Surplus 62 Total Parking Provided 250 318 Im Total Parking Required 1��' N 182 Total Parkina Suriolus 68 Total Existing Parking Spaces 36 22 58 Total Parking Spaces to Stripe 4 69 30 99 Total Parking Spaces to Construct On -Street 48 16 64 Total Parking Spaces to Construct Off -Street 97 0 97 Total Parking Provided 250 68 318 00001420 t" '�p Availability of On -Street Parking 0 0 House Vacant House 0) W W Office 0 — : ---------- — :McAlpin U C 0 :Cavalcanti 4) =3 :Lewis CPA > - Block 105 _0 _0 0) W Q) — M — 0 a U =3 CD =3 Cn U) U) cn 0 4t 0 0 M 0 Seniors Okeechobee : 0 0 Fulford U 0 "R" Able :Professional House C: 3' r- House H:ouse Appraisals r- R. r- :Building z z :3 stripe 12 stripe 14 + 2 NW 4th St. stripe 16 stripe 15 Florida Community Farm (D Ln Health Center Bureau Insurance Block 126 U) U) Dorothy's Close Construction C -iair Studio Offices 0 0 existing 15 NW 3rd St. existing 7 LBFH :A.M. :Aflantic r� C) Engineers :Close :Reporting Court Reporters 0) 0) Block 137 Breakthrough U) to :Cassels and X X RobertsonAppr. :McCallAttomeys a) a) Kennedv Attv NW 2nd St. Vacant Multi -bay Garage (Vacant) L31OCK 1 bd Gilbert Oil Furniture Building Store (Vacant) 00001599 W z construct parking lot 28 spaces New Block 125 Courthouse ------------ Existing Block 138 Courthouse existing 20 exisung i t Teen Elections Old Town and Fire Parking Dept. RI-1, 1 -;7 small bldg. Vacant Wherrell's Auto Parts Dunklin Rest Home -------------------------------- I Block 107 Okeechobee Rehab stripe 20 NW 4th St. stripe 20 V A C A N T (Episcopal Church) Block 124 U) 0) r_ r_ Pastor's Episcopal 0 0 Residence Church U L) existing 16 NW 3rd St. existing 20 Vacant Fellowship '4 — Hall 0) 0) C: C Block 139 W 0 construct parking lot X X 69 spaces First Methodist a) a) Church (D a) z NW 2nd St. Offices Parking Lot -Conlon Barber-> Block 156 Offic�s Office 1 02/18/03 ICA t-A kc'— k-t-7 A Comparison of Parking Space Requirements for Government Buildings Note: Most parking space requirements for government buildings are typically determined by the City Council or County Commission and are not listed in the parking standards section of the local government Zoning Code. Others apply a standard based on office space and public assembly area. The standards below were selected to give an example of the variety and type being applied in cities and counties in Florida and other states. Most have some mechanism for reviewing parking for uses that are not typical or identified in their codes. Some jurisdictions require parking studies when asking for reductions or waivers for the number of parking spaces required by their codes, and some require hearings to determine appropriate reductions in addition to a parking study. City of Orlando, Florida Offices — general, government, postal 2.5 spaces per 1,000 sq. ft. GFA minimum Note: This may range to a high of 4.0 spaces per 1000 GFA but not less than the minimum. ZD Alexandria, Virginia Office Buildings Parking Districts Required parking (spaces per sq. ft. floor area) 1 2 3 4 5 6 1/500 1/450 1/475 1/475 1/475 1/600 Minimum Car Pool Set Aside = 5% See Sec. 8-200(A)(I 8)(b) of Zoning Ordinance for car pool parking requirement ZI Reductions are allowed by requesting a waiver. Z, Tallahassee, FL Government Use I space per 250 square feet of gross floor area.* * 50150 onsite/offsite For an office building of 6 or more stories in height and which contains less than 250,000 square C� feet of gross floor area of office uses, the parking requirement shall be I space per 300 square feet of gross floor area Hillsborough County, Florida Public Use Facilities 3.3 spaces per 1,000 sq. ft. GFA City of Winterpark, Florida Offices (professional, nonprofessional, including real estate and condominium rental offlce� One space for each 400 square feet gross floor area. Reductions may be requested for uses not listed. Brunswick County, NC Government Offices One space for each three hundred (300) square feet of gross floor space. Brookline, MA Allows I space for every 350, 450, 550 GFA based on floor area ratios Santa Clara, CA Financial Institutions, Governmental Offices: I space per 250 gross square feet. Walton County, Florida Project Specific Waiver of General Requireinents. Where the Planning Director determines, upon request of an applicant and review of supporting, data provided by the applicant, that the number of spaces generally required by this section is excessive for a specific proposed project, the owner or agent may substitute landscaping lieu of paving provided said areas are reserved and available for conversion to parking area in the future should the County find those spaces are needed, and further provided: The owner of the land upon which such parking is being reserved shall enter into a written agreement with the County, ensuring that the reserved parking area shall never be encroached upon, used, sold, leased, or conveyed, for any purpose except in conjunction with the building or use which the reserved parking area serves so long as the off-street parking facilities are 2n required. This agreement shall be in a form acceptable to the County and shall be recorded in the I Public Records of Walton County at the expense of the benefiting owner. Tampa, Florida Schools and Public Buildings: One space per 10 seats Escambia County, Florida Office buildings: One space for each 300 square feet of gross floor area in the building. Reduction for shared orjoint use ofparking spaces. The director may authorize a reduction in the total number of required parking spaces for two or more uses jointly providing off-street parking when their respective hours of need and amount of parking needed do not normally e3l overlap. Reduction of parking requirements because of joint use shall be approved if the following conditions are met: The developer submits sufficient data to demonstrate that hours and amount of demand for parking at the respective uses do not normally overlap. trl The developer submits a legal agreement, in which the county shall be a party with enforcement authority, which shall be approved by the county attorney, guaranteeing the Joint use of the off- street parking spaces signed by all property owners involved, as long as the uses requining ID parking are in existence and there is not a conflict of traffic between the uses that would result in a violation of the minimum standards of this section, or until the required parking is provided elsewhere in accordance with the provisions of this section. The legal agreement shall include provisions for the maintenance of the parking facility. The legal agreement shall also contain covenants running with the lands of both the dominant and subordinate parcels or uses. Albany, Oregon Plans showing property that is and will be available for exclusive use as off-street parking and loading must be presented before the city will issue building permits or approve land use applications. Joint Use of Parking Facilities. The Planning Commission or Hearings Board, upon application by all involved property owners, may authorize the joint use of parking facilities, provided that: (1) The applicant shows that there is no substantial conflict in the principal operating hours of the buildings or uses for which the joint use of parking facilities is proposed. (2) The parking facility for which Joint use is proposed is no farther than 500 feet from the building or use required to provide parking. (3) The parties concerned in the joint use of off-street parking facilities shall provide evidence of an agreement for such Joint use by a legal instrument approved by the City Attorney. An agreement for joint use of parking facilities shall be for a period of not less than 10 years and shall provide for maintenance of jointly used parking facilities. Public Right -of -Way. Parking spaces in a public right-of-way may not be counted as ftilfilling any part of the parking requirements, except as described in Section 4.250 for churches. ZD Ten spaces , plus one space for each 200 sq.ft. of floor area over 1,000 sq.ft., except that on - street parking in nonresidential areas within 800 feet of the assembly room or building may be used toward fulfilling this requirement Durham, North Carolina One space for each 200 sq.R. of gross floor area used by the public; one space for each 600 sq.ft. of gross floor area not used by the public. Town of Palm Beach, Florida Office, Professional and business service establishments, institutions: One space per 250 sq. ft. GLA Special Exception for shared use parking Fort Pierce, Florida Public and semi-public offices — One space for each 300 square feet of gross Highlands County Public Buildings (Fire, Emergency Medical Service or Sheniff Station, County Offices, etc.) - I space per 400 sq. ft. GFA of administrative office area. EXHIBIT 3— FEBRUARV 18 AGENDA ORDINANCE NO. 816 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY SECTION 395 CENTRAL BUSINESS ZONING DISTRICT ADDITIONAL REGULATIONS, SECTION 754 CHANGE OR TRANSFER OF NONCONFORMING USE OR STRUCTURE, SECTION 758 EXTENSION OF NONCONFORMING STRUCTURE, SECTION 759 REPAIR OF NONCONFORMING STRUCTURE OR USE; PROVIDING FOR EXTENSIONS OF NONCONFORMING STRUCTURES IN CERTAIN INSTANCES; PROVIDING FOR REPAIR OF NON -CONFORMING STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the City of Okeechobee, Florida has enacted Ordinance No. 716, known as the Land Development Regulations, which regulations address Central Business Zoning District Regulations in Section 390; and Nonconforming Uses and Structures in Section 750 thereof; and WHEREAS the City of Okeechobee, through staff analysis and examination of building permits has determined that a large percentage of the commercial zoning districts within the City of Okeechobee contain nonconforming uses and structures, which do not meet current building and zoning regulations and these district regulations; and WHEREAS the Land Development Regulations now provide for all such nonconforming uses and structures to become conforming to current regulations upon change in use or ownership; and WHEREAS it is determined that many of the commercial structures in the City cannot become conforming structures with reasonable diligence due to lack of parking, loading, on -site water retention, improper set -back of structures, and other reasons, and the strict adherence to the current land development regulations would effectively prohibit the sale or transfer of the structure to a new owner or tenant; and WHEREAS the City of Okeechobee desires to enforce land use and zoning regulations in an effort to improve the aesthetics, and proper land use of its commercial zoning districts within the City, as an overall plan for future growth, yet also to accommodate the landowners who wish to expand or improve their commercial structures; and WHEREAS the City of Okeechobee determines that permitting certain limited extensions or improvements or repairs to nonconforming structures can accomplish the goals of the City in this regard, yet also permit the landowners some flexibility in the development and use of their commercial livelihoods; THEREFORE be it ordained and approved by the City Council for the City of Okeechobee, Florida, that: SECTION 1: Sections 395, 754, 758 and 759 of Ordinance No. 716, Land Development Regulations, be amended in the following respects: Language to be added is underline Language to be deleted is stfuelt through Page 1 of 4 395 ADDITIONAL REGULATIONS (CENTRAL BUSINESS ZONING DISTRICT) The following additional regulations shall apply to all uses within this district. In the event an applicant cannot comply with any additional regulation due to the requirements in Section 394, such applicant may, in conjunction with the site plan review by the Technical Review Committee, request a waiver of any such additional reoulation. If the Technical Review gommittee determines that the applicant cannot comply with the additional regulation due to circumstances beyond the control of applicant, the Committee may recommend to the Board of Adiustments to waive such additional requirement. Additional Regulations which shall apply to all uses include but are not limited to: 1 Concurrency Regulations 2 Parking and Loading Regulations 3 Landscaping Regulations 4 Sign Regulations 5 Accessory Regulations 6 Supplementary Regulations 7 Environmental and Stormwater Regulations 8 Utilities Regulations 9 Building Design Guidelines 754 CHANGE OR TRANSFER OF NONCONFORMING USE OR STRUCTURE 2. TRANSFER OF NONCONFORMING USE OR STRUCTURE In the event the underlying lands on which exists a nonconforming use of stfuetufe within the City is we sold, assigned, or in any manner transferred from the name of the record owne title holder of said lands, as such ownership is feeeFded w reflected in the records of the Clerk of the Gifeuit Court or Property Appraiser for Okeechobee County, such nonconforming use ef struetufe shall not be permitted to be likewise be transferred, and seW the nonconforming use of st uetufe tl�w—een shall then be bfeught into extinguish, and any such future use of said lands shall be in compliance with all current t&-ef City Codes., amd these Fegulations land use and zo6q requirements, as set out in the district regulations applicable to such use. In the event the underlying lands on which exists a nonconforming structure is sold, assigned, or in any manner transferred from the record title holder of said lands, as such ownership is reflected in the records of the Clerk of Court and Property Appraiser for Okeechobee County, such nonconforming structure may continue in the new owner, so long as the land is not a nonconforming use, and the nonconforming structure is not expanded or repaired except as authorized in these regulations. The transfer of such nonconforming structure is further subject to the requirement that the new owner must comply, to the extent reasonably possible, considering the nature and configuration of the structure, with all current codes, land use and zoning requirements of the district regulations applicable to the structure. Language to be added is underline Language to be deleted i�-9—truelt thFough Page 2 of 4 768 EXTENSION OF NONCONFORMING STRUCTURE Extension of Nonconforming Structure A nonconforming structure she'! not may be enlarged, improved, or be brought up to current codes without concern as to whether the existing nonconfQrmi!y deals with lack of off-street parking, or on -site water retention, excessive floor area, height or landscaping, as may be otherwise required of a new structure in these regulations, so long as such development does not create a nonconforming use in that district: does not create a new nonconformity as to prope!jY line set- backs, and would not cause or create a significant impact as to drainaae. or Darkina and loadina reauirements ' ief as to - ------ -- I . 759 REPAIR OF NONCONFORMING STRUCTURE OR USE Repair of Nonconforming Structure A nonconforming structure may be maintained, repaired or altered., without concern as to whether the existing nonconformity deals with lack of off-street parking, or on site water retention, excessive floor area, height or landscapin-q, so long as such repair does not create a new nonconforming use in that district: does not create new o additional nonconformily as to prope[ty line set -backs, height, or floor area, and would not create a significant impact as to drainage, o parkinci and loading requirements pfevided stieh wefk does not, D nefease the usable euboe eentents ef the stfueture, or the eevefsoe I-VIVIW- ll. lml.-ILM- r. r. 2 Reconstruction After Catastrophe A nonconforming structure or use ' but not nonconforming use, that is damaged or destfeyed by any catastrophic means, may be repaired and restored to a safe, sanitary and usable condition, so long as the structure was not totally destroyed, and a development permit authorizinq such repair and replacement is issued and construction commences within twelve months of such catastrophe within 2 ye pfevided the neneenfefmity 09 not enlafged. 3 Reconstruction of Nonconforming Dwelling Notwithstanding the foregoing, a single family or two family nonconforming dwelling may be reconstructed or replaced within 2 years, so long as the reconstruction does not create new non conformities, nor increase the extent of the existing nonconformities with respect to yards, floor area, coverage, height, parking or landscaping requirements. Except that in the case of a nonconforming mobile home, the replacement option is permitted only one time on each lot. In the case of a nonconforming mobile home, no replacement option shall be permitted, unless such replacement meets all current codes, land use zoning and district regulations. SECTION 2. CONFLICT All ordinances or parts of ordinances in conflict herewith are hereby repealed. Language to be added is underline Language to be deleted is struelt thfeugh Page 3 of 4 SECTION 3. SEVERABILITY If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 4th of February, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 18 th day of Februa!y, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language to be added is underline Language to be deleted ii-i-irtielt thfeugh Page 4 of 4 CITY OF OKEECHOBEE LAND PLANNING AGENCY JANUARY 28, 2003 SUMMARY OF AGENCY ACTION AGENDA 1. CALL TO ORDER - Chairperson Land Planning Agency January 28, 2003, 7:00 p.m. 11. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Jerry Walker Agency Member Daniel Creech Agency Member Dawn Hoover Agency Member Thomas Keller Agency Member William Ledferd Agency Member Christopher Mavroides Agency Member Douglas McCoy Alternate Sandra Jones Attorney John R. Cook Secretary Carolyn Arnold 111. Minutes - Secretary A. Motion to dispense with the reading and approve the Summary of Agency Action for the November 26, 2002 regular meeting. 1 of 7 ACTION - DISCUSSION - VOTE Chairperson Walker called the January 28, 2003 Land Planning Agency meeting to order at 7:03 p.m. Board Secretary Arnold called the roll: Present Absent (without consent) Present Present Present Absent (without consent) Present Present (serving as voting member) Present Present Agency Member Hoover moved to dispense with the reading and approve the Summary of Agency Action for the November 26, 2002 regular meeting; seconded by Agency Member Ledferd. VOTE HOOVER -YEA JONES - YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. January 28, 2003 - Land Planning Agency - Page 2 of 7 1[7 AGENDA ACTION - DISCUSSION - VOTE IV. NEW BUSINESS. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 03) -00 1 - SSA. Consider a recommendation to the City Council, to change the land use designation from Multi Family and Commercial to Public Facilities located at 312 N.W. 3 d Street. The property owner and applicant is Okeechobee County. Mr. Donald Murray of LaRue Planning and Management Services, gave a brief background of the subject property. He explained that the applicant is requesting to change from Multi Family and Commercial to Public Facilities to allow for the new courthouse. Mr. Murray explained that the proposed use is consistent with the surrounding uses and with the comprehensive plan. He further explained that the biggest concern are with the traffic impact as well as parking. Mr. Murray noted that this application is also in connection with Petition 03-001 -R a rezoning request. Planning Staff recommends that the Land Planning Agency recommend to the City Council to grant approval of Application No. 03-00 1 -SSA to change the existing land use from Multi Family and Commercial to Public Facilities to allow for the new courthouse located at ' ) 12 N.W. 3d Street. Agency Member Hoover had concerns for the parking issues. Attorney Cook explained that there were some Land Development Regulation amendments proposed specifically for parking issues on this agenda. He explained that some of her concerns might be taken care of at that time. Attorney Cook noted that the County would still have to abide by the other parking requirements and regulations. Mr. Bill Royce, Planning Director for Okeechobee County, addressed the Agency. Mr. Royce informed the members that this application is strictly for the vacant block to north of the existing courthouse. The existing courthouse is currently designated as Public Facilities. There was no further public comment. There was no further discussion from the Board. Agency Member Keller moved to recommend to the City Council to grant approval for Application No. 03-001 -SSA, to change the land use designation from Multi Family and Commercial to Public Facilities located at 312 N.W. 3" Street. Agency Member McCoy seconded the motion. VOTE HOOVER -NAY JONES - YEA KELLER - YEA LEDFERD - YEA MCCOY - YEA WALKER - YEA MOTION CARRIED. January 28, 2003 - Land Plannin2 Azencv - Pa2e 3 of 7 AGENDA IV. NEW BUSINESS CONTINUED. B. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's - LDR's). The proposed will amend Section 390 Central Business Zoning District, more specifically Section 395, Additional Regulations. C. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's - LDR's). The proposed will amend Section 452 Modification of Parking and Loading Space Requirements. Z� CTION - DISCUSSION - VOTE Attorney Cook explained that in the Commercial Business District zoning there is a zero setback and due to this it is near impossible for any business to comply with the additional regulations. There was discussion regarding the purpose of the citizen boards if this amendment was granted. It was a] so discussed about the intentions of the citizen boards and was it not their responsibility to make something impossible become reasonably attained. Attorney Cook suggested that if the Agency feels this should be granted but is not comfortable with the wording they can recommend that to the City Council. There was no public comment. There was no further discussion from the Agency. Agency Member Hoover moved to recommend to the City Council to grant approval but, allow for more definitive wording. Agency Member McCoy seconded the motion. VOTE HooVER-YEA JONES-YEA KELLER - YEA LEDFERD - YEA MCCOY - YEA WALKER - YEA MOTION CARRIED. Attorney Cook explained that the intent of the amendment was to add Public Facilities zoning district to the existing Commercial Business District. Z:� There was a brief discussion about if there were any concerns the City Council can order a parking study to be completed. It was stated that an applicant would still need to comply with other regulations within the zoning district There was no public comment. There was no further comment from the Agency. Agency Member Ledferd moved to recommend to the City Council to grant approval of Land Development Regulations amendment to Section 452. A ency Member Hoover seconded the :n 9 motion. AGENDA IV. NEW BUSINESS CONTINUED. C. Consider amending Volume One of the Unified Land Development Code (Land VOTE Development Regulation's - LDR's) continued. HOOVER -YEA JONES-YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. January 28, 2003 - Land Planning Agency - Page 4 of 7 ACTION - DISCUSSION - VOTE D. Consider amending Volume One of the Unified Land Development Code (Land Attorney Cook explained that he has spoken with Mr. LaRue's office as well as the County's Development Regulation's - LDR's). The proposed will amend Section 454 Planning Director and feels that this amendment will benefit everyone. Reduction of Parking Space Requirements in Commercial Districts. There was no public comment. The there was no comment from the Agency. Agency Member Ledferd moved to recommend to the City Council to grant approval for the amendment of the Land Development Regulations specifically to Section 454. Agency Member Keller seconded the motion. VOTE HOOVER -YEA JONES-YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. E. Consider amending Volume One of the Unified Land Development Code (Land Mr. Donald Murray of LaRue Planning and Management Services explained that the courthouse Development Regulation's - LDR's). The proposed will amend Section 474 Off should be added to the government offices because the uses are equal. He further explained the Street Parking Space Regulations, subsection Institutional Uses. additional change from floor area to net floor area and feels this was in the best interest for the City. There was no public comment. There was no discussion from the Agency. January 28, 2003 - Land Planning Agency - Page 5 of 7 AGENDA -IF ACTION - DISCUSSION - VOTE IV. NEW BUSINESS CONTINUED. IF- E. Consider amending Volume One of the Unified Land Development Code (Land Agency Member Ledferd moved to recommend to the City Council to grant approval for the Development Regulation's - LDR's) continued. amendment of the Land Development Regulations specifically to Section 474. Agency Member Hoover seconded the motion. VOTE HOOVER - YEA JONES-YEA KELLER - YEA LEDIFERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. F. Consider amending Volume One of the Unified Land Development Code (Land Attorney Cook explained that in May of last year this was initially changed. The purpose then to Development Regulations - LDR's). The proposed will amend Section 754 change this section was to make certain that several nonconforming uses disappear. Prior to the Change or Transfer of Nonconforming Use or Structure. change you could continue a nonconforming use and structure but not intensify it once the property was sold. With this wording it would allow for additions and revisions made to both residential 11 and commercial uses and structures. There was no public comment. There was no comment from the Agency. Agency Member Ledferd moved to recommend to the City Council to grant approval for the amendment of the Land Development Regulations specifically to Section 754. Agency Member Keller seconded the motion. VOTE HOOVER -YEA JONES-YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. January 28, 2003 - Land Planning Agency - Page 6 of 7 AGENDA ACTION - DISCUSSION - VOTE IV. NEW BUSINESS CONTINUED. G. Consider amending Volume One of the Unified Land Development Code (Land I Attorney Cook explained that the previous agenda ties into this section of the Land Development Development Regulation's - LDR's). The proposed will amend Section 758 Regulations and to keep them consistent should be approved. Extension of Nonconforming Structure. There was no public comment. There was no comment from the Agency. Agency Member Ledferd moved to recommend to the City Council to grant approval for the amendment of the Land Development Regulations specifically to Section 758. Agency Member Hoover seconded the motion. VOTE HOOVER -YEA JONES-YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. H. Consider amending Volume One of the Unified Land Development Code (Land Attorney Cook explained that this section also ties into the two previous items and would be best Development Regulation's - LDR's). The proposed will amend Section 759 to keep the Land Development Regulations consistent with approval of this amendment. Repair of Nonconforming Structure or Use. I There was no public comment. There was no comment from the Agency. Agency Member Ledferd moved to recommend to the City Council to grant approval for the amendment of the Land Development Regulations specifically to Section 759. Agency Member Hoover seconded the motion. VOTE HOOVER -YEA JONES-YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. January 28, 2003 - Land Planning Agency - Page 7 of 7 AGENDA ACTION - DISCUSSION - VOTE V. ADJOURNMENT - CHAIRPERSON. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning Agency 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 proceedinas is made,,xhich record includes the testimonN and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. Jerry Walker, Chairperson ATTEST: Carolyn Arnold, Secretary Attorney Cook mentioned to the members that the City Council will be addressing mobile homes within the city limits. He indicated that age limit restrictions will be one of the major concerns that will be addressed. There being no further items on the agenda. Chairman Walker adjourned the meeting at 7:40 p.m. EXHIBIT 4— FEBRUARV 18 AGENDA ORDINANCE NO. 817 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 20, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 6, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMMENT FOR PUBLIC UTILITY PURPOSES; RETAINING A RIGHT 011�fljgyISIOISDAND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN ME PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN ANq FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. reol-M-01-w-Y WHEREAS, the City has received an application from Okeechobee Too, Ltd., for the closing of certain alleys as described in this ordinance to facilitate a safe and amendable housing development for the elderly and handicapped; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS: Section One. The alleys or alleyways described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: A 15 foot wide alley in Block 20, City of OKEECHOBEE, according to the Plat thereof recorded in Plat Book I Page 10, and Plat Book 6, Page 5, Public Records of Okeechobee County, Florida; more particularly described as that alley running East to West between Lots I to 13 and 14 to 26 of said Block 20. Section Two. The City of Okeechobee, Florida hereby reserves unto itself, its successors and assigns, a perpetual, non-exclusive easement being 15 feet by 25 feet for public utility purposes at the West end of the alley located in said Block 20. Section Three. In the event that the said corporation fails to obtain within twenty-four months hereof a certificate of occupancy for the housing development for the elderly and handicapped, then said alley shall be declared open and the provisions of this ordinance declared null and void. Page 1 of 2 Section Four. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Five. This ordinance shall be set for final public hearing the 18 th day of March, 2003, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 18th day of Februa!y, 2003. ATTEST: Lane Gamiotea, City Clerk James E. Kirk, Mayor PASSED and ADOPTED on second and final public hearing this 18 th day of March, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION Please type or print: A -- SIGNATURE OF APPLICANT: SIGNATURE OF CO -APPLICANT: The foregoing instrumentwas acknowledged before me this by (- a a te) Okee!chobee Too, Ltd. and who i ersonally known to��e r (applicant) (co -applicant) S�� who produced as identification and who did (did not) take oath. Notary Public, Commission No.'W'&)'3/-yLZy (signature) I)TOVI __(Name of Notary typed, printed or stamped) NiARON P. ROVI M � COMMISSION # DD 037729 UPIRES: June 28, = Sonded Thru Budget Notary Sarvim A0fh-oiiz'ed Signature Typed Name & Title Phone No. Date ��67 —45Z —?i'? I &1� I-qA-9-1— � —,�54 2310CEC-Al C-M�k- 96-7-4S-2-?171 og-15--62- Authorized Signature Typed Name & Title Phone No. Date Authorized S Phone No. CLA.4 Sri- -hf4Vf- 04"J 6444maoi WeSf P*4pW--+y "A/JS �0 Z. a x", W X. 54 -J C'. 17,� --rA FC3- X.?-9 9Y, 0 9- -1q-0 L- - Authorized Signature Typed Name & Tifie Phone No. Date Required Only For City of Okeechobee & First Addition to City of Okeechobee Subdivisions: Authorized Signature Typed Name & title Phone No. Date Revised 5/11/99 Page 3 p 9 Authorized Signature 1 17 Whfflle we do not object to closing the alley as it relates to this project, we are requesting a stipulation be addressed in the ordinance that if the Proiect "Okeechobee Commonq Ton" (in 're is null and void. /- -) V- '! 9 , y 1-24-03 Date Authoo/zed Sig/nature Date Donnie Robertson, Public Works Director Oscar Bermudez, City Engineer Typed Name & Title Typed Name & Title ..... ....... ........... .. .. . ... ..... . . . ............ . . . . ............. .......... . . . . . . . . ........ . EM .......... No objections or comments. 1/15/03 o"Authorized Signature Date Denny Davis, Chief of Police Typed Name & Title Kelth Tomey, Fire Chief Typed Name & Title 6 41 bid Authorized Signature Date Bill Veach, City Administrator Typed Name & Title APPLICATION APPROVED BY: N- 0-5 CITY CLERK DATE y .0 ' p z I CF) �o 0 p 0 0 z MANH 128.02Y P Z S olro. Le N. W. 12 TH S TREE T N89-58'1 6"E(C)740.25' 740.00'(P) N89-58'1 6"E(C)67V3'_ ,VIP 9 0 0 b 0 z 0 LAN A s c 00 c� 'i n., co SR U LLJ STRUCT 750.3'LF OF 4' WATER MAIN LINE ONSTRUCT SAM. SEWER M DETAJL SHEET X .O� RIM EL PET, r—'-� W. INV. EL I- INV. \�'—Nsmup;�SF 300.06*(C) 739 6' LF OF SIE 8' P EWE SLOPE L —161 OKEECHOBEE COMMONS 1-0:4 t?.' (f) SRC 11/29/2022 11:19 6922902 CE PORCH PAGE 02 ONG 4 7 4 Aff 0 6-19 Return to: Tha instrumeni prparvO Or C. E. Porch 1273 NW Spruce Ridge IX Stuart, FL 34994 Property Appraises Parcel Identiftcation. No., 0'uff"'Itary SUMPS paid In thO arnont $ C1 �33C Iningibis T-- mid in ths arnount Of $ Shamn R C1 f C4 0 BY: D.C. ne. TFUS Q= CLAIM DEEDMade and � �- the/-3 day of Alh61' ;,2002 by Elaine Vanderhelm, TRUSTEE, whow post office addrc� El P09TC)S'9-4,= Wc4q c-;'"Vereinafter ', AFZOO�jl k. called the grantor, and VANDERTRUST, INC., '� F �-ida corporation, whose post office address iU lr#ASSZ Sowww. ww" 64� vxvv:�F& hereinafter called the grai-,:, ))crcvcr used herein the unns *Smtor' and "putee' Lnciudc &11 the parties to this insuvrricntand the heirs, legal rcpm=taam anctaisips ofi�-� ma Wswemors and &ssWa ofcarporatim) Wimesseth' That the grantor, for and in consideration -i� -,-n� or$10.00 and other valuable considerations -receipt whereof is hereby acknowleaged, by the3c presents does c iin, grant, alien, remise, release, and convey unto the grantee, all that certain land situate in Okeechobee County,. - 1, .' R'wit: (Exhibit A attached) Together with all die tenements, ficrcditaments and app r .,,. :s :hereto belonging oru'i anywise appermining. To Have and to Hold, the same in fee simple fortyL In Witness Whereofthe grantor has caused these PrL—A: oc day and year fmt above wriacn, Signed. scaled and d*4vcrcd in the presence of J+ Namc LU A 16! H A wqppv I-, . STATE N, — � t CO UNTY 6a1V WAO e- /J 04�( Oc,177 AW�,Zv C I hereby certify that on this Mfteh 25, t999-before m, acknowlcdgcmcnts, personally appeared Elaine Vanderhein, executed the foregoin instrument. Sh identification U-ni d '; I I Vanderhclrn, Trume 4er duly authorized to administer Oaths. and ta�Xe -L .! 'Known to me to be the person descnbed!h.&n4 who )�-,-n to me or has produced th.v'r01lQwing', 4L3 "UBLIC: 11/29/2022 11:19 6922902 CE PORCH PAGE 03 57-91-23 Lots 4-23 inclusive, Block 4, Okeechobee, according to the plat thereof as recorded in Plat Book 2, Page 17 Of public recocdo of St. Luaie County, TlOrLda, amid Plat also being recorded in Plat Book 1, page 10 and Pl&t book'$, page 5 of the public records of Okeechobee County, JFlorida. Lot* 1, 2, 3, 24, 25 and 26, Block 4; Lots I to 6 inclusive Block III lots 1 to 26 iticlusivo, Block 12; lots I to 26 Inclualvow, Black 13; Lots i to 26 inclus0ef Block 20T Lots 1, 2, 3, and lot 9 except the E32.5 fedt of said lot 9l lots 10 to 26 incl4alve# Block 211 '.Lot:* I to 6 inclUsivt, bloCk Us lots 7 to 13 ihalUsivej Block 291 Okeechobee, a�cordinq to the plat therwo f asArecorded in Plat Book 2, page 17o.of th�- public recordwief St. Lucia County, Florida, said plAt also boing recorded in Plat Book 1, page 10 and Plat 13,)ok 5, pago 5, Of. the public records of Okee�:Iiobee cc-4rv,�y, Florida. L&-Ss '. South 71-25 feet of Lot 1", ...-Duth 71.25 feet of Lot-12, South 71.25 feet �— �i,a west.,.28 fvet cf Lot 11 and the West 128 feet of the North 1/2 of the vacated alley in Block 29, Town of C,iaechobee, according to the plat thereof as reeozd��d in Plat Book 1, page 10 .-�Public Records, Okeech,:,h-:e county, Florida 4V 368382 RECORDED As REc�;JV:M L 1D 05k R F. C QE% I., —,U! P�, . L [ . " S H A R 0 N P. ,CLEPK OF Cf!��,UIT �01J'�' Vandertrust Inc. 1185 Lakeshore Road East, Mississauga, Ontario, L5E-IGI, tel: (905) 274-0770, fax: (905) 274-0037 December 17, 2002 City of Okeechobee 55 S.E. Third Avenue Okeechobee, FL 34974-2932 Re: Okeechobee Too, Ltd. Road/Alley Abandonment To Whom It May Concern: This letter is respectfully submitted to the City of Okeechobee by Peter Shishkov, being the present owner of the property located at: Lots I through 26 inclusive, Block 20, City of Okeechobee, Plat Book I Page 10. Vandertrust, Inc., the owner of said property gives permission to Okeechobee Too, Ltd. to complete and submit the alley closing application. 1, Peter Shishkov, agree with the alley abandonment at the above -described location and should you have any questions, please call me at (905) 274-0770. Thank you for your consideration. P'eter Shishkov, P. Eng. President State of Florida County of Martin Acknowledged before me by Peter Shishkov, who is personall known to me-,' C. Edward Porch 1; 1 OCCUR! 1111 It: I 111111111 13-11111C.- 11 lF - o 7 13 L +11161 14 U-1 HE mom C-C J1 INC. RAILROAD TRANSPORTATION 1 2 12 2 21 12 2 1 2 1 12 2 f- 12 2 2 13 3 12 2 12 2 3 13 3 1 13 3 3 13 3 3 3 13 3 13 3 .3 3 4 14 4 5 15 5 14 14 4 4 15 5 15 ar5 14 4 15 5 .0 14 4 155 5 14 4 4 15. 5 15, 5 6 16 6 E 16 6 r 6 6 C� 16 6 ; 16 16 16 6 5 J4 7 17 7 CAD 18 17d 7 17 8 17 17 7 18 7 17 7 18 8 8 3t 9 3C 19 9 9 19 �2 9 Lt T 19 9 9 9 19 9 20 '97 1 10 0 20 0 I , 20 r 10 1 () 1 10 1 20 10 ExHIBIT 5- FEBRUARV 18 AGENDA INTER, OFFICE MEMORANDUM To: Mayor Kirk and Council Members X": I From: Lane Gamiotea, City Clerk Subject: 2002 Election Costs Date: February 12, 2003 The matter before you is to consider approving the costs for the September 10 2002 Special Election (held during the 2002 Primary) and the November 5, 2002 General Election. It was our intention to pay for the Special Election out of the 2001-2002 Budget and the General Election from the 2002-2003 Budget. However, due to billing methods both elections will need to be paid out of the 2002-2003 Budget. Since this amount is over seven thousand, five hundred dollars, Council approval is necessary. I also wanted to notify the Council that this expenditure might require a budget amendment. I will be monitoring the situation very closely and working with the Administrator to make sure it is taken care of appropriately. Should you have any questions please do not hesitate to contact me. Thank you. MW REOSTER UD Supervisor Of Elections Okeechobee County W Gwen Chandler INVOICE City Elections Costs Primary and General 2002 ITEM AMOUNT Poll Workers Salary $5,813.62 Election Night Workers 51.74 Rent, Polling Sites 564.00 Ballot Costs 1,300.00 TOTAL $7,729.36 307 NW 2nd Street - Okeechobee, FIL 34972-4165 - Tel. (941) 763-4014 - Fax (941) 763-0152 CITY 05 GKEEO�OBEE EXHIBIT 6- 09:26 86376316L FEBRUARY 18 AGENDA DIE CITY OF O1AruEC1&(1'"x'1' (U3)'763--3372 FAX (84 163- 4" AGENDA ITIEM REQUEST FORM wS qw Who cu*PkW fim ": City of OkmbWbot City Administmtors Offlct 55 SE YO Avellut okewitobes, Florida 34974 MAMZ: -A—MD I F AX�- MUTMG, RWUIAR W/sncuL 15 WOR)"Op T, OATT: STATE TOX ffIM yOU Wj8HTO1UVT-rLACF-D ONIM CITY COUNCML "G"C'": - � 1)y I VI./ Q—j ,�P;e 'rl% Ain M I WrM THVS FAR. k11- . t - T -T PLEASE STATE VZSWO 4CTION By T=,,,f-'Ty UU"4�46' A -4 ) - nEASS SUMMARUV, pftTpaNT INFORMATIOM CONCERNING YOUR RZQUE'�q'- AND LLLLI OGJPUDBY:�,Aj�� bhql -11 me - DATE:. cl� /41) C/cU OL CAP JA) MI vo bt�,t kave /�o /b�k-S `-A�V