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2003-04-01 RegularCITY OF OKEECHOBEE APRIL 1, 2003 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION 1. CALL TO ORDER - Mayor: April 1, 2003, City Council Regular Meeting, 6:00 p.m. Ill. OPENING CEREMONIES: Invocation given by Refired Pastor Neil Gunsalus; Pledge of Allegiance led by Mayor Kirk. Ill. MAYOR, COUNCIL AND STAFF ATTENDANCE -City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Wafford, 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. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim the week of April 6 - 12, 2003, as "Crime Victims' Week," PAGE I OF 8 Mayor Kirk called the April 1, 2003 Regular City Council Meeting to order at 6:00 p.m. Invocation was offered by refired Pastor Neil Gunsalus; Mayor Kirk led the pledge of allegiance. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Mayor Kirk read the following proclamation in its entirety: 'WHEREAS, crime and the threat of violence have profound and devastating effects on individuals, families and communities in America; and WHEREAS, over 24 million people in the United States are touched by crime each year; and WHEREAS, the threat and reality of terrorism have challenged all Americans to realize the devastating consequences of violent crime, and their important roles in providing support to individuals and communities who are victimized; and WHEREAS, crime in America results in significant physical, psychological, financial and spiritual effects on countless innocent victims; and WHEREAS, crime victims in every state, U.S. territories and Federal jurisdictions have statutory rights to be kept informed of and involved in criminal and juvenile justice processes, and to be afforded protection, restitution and accountability from their offenders; and WHEREAS, there are over 10,000 521 522 APRIL 1, 2003 - REGULAR MEETING - PAGE 2 OF 8 IV. PROCLAMATIONS AND PRESENTA71ONS CONTINUED. A. Proclaim the week of April 6 - 12, 2003, as "Crime Victims' Week" continued. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Acton for the March 18, 2003 Regular Meeting. community and system -based victim service programs across our nation that provide a wide range of services and support to victims of crime; and WHEREAS, in 2003, the Office for Victims of Crime VAthin the U.S. Departmentof Justice commemorates 20 years of providing leadership to ensure that crime victims aretreated Wth dignity and compassion; and WHEREAS, America as a nation continues to face threats to our personal public safety, and continues to commit its collective energies to help ourfellow citizens who are hurt by crime. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayorof the City of Okeechobee, do hereby proclaim the week of April 6 - 12, 2003 to be Crime Victims' Week, and honor crime victims and those who serve them during this week and throughout the year and that we continue to fulfill the promise of justice and compassion for crime victims as individuals, as communities, and as a nation dedicated to justice for all. Dee Raulerson and representatives from Martha's House were present to receive the proclarnation. Mrs. Raulerson thanked the Council for recognizing Crime Victims Week. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Acton, as amended, for the March 18, 2003 Regular Meeting; seconded by Council Member Markham. The amendment was noted on page ten of the March 18, 2003 Minutes New Business Item G. The motion will read Council Member Chandler moved to make an official offer, yp to five thousand dollars ($5,000.00) for the Mason property that the City needs to acquire (right of way portion on the West side of Taylor Creek); seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER - YEA MARKHAM -YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. APRIL 1, 2003 - REGULAR MEETING - PAGE 3 OF 8 523 y V1. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the additions, deferrals or withdrawal of items on today's agenda. I agenda. New Business Item D was withdrawn from the agenda. VII. NEW BUSINESS. A. 1. a) Motion to read by title only, and set April 15, 2003, as a public Council Member Watford moved to read by title only, and set April 15, 2003, as a public hearing date for proposed hearing date for proposed Ordinance No. 822 regarding Rezoning Ordinance No. 822 regarding Rezoning Application No. 03-002-R submitted by Edward Douglas; seconded by Council Application No. 03-002-R submitted by Edward Douglas - City Member Markham. Attorney (Exhlbft 1). b) Vote on motion to read by title only and set public hearing date. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 822 by title only. Attorney Cook read proposed Ordinance No. 822 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 PAR11CULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MULTI- FAMILY(RMF) ZONING DISTRICTTO HEAVYCOMMERCIAL (CHV)ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE.99 2. a) Motion to approve the first reading of Ordinance No. 822. Council Member Markham moved to approve the first reading of proposed Ordinance No. 822; seconded by Council III Member Williams. b) Discussion. 111 Mayor Kirk asked whether there were any questions or comments from the public. Mr. Don Murray, City Planning Consultant was present to address the Council. Rezoning Application No. 03-002-R was submitted by Edward Douglas, who is also the property owner. The request is to change the Residential Multiple Family (RMF) zoning designation to Heavy Commercial (CHV) on the property located at 911 Northwest 2n, Street. APRIL 1, 2003 - REGULAR MEETING - PAGE 4 OF 8 Al. NEW BUSINESS CONTINUED. A. 2. b) Discussion continued. The Legal Description being Lots 4 to 6 and a portion of 3 of Block 163, City of Okeechobee, less property contained in the Quit Claim Deed as recorded in Book 456, Page 1394, of the Public Records of Okeechobee County, Florida. The property is approximatety.049 acres. Property to the North is zoned Residential Multiple Family w1M apartments, a church and some Residential Single Family, to the East is a grocery store. To the South is a church, repair shop and trailer sales and to the West is a home in a Residential Multiple Family designation. Planning Staff recommends approval and Report findings are as follows: The proposed use is consistent with the Comprehensive Plan, specifically in the Future Land Use Map Element Objective 1, Policy 1.1, 11.2,11.3,11.4, 2.1 (C), Objective 8 and Policy 8.1. The use applied for is permitted for the Heavy Commercial (CHV) district (a Health Club/Gym). It will have no adverse effect on public interest and is an appropriate location given the proximity of other businesses. The use is compatible with the neighborhood, will not adversely affect property values or living conditions and will likely help surrounding undeveloped areas. The development can be suitably buffered from surrounding residential uses, so to reduce the impact of any nuisance or hazard. The use will not create a density pattern that would over burden public facilities, it is in a district designed to accommodate such uses. It will not create any traffic congestion or flooding nor impact safety. The proposed use should be able to develop within existing code requirements and will not be inordinately burdened by any unnecessary restrictions, will not grant any special privilege to the owner as contrasted with the public welfare. The Planning Board considered the application at their March 25, 2003 meeting and unaMmously recommended approval. Council Member Watford noted that the requested rezoning was logical due to its location. There were no questions or comments from the public. - c) Vote on motion. WTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B. 1. a) Motion to read by title only and set April 15, 2003, as a public Council Member Watford moved to read by title only and set April 15, 2003, as a public hearing date for proposed hearing date for proposed Ordinance No. 823 regarding Rezoning Ordinance No. 823 regarding Rezoning Application No. 03-003-R submitted by Kenneth and Julia Edwards; seconded Application No. 03-003-R submitted by Kenneth and Julia Edwards - by Council Member Markham. City Attorney (Exhibit 2). APPJL 11, 2003 - REMM MEETIN - PMW 5 OF 8 525 V1. NEW BUSINESS CON71NUED. B. 1. b) Vote on motion to reaid by We only and set public hearing date. YFA VOTE KRK - YEA YEA MAWMW YEA I f W roR WORD - YEA MMM. WWASS - YFA M Mo� Co OTMCARM. c) City Aftmy tD read proposed Ordinance No. 823 by title only. Attorney Cook read proposed Ordinance No. 823 by Ok only as b4ows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACTOF LAND MORE PARTICULARLYDESCRIBED HEREIN, FROURESIDENTIALMULTI-FAMILy (RMF) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT, AMENDING THEZONING MAPACCORDINGLY, PROVIDING FORCONFLICTS, SEVERABILITYANDAN EFFECTIVE DATE�" 2. a) Motion to approve fe W reading of Orftm No. 823. Council Member Markham moved to approve the first reading of proposed Ordinance No. 823; seconded by Council I Member Chandler. b) Discussion. Don Murray, Qty Planning Consultant addressed the Council. Rezoning Applicalon No. 03-003-R was submitted by Kenneth and Julia Edwards, who is also the property owner. Tt* mpst is to change the Residenial Mulliple Family (RMF) zoning designation to Commercial ProksskxW Office (CPO). The property is localed within the 200 block of Nmwvw r strea The lellal description is Lots 4 through 6, Block 75, City of Okeechobee. The property to to North is a feed rrd and warehouses, to the East and South are vacant kft with Residential Single Family designation. Multiple Family lo the, West with a triplex and duplex. Three blocks to the South is the site for the new Court ftse. Planning Staff recommends approval and Report lindings are as follows: Use is consistent with the Comprehensive Plan (Future Land Use Map Amendmient approved March 4,2003). Proposed use is a proWAonal accounting office which is permitted under Commercial Professional Office (CPO). It will not have an adverse effect on the public interest is compatible with adjacent and rearby uses which include office, industrial and commercial uses. There should be rninimal traffic impact to the area, it will not have an adverse effect on property values and will likely spur sorne redevelopment needed In the area. Appropriate she design standards will be applied (buffers, landscaping) tD minimize any possible nuisance or hazard. The use will not create any density problem; traffic congestion, flooding, APRIL 1, 2003 - REGULAR MEETING - PAGE 6 OF 8 526 90ga-A, MIT 01,11CUSM-11 VII. NEW BUSINESS CONTINUED. B. 2. b) Discussion. drainage or public safety problems. It has not been inordinately burdened by unnecessary restrictions, nor does it constitute a grant a special privilege to an individual owner as contrasted with the public welfare. The Planning Board discusses the application at the(March 25, 2003 meeting and voted unanknously to recommend aWoval. There were no questions or comments from the public or Council. C) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA I MOTION CARRIED. C. Discussion and approval of the FY 2002 audit - Hoyman, Dobson & Debbie Bradley, Audit Director from Hoyman, Dobson, & Company, P.A., reviewed the Audit Reportfbr the 2001-2002 Company, P.A. Fiscal Year with the Council, The City's revenues and assets have increased with liabilities decreasing for the year. The City is financially sound, as proven by the existing fund balance. There were no major findings in the report. I There were a few minor items, which are being addressed by City Staff. Council Member Watford asked Mrs. Bradley whether Hoyman, Dobson and Company audited the Pension Trust Fund. Mrs. Bradley responded that, no, they do not they use the figures from the Actuadal Report. She stated that it had been a pleasure working with the City Staff, they were always cooperative and responsive to their requests. They look forward to working with the City on the 2002-2003 Fiscal Year audit. D. Motion to approve construction of a 50 x 30 x 14 building in the New Business Item D was withdrawn from the agenda. Commerce Center - City Administrator (Exhibit 3). E. Consider a request by Okeechobee Main Street, Inc. to enter into an Craig Quinn, Temporary Program Manager of Okeechobee Main Street addressed the Council giving them an update Economic and Promotional Alliance Agreement with the City of of progress Of Main Street to date. Mr. Quinn and Council Member Watford (whose the City's Liason to the Okeechobee - Craig Quinn, Okeechobee Main Street Inc. Okeechobee Main Street Board) explained there goal now is to pull the community together. The City can help (Exhibit 4). achieve this goal by entering into an Economic Promotional Alliance Agreement a copy of the agreement is provided in Exhibit Four. The proposed agreement does not financially obligate the City in any manner. Council Member Watford moved to ARRrove the reguest to enter into the Economic and Promotional Allian Aareement with Okeechobee Main Stroll: seconded by Council MeMber Williams. VII. NEW BUSINESS CONTINUED. E. Consider a request by Okeechobee Main Street Inc. to enter into an Economic and Promotional Alliance Agreement with the City of Okeechobee - Craig Quinn, Okeechobee Main Street, Inc. Continued. F. Consider a request for a twenty percent parking requirement reduction - Georgia Perrine (Exhibit 5). APRIL 1, 2003 - REGULAR MEETING - PAGE 7 OF 8 527 VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council discussed a request made by Georgia Perrine to approve a 20 percent reduction in her required off-street parking. Ms. Perrine is proposing to open a restaurant at 202 Northeast 2' Street. The building is owned by Chris and Gail Newman. The City received letters from State Farm Insurance, Bass Okeechobee Funeral and First Bank of Indintown giving consent for Perrine Cuisine to use their parking spaces. Council Member Watford moved to 1112prove the request from Perdne Cuisine for a 20 percent oarking [eguirement reduction: seconded by Council Member Chandle . VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council then discussed concerns from the two home owners that are located in this area. Council Member Markham explained that the homeowners understood they are located in a Commercial area, however, these homes were built over sixty years ago, before the businesses were there. They have valid concerns that should be addresses regarding their parking designation. Council Member Watford moved to authorize City Staff to investigate the residential Rarking concerns an RIACA "Resident OnV' Rarking signs as necessary in the area: seconded Council Member Markham. VII. NEW BUSINESS CONTINUED. F. Consider a request for a twenty percent parking requirement reduction - Georgia Perrine continued. VIII. ADJOURN MEETING -Mayor. Please take notice and be advised that if a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding ismade, which record includes the testimony and evidence upon which the appeal is to be based. James E. Kirk, Mayor T"; TT _�TT City Clerk APRIL 1, 2003 - REGULAR MEETING - PAGE 8 OF 8 VOTE KIRK - YEA CRANDILER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. There being no further items on the agenda, Mayor Kirk adjourned the April 1, 2003 meeting at 6:52 p.m. PAGE 4- CITY OF OKEECHOBEE - Avd 1, 2003 - REGULAR CITY COUNCIL MEETING - HANINJRITTEN MINUTES L CALL -TO ORI)ER -Mayor Aod 1, 2*3,f&CeuncWfl0dwMg§ft6:00-p.m. JL OP804-CERMIONIES: hwxat1onghwbyRe1redPa$vN&GunsaIus. agft of AMiance led !Mt MaM. III MAYOP. COUNCIL, AWSTAFF A TTENDMICE - City CIark. orftam* Memo --Mayor James E-.-Virk Council Member Noel A. Chandler Ltunc# Member -Lowry Markham Council Member Dowling R. Watford, Jr. Marns y.Ah(ney John R. Cook City Administrator Bill L. Veach 2mwga Deputy Clerk Addana Berry IV. -IPROCLAKATIONS AND PRESIENTATIONS -Mayor. A. int ft week of AprN 4; - 1Z M3, as "Crirne Victirns'Week." --WHEW-4.% crim-awl the *red of violence have profound AM in0ildualls, ftnAlles and cornmunities in Arnerica; arW WHEREAS, over 24 mlifte people in the AJL- AJL_--A1jjjjj(jjftft..j* Unked States are Wat W-hed by' vdm each year, and m0A"l�'-aR%E'jA%`S' UM ul"m terrorism have challenged all Arnericans to realize the devashft Of Violent --viMvWtheIrhnpoftVioftInpmv*lft--W -%Vx*A&W**ffd- are victlafted; and VNEWAS, crinve, in America restft In sk~_0y*A,_VycbftIcal, on --jjj4jkW-jjW jouritiess and WHUMAS, c*ne vk*m in every.state. U.& and-F*1001jurledilctim-hawaidukaAbb to bakegbfivined of and involved In criminal mW juvenle justice processes, and to- be afford6d protection, --restitution and accounftbft*orn_th*-vff*ndm', 4" WliffiREA&, Ift ~. %M community and system4nmO vwft sennce pMrarns across our nation that provift a witle -0flervices-ow support victirns of crkwand-WHEPM triM-the-Office-ftw -suppor -"W PY%" Victlirns of Crinve wlthlln�the U. of Judice coininen! x.P'L 20 yam of provitling _�IW ft -Mal* a_.. - -vwWvdjh diggift-ind- miibff;_ d -Aftni Iwo an WHEREAS, Arnerica as a nation continues to face threats to our and _jersonal pul -af* continues to corninit its collecthre energies to help our fellow ckkens vwho amburt by cdm. --NWTHEREFOREUmmf-K"vktndftaudma*vesbWlin-nwniNWOf the City of Okeechobee, do hereby proclaim the week of April 6 - 12,2003 to be Crhm Vktkm' Week, fil i A- CouncilMember dNxnw with the reading and approve the Sum tho Unn--h 4A 9nftqRanu12r dh-'7f=0 -Council.-Action1dr Medw, byCowxi W. w� A - - VOTS YEA- MAY AW#J*'_ KIRK _____CHAND11R--L' MARKHAM WATF= WILUAMS L�- MOTION DENIED City of Okeechobee, Fk" AmWing the Official Zoning Map of I U, 17 `=11; =! =1 = ;onfficts, Severablity and an Effective Date." MO approve the first reading OCinance No. 82,2; MATIVRA O-A"-M 2A - W" JFNMMIX�" OWI�ffff=AAWAMA RUT, wi ifijKj:mjw,- ^ALI L 1-4-4 on inofion. C VOTE YEA MAY ABSTAIN ABSENT KRK .... ...... CHANOMR MARKH#M WATFORD WlLuAms Lua � L - - UA- Nil& WLk L&U� Vulp PO4 Z CL L arJ v " KQAd PA O-Ldk kk LOLU 94� OR C) A&A C4,k 14S �j tit N- 1--1 j A� C- � —A. f Ai -U-, k--u- U-- G-V-\ CL L -x f\Ou\"v\,n i r\-Q, r-, 0 fl n N\ Ot CV) r, A, WRO'. . i I r� Tdi "ll 04 PAGE -3- moved to read by Oft only Id sqt t!kc hq�rijg Councii Member 2003, as a date lbr proposed Ordinance No. 823 regarding Rezoning Application No. 03M3-R submitted by Kermeb imd -k-llia Filwards. City Aftorney (ExhV* 2); seconded by Coi-incil Member.AWW— � -% v � W.W.W.W.W. 0 "W - I F-%Fq-% 77W'7� 71, 'F, 77.7--.7,," 7W, 777 h rl 1, =47 I Cel F 4,7 1 is I M iiii 74 4 1 - MAN Jw FAIE V lot 100 IFTATI KIRK-- (MANULAN MARKHAM LL—&Ak WILLIAW PAGE -4- C. Discussion and -approval -of the FY 2002 audit - Hoyman, Dobson & Company, PA- ?�Ttarj ILg W z5oi C06 W�bj.j' 6 -ba-' T-0 el .......... . . . . . . . . . . . . . . . . . . . . . .... E. Conskler a mquest by Okeechobee Main Sbd.Inc.Au enter into an Ecammir.. al ADiance Agreement vvith the City of Okeechobee - Craig Quinn, Okeechobee Main Street, Inc. (ExhM4) PlV'V Mt f1ft 1 ;6 je �C C-11 -11W 9 4-40 PAGE -7- F. Conskler a request for a twen percent parking requirement reduction Georgia Perrine -Ahm 5). Q 0"aktl wiof DJYAL,fav� �6 QXOAPII-,<� .4 k.t A^71A h -4 tAr. 4i C/ ?-CD 9C) 14- aovv-+- aA�- O^vt_ 5+A-Uj I -OLL OJT k- M-O+f-G- JDLt) p�- -If--K444-, j1D Kul 4T pis h�— loct- A-� UW, t PA WA (4, -tL J3 Ci(f AD PAGE 4 - CITY OF OKEECHOBEE - April 1, 2003 - REGLII�Ak CITYCOUNC`IL MEETING - HANDWFUTTEN MIN11TES - � 1. CALL- TO ORDER - "or. A i r�, - Ag 1. 2W3, Qft Council Regular Meeting. 6.00 p.m. U. OPENING CERENIONIES: Invocation ghM by Refired Pastor Neil Gunsalus. Pledge of Aftgiance led by M&or. Ill. MAYOk COUNCILAND STAFF ATTENDANCE - City Clerk. Drfteftftf Mayor James E. Kirk Council Member Noel A. Chandler -Council Member Lowry Markham Council Member Dowling R. Watford, Jr. -Council Member Clayton Williams -City ASomey John R. Cook City AdrTinistralor Bill L. Veach _City Clerk Lane Gamiotea Deputy Clerk Addana Berry IV. AND PRESENTATIONS -Mayor. A. Proclaim the week of April 6 - 12,2003, as "Crime Victims'Week." _WHEREPa.crime arid --the,threat of.violence have profound and devastding e#" on individuals, families and communities in America; and WHEREAS, over 24 admon people in the Slates-aratouched by crime each yaw; and WHEREAS, the threat and raft of terrorism have challenged all Americans to realize the devastating consequences of violent cft%-and their inipm tent rolft- in-provkling supportlo individue andeommunidgewhoare vicdmized; and WHEREAS, crime in America results in significant physica% psychological, -finandall-sind-i0iftal e on countless innocent victims., a WHEREAS; c victims In every state. U.S, terrftodes and Federal jurisclictions have statutory rights to be kept informed of and involved in crindnal and juvenile justice processes, and to be ACwded pr6tedon, mfttion and from tbeW offendem and W HEW% . thero-are over 1AM community and- systmn-based victim service programs across our nation that provide a wide and -support W Wdkw of-crimw and WHEREAS, in 2008, the Office for Victims of Crime wititin the U.S. department of Justice conimemorates 20 y6ars of providing crtme victimt are boated wfth dignity and- i a es io am 'I" *P'*' WHEREAS, America as a nation continues to face threats to our personal public safety, and continues to commit h collective eheioisto help. our fellow ciftenis whoffe hutt by Wme. NOWTHEREFQRE, 1, James E. Kirk b nty vested in meas Mayorof the City ____ _yvkVeqftheautho of Okeechobee, do hereby proclaim the week of April 6 - 12, 2003 to be Crime Victims' Week, andhonorcrim victimandthose senathent-during this week andthmghouLftyew and that we continue to fulfill the promise of justice and compassion for crime victims as *de%-sndaseAMion*deatedloosbafor&H. tr�at*ids. Hau5e. IHUIVIU am, 00 ...... i Dee. mwvson 30L M iZ & 44)00 V- VOU Por reavAkn i-4iA;,_ J-r) 6 V. City Clerk j14��Of 0;KMk V 47 re pasRnl iv Aroyn A. Council Member. hi C. ..'moved to dispense with the reading and- ap -rove ft-Miny-hary of- p _-Counc*1 a for the -March 18, 2003. Regular -Meeting.. seconde-0 -by Council -M%nber Uyl MyTt(,fl or\- 0 n P� - 10 (A P f-0 51000 AWE- YEA ABSTAIIN-1 -ASSM KIRK V -tHAMXXR N-�_ MARKHAM IV - V MLLI AMS MOTION- DEMED k � WATFORD V -::�- - - ------- -- inance No. 822 bv "An nance of The Uty of Okeechobee, Florida Amencling the Official Zoning Map of'Okeechobse by Rezoning A C&4W"T-9tCfl 2nd Man ParfiCula* Descdbed Herdn- from ReWdad2lMWtl--- Fanflly(RMF) Zoning Disbict to Haq Commercial (CHV) Zoning Didrict An*nding the Zoning Map Accordlng�, Pmovitling for Conflicts, Sevefabiky and an ENec" Dot&!! - PAGE -3- B.1.a) Council Member moved to read by tide only and set April 15, 2003, as a public hearing "date for proposed Ordinance No. 823 regarcring Rezoning Apprication No. 03-003-it submiftd by - Cit Xenneth and Julia Edwards y Attorney (Exhibit 2); seconded by Council Member bj Vote on motion tD read by tift only and set public hearing date. VOTE MAY ABSTAIN ASSENT KIRK 04ANDLER MARKHAM L/ WATFORD V WILUAMS L-` - � MOTION DENIED c) -Cily-Aftorney to-r&id proposed Ordinance- No. 823 by tide only as follows: "An Oronanre of The City of Okeechobm FWda Amendng the Official Zoning Map of Okeechoboo by Rezoning -a Certain Tract of Land More Pa ficuas ly Herein, from residenball . WvWly (RMF) Zoning District to Commercial Professional Office (CPO) Zoning Dish* Arnending 1h e- &Wi n 01 1111ap A cc"n *j ProVictri g f or CO fif ktS , and an Effwtive Date." 2.a) Council Member moved to approve the first reading of Ordinance No. 823; sec- onded by --Councid-Member -b) —�ssion. A, Ct 00 pmt PAGE -4- C. Discussion and approval of the FY 2002 audit - Hoymah, Dobson & Company, PA .,re por Llpon rp-Po t44 sn b OL OC &nt'notaro/ 0 60b, Clhw Y T th 9, 41- rl Y-Avf��,r D C4 Sal n Ot rtv DO rn C%) a i Y-) #&. r o �rA VwUn Nei, col I/V/Y7 El)d�eo 4;t F Ztnv--) r%f- -hAdCA-04 QrT L/Ciflt nro' bactail'od- R-Sit,"LAC -T--nd %J I De V-a Inn fn Ofil i �Sff IAJI7-)CA--L'7- A) 0-. Spec . rf)�' DD DrP C4 /I F- -- - --------- tncL+e-n)rAA -T�n-t- +r6re A�naAj OL DI or L-t r-P DwOL� ?c 0 rrl-> LOl "54ed C!,CMM-4e nt -;',0 J�;Q LID, I P'x.. LI, qV XV. CM W� E. PAGE -6- Consider a request by Okeechobee Main-Steet Inc. to enter into an Economic and Promobonal -Alla—nce )qm- 'effient with the City of Okee-cho—bei--Cr-aig N1661'N -.-COMM-u-ni-it t#- —YAP/ - Pu A", Pnh-J7;0<- finqh rev tno n -a-3-n- cl� -_y A - A I �-A + Llww— u CC.A,U-S-4 ewnoml,c� 7z n) A 1pcl�" t Aof kwt- .IDfNur eVQn-4. Dw ty)lue F. tonsider a reques.pDr a sonty percent parldng requirement reduction - Georgia Pone pv') 6vp 00b. Or CUr Gj*(V-P to Uv 1-00 se i-n (�Cyf -A, - hDr"-e:5,. /Ali a 64/- Y-OV) 4-� 0 -ry acawi- .o Ned. M-Ohol) PW 14 0 �k -h - U -w-On CV�ex 1-- Cl Ian m. ,ns� g-Nn LALrl 4 ]S-4 hcivaq LA lanoc T\t LAR-1-- U IV. CITY OF OKEECHOBEE April 1, 2003 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 3 CALL TO ORDER - Mayor: April 1, 2003, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Retired Pastor Neil Gunsalus. Pledge of Allegiance led by Mayor. MAYOR, COUNCIL AND STAFF ATTENDANCK - 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 Deputy Clerk Adriana Berry PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the week of April 6 - 12, 2003 as "Crime Victims'Week." V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the March 18, 2003 Regular Meeting. APRIL 1, 2003 - CITY COUNCIL AGzNDA - PAGE 2 OF 3 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VIL NEW BUSINESS. A. La) Motion to read by title only and set April 15, 2003 as a public hearing date for proposed Ordinance No. 822 regarding Rezoning Application No. 03-002-R submitted by Edward Douglas - City Attorney (Exhibit 1). b) Vote on motion to read by title only and set public hearing date. City Attorney to read proposed Ordinance No. 822 by title only. 2.a) Motion to approve the first reading of Ordinance No. 822. b) Discussion. Vote on motion. B. La) Motion to read by title only and set April 15, 2003 as a public hearing date for proposed Ordinance No. 823 regarding Rezoning Application No. 03-003-R submitted by Kenneth and Julia Edwards - City Attorney (Exhibit 2). b) Vote on motion to read by title only and set public hearing date. C) City Attorney to read proposed Ordinance No. 823 by title only. 2.a) Motion to approve the first reading of Ordinance No. 823. b) Discussion. Vote on motion. APIUL 11, 2003 - CITY COUNCIL AGENDA - PAGE 3 OF 3 VII. NEW BUSINESS CONTINUED. C. Discussion and approval of the ITY 2002 audit - Hoyman, Dobson & Company, P.A. D. Motion to approve construction of a 50 x 30 x 14 building in the Commerce Center - City Administrator (Exhibit 3). E. Consider a request by Okeechobee Main Street, Inc. to enter into an Economic and Promotional Alliance Agreement with the City of Okeechobee - Craig Quinn, Okeechobee Main Street, Inc. (fthibit 4). F. Consider a request for a twenty percent parking requirement reduction - Georgia Perrine (Exhibit 5). 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. AFFIDAVIT OF PU-"—ISHER OKEECHOBEE TlNffiS 106 S.E. 5th St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared J.W. Owens who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a 121 181 IC 1,40110E Pr):aj -)njo in the matter of CITY COI JNCIL MEETING NOTICF CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974-2932 941-763-3372 In the Court, was published in said newspaper in the issues of 0-3127.12003 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly and has been entered as second class mai I 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 he 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. J. W. Owens, (Publi�'her) Sworn to and subscribed before me this '�L rl-r� ay of X A.D. 2003 (SEAL) Noiary Public P'Ry P& OFRCLAL TARy SEAL ER 0 0 1 BA NU N R0SFA 0 el LEE A 13RENNAN 0 COMMISSION NUMBER CC 0 CC 9410770 e My COMMISSION WIRES V OF F�-,? JU P JUNE 25,2004 Of&d It= 121111 ' 60 Dkobillfin AM dd McCaw" it - low Allili-bWO it 81 fn CAL-% L4 b6ft',�AfaJ, 4VOX ISSRkd= P .4r&G'Wb(d* IBM" -Ci Aii]D'iE Vd.pb,%� law 6im conddued at ft *0_p— �09 —d a Sgk* add Aw,W& pw- hom wooed fil"'usArimm in-:-.! wdvn&m=Wmwbwh o".Two.tee und fx ib 'em Cle&Z k4) iiiiii'Madik Stabde lfiabOw'meft SM &- " % , [aft Pm - a& Lm OWmiotes, no .&k*-&y& pd. to dw 3,<M x 21* if ym = i oked ad! Had& R&Y 1 7 07 -------- --- umce oi tne mayor,— - - W: Okeechobee, Florida e me -and the threat of violence have profound and devastating J." d communities in America; and i�24'xnillion people in the United States are touched by crime eac Ethreat and reality of terrorism have challenged all Americans to realize. tences of violent crime, and their important roles in providing support raties who are victimized; and PF5 icant physical, psychological, financial and spiritt j. cr4ne in America results in signif "tl nocent victims; and —_..pouA ess in ries and Federal jurisdictions�tit�ie crime victims in every state, U.S. territo IWAI �esset venfle justice proC 0 t" be kipt informed of and involved in criminal and ju from their offenders; and t cdon restitution and accountability 2 tP,, ce programPLq nity and system -based victim servi �JWRR AS� th and�;, "In"'Alaon.that provide a wide range of services and support to victims of crime,' #Fe are over 10,000 commu IrillylEitli:][;tllm..in-2003, the Office forVictims of Crime within the U.S. department of Justice --20 yea;rs of providing leadership to ensure that crime victims are treated wiWA 0 mp" d sion; an f ty hncj'� e .WIMRFM, America as a nation continues to face threats to our personal pub c to commit its collective energies to help our fellow citizens who are hurt by:p e. 7 1, James E. Kirk, by virtue of the authority vested in me As, Mayor o "Oke - 12, 2003 to be CrInti echobee, do hereby proclaim the week of April 6 thr6iighoiAlhi honor crime victims and those who serve them during this week and assion for crime 4i �,�,that we continue to fulfill the promise ofjustice and comp �-as communities, and as a nation dedicated to justice for all. in wituess whereof I have hereunto s5etsmy band and caused this seal to be a Aftest- PF ExHIBIT I - APRIL I AGENDA ORDINANCE NO. 822 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLoRiDAAMENDINGTHE OFFICIAL ZOPONG MAP OF OKEECHOBEE By REZONING A CERTAIN TRACT OF LAND MORE PAmuLARLY DESCRIBED HEREIN, FROM RESIDENTIAL MuLTI-FAmiLY(RMF) ZOWNG DISTRICT To HEAVY COMMERCIAL (CHV) ZONING DISTRICT, AMENDING THEZONING MAPAccORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.49 acre(s) from Residential Multi -Family (RMF) Zoning District to Heavy Commercial (CHV) 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: Parcel 1: A portion of lot 3, Block 163, Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. Being more particularly described as follows: Beginning at the Southwest corner of said lot 3, bear Northerly along the West line of lot 3, a distance of 142.50 feet to the Northwest corner of lot 3; Thence bear East along the North line of lot 3, a distance of 9.00 feet; Thence bear Southwesterly a distance 142.7' more or less to the point of beginning. Parcel 2: All of lots 4 and 5, Block 163, Okeechobee, according to the plat thereof recorded in Plat Book 5 Page 5, public records of Okeechobee County Florida. Parcel 3: A portion of lot 6, Block 163, Okeechobee, according to the plat thereof recorded in Plat Book 163, public records of Okeechobee County, Florida. Being more particularly described as follows: Commencing at the Northwest corner of said lot 6, bear Westerly along the North line of lot 6, a distance of 9.00 feet to the point -of -beginning, thence continue Westerly to the Northeast corner of lot 6, a distance of 41.00 feet; thence Southerly to the Southwest corner of lot 6, a distance of 142.50 feet; thence Westerly to the Southwest corner of lot 6, a distance of 50.00 feet; Page I of 2 thence Northeasterly, a distance of 142.7 feet more or less to the point -of - beginning. SECTION 2. ZONING MAP AMENDMENT That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Multi -Family (RMF) Zoning District to Heavy Commercial (CHV) Zoning District. SECTION 3. CONFLICT All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4L SEVERABILITY If any provision or portion of this ordinance is declared by any court of competent ju risd iction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION & EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this Is' of April, 2003. James E. Kirk, Mayor ATTEST: Lane Garmotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 16th day of April, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 Staff Report Rezo hing Request From Residential Multi -Family to Hemy Commercial Petition No. 03-002-R fWparedfor: The City of Okeechobee Staff Report Rezoning Request GI �neral Information Petition Number: Owner: Owner Address: Owner Phone Number: Applicant: Applicant: Edward Douglas Petition No. 03-002-R 03-002-R Edward W. Douglas, D.C. 916 N. Park Street, Okeechobee, FL 34972 863-763-4320 Fax: 763-763-1838 Same as Above Property Control Number Existina ?I 3-15-37-35-0010-01630- 0040 Proposed Same Future Land Use Designation Commercial Commercial Zoning District Residential Multi Family (RMF) Heavy Commercial (CHV) Acreage .049 .049 Density 10 du/ac (3 du) 3.00 FAR (21,390 s.f) Access N.W. 2"' Street N.W. 2 na Street Location: 911 N.W. 2 nd Street Legal Description: Lot 4, 5 and 6, Block 163, CITY OF OKEECHOBEE according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. LESS AND EXCEPT that portion as contained in that certain Quit Claim Deed as recorded in Official Record Book 456, Page 1394, of the Public Records of Okeechobee County, Florida. SUBJECT TO current taxes, easements and restrictions of record. The applicant has applied for a rezoning from Residential Multi Family to Heavy Commercial to construct and operate a commercial fitness center. I Ad acent Future Land Use Map classificabons and -Zoning Districts: North: Future Land Use Map Classification: Multi -Family Zoning District: Residential General I (RMF) Existing Land Use: Apartments, church, and. residential Staff Report Rezoning Request East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use: Applicant: Edward Douglas Petition No. 03-002-R Commercial Heavy Commercial (CHV) retail grocery Commercial Heavy Commercial (CHV) church, repair, trailer sales Commercial Residential General I (RMF) Residence The subject property consists of three lots (4, 5, and 6) and a small portion of lot 3 as described in the attached survey. The lots are undeveloped and have a Future Land Map classification of "Commercial" and a Zoning District category of "Residential Multi - Family". The surrounding existing uses are also mostly commercial and retail except for the church located to the south and apartments to the north. The request to rezone the subject property will make the zoning consistent with the Future Land Use Classification and will allow development that is compatible with neighboring properties. A ialysis 1. The proposed use is not contrary to Comprehensive Plan requirements. No, the proposed use in not contrary to the Comprehensive Plan requirements. More specifically: Objective 1 (Future Land Use Element) and subsequent Policies through 1.4. Objective 1: The location of future development in the City of Okeechobee will be guided by the availability and efficient use of public facilities and services as well as site characteristics such as soil conditions and topography. Policy 1. 1 Approval of development proposals will be conditioned on the availability of facilities and services necessary to serve the proposed development and that the facilities meet adopted level of service standards. Policy 1.2 The City of Okeechobee will ensure that needed public facilities will be in place prior to or concurrent with new Staff Report Applicant: Edward Douglas Rezoning Request Petition No. 03-002-R development through implementation of a Concurrency Management System. Policy 1.3 Where minimum levels of service for parks, roads, and solid waste disposal are met, new residential development and commercial developments receiving approval from the Florida Department of Health & Rehabilitative Services may make temporary use of private wells and septic tanks subject to the requirement that it will connect to public potable water and sanitary sewer service once such service becomes available. Policy 1.4 By September 1991, land development regulations applicable in the City of Okeechobee will be amended to implement appropriate best management practices described in A Guide to Sound Land & Water Management ( published by the Florida Department of Environmental Regulation) or limit development densities and intensities in areas where soil types or topography are not conducive to development. Permitted densities and intensities in environmentally sensitive areas shall be as established under Objective 2 and the Future land Use Map. Policy 2. 1 (C) (Future Land Use Element) (C) Commercial. Permitted uses include office, retail, automotive wholesale, and related commercial activities. Also permitted are public facilities. *Commercial development shall not exceed a floor area ratio of 3.00 and the maximum impervious surface for development within this category shall not exceed 85% of the site. Objective 8 (Future Land Use Element) and subsequent policy 8. 1. Objective 8: The City of Okeechobee will promote the use of various and innovative land development techniques. Policy 8.1 The city will amend its land development regulations to encourage development techniques which mix and distribute land uses to accomplish the following: a) make the most efficient possible use of existing public facilities; b) recognize and preserve distinctive natural features of the development site; c) protect environmentally sensitive areas within the site; d) preserve open space; Staff Report Rezoning Request Applicant: Edward Douglas Petition No. 03-002-R e) meet specific needs of the city, such as affordable housing; f) promote a sense of pride and community for its residents. 2. The proposed use being appliedfor is specifically authorized under the zoning district in the Land Development Regulations. Yes, the use is specifically authorized in the CHV zoning district. 3. The proposed use will not have an adverse effect on the public interest. The proposed use will cause no adverse effects to the public interest. 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. Commercial zoning is appropriate given the proximity of Commercial to the subject site. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development ofadjacent property. The proposed use is compatible with the neighborhood and will not adversely affect property values or living conditions. The proposed use will likely help other undeveloped lots to be developed. 6. The proposed use can be suitably bufferedftom surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood The proposed use can be buffered and will have to meet City Code requirements for site design, landscaping and buffering. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed use should not impact density patterns nor public facilities and services. The proposed use will be located in a district designed to accommodate such uses. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affectpublic safety. The proposed use will not create any inordinate traffic congestion or flooding nor impact public safety. Staff Report Rezoning Request Applicant: Edward Douglas Petition No. 03-002-R 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The proposed use should be able to develop within the existing City Code requirements and will not be inordinately burdened by any unnecessary restrictions. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public we�fare. The proposed change will not grant any special privilege to the owner as contrasted with the public welfare. S immary and Conclusions Prior to Certification The subject property is located in an area which was developed with commercial uses. The proposed zoning and the proposed use are compatible with surroundings uses and is consistent with the goals and policies of the City's Comprehensive Plan; therefore, based on the findings of this analysis, staff recommends approval of the request to change the zoning of the subject property from Residential Multi -Family to Heavy Commercial. I Li ndscape Regulations The proposed use will be subject to the landscaping and buffer requirements of City Code Section 500, Landscape requirements. ktachments Attachments to this Staff Report include the Future Land Use Map indicating the location of the subject property. Submitted by: James G. LaRue, AICP March 19,2003 City of Okeechobee General Services Department rGeZerfa'l 55 S.E. 3' Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 217 Fax: (863) 763-1686 Date: 103 Petition No. 00 a R Fee Paid: A Jurisdiction: anni, Is.t. Hearing: 2nd 03 Hearing:� Publication Dates's 5111,03 31)-7103 Notices Mailed: 31 (A-1-nS. Uniform Lanct Use Application 111 9-7anp e Snerini 1F.7reentinn s Variance Name of property owner(s): /)Ott V A Owner mailing address: f"9 P..�' Name of applicaht(s) if other than owner (state relationship): L L I Applicant mailing address: C C- Name of contact person (state relationship): TN � UA � T rContact person daytime phone(s).: Fax: — a 3..., — t V address / directions to property: Indicate current use of property: Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): [Properry Approximate number of acres: 7-5 Is property in a platted subdivision? Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: P R 0 Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, P nature and applicant's name: E R Is a sale subject to this application being granted? T Y Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: ly&-s Describe adjoining land uses improvements to the North: 0 South: exak,--4 - t: Me C,/,Lp West: Re 5'/'4A/6 e 14:;M Existing zoning: Future LAd Use classification: Actions Requested: C!��Rezone Special Exception Variance Parcel Identification Number: 3 - 15- - 35- Oto 016130 tonfirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing est. False or misleading information may be punishable by a fine of up to $500.00 d i nis erit to 30 s and may result in the summary denial of this application. IMP o�3 H Signature Printed Name Date Uniform Land Use Application (rev. 1103) Page I of 2 Current zoning classification: Requested zoning classification R q assi What is your desired permitted use under the proposed I 4 X 0-- N;,.. Ith- e ofii? If granted, will the new zone be contiguous wi a R z Is a Special Exception necessary for your intended use? -�-=�'"Variance? Describe Variance sought: V* A-1 R! Describe physical characteristic of property that makes variance necessary: Did you cause or contribute to the characteristic? Is.so, describe: What is the minimum variance necessary? V4 je -2 of 2 Uniform Land Use Application (mv. 1/03) Douqtas Heattb Center DOUGLAS HEALTH SPA (863) 763-7030 DOCTOR'S OFFICE DR. EDWARD W. DOUGLAS (863) 763-4320 CHIROPRACTIC PHYMIAN FAX (863) 763-1838 912-916 W. N. Park Street Okeechobee, Florida 34972 # 2 INTEREST OF PROPERTY TO BUILD A HEALTH CLUB BUILDING AND MOVE IT DOUGLAS FITNESS CENTER INTO NEW BUILDING AT LEAST MOST OF IT. tl DR. EDWARD W. DOUGLAS CHIROPRACTIC PHYSICIAN Dougtas Heattb.Center DOUGLAS HEALTH SPA (863) 763-7030 DOCTOR'S OFFICE (863) 763-4320 FAX (863) 763-1838 912-916 W. N. Park Street Okeechobee, Florida 34972 #10 I HAVE HAD THE DOUGLAS FITNESS CENTER AT 916 W.N. PARK STREET FOR 28 YEARS I, NOW NEED A LARGER FACILITY. AND PURCHASED THIS FOR THAT PURPOSE ONLY-.-. AN ALLEY WAY BETWEEN PRESENT PROPERTY. DR. EDWARD W. DOUGLAS CHIROPRACTIC PHYSIMN Dougtas Heattb Center �T . . ....... . .. .. . ..... .. . . ...... 10 912-916 W. N. Park Street / Okeechobee, Florida 34972 #5C LOTS 4,5,6 AND WEST OF 9 FT. OF LOT 3 4/10 OF AN ACRE. DOUGLAS HEALTH SPA (863) 763-7030 DOCTOR'S OFFICE (863) 763-4320 FAX (863) 763-1838 EDWARD W. DOUGLAS,-D.C. '� - t1f.' 6 3 DR. EDWARD W. DOUGLAS CHIROPRACTIC PHYSICIAN Doaqtas Heattfil Center 912-916 W. N. Park Street / Okeechobee, Florida 34972 #11 INTENDED USE FOR DOUGLAS FITNESS CENTER (GYM) FOR EXERCISE, STEAM AND SAUNA DOUGLAS HEALTH SPA (863) 763-7030 DOCTOR'S OFFICE (863) 763-4320 FAX (863) 763-1838 0 0,9 ao"'460 PACE 1784 TO: Okeechobee Abstiect 207 N.W. 2nd Sinnt nk.�hnh" PI 14A471 GUHHtUTIVE QUIT C;"/M DEED CORRECTING O.R. BOOK 458, PAGE 160,41 Parrel ID# 3-15-37-35-0010-01630-0040 Doruffwftry SUmps paid In t�e amount Of $ ne) This Indenture, made this Aly of July, 2001 A.D., BETWEEN CIM C Intiffilgible Tax paid in the amount Of $ — �A- EDWARD W. DOUGLAS Sharon Rd*tm. CWk of CAMult Couft 0 0 of the County of Okeechobee, State of Florida, Ok :7jnLj=ALA grantor, and BY , D.C. Dgkil EDWARD W. DOUGLAS, DC, as Trustee of THE E.W. DOUGLAS LIVING REVOICABLETRUST whose address is: 916 N.W. PARK STREET, Okeechobee, Florida 34972 of the County of Okeechobee, State of Florida, grantee. Witnesseth that the GRANTOR, for and in consideration of the sum of *—'---*'—*TEN AND NO1100 ($10.00)--DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt of which is hereby acknowledged, has granted, bargained and quitclaimed to the Said GRANTEE and GRANTEE'S heirs and assigns forever, the following described land, situate, lying and being in the County of OKEECHOBEE, State of Florida , to wit: Lots 4, 5 and 6, Block 163, CITY OF OKEECHOBEE, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. LESS AND EXCEPT that portion as contained in that certain Quit Claim Deed as recorded in Official Record Book 456, Page 1394, of the Public Records of Okeechobee County, Florida. SUBJECT TO current taxes, easements and restrictions of record. THIS PROPERTY DOES NOT CONSTITUTE THE HOMESTEAD OF THE GRANTOR. To Have and to 14old the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantor, either in law or in equity, for the use, benefit and profit of the said grantee forever. In Witness Whereof, the grantor has hereunto set their hand and official seal the day and year first above written. SIgned, sealed and delivered In our presence: )1� - I) - -o,, T�) -I Witness ED ARDIW=D10410GLAS_'� Printed name: DEBRA B. THOMAS 916 NW PARKSTREET, Oke4rhobee,F]1_34972 FILED FOR RECORD )QaQ(3-"— 357028 OKEECI-106FE COUNTY. ::L Witness 11 Q 200 1 At il, 7 !; Arl I I ! 12 Printed name: NEVA C. COSGRAVE SHARON ROSERTSOP STATE OF FLORIDA CLERK OF CIRCUIT C0URj' COUNTY OF OKEECHOBEE T, The foregoing instrument was acknowledged before me this day of July, 2001 by EDWARD W. DOUGLAS who Is personally known or has produced as Identification. THIS DOCUMENT PREPARED BY EDV&\RD W. DOUGLAS 916 NW PARK STREET [SEAL] OKEECHOBEE, FL 34972 B. Th —NOTARY PUBLIC - MY rnUUI.qq1nN r-yplppm. oil, S X LO LO 7K Ln cy, C)-) C:) cn LTI rT-1 rT,l U.) LO ro C, ro cn Fri FT-1 FT'l FT-1 70 r\-) C) 1 42 5. N. N. 10 TH AVENUE 50 MAI 5 Ln *—It, Li On CD F3 Ln r\.) Ln u CY) C71, CD 4 L i LO cx:) L71 LO a LO CD :r- 'J M.) CD CZ) Lo FT-1 FT-1 T.\ ru U.) R.) Ln Ln ru F-,) Ln R-) CT) 142-51 142.5 150 i5o �4. 9 7 NUE iH A\ENUE 1 3.16 Ln 142.5 142.5 J50 15 150 35 35 In In In T) cn cD cD co Col co LO Lo co w LIJ L, 4 '[p) sO3'3B,47* 72' 35- At'Aw raw CL rri rn P NORTH R2.5011pgol Ci CD Ln co NORTH i42.50'(P&Dl T SOX 37'3D'W 142. 81 - -42 11 01 all SWDO'59'E 142.89' NW 9th A VE. r! R �zq!tagpgii R r- 7 3!GAMMR;� m_!2E!g� A Gr'� RIMS -21': a 2- M A m - Z9 Z,q-- F� PRE! M Vz M_ URP? �Rm R Gr !rl5W:T% R A x -A Al ga CD IASR A q!� -1 M Cf) 7A mv4p _P GA., ME CITY OF OKEECHOBEE PLANNING BOARD MARCH 25.) 2003 SUMMARY OF BOARD ACTION 1 of 4 11 AGENDA III ACTION - DISCUSSION - VOTE 11 1. CALL TO ORDER - Chairman. Planning Board, March 25, 2003, 7:00 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 Mavroides Board Member Douglas McCoy Alternate Member Sandra Jones Attorney John R. Cook Secretary Carolyn Arnold Secretary Katrina Vinson 111. MINUTES - Secretary. Chairman Walker called the March 25, 2003 Planning Board meeting to order at 7:02 p.m. Board Secretary Vinson called the roll: Present Present Absent (with consent) Present Present Present Present Present (serving as voting member) Present 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 of Board for the January 28, 2003 regular meeting. III Action for the January 28, 2003 regular meeting. Board Member Keller seconded the motion. VOTE CREECH - YEA JONES - YEA KELLER - YEA LEDFERD - YEA MAVROIDES - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. IV. NEW BUSINESS. A. Rezoning Petition No. 03-002-R. Consider a recommendation to the City Council to rezone 911 N.W. 2"' Street from Residential Multiple Family (RMF) to Heavy Commercial (CHV). The property owner and applicant is Edward W. Douglas, D.C. March 25.2003 - Plannina Board - Paee 2 of 4 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 property is Commercial on the future land use map. He stated that the surrounding property consisted of some residential property, church, auto repair, and a grocery store and that Heavy Commercial is appropriate. Planning staff recommends that the Planning Board recommend to the City Council to grant approval of Petition 03-002-R, to change the zoning classification from Residential Multiple Family (RMF) to Heavy Commercial (CHV) located at 911 N.W. 2 nd Street. Board Member Ledferd questioned, why should the property be zoned Heavy Commercial instead of Commercial. Mr. Murray stated that the City does not have just a commercial zoning, and the proposed use is permit able in Heavy Commercial. Mr. Edward Douglas, applicant, addressed the Board. Mr. Douglas asked if the nine foot addition was included in the petition. Secretary Arnold, informed the Board Members that the subject property is diagonal in shape, less three feet on one lot, nine feet extra on the other side. In answer to Mr. Douglas' question, yes the addition was included in the petition. There were no further public comments. There was no further discussion from the board. Board Member Keller moved to recommend to the City Council to grant approval for Petition 03- 002-R, requesting to change the existing zoning classification of Residential Multiple Family (RMF) to Heavy Commercial (CHV) as recommended in Planning Staff s report. Board Member Ledferd seconded the motion. VOTE CREECH - YEA JONES - YEA KELLER - YEA LEDIFERD - YEA MCCOY-YEA MAVROIDES - YEA WALKER - YEA MOTION CARRIED. March 25, 2003 - Planning Board - PaLre 3 of 4 ACTION - DISCUSSION - VOTE IV. NEW BUSINESS CONTINUED. B. Rezoning Petition No. 03-003-R. Consider a recommendation to the City Mr. Donald Murray of LaRue Planning and Management Services, gave a brief background of the Council to rezone the property located within the 200 Block of N.W. Th Street subject property. Mr. Murray explained that this petition is a companion petition with a small scale from Residential Multiple Family (RMF) to Commercial Professional Office map amendment, approved by City Council. He explained that the Planning Staff recommends that (CPO). The property owners and applicants are Kenneth and Julie Edwards. the Planning Board recommend to the City Council to grant approval of Petition 03-003-R, to change the existing zoning classification from Residential Multiple Family (RMF) to Commercial IIII Professional Office (CPO) located within the 200 Block of N.W. 7" Street. There were no comments from the public. There was no discussion from the Board. Board Member Keller moved to recommend to the City Council to grant approval for Petition 03- 003-R, requesting to change the existing zoning classification from Residential Multiple Family (RMF) to Commercial Professional Office (CPO) as recommended in Planning Staff s report. Board Member Ledferd seconded the motion. VOTE CREECH - YEA JONES - YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA MAVROIDES - YEA WALKER - YEA MOTION CARRIED. AGENDA V. ADJOURNMENT - Chairman March 25, 2003 - Planning Board - Page 4 of 4 ACTION - DISCUSSION - VOTE PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board There being no further items on the agenda, Chairman Walker adjourned the meeting at 7:13 p.m. with respect to any matter considered at this proceeding, such interested person will need a record ofthe 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 ofbackup for official records of the Department. I Jerry Walker, Chairman ATTEST: Katrina Vinson, Secretary ExHiBIT 2 — APRIL 1 AGENDA ORDINANCE NO. 823 AN ORDINANCE OFTHE CITY OF OKEECHOBEE, FLORIDAAMENDINGTHE OFFICIAL ZONING MAP OF OKEECHOBEE By REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MULTI -FAMILY (RMF) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABiLrrY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.482 acre(s) from Residential Multi -Family (RMF) Zoning District to Commercial Professional Office (CPO) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: Now THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida that: SECTION 1. LEGAL DESCRIPTION The following described land, located in the City of Okeechobee, to -wit: Lots 4, 5, and 6, Block 75, Okeechobee, According to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. SECTION 2. ZONING MAP AMENDMENT That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Multi -Family (RMF) Zoning District to Commercial Professional Office (CPO) 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 I of 2 60-0 SECTIONS. EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this Ist of April, 2003. James E. Kirk, Mayor ATTEST: Lane Garniotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 15th day of April, 2003. ATTEST: Lane Gamlotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 Staff Report Rezoning Request From Mulfi-Family to Commercial Professional Office Petition No. 03-003-R Preparedfor: The City of Okeechobee Staff Report Rezoning Request C aneral Information Applicant: Kenneth & Julie Edwards Petition No. 03-003-R Petition Number: 03-003-R Owner: Kenneth & Julie Edwards Owner Address: 7595 NE 128 1h Avenue, Okeechobee, Fl, 34972 Owner Phone Number: 863-763-4906 Applicant: Same as Above Pi3perty Control Number Existim, 3-15-37-35-0010-00750- 0040 Proposed Future Land Use Designation Commercial Commercial Zoning District Multi -Family Commercial Professional Office -Acreage .482 .482 -Density 3 du nJa -Access N.W. 7"' Street N.W. 7hStreet Location: N.W. 7th Street, Okeechobee, FL 34972 Legal Description: Lots 4, 5, and 6, Block 75, Okeechobee, According to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. I R !quest: The Owner requests a rezoning from Multi -Family to Commercial Professional Office to allow a professional office building. I A, 1jacent 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: Industrial Industrial Feed Mill Single -Family Residential Vacant Residential Single Family Residential Staff Report Applicant: Kenneth & Julie Edwards Rezoning Request Petition No. 03-003-R Existing Land Use: . % Vacant Structure West: Future Land Use Map Classification: Single Family Zoning District: Residential Existing Land Use: Multi -Family The subject property is located in a neighborhood that contains a variety of land uses including industrial and warehousing to the north, single family to the east, a triplex and duplex to the west, and a condemned single family home to the south. In the extended area there are offices, a church, motels, and commercial businesses. It is also likely that the proposed courthouse, which is located less than three blocks to the south, will place pressure on this area for additional office use. Given the analysis of the immediate area, the proposed use appears to be reasonable. I A ialysis 1. The proposed use is not contrary to Comprehensive Plan requirements. This site was the subject of a small-scale land use map amendment approved March 4, 2003 by the City Council. The Future Land Use Category for the subject property is Commercial making this request to rezone the subject property to Commercial Professional Office consistent with the City's Comprehensive Plan. 2. The proposed use being appliedfor is specifically authorized under the zoning district in the Land Development Regulations. The Commercial Professional Office category permits office use. The applicant is proposing a professional accounting office. 3. The proposed use will not have an adverse effect on the public interest. The proposed use will not have an adverse effect on the public interest. 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 proposed land use is compatible with the adjacent and nearby uses which include office, industrial and commercial uses. Furthermore, the proposed office use will only cause minimal traffic impact in the area. The existing Single Family Land Use District is also situated in an area that is buffered by Industrial to the north and Commercial to the east and south, thus making land uses such as office more compatible with the larger scale development of the area. Staff Report Rezoning Request Applicant: Kenneth & Julie Edwards Petition No. 03-003-R 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed use will not have an adverse effect on property values in this neighborhood and will likely help to spur some redevelopment of nearby substandard properties. 6. The proposed use can be suitably bufferedfrom surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood Appropriate site design standards will be applied requiring buffering and landscaping to help minimize any possible nuisance or hazard to the neighbnorhood. 7. The proposed use will not create a density pattern 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. Traffic should be minimal. Appropriate site design and drainage facilities will help mitigate any potential for drainage problems. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The proposed use has not been inordinately burdened by unnecessary restrictions. 10. Ae proposed change will not constitute a grant of special 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 as contrasted with the public welfare. I S -immary and Conclusions Prior to Certification I The subject property is located in an area of mixed land use such as industrial, multi- family, office and commercial uses. Commercial land use and zoning districts are located as close as one-half block away to the south and to the east of the subject parcel, and parcels designated with the Public Facilities Future Land Use Category are located as close as two blocks to the south. Industrial land use is also located across the street to the north of this property. There are condemned residential properties next to this property as well. Given the existing condition and uses in the area, the proposed office appears to be compatible and should help to improve property values. Staff Report Applicant: Kenneth & Julie Edwards Petition No. 03-003-R Rezoning Request The proposed use is also consistent with the Comprehensive Plan; therefore, based on the findings of this analysis, Staff recommends approval of the request to rezone the subject property from Multi -Family to Commercial Professional Office. idscape Regulations The proposed use will be subject to the landscaping and buffer requirements of City Code Section 500, Landscape requirements. Atachments Attachments to this Staff Report include the Future Land Use Map indicating the location of the subject property. Submitted by: James G. LaRue, AICP March 19, 2003 -11� — , - CITY OF OKEECHOBEE General Services Department 55 SE Third Avenue Okeechobee, Fl- 34974 Phone: 863-763-3372 FAX: 863-763-1686 Date (0-0 Petition No. 0-3-oc& P, jurisdiction: )A; Aq Zoard '0 -11 —n R Fee Paid:,, -50tq. C)o Notices Mailed: 3-7 03 lstHearing M-jqeLt� 46 90ep3 2nd Hearing.4pe4L 4 aoo3 %blinntinn natns- Ai. 7- Q (if require4 Uniform Land Use Application 1plonep i7ft/yr-1; mpyurmto sheets for re"Cuire'l a&funnal ljifnrmatlon) See Resolution No. 99- 10: 1 'TROOF OF INTEREST IN PROPERTY'for required additional information- H Name of property owner(s): C' M M -10— CL V� Ct -I tj ot w C,-,/ Mailing address: 7,5 9 6- /y e /.,A 4yc,, k e eOK e e e4.Z e e Property address: IV W -2 '--4 SI-ot ee/ VC e e- c4-s Le e, -),Z� -�r V f 7 Name of applicant, if other than owner (state relatiOnshiP): Re'N".0-1- i-d &'-j OL " e Telenhnne nipher-q- 14nqe'-/X3 - V1 10 & moh; ie/ren- V�,4 -"7,rlg W.,k- 7 -%'X5 png=-- See Resolution No. 98-102"PROPERTY SURVEY AND LOCATION MAP- forre-quired additioraliffohnafism Future Land Use Map desigaation:9 v LTI- - 4 oqj,-,�Lq Current Zoning Classificatioa: M V Ln Approximate acreage or square feet , 31 b .1 A c t e Part of platted subdivision? P(o Type and gross area of any existing non-residential uses on site: O.,e Number and type (conventional, manufactured home, etc.), gross area of any existing dwelling(s) on site: (I Dimensions, gross areas, and percentages of total land use of any existing public areas, reservations, buffers, open spaces, water retention lakes and recreational uses on site: 0 Is there a current or recent use of die property that is/was a violation of City Ordinance? 0 yes 0110 If yes, please describe: Have there been any land use applications concerning all or part of this property in the last year? 0 Yes 9�10 If yes, indicate date, nature, and applicant's name: Briefly describe use of adjoining property. North -I East L -south: Vo- SVe_tr+tA#k eL West 0,\ A &0 Check type of application, complete appropriate sections, and sign reverse side of appUcation. AA. --.1 —.4— Proposed Zoning Classification: L40 V1 en' 10 If granted, will the proposed zoning classification be contiguous with a ble zone? jo 0 When development is proposed, see Resolution 98-10:9 "ENVIRONMENTAL ANALYSIS" l0'TUBLIc FAMITY N MIPACT ANALYSIS", and I I "SIGN PL"'(v&erc applicable), for requiredid&tional information allm-9 M (over) For Special Exception APplications, ask for Section 700 -SPECIAL EXCEPTION USE REGULATIONS" Of the City of Okiechobee Describe the Variance lemental supporting information: WDemonstrate that the variance is needed to overcome. a hardship caused by the unique U Z physical conditions of the site: ize stru tur Specify the minimumvariance requirement including. height, lot area, s Of c e, >1 size of vard, setback, buffer or Details of administrative decision under appeal, including name of individual issuing decisioa,'date of issuance, and written copy of decision; Reasons for jW of decision: information: CoNFRUVIATIOK OF INFORMATION ACCURACY on this application is correct The infor ation is for use by the City I hereby cert� that the information Mation included in this applir to &e hundred dollars of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up ($500.00) and imprisonment Of 4P to thirty (30) days and may result in the summary denial of this application- 3) Date Rev: 8/00 February 26, 2003 Kenneth D. Edwards 7595 Northeast 128h Avenue Okeechobee, FL 34972 City of Okeechobee Okeechobee, Florida Re: Lots 4, 5, & 6 Block 75, City of Okeechobee Dear City of Okeechobee, I currently have a contract for sale on the above referenced property contingent on a change in the. future land use map and a change in the zoning to allow for a professional office building. The existing uses of the surrounding properties include multi -family, industrial, and commercial. Sincerely, Kenneth D. Edwards i(ihrN/u.'Cfxr -1-15-37-3-r,-0010-00750-0040 oo,atec ot Tim 265-(j3-46q3 Grant" jr2 iiN: 595-05-0075 Warranty Deed day of Ilds Indenture, m.dc this JEANETTE LAIU41'.Y, a married woman, 7 PACE 14 rAxumt'ntarY Stainin paid In the amount of S 91.00 LIS.;at( Wurt C. Dec e mbe r, 20 0 0 A.D., Between n(the County of Volusia siaten! Florida grantor, and KENNETH D. EDWARDS and JULIE EDWARDS, his wife, �t,ogc&djrtssi,:7595 N.E. 123th Avenue, Okeechobee, Florida 34972 or lh: 0"rity (,( Okeechobee I stAtcw Florida , grantees. NVitnCS.%CIII that the GRAmroit, in- and in considiration ofi-te tumor - - - - - - - - - - - - - - - - - - - - - - - TEN & N01100($10.00) - - - - --- - - - - DOIAARS� ..J other K-xA and -!..t.Ic cnn�idcralio. to (MAI'MOR In hand pAid by GIVM`7;I!S, the vectipf whereof is hereby Actrinadedgcd, h&s Inaled, haNaincif and told to thc xaid GRAI�MUS and 10RAMIT-17W licics Anil assigns Forever, the following described land. situate. lying and being lathe County of Okeechobee stateof Florida towir Lots 4, 5, and 6, Block 75, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. The property herein conveyed does not: constitute the homestead property of Grantor. SUP.jECT to restrictions, rebervation3 and easements of record, if arty, which are not reimposel hereby, and taxes subsequent to December 31st, 2000. and the granto in VVI s S jjtd)>f td py..;M t 0 d Witne--4 T Witness j: r) -,,, p, E C 0 R 1) FILN FL UK 20G1 f)r-r tj,, In, 59 3 14 5 9 0 SH&ROJI ROUFRTSO I I M.ERK OF CIRcUIT COIJRT decs hereby fully vnmnl 'he tMe to said Land, and %ill dcend the same against lauful claim,t of all persons whornsoe%mr. U�crcof, the gnininr Ithi hereunto SCI her 16AId And seat the day and )-ca. first abova Written. and cl�flytrcd In our presence: STATE' OF FLORIDA R COUNTY OF VOLUSIA E, The foregoing irtsiniment wat acknowledged before me this day af T JEANETTE LARMAY, a married woman, U R who IS personally known tome or *-ho has prnduccd her Drive 1:3 LicenSe N as 14eft"c"a". 41 n e 42 e Ac (SCSI) y / / A� IA3, Ponca Inlet, M 37127 December, 2000 by 11iis Do�-mcnt rrcpared & TOM W. C.CNPI.Y, HI fe T Line 0 corimy AL coNmy, r.& Printed Name: M%T Or"M DR,%WUR 1367 NOTARY Pumic Chdo" A Memo _,?-UKMW3 [011M, Ill. MMIX7 My Commission vxrqrcs: 'T Iiana Kwl)-1 W CC-WGtkn CC632317 A4 ../ E-Pirs a " 3, 2003 M 5 2 U 3 14 4 co .0 . . . . . . . . . . . . 60 16 . . 6 . . . . . .. . . . . 17 7 is ig . . . . . . . . . . . 20 M. 5 . . W. 5 1 a —I- (HALE AVE.) Uj LU 6 5 4 3 7 8 9 to I t t2 (TWELFTH ST.1 6 5 4 2 1 7 8 9 to I I (ELEVENTH ST.1 5a -50 6 5 4 3 2 1 7 8 9 'to it Q t&S 14i 5 13 3 t4 4 .... 5.9 16 6 7 is 8 ig '20 , W. 5 1 a LU LU C3 cu 3� ze 13 is 16 17 is 19 9 - 8 ' 7 2 t4LS 3' 4 6 7 to L4Z 5 2 3 4 la S 6 I L U 14 is 16 0 is ig 20 t42.6 47. S. I 3 6 7 to 142.5 47.5 4 tv-S t4L 5 47. 5, so 4 3 2 1 0 7 2 3 2 r i n r L4 3 6 ... 9. 4 7 8 9 10 it 12 to it 't2 to i,� so 47.S 47.5 14L 5 1 47.5 47.5 4 t42.S 142.S .47.5 so so 6 5 4 3 2 1 9 8 7 3 2 t2A �--R 4 7 7 8 9 'to it 't2 to it to -U 47.S 47.5 MLS 6 9 142.51 L47. S_ L. 47.5 n La L" cn 10 47.S as LO cm LAJ 47.5 3 ff 4 142- 5 i42.S 2 47.5 8 7 so 6 5 bC 4 3 2 1 6 7 ------ r7 142.6 3 it U . 47. 5 6 M 5 7 8 w 9 to it 12 47. S U2. 5 ------------- q -innn BOUNDARY SURVEY LOCATED IN SECTION 116. TOWNSHIP 37 SOUTH. RANGE 35 EAST TALLAHASSEE MERIDIAN OKEECHOBEE COUNTY. FLORIDA DESCRIPTION Lots 4. 5 and 6. Block 75. OKEECHOBEE. according to the plot thereof recorded in Plot Book 5. Page 5. Public Records of Okeechobee County. Florida. SURVEYORS NOTES Subject to easements and restrictions of record. Lands described hereon not abstracted by this office. Underground utilities and foundations are not shown. Th description shown hereon was provided by the cli:nt and/or his/her agent. Not valid without the signature and the original raised seat of a Florida licensed surveyor and mapper. The surveyor did not interview adjoining land owners for unrecorded deeds or easements. Elevations, if any. ore based upon assumed datum. re r C. SURVEY DATE: DECEMOLIN I 0 'z' u: .0-A NW 7TH STREET -T 3LW ww. S&W W r 3ff P C com" Apm IS 14 eft .1. $LM" 74 4 5 ! to el Lands shown hereon are in Flood Zone C. as scoled from LOT 4 LOT 3 FEMA FIRM panel no. 120177 0200B, doted 2-4-81. LOT 6 1 LOT 5 1 Address: NOT ASSIGNED - 1cm r L*4 SURVEYORS CERTIFICATE 1 hereby certify that the attached sketch of survey ;U 0 BLOCK 75 OKEECHOBEE PS 5. PG 5 of the hereon described property is true and correct knowledq le and belief as surveyed > < OKEECHOBEE COUNTY to the best of my in the field under my direct supervision. Subject to rrl FLORIDA the qualifications noted hereon. Z rrI W P, I W. WP "Ov P" 304 Wir low 0 vr james R. Almond. PSM 20* ALLEY 0 La.wo-C Professional Surveyar—Mopper norido Registration No. LS5081 M Sw 30 TERRACE —6121 LOT 8 LOT 9 LOT 10 mAlL. LOT 7 nMK/PAM MIS04 i* 3W 81/63 j-17-01; CON&CTO STRW WAIC "CT 1". 1600 .,, — 6 � . I A W�" PREPARED FOR: KENNETH EDWARDS — I ~ W V 81M." CITY OF OKEECHOBEE PLANNING BOARD MARCH 25, 2003 SUMMARY OF BOARD ACTION AGENDA 1. CALL TO ORDER - Chairman. Planning Board, March 25, 2003, 7:00 p.m. ( fl. CHAIRMAN, MENFBER 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 Mavroides Board Member Douglas McCoy Alternate Member Sandra Jones Attorney John R. Cook Secretary Carolyn Arnold Secretary Katrina Vinson 111. MINUTES - Secretary. I of 4 ACTION - DISCUSSION - VOTE Chairman Walker called the March 25, 2003 Planning Board meeting to order at 7:02 p.m. Board Secretary Vinson called the roll: Present Present Absent (with consent) Present Present Present Present Present (serving as voting member) Present 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 of Board Action for the January 28. 2003 regular meeting. Board Member Keller seconded the motion. for the January 28. 2003 regular meeting. III VOTE CREECH - YEA JONES - YEA KELLER - YEA LEDIFERD - YEA MAVROIDES - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. IV. NEW BUSINESS. A. Rezoning Petition No. 03-002-R. Consider a recommendation to the City Council to rezone 911 N.W. 2 n1 Street from Residential Multiple Family (RMF) to Heavy Commercial (CHV). The property owner and applicant is Edward W. Douglas, D.C. March 25. 2003 - Planning Board - Page 2 of 4 ACTION - DISCUSSION - VOTE Mr. Donald Murray of LaRue Planning and Management Services gave a brief background of th ' e subject property. Mr. Murray explained that this property is Commercial on the future land use map. He stated that the surrounding property consisted of some residential property, church, auto repair. and a grocery store and that Heavy Commercial is appropriate. Planning staff recommends that the Planning Board recommend to the City Council to grant approval of Petition 03-002-R. to change the zoning classification from Residential Multiple Family (R-MF) to Heavy Commercial (CHV) located at 911 N.W. 2"' Street. Board Member Ledferd questioned. why should the property be zoned Heavy Commercial instead ofCommercial. Mr. Murray stated that the City does not have just a commercial zoning, and the proposed use is pennit able in Heavy Commercial. Mr. Edward Douglas, applicant. addressed the Board. Mr. Douglas asked if the nine foot addition was included in the petition. Secretary Arnold. informed the Board Members that the subject property is diagonal in shape, less three feet on one lot, nine feet extra on the other side. In answer to Mr. Douglas' question, yes the addition was included in the petition. There were no further public comments. There was no further discussion from the board. Board Member Keller moved to recommend to the City Council to grant approval for Petition 03- 002-R. requesting to change the existing zoning classification of Residential Multiple Family (R-MF) to Heavy Commercial (CHV) as recommended in Planning Staff's report. Board Member Ledferd seconded the motion. VOTE CREECH - YEA JONES - YEA KELLER - YEA LEDFERD - YEA MCCOY- YEA MAVROIDES - YEA WALKER - YEA VIOTION CARRIED. March 25, 2003 - Planning Board - Pa2e 3 of 4 11 AGENDA 11 ACTION - DISCUSSION - VOTE 11 IV. NEW BUSINESS CONTINUED. B. Rezoning Petition No. 03-003-R. Consider a recommendation to the City Mr. Donald Murray of LaRue Planning and Management Services, gave a brief background of the Council to rezone the property located within the 200 Block of N.W. 7 h Street subject property. Mr. Murray explained that this petition is a companion petition with a small scale from Residential Multiple Family (R-MF) to Commercial Professional Office map amendment, approved by City Council. He explained that the Planning Staff recommends that (CPO). The property owners and applicants are Kenneth and Julie Edwards. the Planning Board recommend to the City Council to grant approval of Petition 03-003-R- to change the existing zoning classification from Residential Multiple Family (RMF) to Commercial Professional Office (CPO) located within the 200 Block of N.W. 7" Street. There were no comments from the public. There was no discussion from the Board. Board Member Keller moved to recommend to the City Council to grant approval for Petition 03- 003-R. requesting to change the existing zoning classification from Residential Multiple Family (RMF) to Commercial Professional 0ihce (CPO) as recommended in Planning Staff s report. Board Member Ledferd seconded the motion. VOTE CREECH - YEA JONES-YEA KELLER - YEA LEDFERD - YEA MCCON'- YEA NIAVROIDES - YEA WALKER - YEA MOTION CARRIED. March 25, 2003 - Planning Board - Page 4 of 4 11 AGENDA 11 ACTION - DISCUSSION - VOTE 11 V. ADJOURNMENT - Chairman PLEASE TAKE NOTICE AND BE ADVISED that ifany person desires to appeal any decision made by the Plannine Board There being no further items on the agenda, Chairman Walker adjourned the meeting at 7:13 p.m. with respect to an� matter considered at this proceeding. such interested person will need a record offlic proceedings. and ror such purpose ma� need to ensure averbatim record ofthe proceedings is made. which record includes the testimony and evidence upon which the appeal is to be based. General Services capes are for the sole purpose ofbackup for official records of the Department. I Jerry Walker, Chain-nan ATTEST: Katrina Vinson, Secretary EXHIBIT 3 - APRIL 1 AGENDA T"ULATION SHEET CONSTRUCTION COSTS FOR 50 x 30 x 14 BUILDING IN COMNfERCE CENTER Haydon & Haydon, Inc. $24,973.00 G.M. Worley, Inc. $30,650.00 O'Connell Construction Services, Inc. $33,725.00 EXHIBIT 4 - APRIL I AGENDA CITY OF OKEECHOBEE (863) 763-3372 FAX (863) 763-1686 AGENDA ITEM REQUEST FORM Please mail or bring completed form to: City of Okeechobee City Administrator"s Office 55 SE 3' Avenue Okeechobee, Florida 34974 NAME: &a o I N t'J /0 j, to Q-, ADDRESS: I - -) C- a. P j .5 , , KN t--" 9-,Q- t+ (D f�� I TELEPHON-E: "? (0 FAX: 3 MEETING: REGULARO' SPECIAL 13 WORKSHOP 13 DATE: PLEASE STATE THE I EM, 01-f' 0/ 03 YqU WISH TQ HAVE P'W -�OVHE CITY COUNC14 AGENDA: � I IV C)APENCUDI--ff Mt-\(N S C-- AL-C(AMCb. PLEASE STAT WHAT DEPARTMENT(ShyOU HAVE WORKED WITH THU -1A PA . �(� q-�D CCD (i �-�V - CS) �M V-k I 10 CA PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL: V-,(M &-) L- cQD �j �0 " ( C t)� (-- a �2 1� 0 m -A 4- L- I A K) C E' L-'Q i --I -H M A I &) --W Al-h � I PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTArJ4 APPI.TrARIN DnV1T1%4r1VTQ- ff� IF PRESENTATION tS TO BE MADE, PLEASE STATE HOW MUCH TIME YOU ARE REQUESTING: 12 — / C-) /\,l t 1\ j , SIGNED BY: DATE: Q ECONOMIC & PROMOTIONAL ALLIANCE BETWEEN OJMCHOBEE MAIN S`TREET, INC. The City Of Okeechobee, Florida WHERFAS, 7he world has become a global village. Other National economic and promotional alliances recognize the world of business opportunities and promotions that exist by expanding the focus to a wide variety of options in many target markets with co operational efforts, and WHEREAS, All entities share a common desire to promote economic growth and encourage business development through organizational to organizational linkages, and VVHEREAS, it has been recommended through an independent study, (Glota), that all local organizations can form an ideal business twinning partnership for the purpose of establishing formal economic and promotional alliance agreements. NOW THEREFORE, Okeechobee Main Street, Inc. enters into this agreement to establish a formal alliance relationship between our organizations to foster new economic activity, business development growth and trade opportunities. The parties hereby agree to the following activities: THAT the parties undertake to promote awareness of this alliance in conjunction with their respective business organizations and business community activities, THAT the parties provide information exchange, liaison and support to all parties seeking economic stimulation and promotion of Okeechobee, Fl, THAT the parties undo -take to inform each other of important economic and other issues, THAT the parties strive to coordinate business exchange forums, delegations and events whenever possible, THAT notwithstanding the business twinning focus Of this agreement, exchange in other areas such as education, professional expertise, culture, arts, sports, tourism etc., be encouraged through all community organizations under this agreement. WHEREAS, In the event of a conflict of interest, dispute, questions or comments can be addressed and resolved directly by the board of directors of any and all entities involved. THAT, At no time shall one organization denounce or utilize any degradation towards another organization within the alliance. THAT, Under this agreement, all Parties shall act as entities for the betterment of Okeechobee, and for the Citizens of Okeechobee as their primary cause without regard to political beliefs or personal motivations. Page 1 of 2 IN WITNESS WHEREOF, for the single purpose of these organizations hereby working in unison towards the common goal of promoting Okeechobee, FL., the Directors of the Okeechobee Main Street, Inc., and, the Officials of the City of Okeechobee have hereunto set their hands and seals in establishing this Economic and Promotional Alliance Agreement on this day of 2003. FOR: Okeechobee Main Street, Inc. President, Vice president, Treasurer, Secretary, Program Manner, FOR: City of Okeechobee Name Tide Name Name Title Tide Name Title Page 2 of 2 Signature Signature Signature Signature EXHIBIT 5 - APRIL 1 AGENDA CITY OF OKEECHOBEE (863) 763-3372 FAX (863) 763-1686 AGENDA ITEM REQUEST FORM Please mail or bring completed form to: City of Okeechobee City Administrator's Office 55 SE 3' Avenue Okeechobee, Florida 34974 NAME: Georgia Perrine/Perrine Quisine ADDRESS: 6305 NE 4th Street Okee., FL 34972 TELEPHONE: 467-8552 FAX: MEETING: REGULAR 0 SPECIAL 0 WORKSHOP 0 DATE: PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA: Parking Requirements for Food Service Occupational License. PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH THUS FAR: Finance,_General Services, Bi�ilding. Fire, Police, Public Works, PngjnPPrJnR, Administration and Legal. PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL: Possible 20% reduction of required number of parking spaces.for a Food Service license (per the T-DR's) PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: Notorizel statements allowin2 additional off-street parking - IF PRESENTATION IS TO BE MADE, PLEASE STATE HOW MUCH TIME YOU ARE REQUESTING: IN iml gna DATE:* March 25, 2003 Memoran'dum To: Bill Veach, Administrator From: Lydia Jean Williams, Administrative Aide/Special Projects Coordinator Date: March 26, 2003 Re: Occupational License/Food Service: Perrine Cuisine, 202 NE 2nl Street The owner of the above listed business applied for an occupational license with the City on December 4, 2002. The application was completed and the zoning form signed. However, the parking regulations were not verified. If the parking regulations had been verified on that date — the applicant would have been told they would not be able to have this type of business at this location. The City was not aware of any problems with parking regulations until the middle of March when it was brought to our attention. Due to the extenuating circumstances of this matter, the following City departments (Engineering, Building, Fire, General Services, Public Works, Legal, Administration and Finance) have tried to come up with a solution for the City, the business owner, property owner and surrounding residential property owners: The zoning is Heavy Commercial. According to the LDR's the restaurant is required to have I parking space per every 75 square ft. of floor area. The total square footage is 3,800 which computes to 51 parking spaces. If Council agrees to the 20% reduction — 41 parking spaces will be required. The existing parking lot has a total of 27 parking spaces not including the 2 handicapped parking spaces. This leaves 14 required off street parking spaces. Notarized letters from Okeechobee Bass Funeral Home and State Farm Insurance will be presented for the additional parking needs. We have two residential homes located directly to the east of this restaurant - the placement of "Residential Parking Only" signs in front of these homes will assist with the additional overflow of on -street parking for these residents. The property owners, Chris & Gail Newman, will also be on the agenda to discuss a "Use of Alley" agreement to access the rear parking lot. The restaurant owner, Georgia Perrine, will also sign an agreement with the City stating the restaurant's occupational license was not transferable (without meeting parking requirements) and that the additional parking approvals must be maintained. I feel the corrections, changes and allowances listed above will allow the City to meet all LDR requirements, allow the business owner's to be allowed to operate the restaurant at this location, and also assist the residential owners with their on -street parking concerns. We have tried to make this a win -win situation. Hopefully, we have succeeded. We have, however, made the necessary corrections to the zoning application form that will not allow this problem to happen again in the future. If you have any questions, please let me know. 01 CITY OF OKEECHOBEE Office of General SerVices Before completing your occupational license application go to the Ci . ty Building and Zoning Department, Room 101 and complete the following form: Address or Legal Description of where business isto be opened: aoa nL Qr,8- aoQaca Name of Previous Business located at this site (if any): Type of business: X—M I hereby certify under penalty of law or the revocation of the request approval sought that to the best of my knovAedge and belief, the above Information I have provided is true And correct. C) Date---------- '/Signatu of Applicant `fcISNICK-�(Oki �' t� L Printed Nahie of Applicant To be completed by General Services: Current Zoning: Q A V I Current Future Land Use Designation: comme(01'00 f---) Is the proposed business a Home Occupation: Yes If Yes, you must meet the requirements as stated in Section 652 (back of this page) If No, continue to next question. Is the proposed business a Permitted Use: es No If Yes, Section 5 ��T I and No. 3 If No, is the proposed business a Permitted Use by Special Exception: Section and No. If not permitted either as a Permitted Use or by Special Exception, you cannot operate this type of business at this location. General Services Staff will provide you with appropriate land use and zoning district use information. Additional Information to Note: twif the Zoning and Future Land Use is not compatible a Rezoning or Future Land Use Map Amendment will be necessary. O=Vatiortal Uconse Zoning Form Revised 0910= Ir CITY Ol� OKEECHOBEE Occupational License Department 55 SE 3' Avenue, Room 102 Okeechobee, FL 34974 Phone: 863-763-3372 ext. 222 Fax: 863-763-1686 Ut;cupational License Department Approval: $10.00 Application Fee $50.00 Inspection Fee $ License Fee Occupational License # $ Total Paid Or-cli-11PATIONAL LICENSE APPLICATION Application Date: Opening Date of Business: JAn - "4� Z Name of Business: Pq-v\u-" 0LLL&-il,-q- :3 Name of Business Owner(s): Geo" ItA-Name of Applicant (if different frOM Owner): CL < MailingAddress: (0_-x� nE ql�� Owner's D/B: 311-7f(e-j SS# �attach copy) Telephone Numbers: Home: Work: Mobile/Cell: 7 Legal Description of Property: a. Location Address: a(Da 0 Ix CL Property Owner: SELECT LICENSE CATEGORIES (See reverse side for descriptions) CATEGORY DESCRIPTION FEES 0 100 Agriculture and Forestry 0 200 Construction 0 300 Manufacturing Z 0 C3 400 Transportation, Communication, Utility Service — UJ 11-- El 500 Retail/Wholesale Z 0 600 Eating/Drinking Establishments 0 700 Finance, Insurance & Real Estate El 800 Services L 13 900 Recreation Facilities 11 1000 Rentals C1 2000 Professional 3000 Non -Classified 4000 Miscellaneous I hereby acknowledge that I have read this application that the information is correct, and that I am the owner, or the duly authorized agent of the owner. I agree to conform with and abide by, and obey, all the rules and regulations, lich may be lawfully prescribed by the City Council of the City of Okeechobee, or its officers, for the issuance of s licens�. An f ,,statement herewith is ground for rejection or revocation of this occupational license. -�ny Wale 'Sig -nature 4f Owrier(sTor� Applicant Date ; C.-M —4— —AM—N. Building Inspector Approval: Date: Fire Department Approval: Date: Code Enforcement Department Approval: Date: Police Department Approval: Date: Public Works Department Approval: Date: ADDED EXHIBIT NEW BUSINESS ITEM 66F" APRIL I AGENDA PARKING/LICENSE AGREEMENT THIS Agreement, made and entered into this _ day of , 2003, by and between CHRIS & GAIL NEWMAN, (hereinafter refereed to as "OVVNER"); GEORGIA PERRINE, d/b/a PERRINE CUISINE, (hereinafter referred to as "TENANT"); and THE CITY OF OKEECHOBEE, a political subdivision of the State of Florida (hereinafter referred to as "CITY"). RECITALS A. OWNER is the fee simple owner of a certain tract of land located within The City of Okeechobee in block 153, lots 3,4,5,&6, City of Okeechobee, on which are located commercial structures; the said property hereinafter being referred to as "PROPERTY" and being more particularly described in Exhibit "A" attached hereto and made a part hereof. OWNER is the holder of all legal and equitable ownership rights in the PROPERTY, but a portion of which is leased out by OWNER to various tenants. B The OWNER represents that it is the fee simple owner of the PROPERTY and that the rights granted herein and the obligations created hereby shall in no way be affected by the property right of any other entity at the time of the execution of this Agreement or at any time between the execution of this Agreement and the recording of this Agreement in the Public Records of Okeechobee county, Florida. The parties herein agree and all other third parties are hereby put on notice that the rights of the CITY, the development limitations and all other matters affecting the land are in all ways superior in right, title and interest to any subsequent mortgage, or any other type of legal or equitable interest subsequent in time to the recording of this Agreement. C The OWNER uses the property for their own uses, as well as leasing a portion of the premises to tenants, also for commercial uses, and related, incidental uses. The parties recognize said use was approved pursuant to CITY's issuance of a permit or development agreement, which caused the project to be constructed and thereafter used for such commercial uses without the necessary number of off-street parking spaces as required by section 472, land development regulations. In addition, the OWNER now has a tenant who is approved for use of up to 3800 square feet in which to conduct a restaurant business, which under said land development regulations would require I off-street parking space for each 75 square feet of floor area in the restaurant. It is the purpose of this Agreement to provide a mechanism to mitigate potential adverse parking and traffic circulation impacts created by the development of the PROPERTY, and to accommodate its use as a restaurant and for uses in the future, under the present zoning designation of heavy commercial. D. The OWNER and/or TENANT agree to obtain certain parking arrangements as set forth in this Agreement, which arrangements will mitigate the potential adverse impacts of the commercial use of the property, as well as tie such arrangements to the occupational license to be issued to TENANT for use of a portion of the property for restaurant use. E. Further, OWNER understands and agrees that future tenants, depending on the use made of the property, may also encounter difficulties in complying with offstreet parking requirements, and that similar agreements with CITY may be necessary for OWNER and such future tenants, prior to approval by the CITY and issuance of occupational licenses, under the current zoning designation for this property. Page I of 5 NOW THEREFORE, in consideration of the mutual promises and covenants herein made and agreed to be kept, the parties hereto agree as follows: The foregoing recitals are true and correct and are incorporated herein by reference. This Agreement will be valid for an indeten-ninate period of time, from the date that it is executed by all parties, until such time as OWNER obtains or is granted a zoning change for the property in order to cause the property to come into compliance with section 472 ofthe land development regulations, or until OWNER builds the required number of offstreet parking spaces, whichever first occurs. This Agreement may be extended by mutual consent of the CITY and OWNER and TENANT. Further this Agreement may be amended or canceled by mutual consent of the parties or their successors in interest. 3. The OWNER and TENANT agree, and will obtain, as a prerequisite to the issuance of an occupational license to TENANT by CITY, necessary written consents from adjoining commercial property owners for the guests, or business invitees, of OWNER and/or TENANT, to use such adjoining commercial offstreet parking facilities, in a sufficient number to comply with offstreet parking requirements of section 472, land development regulations, as presently written and as apply to the use of O"ER'S and / or its tenants, property as a restaurant within its current zoning designation as heavy commercial. 4. The failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve the OWNER of the necessity of complying with the existing law governing said permitting requirements, conditions, terms or restrictions and any matter or thing required to be done under existing ordinances of the CITY or regulations of any other government agency or other entity having legal authority over the PROPERTY. No such ordinance, law or regulation will otherwise be amended, modified or waived unless conduct constituting such modification, amendment or waiver is provided for herein and all necessary procedural steps are taken relative to the granting of such modification, amendment or waiver in accordance with terms of applicable CITY ordinances and State Statutes. The parties agree that the CITY's willingness to enter into this Agreement, for purposes of alleviating strict compliance of the offstreet parking requirements of the land development regulations, due to certain oversights in the issuance of the original building permit to OWNERS, and any other act in furtherance of this Agreement by the CITY, including the negotiations leading up to the execution of this Agreement, will not be used by the OWNER or its successors in interest in any way whatsoever as committing the CITY legally through theory of equitable estoppel or any other legal theory to the approval of such proposed development in the event that this Agreement is terminated or for any other reason does not take effect in all material respects. Page 2 of 5 6. It is further agreed by and between TENANT and CITY that the occupational license issued pursuant to the terms of this agreement shall not be assignable, transferrable or otherwise leave the name of current TENANT without express approval of CITY, and that the continued viability of such license is dependent upon OWNER and/or TENANT to maintain in effect for the life of this agreement, the required number of offstreet parking spaces with the adjoining commercial landowners. 7. This Agreement shall constitute a covenant running with the land for the duration hereof and shall be binding upon the OWNER and upon all persons deriving title by, through or under said OWNER and upon its tenants, assigns and successors in title. The Agreements contained herein shall benefit and limit all present and future owners of the PROPERTY and the CITY for the term hereof. 8. It is contemplated, but not a condition of, or part of this agreement, that the property of OWNER may be changed from a heavy commercial zoning designation, to that of Central Business District designation, which could materially alter the number of offstreet parking spaces required for OWNER'S use of this property, and the necessity for this parking agreement. Approval of such zoning change however is dependent upon application therefore, and approval by CITY staff; which approval is not guaranteed, and only mentioned to clarify this agreement and to further state that such a zoning change would constitute one method to cause the termination of this agreement between the parties. 9. This Agreement constitutes the entire Agreement and understanding between the parties and no modification hereof shall be made except by written Agreement executed with the same formality of this Agreement. The parties acknowledge that there is another outstanding agreement between the parties to accommodate the use of the property by OWNER and/or TENANT, which is a letter of understanding to use the CITY alleyway to the South of the property for access to the paved parking lot of OWNER. Except as is otherwise specifically provided herein the PROPERTY shall be subject to the laws, ordinances and regulations of The City of Okeechobee, Florida, as they exist as of the date of this Agreement. IN WITNESS WHEREOF, the parties have hereto set their hands and seals the day and year first above written. Signed, sealed and delivered in the presence of. CHRIS NEWMAN, Owner GAIL NEWMAN, Owner GEORGIA PERRINE, Tenant d/b/a PERRINE CUISINE Page 3 of 5 Signed, sealed and delivered in the presence of. Witness Name Printed: Witness Name Printed: 1. APPROVED AS TO FORM AND CORRECTNESS: JOHN COOK, CITY ATTORNEY THE CITY OF OKEECHOBEE A political subdivision of the State of Florida BY: Mayor DATE: STATE OF FLORIDA COUNTY OF OKEECHOBEE BEFORE ME, personally appeared, CHRIS & GAIL NEWMAN, to me well known/produced the following identification: known to me to be the persons described in and who executed the foregoing instrument, and acknowledged to and before me that he executed said instrument for the purposes therein expressed. WITNESS my hand and official seal this day of 2003 Notary Public My Commission Expires Commission Number: STATE OF FLORIDA COUNTY OF OKEECHOBEE BEFORE ME, personally appeared GEORGIA PERRINE, to me well known/produced the following identification: , known to me to be the persons described in and who executed the foregoing instrument, and acknowledged to and before me that they executed the foregoing for the purposes stated therein. STATE OF FLORIDA COUNTY OF OKEECHOBEE Notary Public My Commission Expires: Commission Number: Page 4 of 5 BEFORE ME, personally appeared Mayor ofTHE CITY OF OKEECHOBEE, to me well known/produced a drivers license and know to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that he executed said instrument for the purposes therein expressed. WITNESS my hand and official seal this_ day of 2003. Notary Public My Commission Expires Commission Number: Page 5 of 5 LETTER OF UNDERSTANDING THIS AGREEMENT, BY AND BETWEEN THE CITY OF OKEECHOBEE, FLORIDA, a Florida Municipal corporation (hereinafter " CITY") and Christopher W. and Gail M. Newman (hereinafter 11OWNER(S)", dated this day of -, 2003. WHEREAS, OWNER (S) hold fee simple title to the following described real property in Okeechobee County, Florida, to wit: Lots 3,4, 5, 6, Block 153, City of Okeechobee, as recorded in Book 251, Page 590, Public Records of Okeechobee County, Florida; and WHEREAS, the OWNER(S) gain access to the rear parking lot of their premises by use of the alleyway described above, which is not permitted under the provisions of section 465(2) of the land development regulations of CITY; and WHEREAS, this property owned by OWNER(S), and the site plan therefore, was previously permitted by CITY, and in fairness to OWNER(S) the CITY agrees pursuant to the terms of this agreement that OWNER(S) may be provided ingress and egress from their described properties by use of this alleyway; and WHEREAS the owners and city mutually agree to the covenants herein for these mutual considerations; NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties agree as follows: The CITY hereby grants its approval for use of the alleyway to owners, their tenants, guests or business invitees, with the understanding the OWNER(S) will not obstruct the alley and should it ever become necessary to remove any improvement thereon installed by owners, in order to allow either the installation, or maintenance of water, sewer, or other utility lines or any other type of installation or construction, or for any other reason chosen by the CITY, any improvement thereon, will be removed by the OWNER(S) or their agents and/or assigns at the OWNER(S) expense within seven days of receipt of written request by the CITY for such removal. Should the CITY, for valid reasons, require the removal of any improvements thereon less than seven days notice, the OWNER(S) agrees to exercise reasonable efforts to comply with such requests. OWNER(S) agree that while they would not be liable or considered an insurer for the use of the alley by the general public, that OWNER(S) could incur liability, as well as the CITY by virtue of ownership of same, arising out of alleged injuries or other activities which may occur within the alleyway due to the negligence, if any, of OWNER(S). In such event, OWNER(S) agree and shall hold the CITY harmless for any and all action, suit, claim, injury or cause of action of any nature arising out of this permissive use of the alley by OWNER(S), their tenants, guests or business invites, arising out of the negligent act(s) of OWNER(S) in their use or maintenance of the alley, and indemnify CITY for such, including costs and attorney fees. 3. That the OWNER(S) agree that the covenants herein shall bind themselves, their heirs and assigns, and said covenants shall run with the land. 4. The City Clerk shall cause this agreement to be recorded in the public records of Okeechobee County, Florida. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the aforesaid date. Page 1 of 2 Signed, sealed and delivered in presence of: Christogher W. Newman Signature Gail M. Newman Signature Accepted for the City: Donnie Robertson, Public Works Director Reviewed for Legal Sufficiency: John R. Cook, City Attorney Page 2 of 2 Witness Witness Witness Witness Lane Gamiotea, City Clerk -411 L STATE FARM INSURANCE 204 NE 3RDAvenue Okeechobee, Florida 34972 (863) 763-5561 March 19, 2003 To Whom It May Concern: This letter is in regards to parking at State Farm Insurance located at 204 NE 3RD Ave., Okeechobee, FL 34972. Perrine Cuisine, located at 202 NE 2ND Street, Suite #10, Okeechobee, FL 34972 has our permission to use our parking lot as an overflow parking facility if needed. To assist an upcoming business in Okeechobee is our pleasure. If you have any questions, please do not hesitate to call. Sincerely, Gretchen Robertson State Farm Agent Sworn and prescribed by me this 19th day of March 2003. NOTARY My commission expires OFFO& WTMY F-k WTMY MUC, STAU OF WAU COMMON W. CC%4= MY COMMINO EV. OGTOW 17,2004_ F1 STATE FARM INSURANCE 204 NE 3RDAvenue Okeechobee, Florida 34972 (863) 763-5561 March 19, 2003 To Whom It May Concern: This letter is in regards to parking at State Farm Insurance located at 204 NIE 3RD Ave., Okeechobee, FL 34972. Perrine Cuisine, located at 202 NE 2ND Street, Suite #10, Okeechobee, FL 34972 has our permission to use our parking lot as an overflow parking facility if needed. To assist an upcoming business in Okeechobee is our pleasure. If you have any questions, please do not hesitate to call. Sincerely, Gretchen Robertson State Farm Agent Sworn and prescribed by me this 19'h day of March 2003. NOTARY My commission expires OMCK NOTW SEJ& J am NOTARY K", UATE OF RZ" comma" NO. ccnm W COMMUM EXP. OCTOBER 17, 200-4 Bass Okeechobee Funeral Home 205 N.E. 2 nd Street Okeechobee, Florida 34972 1-863-763-2111 March 19, 2003 To whom it may concern: This letter is in regards to parking at Bass Okeechobee Funeral Home located at 205 N.E. 2 "d Street, Okeechobee, Florida 34972. Perrine Cuisine, located at 202 N.E. 2 d Street, Suite #10, Okeechobee, Florida 34972 has the permission from Bass Funeral Home to use our parking lot as an overflow parking facility if needed. It is our pleasure to assist a new business in Okeechobee. If there are any questions please feel free to call us at anytime. Thank You, Victor A. Hankins L.F.D. Manager Sworn and prescribed by me this 1 9th day of March, 2003. NOTARY My commission expires July 28, 2003 N SAN U Signed, sealed and delivered in presence of- Christor)her W. Newman Witness Signature Witness Gail M. Newman Witness Signature Witness Accepted for the City: Donnie Robertson, Public Works Director Lane Gamiotea, City Clerk Reviewed for Legal Sufficiency: John R. Cook, City Attorney Page 2 of 2 Bass Okeechobee Funeral Home 205 N.E. 2 d Street Okeechobee, Florida 34972 1-863-763-2111 March 19, 2003 To whom it may concern: This letter is in regards to parking at Bass Okeechobee Funeral Home located at 205 N.E. 2 d Street, Okeechobee, Florida 34972. Perrine Cuisine, located at 202 N.E. 2 d Street, Suite #10, Okeechobee, Florida 34972 has the permission from Bass Funeral. Home to use our parking lot as an overflow parking facility if needed. It is our pleasure to assist a new business in Okeechobee. If there are any questions please feel free to call us at anytime. Thank You, Victor A. Hanki ns L.F.D. Manager Sworn and prescribed by me this 1 91h day of March, 2003. NOTARY ��)- My commission expires July 28, 2003 SUSM Ll RUCX�T 4 E PIRES JUL 2A, 2IN-4 . 'kWARY 0 FIRST BANK OF INDIANTOWN Immittles';h ice 1960" April 1, 2003 To Whom it may concern. - Re: Perrine Cuisine 202 NE 2 nd Street, Ste. 10 Okeechobee,FL Dear Sirs: This is to confirm that we welcome this proposed new restaurant business to the area and wish them the best. We support and have no objection to their patrons use of the alley behind the bank building and their access to and from the parking behind the restaurant. If some of their overflow patrons should end up parking on our property during non banking hours, we will not object to nor oppose that use. Additionally, we will not object to occasional use of our parking during banking hours as long as it does not interfere with our customer's ability to park and access the bank. If you have any questions, feel free to call us at anytime. Yours truly, Richard E. M6yer Executive Vice President Senior Loan Officer E'QUAL HOUSIING UNDER - MEMBER FDIC I tjMl I 3001 SWIMartin i�oulevjrd - F0 Box 545 OKEECHOBEE M111 15588 S91 Warfield Bouleyard - P0. Box 365 205 East North Park Street Indiwilown, Florida 34956 Phone: (561) 28", o,;O, I 1-� (560 287-3578 OkeeLhobee, Florida 34972 Viivae: (561) 597-R81 - Fu: (561) 597-4159 - WPB: (561) 655.5270 Phone: (863) 357-6880 - Fax: (863) 357-4720 TO: CITY OF OKEECHOBEE MEMORANDUM Mayor and City Council DATE: March 26, 2003 SUBJECT: Status Report FROM: Bill L. Veach, City Administrator Below is a brief summary of past and upcoming events. ADMINISTRATION I GRIT — Attorney Hellinger has resubmitted a notice of pending matters to the court regarding the venue issue. As yet, no decision has been reached. We have been contacted by the bankruptcy Trustee's counsel to arrange a meeting to discuss a global settlement. John Cook, Steve Robbins and the City Administrator will meet with the Trustee's representatives at 10:00 a.m. on April 17th. Attorney Cook will update the City Council on this proceeding and the case in executive session at the April 15'h meeting. Bettye Taylor continues to experience issues with her back and has been evaluated to determine proper treabnent. This evaluation began on January 8th and was concluded on February e. Her doctor recommended surgery, however, Bettye is reluctant to have additional surgery at this time. Fire Station Project — 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 Works Director, Fire Chiefand 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 next hurdle is imposed by EDTF and that is to begin vertical construction in April. We have begun plans to construct a small building, which will constitute vertical construction, a requirement of the EDTF grant. We will bring this proposal before the City Council at the April I A meeting. ADMINISTRATION CONTINUED Flagler Parks/Downtown —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 fiinded by Spring. FINANCE The results of our annual audit will be presented to the City Council on April 1'. There appear to be no signfficant findings. Staff is addressing all recomrnendations by the auditor. Lola is in the process of soliciting quotes from potential consultants related to bringing the City into GASB 34 compliance. It does not appear as though this expenditure will exceed the $7,500 threshold that would require it to be addressed by the City Council. Insurance — Lola Parker is preparing the renewal application that our workers compensation, liability and property insurance pool provider (PRM) has requested. This is an annual procedure. We are being told to anticipate rate increases as high as 35%. Lola is currently preparing an RFP on our health insurance. This should go out in April and come before the City Council on June 17'h. The City Administrator attended a presentation by a state economist on March 17"' in Sebring. The overall message that was conveyed is that the Federal Government has (since 2001) and is currently experiencing significant budget shortfall, as has/is the State. He cautioned that if local governments had not experienced a significant budget crunch as yet, they should expect one, as funding from higher sources of government, as well as sales tax, gas tax, etc. projections were showing a downward spiral. As yet, the City has not experienced this crunch. However, we are seeing a lag in State payments of tax revenues. I will be sharing the economists concerns and projections with the department heads as we address budget preparations this year. I will convey to them, as well as to the City Council, all indications are this should be a "belt tightening" year- -4�1 CLERK The newly revised code books are being shipped Wednesday, March 26. The Clerk will deliver one to each of you as soon as they are ready to be distributed. POLICE Tonuny Raulerson reports that he has commitments for all the cars we will be selling next year. PUBLIC WORKS Donnie Robertson is working on permitting issues with SFWMD, DEP, etc. related to the e Street Boat Ramp, He anticipates this will take a couple of months. Donnie is also in discussions with DOT on how they would like to handle the status (open or closed) of SW 12'h Avenue @ SR 70. Donnie Robertson is looking for an evergreen tree to plant in City Hall Park, which will become our permanent Christmas tree. CITY ATTORNEY The following are included in the items I have asked Attorney Cook to address. I . Procurement of the Billy Mason property. 2. Noise/breach of peace/animal ordinance. 3. LDR issues such as non -conforming structures, building site elevations, visibility triangles and street cut/right-of-way resolution. 4. Pension Ordinance language (City Council item for June 3 rd). 5. Hamrick Trust — John is attempting to locate and secure a research firm that is well versed in reversionary issues. 6. City/County contractor licensing agreement — this proposed language is currently being reviewed by the County Attorney. 7. GRIT issues. 8. Adelphia Contract. 9. Marvin Brantley's continuing situation.