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2003-09-16 RegularCITY OF OKEECHOBEE SEPTEMBER 16, 2003 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION 1. CALL TO ORDER - Mayor: September 16, 2003, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Elma Hampton, Christian 7h Day Baptist; Pledge of Allegiance led by Mayor. 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. Watford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea IV. MINUTES - City Clerk. Mayor Kirk called the September 16, 2003 Regular City Council Meeting to order at 6:00 p.m. The Invocation was offered by Pastor Hampton of the Christian 7t, Day Baptist; Mayor Kirk led the Pledge of Allegiance. City Clerk Gamiotea called the roll: Present Absent (out of town) Present Present Present Present Present Present PAGE I OF 4 A. Motion to dispense with the reading and approve the Summary of Council Member Markham moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the September 8, 2003 First Budget Public Hearing September 8, 2003 First Budget Public Hearing and the September 8, 2003 Regular Meeting; seconded by Council and the September 8, 2003 Regular Meeting. I Member Williams. There was no discussion on this item. VOTE KIRK - YEA CHANDLER - ABSENT MARKHAM -YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 622 SEPTEMBER 16, 2003 - REGULAR MEETING - PAGE 3 OF 4 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 1. c) City Attorney to read proposed Ordinance No. 835 by title only. Attorney Cook read proposed Ordinance No. 835 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM INDUSTRIAL (IND) ZONING DISTRICTTO CENTRAL BUSINESS (CBD) ZONINGDISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, I PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Motion to adopt Ordinance No. 835. 11 Council Member Markham moved to adopt proposed Ordinance No. 835; seconded by Council Member Williams. b) Public Comments. M Mayor Kirk asked whether there were any questions or comments from the public. There were none. This ordinance pertains to Rezoning Application No. 03-006-R submitted by Tom Conely on behalf of the property owner, Los Dos Compadres, Inc. The request is to change the zoning from Industrial to Commercial Central Business District on unplatted parcels of land (Parcel ID No. 2-21-37-35-OAOO-0000 1, 2-21-37-35-OAOO-OOOOB and 2-21-37-35- OAOO-00004-0000) comprising of approximately 0.9733 acres and located at 702 Southwest 2dStreet. Planning Staff report reflects that the rezoning request is not contrary to Comprehensive Plan requirements. It will not have an adverse effect on public interest. Is appropriate for the location, compatible with adjacent land uses, immediately to the North is a retail furniture store. To the South is Industrial with a Gas Company. Toward the East is a vacant lot with Commercial Central Business District designation and to the West is Industrial with an automotive center. It is not contrary or detrimental to urbanizing land uses pattern. Will not adversely affect property values or living conditions or be a deterrent to the improvement or development of adjacent property. It can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. Based on these findings, Planning Staff is recommending approval as well as the Planning Board. The application was considered at their August 26, 2003 meeting. Council recently approved a Comprehensive Plan Future Land Use Small Scale Map Amendment for this property from Industrial to Commercial. Should this rezoning be approved, both maps will be consistent. Council Member Watford noted this proposal was discussed several times between the Future Land Use Map amendment and the first reading. The rezoning makes good sense. Mentioned at the last meeting, the use, whatever it might be has to comply with all regulations that are in place today in order for an occupational license to be issued at the location. V. WARRANT REGISTER - City Administrator. A. Motion to approve the August 2003 Warrant Register: General Fund ............................. $254,948.26 Capital Improvement Projects Fund (Building) ....... $657-11 Capital Improvement Projects Fund (Vehicles) .... $21,055.35 Industrial Development Fund .................. $25,333.76 VI. AGENDA - Mayor. SEPTEMBER 16,2003 - REGULAR MEETING - PAGE 2 OF 4 Council Member Watford moved to approve the August 2003 Warrant Register in the amounts of: General Fund - two hundred fifty-four thousand, nine hundred forty-eight dollars and twenty-six cents ($254,948.26); Capital Improvement Projects Fund (Building) - six hundred fifty-seven dollars and eleven cents ($657.11); Capital Improvement Projects Fund (Vehicles) - twenty-one thousand, fifty-five dollars and thirty-five cents ($21,055.35); Industrial Development Fund - twenty-five thousand, three hundred thirty-three dollars and seventy-six cents ($25,333.76); seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA CHANDLER - ABSENT MARKHAM -YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. New Business item "A" was added by Council Member Williams. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. MAYOR KIRK OPENED THE PUBLIC HEARING FOR FINAL CONSIDERATION OF ORDINANCE ADOPTION AT 1 6:05 P.M. A. 1. a) Motion to adopt proposed Ordinance No. 835 pertaining to Council Member Watford moved to read by title only proposed Ordinance No. 835 pertaining to Rezoning Petition Rezoning Petition No. 03-006-R submitted by Tom Conely - City No. 03-006-R submitted by Tom Conely; seconded by Council Member Williams. Attorney (Exhibitl). I b) Public Comments. VOTE KIRK - YEA CHANDLER - ABSENT MARKHAM -YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 621 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. ADDED ITEM: Vill. NEW BUSINESS. A. Discuss the Pension Plans - Council Member Williams. IX. 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, helshe may need to insure that a verbatim record of the proceeding is made, wh�cti record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes an- for the sole purpose of backup for official records of the Clerk.. ATTEST: - Lane Gar�ioteal C4�Clerk. (4L - James E. Kirk, Mayor z/ SEPTEMBER 16,2003 - REGULAR MEETING - PAGE 4 OF 4 623 VOTE KIRK - YEA CHANDLER - ABSENT MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:08 P.M. Council Member Williams asked the status of the Employee Pension Plans regarding the amount of interest one is paid when they resign before normal retirement and withdraw their funds. Pension Attorney Christiansen was directed by the Council, at the July 15, 2003 meeting, to discuss the interest rate with the Board of Trustee's. The matter was not discussed at their last meeting. The Council instructed Administrator Veach to contactAftorney Christiansen and have this matter before them at the next meeting (October 7, 2003) for consideration. There being no further items on the agenda, Mayor Kirk adjourned the September 16, 2003 meet at 6:17 p.m. The next City Council Meeting is the Final Budget Hearing scheduled for Friday, September 19, 2003. PAGE -1 CITY OF OKEECHOBEE -SEPTEMBER 16,2003 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: 2003,,,City Council Regular Meetin_q, 6:00 p.m. Il. OPENING CEREMONIES: Invocation given by Elma Hagipton, Christian 7" Dav BaDtist. Pledge of 0legiance led by Mayor. 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. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea IV. MINUTES - City Clerk. PT" Absen A. Council Member moved to dispense with the reading and approve the Summary of Council Action for the September 8, 2003 First BudgeLPublic Hearing and the September 8, 2003 Regular Meeting; seconded by Council Member C.uk--' VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER & MARKHAM WATFORD WILLIAMS MOTION q��R71ED"- DENIED V. WARRANT REGISTER - City Administrator. Council Member N,\—) moved to approve the August 2003 Warrant Register in the amounts of: General Fund, two hundred fifty-four thousand, nine hundred forty-eight dollars and twenty-six ($254,948.26), Capital Improvement Projects Fund (Building), six hundred fifty-seven dollars and eleven centk($657.1 1), Capital Improvement Projects Fund (Vehicles), twenty-one thousand, fifty-five dollars and thirty-five cents, Industrial Development Fund, twenty-five thousand, three hundred thirty-three dollars and seventy-six cents ($25,333.76); seconded by Council Member EW) Q_ M C"A I Gq- V1. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR RESOLUTION ADOPTION - Mayor at .. L. (_ , ) P. m. r Tu-osk �ac� PAGE -2- A. 1. a) Council Member moved to adopt �r� Ordinance No. 835 pertaining to Rezoning Petition No. 03�-006-R submitted by Tom Conely - City Attorney (Exhibitl); seconded by Council Member 0,LU b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK V-� CHANDLER MARKHAM WATFORD WILLIAMS MOTION L1-- KARRIE� - DENIED V-- c) Attorney Cook read proposed Ordinance No. 835 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM INDUSTRIAL (IND) ZONING DISTRICT TO CENTRAL BUSINESS (CBD) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2.a) Counci� Member LT moved to adopt Ordinance No. 835; seconded by Council Member b) Public Comments. c) Vote on motion. VOTE YEA- NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION CARRIED - DENIED V, M;WMGjI0TWJC AFFIDAVIT, OF PUB&HER OKEM40BEE TMMS C�Cll icw.of oiw�iaj� nod in Resubt on TwoodAffy, 16, U.J1 411 35, 106 S.E. 5th St., Okeechobee, FL 34974 Ron 20D, Floddik" t Pwww;� (863) 763-7283 11�3) 3372X212, PLEASE TAXE N071C A?4P BE Published Weekly ,ADVISED that if any penon any decialm snale by t1W STATE OF FLORIDA �Ilftnmp , Id to orw waft 4 tom` COUNTY OF OKEECHOBEE: , m1a, iniff"ted 0:= � nobd a' vl�r!!tk�fthe prooeedbw UA fi such,vX-', ppoelpay need to ermue a verbOlim reooFd 6t do Wooeo&ngs is nude. w" r000td fiv.'. Before the undersigned authority personally appeared J.W. dodo tho,togtimcw� WA "WeAcal Which =1. Owens who on oath says that he is publisher of the Okeechobee Times, the a the P!�:�cbose& TV. a newspaper published weekly at Okeechobee in Okeechobee, Florida: Office. In acconlance with the Ammicons *A Disabilities Act (ADA) and FImMa Stotote that the attached copy of advertisement, 286.26. persons with &ob"m Asedins 4pe. cial occonvoodation to porticipati in this p- beinga 121-Ig''CU0110: l2atuu66 ding shouM contact Love Garniotea. no Imer then two (2) woftj &ys pfior to the in the matter of CITY CODE ENFORCEMENT BOARD MEETING Nocculing at 863-763-3372 x 21,k if you am homing or voice imptiFed, coll TDD 1-800- CITY OF OKEECHOBEE 222-3448 (voice) ot 1488-447-5620 (rff� 55 SE THIRD AVENUE br. LANE GANJOT" Chy Clwk PUBLISH 09/1 MM OKEEMOBU TIMIES OKEECHOBEE, FL 34974-2932 ---- -------- - --- ------- - 941-763-3372 In the Court, was published in said newspaper in the issues of .11 11.�2003 A- 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 mail matter at the post office in Okeechobee, 19 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, (Publi4ber) Sworn to and subscribed before me this -�a of A.D. 2003 �JRY Pt, OFFICIA,7LNOTAFAYSM (SEAL) Notary Public '9 LE Cy RMFALFF A BA A COMMISSIO)N NUMBER N CC 940770 e MY COMMISSION F.)PASS OF fk- . . ; -it 1KIC 04 qn0A CV f\.) 1. II. CITY OF OKEECHOBEE SEPTEMBER 16, 2003 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA CALL TO ORDER - Mayor: September 16, 2003, City Council Regular Meeting, 6:00 p.m.. OPENING CEREMONIES: Invocation given by Elma Hampton, Christian 7th Day Baptist. Pledge of Allegiance led by Mayor. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea IV. MINUTES - City Clerk. Ind V. A. Motion to dispense with the reading and approve the Summary of Council Action for the September 8, 2003 First Budget Public Hearing and the September 8, 2003 Regular Meeting. WARRANT REGISTER - City Administrator. A. Motion to approve the August 2003 Warrant Register. General Fund $254,948.26 Capital Improvement Projects Fund (Building) 657.11 Capital Improvement Projects Fund (Vehicles) 21,055.35 Industrial Development Fund 25,333.76 PAGE 1 OF 2 SEPTEMBER 16,2003 - CITY COUNCIL AGENDA - PAGE 2 OF 2 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.La) Motion to adopt proposed Ordinance No. 835 pertaining to Rezoning Petition No. 03-006-R submitted by Tom Conely - City Attorney (Exhibit 1). b) Vote on motion to read by title only. C) City Attorney to read proposed Ordinance No. 835. 2.a) Motion to adopt Ordinance No. 835. b) Public Comments. C) Vote on motion. CLOSE PUBLIC HEARING. 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. ExHIBIT 1 — SEPTEMBER 16 AGENDA MEMORANDUM To: Mayor and Council From: Lane Gamiotea, City Clerk Subject: Ordinance No. 835/Rezoning No. 03-006-R Date: September 10, 2003 This is the final public hearing regardingOrdinance No. 836 to consider approving Rezoning Application No. 03-006-R. The application was submitted by Attorney Tom Conely on behalf of the property owner, Los Dos Compadres, Inc. The request is to change the zoning on three (3) unplatted parcels of land located at 702 Southwest 2nd Streetfrom Industrial to Commercial Central Business District. Please referto Code Book Section 90-312 for a list of permitted uses within a CBD zoning district. Please note that the Council approved a Future Land Use Map Amendment regarding this same property on July 15. If this amendment is approved, both maps will be consistent. All fee's have been paid. The ordinance was advertised in the Okeechobee News on September 5. The Planning Board discussed the application and voted unanimously to recommend approval. Planning Staff is also recommending approval. The General Services Department mailed seventeen courtesy notices to the surrounding property owners. To date, no one has responded for comment or questions. The property was posted on August 8 with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. Please do not hesitate to contact me should you require any additional information regarding this application. Thank you. 1� 114�F - - �___ 01 11 M 1, ORDINANCE NO. 835 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM INDUSTRIAL (IND) ZONING DISTRICT TO CENTRAL BUSINESS (CBD) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FORCONFLICTS, SEVERABILITYANDAN 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 (Petition No. 03-006-R) pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.9733 acre(s) from Industrial (IND) Zoning District to Central Business (CBD) 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: A parcel of land lying in and being a portion of Section 21, Township 37 South Range 35 East, described as Parcel Numbers 1, 2, 3, 4 and 5 of "Okeechobee Lands" in that certain Warranty Deed recorded in Official Records Book 373, Page 45, Public Records of Okeechobee County, Florida, and being more particularly described as follows: Commencing at the intersection of the southerly right-of-way line of South Park Street according to the plat of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, and the easterly right-of-way line of F.E.C.'s former East Team Track No. 5; thence S 07*08'27" E, along a line parallel to and 20 feet east of said former East Team Track No. 5 for 115.45 feet to the Point of Beginning, also being the northeast corner of Parcel No. 1 of said "Okeechobee Lands;" thence S 89*49'42" E along the north line of Parcels 1 2, 3, 4 and 5 of said "Okeechobee Lands" for 196.5 feet to a nail set with disc in a concrete building corner; thence S 00*1018" W along an east line of said Parcel 5 for 15.00 feet; thence S 89*49'42" E along a north line of said Parcel No. 5 for 41.75 feet to the northeast corner of said Parcel No. 5; thence S 00*02'19" E along the east line of said Parcel No. 5 for 169.05 feet to the intersection with the north right-of-way of SW Second Street, extended west, (formerly known as Seventh Street) according to said plat of Okeechobee, also being the southeast corner of said Parcel No. 5; thence S 89*54'07" W along said extended north right-of-way of SW Second Street, also being the south line of Parcel Numbers 5, 4, 3, 2, and 1 of said "Okeechobee Lands", for 215.29 feet to the southwest corner of said Parcel Page 1 of 3 .1 No. 1; thence N 07*05'27" W along a line 20 feet east of and parallel to the centerline of said former East Track No. 5 also being the west line of said Parcel No. 1 for 186.59 feet to the Point of Beginning. r-ITIT. A parcel of land lying in and being a portion of Section 21, Township 37 South, Range 35 East, described as Parcel B in said Warranty Deed recorded in Official Records Book 373, Page 45, and being more particularly described as follows; Beginning at the intersection of a line 10 feet westerly from and parallel to the centerline of the F.E.C.'s former East Team Track No. 5 and a line 10 feet easterly from and parallel to the centerline of the main track of the F.E.C. Railway; thence S 00*02'03" W along a line 10 feet east from and parallel to the centerline of said main track for 226.78 feet to the intersection with the north right-of-way line of SW Second Street (formerly Seventh Street) according to the plat of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida; thence N 89*54'07" E along said extended north right-of-way line for 28.42 feet to the intersection with a line 10 feet west of and parallel to the centerline of said former East Team Track No.5; thence N 07*06'39" W along a line 10 feet west of and parallel to the centerline of said former East Team Track No. 5 for 228.49 feet to the Point of Beginning. SECTION 2. ZONING MAP AMENDMENT That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflectthe subject property zoning classification to be changed from Industrial (IND) Zoning District to Central Business (CBD) 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. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 81h of September, 2003. ATTEST: Lane Gamiotea, City Clerk James E. Kirk, Mayor Page 2 of 3 I PASSED AND ADOPTED after Second and Final Public Hearing this I 61h day of September, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 3 of 3 M di w 40 1 R'� 0=0 a 0 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 0 a L I Staff Report Applicant: Tom W. Conely Rezoning Request Petition No. 03-006-R lGeneral information Petition Number: Owner: Owner Address: Applicant: Applicant Address Applicant Phone Number: 03-006-R Los Dos Compadres, Inc. 650 NW 98th Street Okeechobee, FL 34972 Tom W. Conely III P.O. Box 1367 Okeechobee, FL 34973-1367 863-763-3825 Property Control Number Existing Proposed 2-22-37-35-OAOO-00001- 0000;BOOO;00004-0000 Future Land Use Designation Commercial Commercial Zoning District Industrial (E*;D) Central Business (CBD) Acreage 0.9733 0.9733 Density N/A N/A Access S.W. 7t" Avenue KV. 75—Avenue Location: 702 SW Second Street Legal Description: A parcel of land lying in and being a portion of Section 2 1, Township 37 South Range 35 East, described as Parcel Numbers 1, 2, 3, 4 and 5 of "Okeechobee Lands" in that certain Warranty Deed recorded in Official Records Book 373, Page 45, Public Records of Okeechobee County, Florida, and being more particularly described as follows: Commencing at the intersection of the southerly right-of-way line of South Park Street according to the plat of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, and the easterly right-of-way line of F.E.C.'s former East Team Track No. 5; thence S 07'08'27" E, along a line parallel to and 20 feet east of said former East Team Track No. 5 for 115.45 feet to the Point of Beginning, also being the northeast comer of Parcel No. 1 of said "Okeechobee Lands;" thence S 89'49'42" E along the north line of Parcels 1 2, 3, 4 and 5 of said "Okeechobee Lands" for 196.5 feet to a nail set with disc in a concrete building comer; thence S 00'10'18" W along an east line of said Parcel 5 for 15.00 feet; thence S 89'49'42" E along a north line of said Parcel No. 5 for 41.75 feet to the northeast comer of said Parcel No. 5; thence S 00'02'19" E along the east line of said Parcel No. 5 for 169.05 feet to the intersection with the north right-of-way of SW Second Street, extended west, (formerly known as Seventh Street) according to said plat of Okeechobee, also being the southeast comer of said Parcel No. 5; thence S 89'54'07" W along said extended north right-of-way of SW Second Street, also being the south line of Parcel Numbers 5, 4, 3, 2, and I of said "Okeechobee Lands", for 215.29 feet to the southwest comer of said Parcel No. 1; thence N 07'05'27" W along a line 20 t Staff Report Rezoning Request Applicant: Tom W. Conely Petition No. 03-006-R feet east of and parallel to the centerline of said former East Track No. 5 also being the west line of said Parcel No. 1 for 186.59 feet to the Point of Beginning. And A parcel of land lying in and being a portion of Section 2 1, Township 37 South, Range 35 East, described as Parcel B in said Warranty Deed recorded in Official Records Book 373, Page 45, and being more particularly described as follows; Beginning at the intersection of a line 10 feet westerly from and parallel to the centerline of the F.E.C.'s former East Team Track No. 5 and a line 10 feet easterly from and parallel to the centerline of the main track of the F.E.C. Railway; thence S 00'02'03" W along a line 10 feet east from and parallel to the centerline of said main track for 226.78 feet to the intersection with the north right-of-way line of SW Second Street (formerly Seventh Street) according to the plat of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida; thence N 89'54'07" E along said extended north right-of-way line for 28.42 feet to the intersection with a line 10 feet west of and parallel to the centerline of said former East Team Track No.5; thence N 07'06'39" W along a line 10 feet west of and parallel to the centerline of said former East Team Track No. 5 for 228.49 feet to the Point of Beginning. I Request: The applicant is requesting a Central Business Zoning classification for this property. It was recently changed from Industrial to Commercial Future Land Use category. This Zoning District is compatible with the Commercial Future Land Use category. 2 Staff Report Applicant: Tom W. Conely Rezoning Request Petition No. 03-006-R Adjacent Future Land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification: Zoning District: Existing Land Use: East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use: Analysis Commercial Central Business Morgan Furniture (The bldgs appear to be attached) Commercial Central Business East of 7 th Ave. Vacant Industrial Industrial Alley then Ferrell Gas Co. Single -Family Residential Industrial Vacant strip and Auto Works west of that area 1. The proposed zoning is not contrary to Comprehensive Plan requirements. This property could be served by being a Central Business Zoning District and that District is compatible with the City's Comprehensive Plan. 2. The proposed zoning will not have an adverse effect on the public interest. Central Business Zoning and proper development under that District will not have an adverse impact on the public interest. 1L Staff Report Applicant: Tom W. Conely Rezoning Request , Petition No. 03-006-R The zoning request is appropriate for the location proposed, uses in this District are reasonably compatible with adjacent land uses, and the Zoning District is not contrary or detrimental to urbanizing land use patterns. The zoning request if approved would allow uses compatible with the retail furniture store immediately to the North and the Gas Company to the South 4. ne proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The Commercial Business District will help to contribute to positive development within the neighborhood. 5. The proposed use can be suitably bufferedfrom surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. Uses within this Zoning District can be buffered from other surrounding uses through Site Plan approval. 6. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. N/A The zoning request is recommended to be approved as the Central Business District is compatible with the Commercial Future Land Use category. This, however, is not an approval for the prior existing non -conforming dancehall, social club use that previously existed in this location. Attachments Attachments to this Staff Report include the Zoning Atlas map indicating the location of the subject property. Recommendation Based on the above criteria being met, the request should be approved as it is consistent with the Comprehensive Plan and Land Development Regulations in force at time of application. Submitted by: James G. LaRue, AICP August 15, 2003 EI Date: -T Petition N�— City of Okeechobee General Services Department Fee Paid: 0 101 Ist I 2nd Hearing. 55 S.E. 3rd Avenue, Room 101 IstHearing: Okeechobee, Florida 34974-2903 Publication Dates: -2, Phone: (863) 763-3372, ext. 217 Fax: (863) 763-1686 Wntir s?vlaile+ -7-0 Uniform Land Use Application Rezone - Special Exception - Van�ance V Name of property owner(s): LOS DOS COMPADRES, INC. A Owner mailing address: 650 N.W. 98th Street, Okeechobee, 'Florida 34972 P NELY, III (Attorney) P Name of applicant(s) if other than owner (state relationship): TO W. CO L [I Applicant mailing address: P. 0. Drawer 1367, -Okeechobee, Florida 34973 C. - A Name of contact person (state relationship): Same as above N. —3825 Fax: (863) 763-6856 T T I Contact person daytimephone(s): (863Y 763 V Property address / directions to property: 702 S.W. 2nd Street (Behind Morj�an's Furniture) Indicate current use of Property: Commercian Indoor/Recreation Describe improvements on property, including numberitype of dwellings and whether occupied (if n6ne, so state 1 larie CBS Building Approximate number of acres: 0. 9 733 is property in a platted subdivision7".qo—slirTounded by Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: P None cited 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 applicants name: No E R Is a sale subject to this application being granted? Yes T Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: y Yes Describe adjoining land uses/ improvements to the North: Commercial South: Indus trial/Commerc ial East: Vacant /Commercial West: Commercial Existing zoningy: Industrial Future Land Use classification: Commercial Actions Requested: (X2 Rezone Special Exception Variance Parcel Identification Number: 2-0-37-35—OAOO-0000 1-0000;BOOO; 00004-0000 Confirmation of Information Accuracy use by I hereby certify that the information in this application is correct. The information included in this application is for Ise or misleading information may be punishable by a fine of UP to the City of Okeechobee in processing my request. Fa 7 ary denial of this application. $500.00 and imprisonment of up to 30 ays and may result in the summ Tom W. Conely, III Date Printed Name 2 Land Use Application (rey. 1103) V page I of 2 classification: Industrial Requested zonino c!assification rentral Bus�ness Current zoning R What is your desired permitted use under the proposed classification: Z Commercial Indoor Recreation 0 If zrante , w 11 the new zone be conti-guous with a like zone? N. - Yes No Is a Special xception necessary for your [ntended use? No Variance? Describe Variance sought: V A R Describe physical characteristic Of PrOPe,—,Y that makes variance necessw-;: I A N to the characteristic? Is so, describe: 1C Uld you cause or contribute E What is the minimum variance necessary? T'rifn= T-and Use Aot)iication (rv,,. I/O-J) page 2 of 2 APPLICATION TO REZONE PROPERTY LOS DOS COMPADRES, INC. INFORMATION I - PROOF OF INTEREST IN PROPERTY 1. The property is owned by Los Dos Compadres, Inc. Tom W. Conely, III, has signed the application as attorney for the owner. 2. A copy of the Warranty Deed conveying title to Los Dos Compadres, Inc., recorded in Official Records Book 373, Page 45, public records of Okeechobee County, Florida, is a part of the application. 3. Consent of Owner - N/A 4. Corporate entity authorization - N/A INFORMATION 2 - PROPERTY SURVEY AND LOCATION NIAP Is a part of the application. INFORMATION 3 - PROPERTY OWNER'S LIST Is a part of the application. INFORMATION 4 - STATEMENT OF USE 1. Special Reasons/Basis for Request. The owner has been using the property for dances, public gatherings, parties, social events, etc., ever since acquiring it in December, rmed 1995. Recently, after executing a contract to sell the property, the owner was info that this use was not proper because the property was zoned for industrial use. The owner was further informed that if the property was sold and conveyed to a new owner the present use must be discontinued. 2. Intended Use. The owner and proposed purchaser intend to continue to use the property for dances, public gatherings, parties, social events, as it has been used in the past 8 years. 3. E�dsting Use of Surrounding Property. 4:� North - Commercial (Morgan's Furniture) F East - Vacant, Commercial South - Industrial, Commercial West - Vacant, Commercial 4. N/A -3 ?.-cE -15 K C -1k �.rlf Ci�.j PL—i LD m�� 2 - 2 1 - 3 7 - 3 5 - OAO 0 - 0 0 0 0 1 - 0 0 C 0 11 TTM: Warranty Deed This Indenture, Made this 14th day of December , 1995 A 1) B-,ewcen JAMES A. MORGA.N and YVON'Nt D. MORGkN, his wife. .('r. C-.,y f OKEECHOBEE I s.. a Florida , grantors, —i LOS DOS COMPADRESf-INC-, a corporation existing under the laws of the state of FLORIDA .h...dd-1 i.: 650 N. W. 98TH STREET, OKEECHOBEE, Florida 349,72 "f he C.-Y .( OKEECHOBEE s...( Florida , grantee. Witnesseth th.. �� GRANTORS. (.-d in .. nf - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - TEN & N01100($10.00) - - - - - - - - - -- - - - - - - - 10-01-i.� RS U g-j nd -.0i. --l.w.n.. GRANTORS in hsnd p-1 b�y G;tA.(',EE. tt-C -C,elf i., herehy aCk-4edg1d, h-11 b-I.il-d -nd �Id I- O� --I GRANTEE nd CRANTEE'S -- .� -q. Me Wh-ns dl-N�11 1-1- 1'.�% -4 t-g n he C-Y "( OKEECHOBEEse- r Forida . -� sT:NG A ?A�RCZL OF LAND LY:NG A.N11) A P.kR-, OF SEC7ION 21 7OWNSH-�P 37 SOTJ`rt4, RA-NGE 35 EAST, 27-7NG MCFR-T --.kRr:Cr.7'LAP.LY ON THE Subject t-, restric-ions, reservatJcns and easennen�s of record, if any, and taxes subsecyuen�. to '1995. .� �e X� ...... j. -,, WHY --n. �,, ..I. ,. .� -n :.�. - ..- 1-, m .11 �-- -n--- I n Witness Whereof, U,. 1--, h- h.-- .1 h- h.�, nd .- -.1, ", ..d y- r.- I - Signed, scaled and dellv;ed in ou cc: jPri:nted arne: J MESA.MORGAN _ ;N;� as �-o Witness as t D. MORGAN tb- YV NN Witness to P 0 t- W.9 I S. 16TH STREET. OKEECIMMir. 1:1 STATE OF Floricia COL7M OF OKEECHOBEE The ramping ins—ni - ackno-ledgea before � I- 14th d.7 V December 1995 JAMES A. MORGAN and YVONNE D.MORGAN, his wire. '7 �"rida dri,er's I e 4" P—dy Ic nses k�. k 'ek"� This D�-el Pter-d BY: 6TA4*W.-O z SU= LD19COMB ; L-1 C— EXW- OKE&TANTM Trn-Z CC : *, J�29,11" im K.W. 6714 STVZET P'0. sox Iiii ft,ccAsins 40TARY ?UB'-!C LU LLI OKEMIOBEM FIL 34973 14Y C-nnn--n E�P- q� R4BIA LOS DOS CON11PADRES RECOMMENDED LEGAL DESCRIPTION A parcel of land lying in and being a portion of Section 21, Township 37 South Range 35 East, t�l 2=P described as Parcel Numbers 1, 2,3,4 and 5 of "Okeechobee Lands" in that certain Warranty Deed recorded in Official Records Book373, Page 45, Public Records of Okeechobee County, Florida, and being more particularly described as follows: Commencing at the intersection of the southerly right-of-way line of South Park Street according to the plat of OKEECHOBEE, as recorded in Plat Book 5, Page 5, Public Records t� z:1 of Okeechobee County, Florida, and the easterly right-of-way line of F.E.C.'s former East Team Track No. 5; thence S 07'08'27" E, along a line parallel to and 20 feet east of said former East Team Track No. 5 for 115.45 feet to the Point of Beginning, also being the 7M northeast corner of Parcel No. 1 of said "Okeechobee Lands;" thence S 89'49142" E along the Zn north line of Parcels 1, 2, 3, 4 and 5 of said "Okeechobee Lands" for 196.5 feet to a nail set with disc in a concrete building corner; thence S 00'10118" W along an east line of said Parcel 5 for 15-00 feet; thence S 89'49'42" E along a north line of said Parcel No. 5 for 41.75 feet to the northeast corner of said Parcel No. 5; thence S 00'02'19" E alono, the east line of said Parcel No. 5 for 169.05 feet to the intersection with the north right-of-way of SW Second Street, extended west, (formerly known as Seventh Street) according to said plat of OKEECHOBEE, also beinc, the southeast corner of said Parcel No. 5; thence S 89'54'07" W along said extended in IM north ri-ht-of-wav of SW Second Street, also being the south line of Parcel Numbers 5, 4, 3, M Z5 2. and I of said "Okeechobee Lands", for 215.29 feet to the southwest corner of said Parcel No. 1; thence N 07'05'27" W along a line 20 feet east of and parallel to the centerline of said former ZD East Track No. 5 also being the west line of said Parcel No. I for 186.59 feet to the Point of Beginning. And A parcel of land Ivinor in and being a portion of Section 21, Township 37 South, Rancle 35 East, - z' t' Z5 described as Parcel B in said Warranty Deed recorded in Official Records Book 373, Page 45, and being more particularly described as follows: Beginning at the intersection of a line 10 feetwesterly from and parallel to the centerline of the F.E.C.'s former East Team Track No. 5 and a line 10 feet easterly from and parallel to the centerline of the main track of the F.E.C. Railway; thence S 00'02103" W along a line 10 feet east from and parallel to the centerline of said main track for 226.78 feet to the intersection with the north ri, ' ,ht-of-way line of SW Second Street (formerly Seventh Street) according to the plat of OKEECHOBEE, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida; thence N 89'54'07" E along said extended north right-of-way line for 28.42 feet to the intersection with a line 10 feet west of and parallel to the centerline of said former East Team Track No. 5; thence N 01'06'39" W along a line 10 feet west of and parallel to the centerline of said former East Team Track No. 5 for 228.49 feet to the Point of Beginning. ME I F CITY OF OKEECHOBEE PLANNING BOARD AUGUST 26, 2003 SUMMARY OF BOARD ACTION AGENDA I. CALL TO ORDER - Chairman. Planning Board, August 26, 2003, 7:15 p.m. II. 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 Sandra Jones Alternate Teresa Sallette Attorney John R. Cook Secretary Carolyn Arnold Ill. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the July 22, 2003 regular meeting. 1 of 2 ACTION - DISCUSSION -VOTE IChairman Walker called the August 26, 2003 Planning Board meeting to order at 8:15 p.m. I Board Secretary Arnold called the roll: Present Present Present Present Present Present Present Present Absent (without consent) Present Present Board Member Ledferd moved to dispense with the reading and approve the Summary of Board Action for the July 22, 2003 regular meeting. Board Member Keller seconded the motion. VOTE CREECH - YEA HOOVER YEA KELLER - YEA LEDFERD - YEA MAVROIDES - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. AGENDA IV. NEW BUSINESS. A. Rezoning Petition No. 03-006-R. Consider a recommendation to the City Council to rezone 702 SW 2 d Street from Industrial (IND) to Central Business District (CBD). Los Dos Compadres, Inc. is the property owner. Tom W. Conely, III is the applicant. V. ADJOURNMENT - Chairman PLEASE TAKE NOTICE AND BE ADVISED that ifany person desires to appeal any decision made by the Planning Board 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 me for the sole purpose of backup for official records of the Department. Jerry Walker, Chairman ATTEST: Carolyn Arnold, Secretary August 26, 2003 - Planning—B-oard - Page 2 of 2 ACTION - DISCUSSION - VOTE Jim LaRue of LaRue Planning and Management Services, City Planning Consultant, described the request gave a brief background explaining that this property recently was approved to change the future land use of industrial to commercial. He further explained that this requested zoning change is compatible with the current future land use. Mr. LaRue stated this property would be best served by the Central Business District. He added that the Board is only approving the zoning and not a(O— specific use. Mr. LaRue further added that whatever has been there before or is planned in the future will be decided with whatever is compatible with the Land Development Regulations. Planning Staff recommends to the Planning Board to recommend to the City Council to grant approval of the zoning change from Industrial (IND) to the Central Business District (CBD) which is compatible with the future land use map and with the comprehensive plan. Board Member Keller moved to recommend to the City Council to approve Petition 03-006-R. request to change the existing zoning classification of Industrial to Central Business District-, seconded by Board Member Lefferd. VOTE CREECH - YEA HOOVER YEA KELLER - YEA LEDIFERD - YEA MAVROIDES - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. T The Okeechobee News 3 P.O. Box 639, Okeechobee, Florida 349 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE kT SEP Before the undersigned authority personally d . 4 Judy Kasten, who on oath says she is Publisher of the Ok News, a DAILY Newspaper published at Okeechobee, Okeechobee County, Florida; that the attached copy of adve ise_ ment, being a in the matter of C_ C1 f. I h an in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Sit Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn toVnd subscriVed before me this day)ov_QCQ�� A.D. 20 03 a , , NotAry Public, State of I'God"kIe" # res hin, 1 7� -()m A a'F* Ila � 2ffW7 � q'NWCEFn PLEASE' Council of that the City Okeechobee, Florida s y, September' 16,2003 - m. or as soon there ss , at City Hall, 55 SE '0 hobee, FL con., III ING on and ns r final madin of In4 ce Into w:., L_ _-:A NCE OF THE By -.�W FlEncin, rnum inuu3_ 1M�QYQJ.?LqNflIG DISTRICT To PHUVIDING FOR CONFLIdij; SEVERABILITY, AND AN EFFEC. TIVE DATE. Tom W. Conely, III (Attorney) ha . s flied a Rezoning potloon on be. hall of the Property owner, LOS Des Compadres Inc to change the existing Zoning cianificallon of Industrial 10 Commercial Con. tral Business District. The subject PrOPerlY Is located at 702 South- West 2nd Street and Is in unplat- ted?arcef of land approximately a 0.9 33 acres. All members of the public are oncpur- aged to attend and participate in said -ILoaring. The proposed Ordi- �ance may be Inspected in its en- tirety by members of the public in the Office of the City Clerk durin regular business hours, Monday nd 8:00 a.m.-4:30 p.m., except JaAlidays. for PLEASE TAKE NOTICE AND BE AD- VISED that If any person desires to appeal any decision made by the City Council with respect to any matter considered at this hearing, such Interested Person will need a record of the proceedin ,gs, and for such purpose in ne to ensure a verbatim recoryof the proceed- ings is made, which record in- cludes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disability Act �ADA) and Flori- da Statutes 286.2 persons with disabilities needing special accom- Modation to Partildipate in this pro- teeding should contact Lane Gaml- otea no later than two (2) working dags �rior to the proceeding at I ; if nearing or voice impaired, call TOO 1 -800-222-3"8 (voice) or 1-888- 447-5620 (Fy).. Lane Gamlotea, CITY CLERK