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2003-11-04 RegularCITY OF OKEECHOBEE NOVEMBER 4,2003 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION 1. CALL TO ORDER - Mayor: November 4, 2003, City Council Regular Meeting, 6:00 p.m. Ill. OPENING CEREMONIES: Invocation given by Pastor Hernan Afanador, Church of Our Savior; Pledge of Allegiance led by Mayor. 111. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim the month of November as "National Epilepsy Awareness Month." PAGE I OF 19 Mayor Kirk called the November 4, 2003 Regular City Council Meeting to order at 6:00 p.m. The Invocation was offered by Council Member Watford in Pastor Afanador's absence; Mayor Kirk led the Pledge of Allegiance. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Mayor Kirk proclaimed November as National Epilepsy Awareness Month. The following proclamation was read in its entirety: "WHEREAS, Epilepsy, also known as Seizure Disorder, has afflicted mankind sine the dawn of our species and has been recognized since the earliest medical writings; and WHEREAS, as long as 400 B.C., Hippocrates, the Father of Medicine, repudiated ancient beliefs that Epilepsy was a visitation from the gods and sacred or that it was a curse from the gods that people afflicted with this disorder hold prophetic powers. Hippocrates believed that Epilepsy was a brain disorder; and WHEREAS, a seizure is a sudden, brief attack of altered consciousness, motor activity or sensory phenomena. It is a sign that certain brain cells (neurons) are discharging an excessive amount of electrical impulses; and WHEREAS, Epilepsy can be caused by injury to the brain, lack of oxygen at birth, brain tumor, infection and brain hemorrhage. In 60 percent of the cases, the cause is unknown; and WHEREAS, Epilepsy FiY--Wl L11T1 65� IV. PROCLAMA71ONS AND PRESENTATIONS CONTINUED. A. Proclaim the month of November as "National Epilepsy Awareness Month" continued. B. Proclaim Retired Educators Day (item Added to Agenda) V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the October 21, 2003 Regular Meeting. NOVEMBER 4, 2003 - REGULAR MEETING - PAGE 2 OF 19 affect anyone, at any age and at any time; and WHEREAS, more than two million Americans are afflicted with some type of Epilepsy, Of this number, 150,000 are Florida residents; and WHEREAS, with the administration of andconvulsant dmgs, two-thirds (66.66Yo) of those afflicted with Epilepsy are dnig controlled; and WHEREAS, lack of education about this disorder has contributed to age old myths, supersddons andprejudices; and WHEREAS, the stigma associated with this disorder is sometimes worse than the disorder itself; and WHEREAS, people who have Epilepsy make reliable and conscientious workers in job performance, producdvity, safety, cooperation and attendance; and WHEREA S, people who have Epilepsy make reliable and conscientious workers in job perforrnance, productivity, safety, cooperation and attendance; and WHEREAS, studies carried out in the UNITED STA TES over the past thirty years have indicated that all disabilities, Epilepsy poses the greatest barrier to employment with unemployment rates estimated to fall between twenty and twenty -rive percent; and WHEREAS, Epilepsy should not be a barrier to success. In addition to the normal requirements fbr success, a person who has Epilepsy needs a supportive environment and employers who are willing to give them an opportunity to become productive citizens. NOW THEREFORE, I James E i(irk, by virtue of the authority vested in me as Mayor of the city of Okeechobee, do hereby proclaim the month of November as "NA TIONAL EPILEPS Y A WARENESS MONTH. " Mayor Kirk proclaimed November 16, 2003 as Retired Educators Day and presented the following proclamation to Ms. Gay Carlton: "Whereas, at the heart of the educational system is the educator who is devoted to sharing his or her knowledge with the students; and Whereas, Florida is home to many retired educators who have spent most of their lives giving of themselves to the educational system and its students; and Whereas, the Retired Educators of Florida plan to celebrate a State Retired Educators Day on November 16 in honor of those years of service. Now, Theretbre, 1, James E. POrk, by the virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby extend greetings and best wishes to all observing Retired Educators Day, November 16, 2003. " Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the October 21, 2003 Regular Meeting; seconded by Council Member Williams. There was no discussion regarding this item. NOVEMBER 4,2003 - REGULAR MEETING - PAGE 3 OF 19 653 V. MINUTES CONTINUED. A. Motion to dispense with the reading and approve the Summary of Council Action for the October 21, 2003 VOTE KIRK - YEA Regular Meeting continued. CHANDLER - YEA MARKHAM - YEA I WATFORD - YEA WILUAMS - YEA MOTION CARRIED. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal today's agenda. of items on today's agenda. New Business Items H. 1. and J. were added. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:14 P.M. A. 1. a) Motion to remove from the table proposed Ordinance Council Member Watford moved to remove from the table proposed Ordinance No. 838; No. 838. seconded by Council Member Markham. b) Vote on motion to remove from the table. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILUAMS -YEA MOTION CARRIED. 2. a) Motion to read by title only proposed Ordinance No. Council Member Watford moved to read by title only proposed Ordinance No. 838 amending 838 amending Subdivisions Chapter 86 of the LDR's Subdivisions Chapter 86 of the LDR's; seconded by Council Member Williams. - City Attorney (Exhibit 1). 11 654 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Vote on motion to read by title only. C) City Attorney to read proposed Ordinance No. 838 by title only. 3. a) Motion to adopt proposed Ordinance No. 838 b) Public Comments and discussion. NOVEMBER 4, 2003 - REGULAR MEETING - PAGE 4 OF 19 VOTE KJRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 838 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, ORDINANCE NUMBER 669; PARTICULARLY CHAPTER 86 SUBDIVISIONS, ARTICLE H THEREOF; TO PROVIDE FOR ADMINISTRATIVE REVIEW OF PRELIMINARY PLAT APPLICATIONS, PROVIDING FOR ADMINISTRATIVE PRELIMINARY APPROVAL, DENIAL OR MODIFICATION OF PRELIMINARY PLATS; PROVIDING FOR DEVELOPER TO SUBMIT COPIES OFSAID PLA TAPPLICA TIONS TO THE CITY COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Council Member Markham moved to adopt proposed Ordinance No. 838; seconded by Council Member Chandler. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Exhibit One Revised was distributed to the Council. The revised language address the Council's question regarding work being done at a development prior to final plat approval. Attorney Cook added the following language to Section 86-42, paragraph (b): "Under no circumstance shall the developer be permitted to proceed with development prior to the approval of the Committee, and conditional preliminary plat approved by the City Council." NOVEMBER 4,2003 - REGULAR MEETING - PAGE 5 OF 19 655 V111. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 3. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA I MOTION CARRIED. B. 1. a) Motion to read by title only proposed Ordinance No. Council Member Watford moved to read by title only proposed Ordinance No. 840 amending 840 amending the Municipal Police Officers' Pension the Municipal Police Officers' Pension Trust Fund; seconded by Council Member Markham. Trust Fund - City Attorney (Exhibit 2). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. C) City Attorney to read proposed Ordinance No. 840 by Mayor Kirk read proposed Ordinance No. 840 by title only as follows: "ANORDINANCEOF title only. THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS'PENSiON TRUST FUND, ADOPTED PURSUANT TO ORDINANCE 749, AS SUBSEQUENTLY AMENDED; AMENDING SECTION 1, DEFINITIONS, BY AMENDING THE DEFINITION OF "ACCUMULATED CONTRIBUTIONS' PROWDING FOR CODIFICATION; PROWDING FOR SEVERAB1LITYOFPROVISI&iS,- REPEALING ALL ORDINANCES IN CONFLICTHEREVV7THAND PROWDING AN EFFECTIVE DATE. W 2. a) Motion to adopt proposed Ordinance No. 840. Council Member Markham moved to adopt proposed Ordinance No. 840; seconded by Council Member Chandler b) Discussion. Mayor Kirk asked whether there were any comments or questions from the public. There I were none. 656 V11. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Discussion continued. C) Vote on motion. C. 1. a) Motion to read by title only proposed Ordinance No 841 amending the Municipal Firefighters' Pension Trust Fund - City Attorney (Exhibit 3). b) Vote on motion to read by title only and set public hearing date. C) City Attorney to read proposed Ordinance No. 841 by title only. NOVEMBER 4,2003 - REGULAR MEETING - PAGE 6 OF 19 Council Member Williams moved to amend proposed Ordinance No. 840 to delete the 3 percent return and change it to zero. Motion died for lack of second. Council Member Watford commented that he appreciated Mr. Williams comments and agreed with them to a certain extent. However, this seemed to be a compromise (the 3 percent) and the pension plans are mandatory. VOTE VJRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - NAY MOTION CARRIED. Council Member Watford moved to read by title only proposed Ordinance No. 841 amending the Municipal Firefighters' Pension Trust Fund; seconded by Council Member Chandler. VOTE KJRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mayor Kirk read proposed Ordinance No. 841 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL mmRGHTERs- PENSION TRusr FUJW, ADOPTED PURSUANr To oRmANcE No. 750; AS SUBSEQUENTLY AMENDED; AMENDING SECTION 1, DEFINITIONS, BY AMENDING THE DEFINITION OF "ACCUMULATED CONTRIBUTIONS"- PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABIL17-Y OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICTHEREINITHAND PROVIDINGAN EFFECTIVE DATE. w VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 2. a) Motion to adopt proposed Ordinance No. 841 b) Public Comments and Discussion. C) Vote on motion. NOVEMBER 4, 2003 - REGULAR MEETING - PAGE 7 OF 19 Council Member Markham moved to adopt proposed Ordinance No. 841; seconded by Council Member Watford. Mayor Kirk asked whether there were any comments or questions from the public. There were none. VOTE VJRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WiLuAms - NAY MOTION CARRIED. D. 1. a) Motion to read by title only proposed Ordinance No. Council MemberWafford moved to read by title only proposed Ordinance No. 843, amending 843, amending the Future Land Use Map, the Future Land Use Map, Application No. 03-009-SSA submitted by Michael and Dorian Application No. 03-009-SSA submitted by Michael Swygard; seconded by Council Member Williams. and Dorian Swygard - City Planning Consultant (Exhibit 4). VOTE b) Vote on motion to read by title only. KJRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. C) City Attorney to read proposed Ordinance No. 843 by Attorney Cook read proposed Ordinance No. 843 by title only as follows: "AN ORDINANCE title only. OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USEMAP; PROVIDING FOR INCLUSION OF ORDINANCEAND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. ## 657 658 NOVEMBER 4,2003 - REGULAR MEETING - PAGE 8 OF 19 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. D. 2. a) Motion to adopt proposed Ordinance No. 843. Council Member Markham moved to adopt proposed Ordinance No. 843; seconded by 11 Council Member Chandler. b) Public Comments and Discussion. Mayor Kirk asked whether there were questions or comments from the public. There were III none. Mr. Jim LaRue, Planning Consultant was present and addressed the Council regarding this application. This ordinance pertains to Comprehensive Plan Future Land Use Map Amendment Application No. 03-009-SSA. The application was submitted by Michael and Dorian Swyard who are also the property owners. The request is to change the Land Use from Residential Single Family (RSF) to Residential Multi -Family (RMF). The subject property is approximately 0.69 acres, is located along Southeast 10'h Avenue between 5" and V' Streets with the legal description being: Lots 5 to 8 of Block 5 in Wright's First Addition to Okeechobee (Plat Book 1 Page 13). The request would allow the property owner to develop approximately 10 units of multi -family dwellings. The zoning is currently Multiple Family (MF) therefore this amendment would make both maps consistent. Planning Staff Summary: This areas is within several blocks of City MF Zoning although the Future Land Use map designation for this same areas remains RSF, Block 5 should probably be changed to RMF as this are is already showing MF residential characteristics. Planning Staff Comprehensive Plan Analysis: (A) The requested change would be consistent with the Land Use Categories and Plan Policies of the Comprehensive Plan. (B) The site has adequate water and wastewater, provided by the Okeechobee Utility Authority. The Technical Review Committee (TRC) will review the access to the back lots (6 and 7). (C) The site appears to be compatible with adjacent and nearby land uses. Property to the North has an existing duplex, with Future Land Use being RSF and Zoning MF. To the South has an existing residence, with Future Land Use being RSF and Zoning MF. Towards the East is a residence and a Triplex, Future Land Use begin RSF and Zoning MF and finally to the West is also a residence. Future Land Use being RSF and Zoning MF (D) There is evidence reflecting that this area is a transitional MF neighborhood. All site development mechanism can be utilized to assure compatibility with existing single family residences. V111. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. D. 2. b) C) Public Comments and Discussion continued Vote on motion. NOVEMBER 4,2003 - REGULAR MEETING - PAGE 9 OF 19 The Planning Staff recommends approval based on the above information. The Application was discussed at October 28, 2003 Land Planning Agency, the LPA voted unanimously to recommend approval to the City Council. Council discussed with Mr. LaRue the issue of access to the back lots (6 and 7). Lots 5 and 8 have access from Southeast 1 oth Avenue, which is a dedicated paved roadway. Southeast 9t' Avenue which bounds the property to the West has a dedicated/platted 40-foot wide roadway that has not been improved. The TRC will address the issue appropriately and costs for improving the roadway will fall on the developer. The issue of the site being located within the center of the block was discussed. Mr. LaRue advised that the City is simply responding to a request from the property owner. Eventually the other property owners may also make application to change their land use. However, at this time, we can only focus on what has been requested. Council also discussed with Mr. LaRue the fact that this is the second request within this neighborhood to change the Land Use Map to MF for a development. Council Members Williams and Markham concurred that this trend would be good for the area. Mr. LaRue suggested and Council agreed that the entire area needs to be studied from a planning view and note where the "cut-off"should be for the MF lype developments. Council also noted that the alle)Mays should remain open within this area for future growth and access. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 659 660 NOVEMBER 4,2003 - REGULAR MEETING - PAGE 10 OF 19 V11. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. E. 1. a) Motion to read by title only proposed Ordinance No. Council MemberWatford moved to read bytitleonly proposed Ordinance No. 844, amending 844, amending the Future Land Use Map, the Future Land Use Map, Application No. 03-010-SSA submitted by Jimmy and Sheryle Application No. 03-01 O-SSA submitted by Jimmy and Byrd; seconded by Council Member Williams. Sheryle Byrd - City Planning Consultant (Exhibit 5). b) Vote on motion to read by title only. VOTE VJRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS -YEA MOTION CARRIED. C) City Attorney to read proposed Ordinance No. 844 by Attorney Cook read proposed Ordinance No. 844 by title only as follows: "ANORDINANCE title only. OF THE CITY OF OKEECHOBEE, FLORMA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURELAND USEMAP,- PROVIDING FORINCLUSION OFORDINANCEANDREVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DA TE. " 2. a) Motion to adopt proposed Ordinance No. 844. Council Member Markham moved to adopt proposed Ordinance No. 844; seconded by Council Member Williams. b) Public comments and discussion. Mayor Kirk asked whether there were any questions or comments from the public. There I were none. Mr. LaRue addressed the Council regarding this application. This ordinance pertains to Comprehensive Plan Future Land Use Map Amendment Application No. 03-01 O-SSA. The application was submitted by Nikki Aaron on behalf of the property owners, Jimmy L. and Sheryle S. Byrd, Jr. The request is to change the Land Use from Commercial (C) to Residential Multi -Family (RMF). The subject property is approximately 0.43 acres, is located within the 800 block of Southwest 2 nd Street with the legal description being: Lots 6 to 8 of Block 201 Okeechobee (Plat Book 5 Page 5). VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. E. 1. b) C) Public comments and discussion continued Vote on motion. NOVEMBER 4, 2003 - REGULAR MEETING - PAGE I I OF 19 The request would allow the property owner to develop the lots with multi -family dwellings. The zoning is currently Heavy Commercial (CHV) and Industrial (IND) therefore a rezoning will follow this application, should it be approved. Planning Staff Summary: This property located in an urban area where MF use is compatible with CHV and other existing MF uses. Planning Staff Comprehensive Plan Analysis: (A) The requested change would be consistent with the Land Use Categories and Plan Policies of the Comprehensive Plan. Specifically Policy 2.1 allows a variety of residential densities not to exceed 10 dwelling units an acre. (B) The site has adequate water and wastewater, provided by the Okeechobee Utility Authority. The property would be accessed from Southwest 2 nd Street which is an existing paved roadway. (C) The site appears to be compatible with adjacent and nearby land uses. Property to the North has an existing commercial type use, with Land Use and Zoning being Commercial and Industrial. To the South has an existing residence, Future Land Use is RSF, Zoning is RSF and IND. Towards the East is an existing Commercial type use, Future Land Use being RSF and Zoning is Industrial. Then to the West is a multiple family dwelling with a RMF Future Land Use designation and MF Zoning. (D) The small scale plan amendment complies with the appropriate goals, objectives, and policies of the City's Comprehensive Plan. The Planning Staff recommends approval based on the above information. The Application was discussed at October 28, 2003 Land Planning Agency, the LPA voted unanimously to recommend approval to the City Council. VOTE KJRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 661 662 NOVEMBER 4, 2003 - REGULAR MEETING - PAGE 12 OF 19 CLOSE PUBLIC HEARING - Mayor. 111 MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:52 P.M. Vill. UNFINISHED BUSINESS. A. Motion to appoint Louise Chandler to the Police Pension Council Member Chandler moved to appoint Louise Chandler to the Fund Board of Trustees, term beginning November 5, 2003 Board of Trustees, term beginning November 5, 2003 and ending and ending September 30, 2005 - City Clerk. seconded by Council Member Markham. Council extended their Chandler for taking the position. lye] i KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. IX NEW BUSINESS. Police Pension Fund September 30, 2005; appreciation to Mrs. A. 1. a) Motion to read by title only and set November 18, Council Member Watford moved to read by title only and set November 18, 2003 as a public 2003 as a public hearing date, proposed Ordinance hearing date, proposed Ordinance No. 845 amending the Zoning Map, Application No. 03- No. 845 amending the Zoning Map, Application No. 007-R submitted by Robert and Betty Braun; seconded by Council Member Williams. 03-007-R submitted by Robert and Betty Braun - City Planning Consultant (Exhibit 6). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA VOLLIAMS - YEA MOTION CARRIED. IX NEW BUSINESS CONTINUED. A. 1. c) 2. a) City Attorney to read proposed Ordinance No. 845 by title only. Motion to approve the first reading of proposed Ordinance No. 845. NOVEMBER 4, 2003 - REGULAR MEETING - PAGE 13 OF 19 663 Attorney Cook read proposed Ordinance No. 845 by title only as follows: "AN ORDINANCE OF THE CITYOF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PAR77CULARL Y DESCRIBED HEREIN, FROMRESIDENTIAL MULTI-FAMILY(RUF? ZONINGDISTRICTTO HEAVY COMMERCIAL (CH10 ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DA TE. AN Council Member Markham moved to approve the first reading of proposed Ordinance No. 845; seconded by Council Member Williams. b) Public comments and discussion. Mayor Kirk asked whether there were any comments or questions from the public. There III were none. This ordinance pertains to Rezoning Application No. 03-007-R submitted by Vikki Aaron on behalf of the property owners, Robert and Betty Braun. The request is to change the zoning at 205 Northeast 2 nd Street from Multiple Family (MF) to Heavy Commercial (CHV). Legal description being: Lots 7 to 12 of Block 142, Okeechobee (Plat Book 5, Page 5). The Future Land Use Designation is Commercial. Therefore, this rezoning would make both maps consistent. This is the current site of Bass Okeechobee Funeral Home. The Planning Board considered the application at their October 28, 2003 meeting. There were several letters presented to the Board stating that they did not object to the existing funeral home, however they were concerned with what types of permitted uses that could locate at the site should the funeral home ever move or close. Mr. LaRue explained that they surrounding property owners were advised that you cannot limit zoning to one specific use. That each district has its list of permitted principal uses and special exception uses. The funeral home anticipates expanding with a crematorium. The only use that allows a crematorium is Heavy Commercial. Planning Staff and the Planning Board are recommending approval. 664 IX. NEW BUSINESS CONTINUED. A. 2. c) Vote on motion. VOTE KJRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. NOVEMBER 4,2003 - REGULAR MEETING - PAGE 14 OF 19 B. 1. a) Motion to read by title only and set November 18, Council Member Watford moved to read by title only and set November 18, 2003 as a public 2003 as a public hearing date for proposed hearing date for proposed Ordinance No. 846 regarding restriction on placement of mobile Ordinance No. 846 regarding restriction on homes within the City; seconded by Council Member Williams. placement of mobile homes within the City - City Attorney (Exhibit 7). b) Vote on motion to read by title only. VOTE KJRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. C) City Attorney to read proposed Ordinance No. 846 by Attorney Cook read proposed Ordinance No. 846 by title only as follows: "AN ORDINANCE title only. OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 90, AR77CLE fit, DISTRfCTSAND DISTPJCTREGULATIONS, DIVISION FOUR, PERTAINING TOMOBILE HOME DISTRICT ZONING REGULATIONS (RUH); CREA77NG SECTION 90-167 THROUGH 90-171 THEREOF; PROVIDING FOR STANDARDS FOR SINGLE FAMILY MOBILE HOME UNITS INCLUDING DESIGN, PLACEMENT, FOUNDATION, AND APPEAFtANCE STANDARDS; PROWDfNG LMWTATKM ON AGE OF UWTS FOR PLACEMENT WITHIN THE CITY; PROVIDING FOR A PROCESS OF APPLICATION, REVIEW AND APPEAL THEREOF; ADOPTING STANDARDS FROM THE U.& DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND CHAPTER 15 OF FLORIDA ADMINISTRATIVE CODES; PROVIDING FOR PLACEMENT USE AND OCCUPANCY OF RECREATIONAL VEHICLES WITHIN THE CITY OF OKEECHOBEE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." NOVEMBER 4, 2003 - REGULAR MEETING - PAGE 15 OF 19 , 665 'N"",", j-1 ILA -,-,,,T- �,011 UN C, �,10 ,W,,,T E� IX NEW BUSINESS CONTINUED. B. 2. a) Motion to approve the first reading of proposed Council Member Markham moved to approve the first reading of proposed Ordinance No. Ordinance No. 846. 846; seconded by Council Member Chandler. b) Public comments and discussion. Mayor Kirk asked whether there were any questions or comments. Several months ago the Council instructed Attorney Cook to draft an ordinance regulating the age of mobile homes within the City. Attorney Cook advised that he will be "fine tuning" the language in the ordinance to be more specific to the City's needs prior to the final public hearing. C) Vote on motion. VOTE VJRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILUAMS - YEA MOTION CARRIED. C. Motion to approve a Letter of Interest between the City and Council Member Watford moved to approve a Letter of Interest between the City and Olde- Olde-Tyme Construction, Inc. pertaining to the Industrial Tyme Construction, Inc. pertaining to the Industrial Park; seconded by Council Member Park - City Administrator (Exhibit 8). Markham. There was a lengthy discussion between the Mayor, Council Member, Administrator Veach and Attorney Cook, and Mr. Robert Meyer. Mr. Meyer owns and operates Olde-Tyme Construction, which is a pre -cast and slate stone construction company. He is at growth capacity at his existing site in St. Lucie and is looking to relocate in Okeechobee, specifically in the proposed City Commerce Center. Mr. Meyer gave the Council background information regarding his company and that he would have no problem submitting financial documents regarding his company. The City has lost its first prospect tenant for the commerce center. They are looking to enlist Olde-Tyme as the replace. However, this will all hinge on whether the grant can be resubmitted with the substitution of Olde-Tyme. Council Members will schedule individual visits to the exisfing site through the Administratoes office. Council also authorized Mayor Kirk, Administrator Veach and Attompy to begin negotiations with Mr. Meyers to become the City's tenant All proposed agreements and/or contract would come to the Cily Council for final approval. 666 X. NEW BUSINESS CONTINUED. C. Motion to approve a Letter of Interest between the City and Olde-Tyme Construction, Inc. pertaining to the Industrial Park continued. D. Discussion related to authorizing staff to reprogram or resubmit the EDTF Grant - City Administrator. NOVEMBER 4, 2003 - REGULAR MEETING - PAGE 16 OF 19 VOTE VJRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Administrator Veach advised that the contract between the City and Nancy Phillips and Associates was based on Sheffield becoming a tenant within the proposed Commerce Center and would be paid by Sheffield. Since Sheffield is no longer a prospective tenant the contract need to be rewritten and the EDTF grant, which the City has received needs to be revised to delete any reference to Sheffield. Council authorized Administrator Veach to renegotiate the contract with Ms. Phillips and proceed with resubmitting the EDTF gran E. Motion to approve the acquisition of twenty-three new police Council Member Watford moved to approve the acquisition of twenty-three new police cars cars through the 2003/2004 Police Car Leasing Program - through the Florida Sheriffs Association, bid price per car being eighteen thousand, seven City Administrator. hundred seventy-two dollars ($18,772.00) for the 2003/2004 Police Car Leasing Program; seconded by Council Member Chandler. There was a brief discussion on this item. VOTE IKIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. F. Motion to approve a financing proposal through the Council Member Watford moved to approve a financing proposal to Kislak National Bank for 2003/2004 Police Car Leasing Program - City Administrator the 2003/2004 Police Car Leasing Program; seconded by Council Member Chandler. There (Exhibit 9). 1 was a brief discussion on this item. X. NEW BUSINESS CONTINUED. F. Motion to approve a financing proposal through the 2003/2004 Police Car Leasing Program continued. G. Discussion and update on Okeechobee Utility Authority issues - Bob Oliver. NOVEMBER 4,2003 - REGULAR MEETING - PAGE 17 OF 19 667 VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mr. Bob Oliver who serves as the City's appointed Alternate Member to the Okeechobee Utility Authority (OUA) appeared before the Council and distributed a memorandum listing OUA projects and a brief update of each project: North 441 Water and Sewer Line Extension. Water Plant. Taylor Creek Isles Sewer Project. 24-Inch Water Main Extension (SR 78 to SR 70). SW 32 nd Street Water Line Extension (SW 16 th Avenue to SW 24 1h Avenue). Upgrade to SCADA Controls for Lift Station. Treasure Island Sewer Project. Utility Billing Software Upgrade. Water/Sewer Rate Study. Council Members thanked Mr. Oliver for his update and asked him to come back as often as possible with them. H. Motion to adopt Resolution No. 03-13 authorizing and Council Member Watford moved to adopt Resolution No. 03-13 authorizing and requesting requesting that certain items be presented to the that certain items be presented to the Okeechobee legislative delegation; seconded by Okeechobee legislative delegation - City Attorney (Exhibit Council Member Markham. 10). (item Added to the Agenda) Attorney Cook read proposed Resolution No. 03-13 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING AND REQUESTING THAT CERTAIN ITEMS BE PRESENTED TO THE OKEECHOBEE LEGISLATIVE DELEGATION FOR INCLUSION IN THE OFFICIAL LEGISLATIVE DELEGATION REQUESTS TO THE FLORIDA LEGISLATURE FOR THE 2003-2004 LEGISLATIVE SESSION, PROVIDING AN EFFECTIVE DATE.11 668 NOVEMBER 4, 2003 - REGULAR MEETING - PAGE 18 OF 19 X. NEW BUSINESS CONTINUED. H. Motion to adopt Resolution No. 03-13 authorizing and requesting that certain items be presented to the VOTE KIRK - YEA Okeechobee legislative delegation continued. CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 1. Motion to read by title only and set November 18, 2003 as a Attorney Cook requested this item be pulled in orderto give him time to review the proposed Public Hearing date for proposed Ordinance No. 847 ordinance language with Mr. LaRue. He will re -present it to the Council at the November 18, creating a section for Vested Rights - City Attorney (Exhibit 2003 meeting. No official action was taken at this time. 11). (Item Added to the Agenda) J. Consider approval a Legal Counsel Agreement with Ruden, Council Member Watford moved to approve Legal Counsel Agreement with Ruden, McClosky, Smith , Schuster and Russell, P.A. - City McClosky, Smith , Schuster and Russell, Attorney at Law and authorize Mayor Kirk to Item Added to the Agenda) execute the agreement; seconded by Council Member Chandler. Attorney (Exhibit 12). ( 11 There was a brief discussion on this item. These attorney's will assist Attorney Cook in pursuing the condemnation lawsuit regarding the William H. Mason property. Mayor Kirk cautioned staff that the City not be paying more in attorney fee's than what the costs would be to pay Mr. Mason's purchase price and to keep a costs analysis of the spending of this project. They will also be assisting in the annexation projects. ael i # KJRK - YEA CHANDLER - YEA MARKHAM - YEA WATIRM - YEA WILLIAMS - YEA MOTION CARRIED. NOVEMBER 4, 2003 - REGULAR MEEnNG - PAGE 19 OF 19 669 .... . ..... 110,61 DISOU&MON- V-01 M_ �T &F C NC A= AG.NDA IL, XI. 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 There being no further items on the agenda, Mayor Kirk adjourned the November 4, verbatim record of the proceeding is made, which record includes the testimony and evide,7e upon 2003 meet at 8:28 p.m. The next regular City Council Meeting is scheduled for Tuesday, which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for of 'cial words of the Clerk.. November 18, 2003. ATTEST: James E. Kirk, Mayor Lan'e'Garnio.t4a, City Clerk AFFIDAVIT OF P--'ILISHER OKEECH6 �i'E-MES W my �'mava 106 S.E. 5th St., Okeechobee, FL 34974 On'ri"WN' M Cky'Ust U'm (863) 763-7283 an& to Men& rcr�&'Wy q ew& mftd City -*A*" Published Weekly STATE OF FLORIDA 70072 x 212: PLWR'TAKII:Nancia� 'RF: COUNTY OF OKEECHOBEE: 0!4 IV , sew W Pod Orly me& by 6B.CMY st it" to sew Before the undersigned authority personally appeared JW ,A& fift wa, nw a irwomad dw &n4 Ex N& P- Pw may Fwed to aim= I Owens who on oath says that he is publisher of the Okeechobee Times, of dw poceedhgs is —de, v4" &,des ft tW!U-W mid a newspaper published weekly at Okeechobee in Okeechobee, Florida: the AM ack or ta.*-p fq that the attached copy of advertisement, Office. the %ith Mt DA) and being a P1 IRI IC' WQTICIP 12C) It 3 ?()9'4 .286.26. to in ISO - in the matter of CITY C01 JNCIL MEETING NOTICE cW no .edft shwAd ID Wa 160 two CZ) CITY OF OKEECHOBEE p,,,AhV4tS-63.'jm63-3372X 14'.if SrO hessimg W V606 MID I 55 SE THIRD AVENQ E =-344 (TOWO) Of 1 447-5620 OKEECHOBEE, FL 34974-2932 IW LAM GAMIOT" CNY CWk PUBLISHWWW13 941-763-3372 In the Court, was published in said newspaper in the issues of 10/30/2003 7 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and N that said newspaper has heretofore been continuously published in NOV 18 2003 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, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; 09 G> 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. (A J. W. Owens, (Publisheur) Sworn to and subscribed before me this -30 IL day of P'�s "-- A. D. 2003 - P\lq (SEAL) Notary Public I,'Ry P& CTF"�'qLAL"NOTARY SCAL 1-0 '9<' 0 ROSEALEGA BREMM COMMISSION NOMBER CC 940770 MY COMMISSION EXPIRES Is PAGE -1 - CITY OF OKEECHOBEE -NOVEMBER 4,2003 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES CALL TO ORDER -Mayor: 104- November 4,2003, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Hernan Afanador.-Church of Our Savior. Pledge of Allegiance led by Mayor �6 txK-., 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 Present Absent V1_ F, AF_ IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Mayor Kirk Proclaimed the month of November as "National Epilepsy Awareness Month"and read the proclamation in its entirety as follows, "WHEREAS, Epilepsy, also known as Seizure Disorder, has afflicted mankind sine the dawn of our species and has been recognized since the earliest medical writings; and WHEREAS, as long as 400 B.C., Hippocrates, the Father of Medicine, repudiated ancient beliefs that Epilepsy was a visitation from the gods and sacred or that it was a curse from the gods that people afflicted with this disorder held prophetic powers. Hippocrates believed that Epilepsy was a brain disorder; and WHEREAS, a seizure Is a sudden, brief attack of altered consciousness, motor activity or sensory phenomena. It is a sign that certain brain cells (neurons) are discharging an excessive amount of electrical impulses; and WHEREAS, Epilepsy can be caused by injury to the brain, lack of oxygen at birth, brain tumor, infection and brain hemorrhage. In sixty percent of the cases, the cause is unknown; and WHEREAS, Epilepsy can affect anyone, at any age and at any time; and WHEREAS, more than two million Americans are afflicted with some type of Epilepsy, Of this number, 150,000 are Florida residents; and WHEREAS, with the administration of anticonvulsant drugs, two-thirds (66.66%) of those afflicted with Epilepsy are drug controlled; and WHEREAS, lack of education about this disorder has contributed to age old myths, superstitions and prejudices; and WHEREAS, the stigma associated with this disorder is sometimes worse than the disorder itself; and WHEREAS, people who have Epilepsy make reliable and conscientious workers in job performance, productivity, safety, cooperation and attendance; and WHEREAS, people who have Epilepsy make reliable and conscientious workers in job performance, productivity, safety, cooperation and attendance; and WHEREAS, studies carried out in the UNITED STATES overthe past thirty years have indicated that all disabilities, Epilepsy poses the greatest barrier to employment with unemployment rates estimated to fall between twenty and twenty-five percent; and WHEREAS, Epileps w uld not be a barrier to success. In addition to the normal requirements for success, a person who has Epilepsy needs a supportive environment and employers who are willing to give them an opportunity to become productive citizens. NOW THEREFORE, I James E. Kirk, by virtue of the authority vested in me as Mayor of the city of V�( \ \ X N PAGE -2- Okeechobee, do hereby proclaim the month of November as "NATIONAL EPILEPSY AWARENESS MONTH." V,-Y- 4owxWj-U- 4-- 4AL afVjqykt9,- PGA-t-le\-- Mayor Kirk Proclaimed the day of November 16", 2003 as "Retired Educators Day" and read the CB. proclamation in its entirety as follows, "Whereas, at the heart of the educational system is the educator who is devoted to sharing his or her knowledge with the students; and Whereas, Florida is home to many retired educators who have spent most of their lives giving of themselves to the educational system and its students; and Whereas, the Retired Educators of Florida plan to celebrate a State Retired Educators Day on November 16th in honor of those years of service. Now Therefore, I James E. Kirk, by the virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby extend greetings and best wishes to all observing Retired Educators Day, November 16, 2003. )zl&u &VO--,-) AIN-tL� - 50-QO d-O W- V. MINUTES - City Clerk. A. Council Member 0 �, moved to dispense with the reading and approve the Summary of CoLkicil Action for the October 21, 2003 Regular Meeting; seconded by Council Member 65-h -) PCGJIG VOTE YEA NAY ABSTAIN ABSENT r� ". _i cvv-&-� KIRK C-/ CHANDLER L,/ MARKHAM WATFORD WILLIAMS MOTION: 4-ARRlb) - DENIED VI AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT P.M. A.1.a) Council Member W moved to remove from the table proposed Ordinance No. 838; seconded by Council Member LM b). Vote on motion to remove from the table. VOTE YEA NAY ABSTAIN ABSENT KIRK 6�1 CHANDLER �1� MARKHAM L`11 WATFORD LI-1 WILLIAMS MOTION (CARRIEP)- DENIED 2.a) Council Member DO) moved to read by title only proposed Ordinance No. 838 amending Subdivisions Chapter 86 of the LDR's - City Attorney (Exhibit 1); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION-��- DENIED C) 3.a) PAGE -3- Attorney Cook read proposed Ordinance No. 838 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, ORDINANCE NUMBER 669; PARTICULARLY CHAPTER 86 SUBDIVISIONS, ARTICLE 11 THEREOF; TO PROVIDE FOR ADMINISTRATIVE REVIEW OF PRELIMINARY PLAT APPLICATIONS; PROVIDING FOR ADMINISTRATIVE PRELIMINARY APPROVAL, DENIAL OR MODIFICATION OF PRELIMINARY PLATS; PROVIDING FOR DEVELOPER TO SUBMIT COPIES OF SAID PLAT APPLICATIONS TO THE CITY COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Council Member moved to adopt proposed Ordinance No. 838; seconded by Council Member b) Public Comments and discussion. -bul) �M� i 61, CLXA� c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION:(��;;b DENIED PAGE -4- B.I.a) Council Member 1%) moved to read by title only proposed Ordinance No. 840 amending the Municip@l Police Officers' Pension Trust Fund - City Attorney (Exhibit 2); seconded by Council Member tt& - b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTI CARRIED DENIED MIF� C) Attorney Cook read proposed Ordinance No. 840 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE 749, AS SUBSEQUENTLY AMENDED; AMENDING SECTION 1, DEFINITIONS, BY AMENDING THE DEFINITION OF "ACCUMULATED CONTRIBUTIONS"; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." B.2.a) Council Member moved to adopt proposed Ordinance No. 840; seconded by Council Member K)Z,) b) Public Comments and discussion. Oc� dto,,& 1,,ct, k n0A �)Lko�, Z( Iwo -+j ID-L (A Cj qvxva C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION DENIED 0 PAGE -5- C.I.a) Council Member moved to read by title only proposed Ordinance No. 841 amending the Muni ers' Pension Trust Fund - City Attorney (Exhibit 3); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK %IX CHANDLER MARKHAM WATFORD WILLIAMS MOTION (C!�RR�IE)D- DENIED C) Attorney Cook read proposed Ordinance No. 841 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE NO. 750; AS SUBSEQUENTLY AMENDED; AMENDING SECTION 1, DEFINITIONS, BY AMENDING THE DEFINITION OF "ACCUMULATED CONTRIBUTIONS"; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." 7 2.a) Council Member Un moved to adopt proposed Ordinance No. 841; seconded by Council Member Qk6 b) Public Comments and discussion. � CA, C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK 4-11, CHANDLER V MARKHAM 1-/ WATFORD V WILLIAMS MOTION DENIED PAGE -6- DA.a) Council Member moved to read by title only proposed Ordinance No. 843, amending the Future Land Use Map, Application No. 03-009-SSA submitted by Michael and Dorian Swygard - City Planning Consultant (Exhibit 4); seconded by Council Member tL,,3 b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS M DENIED c) Attorney Cook read proposed Ordinance No. 843 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE.�l 2.a) Council Member Ln moved to adopt proposed Ordinance No. 843; seconded by Council Member kk z b) Discussion. lv)v- Lph wt no CLUX��— eo_uj�- ww I&- MWILL qq-t.— Qr R�ie �1� vax� ccbwr�c�� GMJ-t, I CrL LM - PLVV A-CC�,� U-1 Rd-U)-- JA-U) aLIAA�..�c� LIDV� CA&U�ao )0� P cui V-) /W� II&Dbit Okv- IT 0- 0j, V �j �L�4 C� O'DAia, b caX k, ro'c' Cc OtN(-bwZ�� &(4" 0+ JZ�L c) Vote on motion. L" - Mir kk-�� Md- pukpo�- VOTE YEA NAY ABSTAIN ABSENT KIRK jP& �&L, CHANDLER 4 MARKHAM (LUCE L)A- WATFORD WILLIAMS �Ocd WX aak- MOTION (j� DENIED U11cit I 6U� j o-, sna- &JIA r-X LIN, cd &-4j— CA CL,,,� UK AJ� aA)- 0- - co OAA.A� PAGE -7- E.I.a) Council Member moved to read by title only proposed Ordinance No. 844, amending the Future Land Use Map, Application No. 03-010-SSA submitted by my and Sheryl Byrd - City Planning Consultant (Exhibit 5); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION DENIED c) Attorney Cook read proposed Ordinance No. 844 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2.a) Council Member cm moved to adopt proposed Ordinance No. 844; seconded by Council Member CA---) b) Public comments and discussion. L Up UJO-14 L�)UAIS �t 01N-- U ft C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS DENIED MAYOR KIRK CLOSED THE PUBLIC HEARING AT P.M. PAGF- -8- Vill. UNFINISHED BUSIN�E�S. A Council Member moved to appoint Louise Chandler to the Police Pension Fund Board of Trustees, term beginning November 5, 2003 and ending September 30, 2005 - City Clerk; seconded by Council Member Lly'� LP - — VOTE YEA NAY ABSTAIN ABSENT KIRK X11, CHANDLER v' MARKHAM WATFORD WILLIAMS MOTION DENIED IX. NEW BUSINESS A. 1. a) Council Member moved to read by title only and set November 18, 2003 as a public hearing date, proposed Ordinance No. 845 amending the Zoning Map, Application No. 03-007-R submitted by obert and Betty Braun - City Planning Consultant (Exhibit 6); seconded by Council Member * - b) Vote on motion to read by title only, VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKRAM WATFORD WILLIAMS DENIED c) Attorney Cook read proposed Ordinance No. 845 by title only as follows: "AN ORDINANCE OFTHE CITY OF OKEECHOBEE, FLORIDAAMENDING THE OFFICIALZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MULTI -FAMILY (RMF) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council Member LM moved to approve the first reading of proposed Ordinance No. 845; seconded by Council Member L3 b) Public comments and discussion. �bmz P() bot qq W) SC c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION�� - DENIED J C',%td 47) I I I 1AA_1%J_11 I 1 -1%111 _jh1rNr% K11 4AW V-Iftil 1"J.4-AM :1-Mit UVIA( 134A J( I I I I 11WV1M.4A.4%.; PAGE -9- B. 1. a) Council Member moved to read by title only and set November 18, 2003 as a public hearing date for proposed Ordinance No. 846 regarding restriction on placement of mobile homes within the City - City Attorney (Exhibit 7); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM cl WATFORD t,- WILLIAMS &I-11, MOTIO� DENIED C) Attorney Cook read proposed Ordinance No. 846 by title only as follows: 2. a) Council Member tff) moved to approve the first reading of proposed Ordinance No. 846; seconded by Council Member b) Public comments and discussion. N� L-AA ��Aj- Lk& "k tLo,-4 ad�tLqbu Kb Ju- j-�Uk� 4-b paw, OjU L(�� L4 U- '��UAL b Ot C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION DENIED I 'V�rv� I t PAGE -10- C. Council Member , moved to approve a Letter of Interest between the City and 01de- , Tyme Construction, Inc. pertaining to the Industrial Park - City Administrator (Exhibit 8); seconded by Council Member L-(Y\ 4bW CV b'CA S--�Ov- UjW lmjt��vf ct - OP4� rn j 0 P a-C cjboor'd 4-) a a, -t 'Gi L wascc' w) C-C CAW O�x'4 C��j baqAta� ox, jad, �Q*)aktt�J A6,e��j Vito 6ald j6re d &�ZU b-Q (U- a, fZ&L aaDavutu I "-Rbf)�-4 - &-)w a� alL ( 60JU &X-t &� U/50 L&V-\ ' /a cco cjcv� fy�O" c " aj) C�-"W, bc) L,�'U �4�� PA- 2)4 Wka 0 Lsc� , "�' I -�- I CIP bA bud-4 V4 rojtx q- t-JtA'2— m4 3( ck� csi VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS ol MOTION (�� 1 DENIED �pUj Pq6Ye_fi 4 aU 94 CLQp WbAt &DA VY_ Iwo 4tt V \1 I -S4 - &CKJ-L& &O-n& �aq Y-Lt 4tav I a-,v .1 1 G-up ujt(d t li�m L)w Y-�D cuAj rn allgt/ 04 f O-d4A-� - I L PAGE -11 - D. Discussion related to authorizing staff to reprogram or resubmit the EDTF Grant - City Administrator. PAGE -12- E. Council Member 7�)U) moved to approve the acquisition of twenty-three new police cars through the 2003/2004 Police Car Leasing Program - City Administrator; seconded by Council Member 0 VOTE YEA NAY ABSTAIN ABSENT A KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTI 71�> DENIED F. Council Member DLZ moved to approve a financing proposal through the 2003/2004 Police Car Leasing Program - City Administrator (Exhibit 9); seconded by Council Member t') t-11 Pcro i (a_ �3 oj� VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTIO( �ARRIE - DENIED *ettd 4-L-1 604-- LA,,� 19 o 4_Lu�_o� 6c4w a-.4.,j tmo W _P (6)) (-1 1 ZAfX_L ov,-� pqapoon-v - U - ------------- n.1 G. PAGE -13- Discussion and update on Okeechobee Utility Authority issues - Bob Oliver. � G-4 Il I �-, I � tr&- *mtK�&-t Vw cx)-N� �� /Tj[��, ADDED ITEM TO THE AGENDA H. Council Member moved to adopt Resolution No. 03-13 authorizing and requesting that certain items be presented to the Okeechobee legislative delegation - City Attorney (Exhibit 10); seconded by Council Member Lin Attorney Cook read proposed Resolution No. 03-13 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING AND REQUESTING THAT CERTAIN ITEMS BE PRESENTED TO THE OKEECHOBEE LEGISLATIVE DELEGATION FOR INCLUSION IN THE OFFICIAL LEGISLATIVE DELEGATION REQUESTS TO THE FLORIDA LEGISLATURE FOR THE 2003- 2004 LEGISLATIVE SESSION, PROVIDING AN EFFECTIVE DATE." VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION`1� - DENIED IV. CITY OF OKEECHOBEE NOVEMBER 4,2003 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE I OF 5 CALL TO ORDER - Mayor: November 4, 2003, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Hernan Afanador, Church of Our Saviour. 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 PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim the month of November as "National Epilepsy Awareness Month." V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the October 21, 2003 Regular Meeting. NOVEMBER 4,2003 - CITY COUNCIL AGENDA - PAGE 2 OF 5 V1. 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.I.a) Motion to remove from the table proposed Ordinance No. 838 b) Vote on motion to remove from the table. - A 2.a) Motion to read by title only proposed Ordinance No. 838 amending Subdivisions Chapter 86 of the LDR's - City Attorney (Exhibit 1). b) Vote on motion to read by title only. C) City Attorney to read proposed Ordinance No. 838 by title only. 3.a) Motion to adopt proposed Ordinance No. 838. b) Public Comments and discussion. C) Vote on motion. B.1.a) Motion to read by title only proposed Ordinance No. 840 amending the Municipal Police Officers' Pension Trust Fund - City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 840 by title only. NOVEMBER 4,2003 - CITY COUNCIL AGENDA - PAGE 3 OF 5 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.2.a) Motion to adopt proposed Ordinance No. 840. b) Public Comments and discussion. c) Vote on motion. C.I.a) Motion to read by title only proposed Ordinance No. 841 amending the Municipal Firefighters' Pension Trust Fund - City Attorney (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 841 by title only. 2.a) Motion to adopt proposed Ordinance No. 841. b) Public Comments and discussion. c) Vote on motion. D.I.a) Motion to read by title only proposed Ordinance No. 843, amending the Future Land Use Map, Application No. 03-009-SSA submitted by Michael and Dorian Swygard - City Planning Consultant (Exhibit 4). b) Vote on motion to read by title only. -j c) City Attorney to read proposed Ordinance No. 843. 2.a) Motion to adopt proposed Ordinance No. 843. b) Discussion. c) Vote on motion. NOVEM13ER 4.2003 - CITY COUNCIL AGENDA - PAGE 4 OF 5 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. EA.a) Motion to read by title only proposed Ordinance No. 844, amending the Future Land Use Map, Application No. 03-010-SSA submitted by Jimmy and Sheryl Byrd - City Planning Consultant (Exhibit 5). b) Vote on motion to read by title only. C) City Attorney to read proposed Ordinance No. 844. 2.a) Motion to adopt proposed Ordinance No. 844. b) Public comments and discussion. C) Vote on motion. Vill. UNFINISHED BUSINESS. A. Motion to appoint Louise Chandler to the Police Pension Fund Board of Trustees, term beginning November 5, 2003 and ending September 30, 2005 - City Clerk. IX. NEW BUSINESS. A.1.) Motion to read by title only and set NovemberX2003 as a public hearing date, proposed Ordinance No. 845 amending the Zoning Map, Application No. 03-007-R submitted by Robert and Betty Braun - City Planning Consultant (Exhibit 6). b) Vote on motion to read by title only. C) City Attorney to read proposed Ordinance No. 845. NOVEMBER 4,2003 - CITY COUNCIL AGENDA - PAGE 5 OF 5 IX. NEW BUSINESS CONTINUED. A.2.a) Motion to approve the first reading of proposed Ordinance No. 845. b) Public comments and discussion. C) Vote on motion. B.I.a) Motion to read by title only and set NovemberW, 2003 as a public hearing date for proposed Ordinance No. 846 regarding restriction on placementof mobile homes within the City - City Attorney (Exhibit 7). -4 b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 846. 2a) Motion to approve the first reading of proposed Ordinance No. 846. b) Public comments and discussion. c) Vote on motion. C. Motion to approve a Letter of Interest between the City and Olde-Tyme Construction, Inc. pertaining to the Industrial Park - City Administrator (Exhibit 8). D. Discussion related to authorizing staff to reprogram or resubmit the EDTF Grant - City Administrator. E. Motion to approve the acquisition of twenty-three new police cars through the 2003/2004 Police Car Leasing Program - City Administrator. F. Motion to approve a financing proposal through the 2003/2004 Police Car Leasing Program - City Administrator (Exhibit 9). G. Discussion and update on Okeechobee Utility Authority issues - Bob Oliver. X. ADJOURN MEETING. PLEASE TAKE NOTICE AND BE ADVISED " 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. -(Z � ;!qlLix3) Aaujo:4V Al!o - Vd 'llessnl:l V jalsnqoS 'ql!wS 14�sojooV4 'uapn�j ql!m lu9w99j6V lesunoo le6e-1 e 6ulAoidde jap!suoo 'r w3ii SS3NisnsM3N -UOIIOW UO GIOA (0 uoissnosiC] (q -LV9 'ON 93UeUIPJ0 paosdoid jo BUIPeW ISJg 9qj GAoidde ol uoijoVy (e -Z Ajuo,qjjq Aq LVS 'ON eoueuipio pasodoid peei ol A9ujO:4V Al!o (o -alep buijeat4 oilqnd jes pue Aluo all!j Aq Pe9J 04 uO4OW uO 910A (q *(� � jjq!Ljx3) Aaujo:4V Al!o - s1415iH Pajs9A JOI U01439S e BU489J3,LV9 'ON 93UeUIPJ0 pasodoid jol glep bu!JeGH oilqnd e se COOZ -9 � jaqW9AON 49s pue Aluo elpl Aq pegi ol uOIJOIN (e 'I W311 SS3NisneM3N , (o � 4!q!Lix3) A9ujo:qV Aj!o - UOIJB6919(] 9AIJBIS169-1 trooZ 944 ol paluesaid aq ol swel! C�-E:o "ON uoijnjosa�j pasodoid Idope ol uoijoIN 'H W311 SSMisneWN vaN30V EOOZ'V AON 3HI o.L aav oi SW311 I Offied of the Mayor Okeechobee, Flodda �Aepsy, also known as Seizure Disorder, has afflicted mankind since the dawnof our species and has rtestmiedical. writings; and as 400 B.C., Hippocrates, the Father of Medicine, repudiated ancient beliefs that Epilepsy wass a vW Ad sacred or that it was a curse from the gods that people afflicted with this disorder held prophetic ;d that Epilepsy was a brain disorder; and is a sudden, briefattackof altered consciousness, motor activity or sensory phenomena. It is a sign tw-pcp ikxifts) are discharging an excessive amount of electrical impulses; and pilep-ay,q,in be caused by injury to the brain, lack of oxygen at birth, brain tumor, infection and brain he*rrh4 the cause is unknown; and *epsy can affect anyone, at any age and at any time; and ore ilian'two million Americans are afflicted with some type ofEpilepsy. Ofthis number, 150,000 are Flori&;�4 id�ninistrafion of anticonvulsant drugs, two-thirds (66.66%) ofthose afflicted with EpileMyire co6a &4ftducation about this disorder has contributed to age old myths, superstitions and prejudices-, and" o gina associated with this disorder is sometimes worse than the disorder itselt and who have Epilepsy make reliable and conscientious workers in job performance, productiv ty, sat-0- ,We 64m ar;i I 4�s'carried out in die UNITED STATES over the past thirty years have indicated that ofall disabilities., st barrier to employment with unemployment rates estimated to fall between twenty and twenty-flye 0- PeTMVPIP Oe�sy should not be a barrier to success. In addition to the normal requirements for success, a per' *ho h9 , isupportive environment and employers who are willing to give them an oppommity to becon: ft WOkF, L James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee,-4.hefo onth of November as "NA TIONAL EPILEPSY A WAREAESS MON7W." In vAtn G ve,h6m' hand am d a usW th J'" -Lamp W Z: 114" � . 7V 7 7 r�, .7�,-:-Whereas, at the heart of the educational system is the educat or ed to sharing his or her knowledge with the students; and devot .�j Whereas, Florida is home to many retired educators who have spen ost of their lives giving of themselves to the educational system students; and t t Wiereas, the Retired Educators of Florida plan to celebrate a S1 a e ire th �e ".'Educators Day on November 16 in honor of those years of seML xi� sti&, -NoW Therefore, I James E. Kirk, by the virtue of the authority ve lqng m�d- me as Mayor of the City of Okeechobee, do hereby extend gree best wishes to all observing Retired Educators Day, November 16,'2063.'. -qz av&= -9, haw At,�, ja�--/fty- ja -F 0A-A I CIP&wnA, 4, 900Y 7V % . . . ...... L JEB BUSH GC)-,,-ERN,(-)R OF THE STATE OF FLORIDA Retired Educators Day WHEREAS, at the heart of the educational system is the educator who is devoted to sharing his or her knowledge with the students; and WHEREAS, Florida is home to many retired educators who have spent most of their lives giving of themselves to the educational system and its students; and WHEREAS, the Retired Educators of Florida plan to celebrate a State Retired Educators Day on November 16t', in honor of those years of service; NOW, THEREFORE, 1, Jeb Bush, Governor of the State of Florida, do hereby extend greetings and best wishes to all observing Retired Educators Day, November 16, 2003. IN WITNESS WHEREOF I have hereunto set my h;nd and caused the Great Seal of the State of Florida to be affixed at Tallahassee, the Capital, this 9th day of September in the year of our Lord two thousand three. GOVERNOR �a d.��j EXHIBIT 1 — NOVEMBER 4 AGENDA ORDINANCE NO. 838 AN ORDINANCE OFTHECITYOF OKEECHOBEE, FLORIDAAMENDING LAND DEVELOPMENT REGULATIONS, ORDINANCE NUMBER 669; PARTICULARLY CHAPTER 86 SUBDIVISIONS, ARTICLE 11 THEREOF; TO PROVIDE FOR ADMINISTRATIVE REVIEW OF PRELIMINARY PLAT APPLICATIONS; PROVIDING FOR ADMINISTRATIVE PRELIMINARY APPROVAL, DENIAL OR MODIFICATION OF PRELIMINARY PLATS; PROVIDING FOR DEVELOPER TO SUBMIT COPIES OF SAID PLAT APPLICATIONS TO THE CITY COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Land Development Regulations for the City of Okeechobee, Florida, Chapter 86, Article 11, thereof, currently requires that developers submit to the City Council all preliminary plat applications for review, approval, denial or modification; and requires four copies to be submitted; and WHEREAS, the City of Okeechobee has organized certain Citizen Boards to review all building permit applications and site plan review and approvals, and also submits such applications to Department Heads, and utility providers for review and comment; and WHEREAS, such Citizen Boards provide a valuable service to both the City of Okeechobee and its citizens, in that such boards may review development applications, determine sufficiency with applicable codes and Comprehensive Plan, and provide a developer with direction on a particular application prior to submission of final plans for approval and obtaining a development permit; and WHEREAS, such procedures before the Citizen Boards could also be utilized for preliminary plat approvals, thereby providing the developer the technical information needed to correct, amend or proceed on an application without first having to appear before the City Council; and NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that Ordinance Number 669, Chapter 86 Article 11, be amended in the following respects, with any language to the contrary in existing regulations deemed rescinded and replaced: SECTION 1. AMENDMENTS. Sec. 86-42. Preapplication procedure. (a) Prior to the filing on an application forconditional approval of thepreliminary plat, the developer or subdivider shall submit to the City eouneil, through the General Services Department emty admnMstrater for review by City personnel and the Technical Review Committee, plans and data as specified in this subpart B. This step does not require formal application fee, or filing of plat with the City Council. The specified plans and data shall be filed with the City Building Official Administratef who will in turn refer the material to appropriate City Departments for review, comment, criticisms and suggestions., and in turn submit them with the preapplication plans and data to the Technical Review Committee Gity Getineff. (b) Within thirty (30) days after receipt by the City of the preapplication material, the Technical Review Committee Gity Geun shall meet, review the materials, comments and data as submitted or modified, and inform the developer whether that the plans and data, as submitted or as medified, do or do not meet the objectives of this chapter and the City Comprehensive Plan. When the Committee Gity finds the plans and data do not meet the objectives of this chapter, it shall express in writing the reasons therefore. Sec.86-43. Procedure of conditional approval of preliminary plat and approval of construction plans for required improvements. (b) Eleven Few copies of the preliminary plat, improvement and construction plans, Technical Review Committee Comm2nts, and supplementary material specified shall be submitted to the City Council through the City Administrator with written application for conditional approval at least 14 days prior to the meeting at which it is to be considered. SECTION 2. REMAINDER OF SECTIONS. In all other respects not otherwise herein amended, Chapter 86, Article 11, Sections 86-42 and 86-43 shall remain in full force and effect. SECTION 3. SEVERABILITY. In the event any portion of this ordinance as amended, should be deemed to be unenforceable by a court of competent jurisdiction, the remainder shall remain in full force and effect. SECTION 4. EFFECTIVE DATE. This ordinance shall become effective immediately upon its adoption. INTRODUCED for first reading and public hearing on the 7 1h day of October, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk ADOPTED after second reading and second public hearing on the 16 1h day of October, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney REVISED EXHIBIT 1 ORDINANCE NO. 838 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING LAND DEVELOPMENT REGULATIONS, ORDINANCE NUMBER 669; PARTICULARLY CHAPTER 86 SUBDIVISIONS, ARTICLE 11 THEREOF; TO PROVIDE FOR ADMINISTRATIVE REVIEW OF PRELIMINARY PLAT APPLICATIONS; PROVIDING FOR ADMINISTRATIVE PRELIMINARY APPROVAL, DENIAL OR MODIFICATION OF PRELIMINARY PLATS; PROVIDING FOR DEVELOPER TO SUBMIT COPIES OF SAID PLAT APPLICATIONS TO THE CITY COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Land Development Regulations for the City of Okeechobee, Florida, Chapter 86, Article 11, thereof, currently requires that developers submit to the City Council all preliminary plat applications for review, approval, denial or modification; and requires four copies to be submitted; and WHEREAS, the City of Okeechobee has organized certain Citizen Boards to review all building permit applications and site plan review and approvals, and also submits such applications to Department Heads, and utility providers for review and comment; and WHEREAS, such Citizen Boards provide a valuable service to both the City of Okeechobee and its citizens, in that such boards may review development applications, determine sufficiency with applicable codes and Comprehensive Plan, and provide a developer with direction on a particular application prior to submission of final plans for approval and obtaining a development permit; and WHEREAS, such procedures before the Citizen Boards could also be utilized for preliminary plat approvals, thereby providing the developer the technical information needed to correct, amend or proceed on an application without first having to appear before the City Council; and NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that Ordinance Number 669, Chapter 86 Article 11, be amended in the following respects, with any language to the contrary in existing regulations deemed rescinded and replaced: SECTION 1. AMENDMENTS. Sec. 86-42. Preapplication procedure. (a) Prior to the filing on an application for conditional approval of the preliminary plat, the developer or subdivider shall submit to the City eoune", through the General Services Department for review by City personnel and the Technical Review Committee, plans and data as specified in this subpart B. This step does not require formal application fee, or filing of plat with the City Council. The specified plans and data shall be filed with the City Building Official Administrat who will in turn refer the material to appropriate City Departments for review, comment, criticisms and suggestions, and in turn submit them with fite, preapplication plans and data to the Technical Review Committee,1%7�pity�%.o-v-u-i-it,-TIT. (b) Within thirty (30) days after receipt by the City of the preapplication material, the Technical Review Committee Gity Goun shall meet, review the materials, comments and data as submitted or modified, and inform the developer whether th-at the plans and data, as submitted or as modified, do or do not meet the objectives of this chapter and the City Comprehensive Plan. When the Committee Gity finds the plans and data do not meet the objectives of this chapter, it shall express in writing the reasons therefore. Under no circumstance shall the developer be permitted to proceed with development prior to the approval of the Committee, and conditional prellimina!y plat approved by the Cily Council. Sec. 86-43. Procedure of conditional approval of preliminary plat and approval of construction plans for required improvements. (b) Eleven F-ow copies of the preliminary plat, improvement and construction plans, Technical Review Committee Comments, and supplementary material specified shall be submitted to the City Council through the City Administrator with written application for conditional approval at least 14 days prior to the meeting at which it is to be considered. SECTION 2. REMAINDER OF SECTIONS. In all other respects not otherwise herein amended, Chapter 86, Article 11, Sections 86-42 and 86-43 shall remain in full force and effect. SECTION 3. SEVERABILITY. In the event any portion of this ordinance as amended, should be deemed to be unenforceable by a court of competent jurisdiction, the remainder shall remain in full force and effect. SECTION 4. EFFECTIVE DATE. This ordinance shall become effective immediately upon its adoption. INTRODUCED for first reading and public hearing on the 7 th day of October, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk ADOPTED after second reading and second public hearing on the 16 1h day of October, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney EXHIBIT 2 - NOVEMBER 4 AGENDA ORDINANCE NO. 840 AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE 749, AS SUBSEQUENTLY AMENDED; AMENDING SECTION 1, DEFINITIONS, BY AMENDING THE DEFINITION OF "ACCUMULATED CONTRIBUTIONS"; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREVATH AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF OKEECHOBEE, FLORIDA; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, adopted pursuant to Ordinance No. 749, as� subsequently amended, is hereby further amended by amending Section 1, Definitions, by amending the definition of "Accumulated Contributions", to read as follows: Accumulated Contributions means a Member's own contributions with interest at the rate of five and one -quarter percent (5-1/4%) per annum through September 30, 1993., and four and one -quarter percent (4.25%) per annum theFeaftef through October 30, 2003 and three percent (3%) per annum thereafter comDOunded annually on September 30. Interest is not prorated on Member contributions during a Plan Year. For those Members who purchase Credited Service at no cost to the System, any payment representing the amount attributable to Member contributions based on the applicable Member contribution rate, and any payment representing interest and any required actuarially calculated payments for the purchase of such Credited Service, shall be included in Accumulated Contributions without the crediting of interest of four and one quafter pereent (4 1/4%) per annum. SECTION 2: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Okeechobee. SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 5: That this Ordinance shall become effective upon adoption. Page 1 of 2 INTRODUCED on first reading and set for public hearing this 21 ST day of October, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk ADOPTED after second reading on this Wh day of November, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor EXHIBIT 3 - NOVEMBER 4 AGENDA ORDINANCE NO. 841 AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS'PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE NO. 750; AS SUBSEQUENTLY AMENDED; AMENDING SECTION 1, DEFINITIONS, BY AMENDING THE DEFINITION OF "ACCUMULATED CONTRIBUTIONS"; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF OKEECHOBEE, FLORIDA; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, adopted pursuant to Ordinance No. 750, as subsequently amended, is hereby further amended byamending Section 1, Definitions, to amend thedefinition of "Accumulated Contributions" to read as follows: Accumulated Contributions means a Member's own contributions with interest at the rate of five and one -quarter percent (5-1/4%) per annum through October 30, 2003 and three percent (3%) per annum thereafter compounded annually on September 30. Interest is not prorated on Member contributions during a Plan Year. Forthose Members who purchase Credited Service at no cost to the System, any payment representing the amount attributable to Member contributions based on the applicable Member contribution rate, and any payment representing interest and any required actuarially calculated payments for the purchase of such Credited Service, shall be included in Accumulated Contributions without the crediting of interest of five amd eme quarter pereemt (5 1/4%) pereemt per ammumi. SECTION 2: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Okeechobee. SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 5: That this Ordinance shall become effective upon adoption. Page 1 of 2 INTRODUCED on first reading and set for public hearing this 2111 day of October, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk ADOPTED after second reading on this Wh day of November, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor ExnIBIT 4 — NoVEMBER 4 AGENDA ORDINANCE NO. 843 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 636 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) for a small-scale amendment to the Future Land Use Element of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Land Planning Agency at a duly advertised meeting, and submitted by staff report, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part 11, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amend-ment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part 11, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. The following described land is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: Application No. 03-009-SSA, from Residential Single -Family to Multi -Family. The Legal Description of Subject Property is as follows: Lots 5, 6, 7, and 8 of Block 5, Wrights First Addition to Okeechobee, according to the plat thereof recorded in Plat Book 1, Page 13, of the public records of Okeechobee County, Florida. Also all that portion of the abandoned alleyway in Block 5, bounded on the West by Lots 6 and 7 and on the East by Lots 5 and 8, Wright's First Addition to Page 1 of 2 Okeechobee, according to the plat thereof recorded in Plat Book 1, Page 13, Public Records of Okeechobee County, Florida. SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 6. 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 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 843 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the Wh day of November, 2003. ATTEST: Lane Gamiotea, City Clerk ADOPTED after first reading on the 4TH , day of November, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 1375 Jack Street, Suite 206 Fort Myer , Plorida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(a-),att. net Staff Report —Small S%^.=*-,%Ie Complavhensive Plan Preparedfor.- Applicant: From: Petition No.: Amendment The City of Okeechobee Michael & Dorian S-Kygard Single -Family Residential to Multi -Family Residential 03-009-SSA Staff Report Applicant: —Michael & Dorian Swygard Small -Scale Comprehensive Plan Amendment Petition No. 03-009-SSA General Information Owner: Michael & Dorian Swygrad Owner Address: 9175 Apache Boulevard West Palm Beach, FL 33412 Owner Phone Number: 561-753-8569 Future Land Use Map Classification Existing Single Family Residential Proposed Multi -Family Residential Zoning District Residential Multi - Family Use of Property Vacant Two tripl xes Acreage 0.69 0.69 Access S.E. 10"' Avenue S.E. I oth Avenue Location: S.E. I 01h Avenue between S.E. 5 th and S.E. 6 th Streets Legal Description: Lots 5, 6, 7, and 8, Block 5, of Wright's First Addition to Okeechobee, according to the plat thereof recorded in Plat Book 1, Page 13, public records of Okeechobee County, Florida and all that portion of the abandoned alleyway in Block 5, bounded on the West by lots 6 and 7 and on the East by lots 5 and 8, Wright's First Addition to Okeechobee, according to the plat thereof recorded in Plat Book 1, Page 13, Public Records of Okeechobee County, Florida. Request: The applicant requests a change in the Future Land Use Map classification at the subject property from Single Family to Multi Family Residential. The property is 0.69 acres. This would allow approximately six units in the Residential Multi -Family Zoning District as the Residential Multi -Family District allows 10 dwelling units to an acre. The roperty is in the middle of Block 5 with street access for lots 5 and 8 from S.E. lOt'Avenue. 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: Single Family Residential Residential Multi -Family Lot 3, duplex, Lot 4, vacant Single -Family Residential Residential Multi -Family Single Family and Triplex (Lots 7, 10,11) South: Future Land Use Map Classification: Single -Family Residential Zoning District: Residential Multi -Family Existing Land Use: Single Family West: Future Land Use Map Classification: Single -Family Residential Zoning District: Residential Single -Family [PAGE ) Staff Report Small -Scale Comprehensive Plan Amendment Existing Land Use: L Applicant: Michael & Dorian Swygard Petition No. 03-009-SSA Single Family This area is within several blocks of city Multi -Family Zoning although the Future Land Use map designation for this several block area remains Single Family. Block 5 should probably be changed to Multi -Family Residential as this area is already showing Multi -Family Residential characteristics. Comprehensive Plan Analysis -I A. Consistency with the Land Use Categories and Plan Policies. In examining the Multi -Family Residential Future Land Use category the subject property would seem to be more consistent with these related Comprehensive Plan policies. B. Concurrency of Adequate Public Facilities The Utility Authority has sewer and water service availability for this site. C. Compatibility with Adjacent and Nearby Land Uses The neighborhood is showing enough transition to allow Multi -Family development. D. Compliance with Specific Standards of the Plan. There is evidence reflecting that this area is a transitional Multi -Family neighborhood. All site development mechanisms can be utilized to assure compatibility with existing single family residence. Analysis and Conclusions The request to change the Future Land Use designation for the subject property from Single -Family Residential to Multi -Family Residential should be approved consistent with the data and analysis above. Submitted by: James G. LaRue, AICP October 21, 2003 (PAGE ) 11111hibig and Z011111K Departruent COMPREHENSIVE PLAN MAP AMENDMENT APPLICATION XS i i wit Scale Aniendinont (Undar 10 Acres) Name of Property Owner MailingAddress Please check one: 01-arge Scale Amendment (Over 10 Acres) t1V&Sr 1111-11 i?t:�"J.C/1' 331112- Home Telephone - C-1 t-1 Work Telephone Narne of Applicant, *If other than owner, (relationship) Applicant Mailing Address I lome Telephone _ Property Address/Location Property Parcel Number Work Telephone ,I V'f . P�C-7-41;c6P) 5 .� - Z 2 - 3 2 -- 3'�- - C'Z 3- - <-� (,,-, - c &.�- 0 Current Zoning Designation f2ES� I D CA; 7'jA Z- M 0 (- 7-1 1'4Z C^-i )L- Current FLIttire I -and Use Designation I" '-" 4 Existing Use of the property Vl� OAI) T- e- I/W i� Proposed Future Land Use Designation /\,) UL 7' / Proposed Use of the Property �� L� I "- E' 7.-Wo T711 I v, z S Size of Proper!y (in acres) C. u 9 A C '2 CF �' - --�K (F '- 'T),'l 5'11)6C f,-119 /L 'I C 0 LP'�-L Description of Surrounding Properties — I - 7 Legal Description of Property (Lengthy Description May Be Attached) " 1�7 '�' I , ? .'),v Z' S 2�CCV- Ct: L, I fZ6 14 i 'S -114-5 7 ejt- �) / F70 J 7-.�- 6 "--C 114 0 i3 C6, �WC C,- 0, �IJC 7-3 10C 1 '6. 1 -'- C. i-- C 6 C c- . '' 1/0 i1e. I; C'.� I,-. I '�'l (' u 13 . 0 t- I/Ic C� lt:C6 C r4 L) -L"J� Cc k; 'i Tj A /A AJ ') /11L, T-41) 7- Reguired Attachments: • Survey of Property (11" x 14", 20" Scale) • Letter Outlining Request • *Notai ze�Lette7rfl zation -,ner�,, Aul(iori Signature- f::l Z • Application Fee $500.00 • City Location map Date / / 1 -2, September 11, 2003 City of Okeechobee Board of Adjustments, Land Planning Agency and Planning Board: I currently own parcel number 3-22-37-35-0230-00050-0050, located inside the city limits of the City of Okeechobee. This parcel ofland contains four vacant lots. The land size is one hundred feet facing the street by three hUndred feet deep. I Would like to build two triplexes. One triplek would go on lots 6 and 7. The other triplex would go on lots 5 and 8. Sincerely, Michael Swvgard LN I 17 19 1215 p 17 2 0 6 2 1 22 4 23 prr 2 JA CANAL, 2 3 F 4 4 I I k 1 2 7 9 10 11 2 2 RC CANAL ------------ 2 it S.E.5 TH, STREET 2 3-22-37-35-0230-00050-0050 ?v ATURANA MIRTHA 1 i'_ftl 998 - $11 000 viu 9 S.E.OTH STREET 2 �7 2 1 2 91 1� IIJ 4 3 3 4 :z W 6 5 10 to ly 9 to 0 11 12 it 12 11 14 .4f, S.E.7 TH STREET 1 F__Ill —I—) F__l 45-1 2 3 6 7 to 11 12 A,lc,7ulL&f n-cvL�,Y/ mint. kc.— U5 �n 71 0 ?1) t., AJO >� xx S-;7.1 9 Ti I DR. an C: -,0 (-n CD >, v sc, tj W cn > cl < C. V1 .... ..... ... M po HDU�6 rn rn L 'L September 11, 2003 City of Okeechobee Board of Adjustments, Land Planning Agency and Planning Board: I currently own parcel number 3-22-37-35-0230-00050-0050, located inside the city limits of the City of Okeechobee. This parcel of land contains four vacant lots. The land size is one hundred feet facing the street by three hundred feet deep. I would like to build two triplexes. One triplex would go on lots 6 and 7. The other triplex would go on lots 5 and 8. Sincerely, y Michael Swygard C) RBF � is 9-E.5TH GTREET AVEr1r- ' I) P I LOT 2 LOT I REG I VErim LOT 5 LOT A P]EG 1 oerlcr� VACArIT RHF I n 3' Conc. ABS a: N89' 49' 44' E 0. 18'(F) 300'(P) LOT 5 A LOT 6 r VA— Tr 22 A 6 COMA I I`U 0. 0 ACIWG LOT 7 7 LOT 8 Uj SB9*50'i2'W 31 19'(F) 300'(P) FC:. 04'S. P!Fo I n. RBS C nC FC: 4. 9'E. 0. I'S. 3 LOT 10 LOT 9 REG I very-M LOT 1 1 LOT 12 9. E. 6TH GTREET AVErLr= ' C P I 40'(P) Sflg'48'47'W 145.15'(F) 145'(P) —S89.56'51'W 155.62'(F) i55'(P) 39.75'[F) 1) RBF W/Cap 11 IPF 2* 1 OF No. 5 178 V IPF ZFN 115 TIM I CAL LEGIRV (WHERE APPLICABLE -SEE MAKING) PAM-PERKAMENT REFERENCE MONUMENT PCP_PERMAMENT CONTROL POINT CNIF -CONCRETE MOHLIMENT FOUND CHS-CONCRETE MONUMENT SET RBF-REBAA FOUND RBS_REBAA SET w/Cap No. 5178 IPF-IRON P RE FOUND IR POL-POIKT-ON-LINE UTS-UNITED TELEPHONE SERVICE FPL-FLORIDA POWER I LIGHT CO. 1FI-FIELD MEASURE (P)-AS PER PLAT C -CALC.DISTANCE (D)-AS PER DEED S/T-SEPTIC TANK NH -WANHOLE FC -FENCE CORNER PP -POWER POLE CMP-CMIM NET. PIPE TDS-TOP OF BANK ACP-REIMF.CONC. PIPE CB -CATCH BASIN DYCK. L I ME NM -WATER METER FENCE LINE UG -UNDERGROUND 1. Bearings shown are relative assuming H00'00 00*11 along W.Property Line. 2. This survey Is based on information provided by the customer/agent and no search Was made of public records by this office to verify or deny owners, easesents.or right -of ways. 3. No visible or underground, (:provement has been located except a hown. A. This survey is not valid without the signature and the orlt�nal raised seal of a Florida cansed Surveyor and Mapper. 5. Acc arding to FIRM map dated 2/04/081. panel - 12007 02008. parcel lies In Not Included Area of City Limits. Flood Zone C, per Okeechobee County Planning I Zoning Department. 6. There say be additional restrictions that are not recorded an this survey that may be found In the Public Records. QJZVC-Y OF' LOTS 5, 6, 7 AND 8. BLOCK S. WR I GHT'S F I PST ADDITION TO OKEECHOBEE, according to the plat thereof recorded In Plat Book I. Page 13 Public Records of Okeechobee county . horlda. ALSO: ALL THAT PORT ION OF THE ABANDONED ALLEY OR ALLEYWAY IN BLOCK 5.BOUNOED ON THE WEST BY LOTS 6 AND 7 AND ON THE EAST BY LOTS 5 AND O.WRIGHT'S FIRST ADDITION TO OKEECHOBEE. accord Ing to the plat thereof recorded In Plat Book I.Page 13,Publlc Records of Okeechobee County,Florida. U) M' '21 t, -i H) M CL Esthtei"M s E pw SMUT S.c3WVM-- FUTURE LAND USE 2000-,. C I TY OF OKEECHOBEE T 7, SINGLE - FAMILY MULTI - FAMILY COMMERCIAL INDUSTRIAL M PUBLIC FACILITIES 0 ts At ON WN loom MEN one V lt2j t6 October 28, 2003 - Land Planning Agency - Page 2 of 3 ACTION - DISCUSSION - VOTE AGENDA IV. New Business. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 03-009- SSA. Consider a recommendation to the City Council, to change the land use designation from Single Family to Multi -Family located in Block 5, Wright's Addition, at S.E. 10' Avenue, between S.E. 5" Street and S.E. 6 1h Street. The property owners are Michael and Dorian Swygard. Jim LaRue, of LaRue Planning and Management, City Planning Consultant, addressed the Agency by reviewing Planning Staff s recommendations. Mr. LaRue explained that this area is within several blocks of Multi -Family zoning, and with the change in the Future Lane Use the subject property would seem to be more consistent with Comprehensive Plan Policies. The Okeechobee Utility Authority has water and sewer available for this site. The neighborhood is showing enough transition to allow a Multi -Family development. Planning Staff is recommending approval based on the findings mentioned above. Agency Member McCoy questioned whether the access would be from I oth Avenue. Mr. LaRue responded yes, there is an alley that cuts accross part of the block, it connects to the property, but does not run through it. Agency Member Keller moved to recommend to City Council to approve Application No. 03 -009- SSA to change the land use designation from Single Family to Multi -Family based on the findings contained in the Planning Staff Report and that the application is consistent with the Comprehensive Plan; seconded by Agency Member Creech. VOTE CREECH - YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA MOTION CARRIED. B. Comprehensive Plan, Future LandUse Map AmendmentApplicationNo. 03-010- Mr. LaRue addressed the Agency by reviewing Planning Staffs recommendations. He briefly SSA. Consider a recommendation to the City Council, to change the land use noted several of the land use designations that were established to manage future growth. He also designation from Commercial to Multi -Family located within Block 800 of S.W. mentioned that sewer and water service were available at this site. The site is near other multi- 2 d Street. The property owners are Jimmy and Sheryle Byrd. family developments, as well as commercial uses, and that landscaping could be used as a buffer 11 between the uses. In conclusion he recommended approval. Vikki Aaron, representative of the applicants, addressed the Agency. She mentioned that the future use of this property would be to house a duplex or triplex. October 28, 2003 - Land Planning Agency - Page 3 of 3 AGENDA ACTION - DISCUSSION - VOTE IV. New Business continued. B. Comprehensive Plan, Future Land Use Map Amendment Application No. 03-0 10- Agency Member Keller moved to recommend to City Council to approve Application No. 03-010- SSA, continued. SSA to change the land use designation from Commercial to Multi -Family based on the findings contained in the Planning Staff Report and that the application is consistent with the Comprehensive Plan; seconded by Agency Member McCoy. V. Adjournment- Chairperson PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning Agency with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. William Ledferd, Vice -Chairperson ATTEST: Katrina Vinson, Secretary VOTE CREECH - YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA MOTION CARRIED. There being no ftirther items on the agenda Vice -Chairperson Ledferd adjourned the meeting at 8:20 p.m. September 23, 2003 - Land Planning Agency - Page 4 of 4 ExHIBIT 5 - NOVEMBER 4 AGENDA ORDINANCE NO. 844 AN ORDINANCEOF THECITYOF OKEECHOBEE, FLORIDAAMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) for a small-scale amendment to the Future Land Use Element of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Land Planning Agency at a duly advertised meeting, and submitted by staff report, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part 11, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part 11, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. The following described land is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: Application No. 03-010-SSA, from Commercial to Multi -Family Residential. The Legal Description of Subject Property is as follows: Lots 6,7, and 8 of Block 201, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. Page 1 of 2 SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. 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 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 844 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the Wh day of November, 2003. ATTEST: Lane Gamiotea, City Clerk ADOPTED after first reading on the Wh day of November, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 _375 Jacks��Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(ii),att.net Staff Report -Small Scale Comprehensive Plan Amendment Preparedfor: The City of Okeechobee Applicant: Vikki Aaron, Agent From: Commercial to Multi -Family Residential Pefifion No.: 03-010-SSA Staff Report Small -Scale Comprehensive Plan Amendment General Information Applicant: Applicant Address Applicant Phone Number: Owner: Owner Address Owner Phone Number: Vikki Aaron 2581 NW 63 d Ter. Okeechobee, FL 34972 863-467-4768 Jimmy & Sheryle Byrd P.O. Box 3170 Okeechobee, FL 34973-3171 863-763-0060 Applicant: Vikki Aaron Petition No. 03-010-SSA Future Land Use Map Existing Commercial Proposed Multi -Family Residential Classification Zoning District Heavy Commercial & Industrial (CHV) Use of Property Vacant Residential Multi -Family I housing I Access S.W. Second Street S.W. Second Street Location: 800 Block, SW Second Street Legal Description: Lots 6, 7, and 8 Block 201, City of Okeechobee, according to the plat thereof as recorded in Pat Book 5, Page 5, Public Records of Okeechobee County, Florida. The applicants request that the Future Land Use Map classification for the subject property be change from Commercial to Multi -Family Residential. I Adjacent Future Land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification: Commercial & Industrial Zoning District: Heavy Commercial & Industrial Existing Land Use: Commercial East: Future Land Use Map Classification: Single -Family Residential Zoning District: Industrial Existing Land Use: Commercial South: Future Land Use Map Classification: Single -Family Residential Zoning District: Residential Single Family & Industrial (PAGE ) Staff Report Applicant: Vikki Aaron Small -Scale Comprehensive Plan Amendment Petition No. 03-010-SSA Existing Land Use: Residential West: Future Land Use Map Classification: Multi -Family Residential Zoning District: Residential Multi -Family Existing Land Use: Multi -Family This property is located in an urban area where Multi -Family use is compatible with Commercial and other existing Multi Family uses. A. Consistency with the Land Use Categories and Plan Policies. Policy 2.1 of the Comprehensive Plan allows a variety of residential densities not to exceed 10 dwelling units an acre. This application would allow development consistent with this policy. I SEQ CHAPTER I \r I )Policy 2. 1: The following land use designations are established for the purpose of managing future growth: a) Single -Family Residential. Permitted uses are one single-family dwelling on each lot and structures accessory to the residential use, mobile home parks and public facilities. Maximum density is four units per acre for residential units on individual lots, and six units per acre for mobile home parks. Where affordable housing is provided in accordance with Housing Policy 1.6, the maximum density for single family development shall be five units per acre. b) Multi -family Residential. Permitted uses include apartments, duplexes, condominiums, single-family houses and public facilities. Maximum density shall not exceed 10 units per acre. Where affordable housing is provided in accordance with Housing Policy 1.6, the maximum density for multi -family development shall be I I units per acre. 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 ration of 3.00 and the maximum impervious surface for development within this category shall not exceed 85% of the site. (PAGE I Staff Report Applicant: Vikki Aaron Small -Scale Comprehensive Plan Amendment Petition No. 03-010-SSA d) Industrial. Permitted uses included large-scale manufacturing or processing activities. Also permitted are public facilities. Industrial 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. e) Public Facility. Permitted uses include parks, schools, government buildings, fire stations and other recreational and non -recreational B. Concurrency of Adequate Public Facilities Sewer and water service are available at this location. C. Compatibility with Adjacent and Nearby Land Uses The subject property is near other Multi -Family developments and Commercial uses. Multi -Family use at this location would be appropriate and compatible with adjacent uses. D. Compliance with Specific Standards of the Plan. This Small Scale Plan Amendment complies with the appropriate goals, objectives and policies of the City's Comprehensive Plan. I Analysis and Conclusions The requested Plan amendment is recommended for approval based on the above data and analysis. Submitted by: James G. LaRue, AICP October 20, 2003 (PAGE I C1 KE CHOBEE Building and Zoning Department COMPREHENSIVE PLAN MAP AMENDMENT APPLICATION Please check one: RISuriall Scale Amendment (Under 10 Acres) EiLarge Scale Amendment (Over 10 Acres) Name of Property Owner Jimy L. Byrd Sr. and Sheryle S. Byrd Mailing Address Pnst Office Box 3171 Okeechobee, Florida 34973-3171 Home Telephone —Work Telephone 863-763-0060 Name of Applicant, *If other than owner, (relationship) Vikki Aaron - agent Applicant Mailing Address 2581 NW 63rd Terrace Okee 4A- IAO-7� Home Telephone - Work Telephone mi-467-4768 Property Address/Location 800 Block S.W. Second Street Property Parcel Number R3-15-37-35-0010-02010-0060 Current Zoning Designation H�avy Commercial and Tndustrial Current Future Land Use Designation Commerrial PARF+ f"rNp_wpLm,� Existing Use of the property vacant Proposed Future Land Use Designation Multi-Farnily Proposed Use of the Property ReFij�,ntjal miflfi-family hL),,�jnq Size of Property (in acres) S,-p at 1ached gurvey Description of Surrounding Properties North - Commercial South - Residential nam=mmwsi� MUM �--AWLq Legal Description of Property (Lengthy Description May Be Attached)Lots 6,7, And a Block 201 City of Okeechobee Required Attachments: * Survey of Property (I V x 14", 20" Scale) e Application Fee $500.00 e Letter Outlining Request * City Location map o 11ollarized Letter of Owner's Authorization BOUNDARY SUVI*,,�Y PREPARED FOR JIM L__,SHERYL BYRD s ' 0KRi R00 — RCO BLOCK 198 (NO D)_05' NmTN-1i T S 90'WDO' E 300.00rm 3oo.3w(c) FOLAD W 2. 0.):�4 S.W. PARK M?.M ' CIN_ s lliroo'oo" NM MR WV IRIOD'(1) Ilsei—W) moo"(P C) _6129' FC) 100.00'(P) 100.02'(C) F.NDM5/ IRON > M A CAP 5/0- 1 "Al k 'RLs r .1 CARI. CAP o. 5,7a' — — I 'WS 5178' LAI'l C! LOT -1 -1 1 TOTAL PIRCII CONTAINS Vi *0.30 ACRES (VACANT) RON MF 5/11- 111. FM- 5/11- RION 0 "" ":. '_ j C) R- A. . CAP Ron & CA C_ 0,2' s' III I- I RATE 100.00.(P) 100.02.(C) 24— so w(p)(m) 36.6r c &_�_Aoo'oow W(�_s""`R I ALLEY (OPE 5 -00`00- E 225.30'(C) 0 o 'ANCHOR = NO (P) 7DIST.CE 0 _j 'Tw's Is .7`1,9 7 C_M 'DI.— — ,,a' Le T LOT 29 LOT & LOT 7 31 25 cl� g 0 0 Ns F E A C 350 T 10 -Ar A"A NORTH GRAPHIC SCALE 50 0 25 50 IN FEET ) I Inch - 50 ft. DESCRIPTION: LOTS 4 & 5, BLOCK 201, OKEECHOBEE, PROJECT SPECIFIC NOTES: AS RECORDED THEREOF IN PLAT BOOK 5, PAGE 5 1) UNLESS SHOWN OTHERWISE. ALL PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLOR16A. DIMENSIONS ARE PLAT(P) AND MEASURED(M). ADDRESS: 805 S.W. PARK STREET 2) DATE OF LAST FIELD SURVEY: 03/13/03. F.I.R.M. ZONE: ZONE UNDETERMINED, PARCEL LIES WITHIN OKEECHOBEE CITY LIMITS. PROJECT SPECIFIC LEGEND: PARCEL ID: 3-15-37-3,9-0010-02010-0040 WPP== WOOD POWER POLE STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted. No responsibility or liability Is as—ed by the sLirveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There ore no visible above ground encroachments except as shown. No attempt wag made to locate underground Improvements and/or encroachments (if any) as part of this survey. This sur vas prepared In accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 6IG17-6, F.A.C.) v.y w pursuant to Section 472.027, Florida Statutes. PREPARED FOR THE EXCLUSIVE USE OF: DESCRIPTION DATE BY CK JIM BYRD BOUNDARY SURVEY 03/18/03 WC JAW SHERYL BYRD DESCRIPTION REFERENCE: PROIADED BY CLIENT OR CLIENT'S REPRESENTATIVE FB/PG: 85/1-5,23-25 SCALE: I' - 50' BEARING REFERENCE: WEST R/W OF S.W. 9TH AVENUE, TAKEN TO BEAR N 00'00*34" W FILE: 17191 JOB NO: 17191-A TRAITEWINDS PROFESSJONAL SERVICES, INC. SURVEYORS AND MAPPERS 113 NW IlLh Avenue Okeechobee, FL 34972 Tel: (863) 763-2887 Kannel.1i A. Breaux. jr. (PSM 4820 4 f A.th—i—ti. N.� IM 671 n LEGEND O-Set Iron Rod and Cup TWPS 6719 IIII-Found CM 0-Found Iron Rod (and Cap) *-Found Nail (and Disk) ABBREVIATIONS lt-tjo:olln.; BM-B- 1,rn.,k; q-Cent.61n.; C-C.I.Oot"; CATV-Gabl. TV. CM- Coner I. kion—ent; CONC-C.—t.; D-D..d: A-D.H. or C.Ild An9l.: E-E.d; E-LY-E-t.dy. E/P-Edg. or P. -t; ESUT t; F.I.111A.-FloW I ...... P;z jRk( -Ee R.I. Wm; FND-F-4: IP-k- C)�Wan Rod (oN4 0 Cap); L-(A,c) Lmglh; kil-mea—d; LIH-Menhole; N-North; N'LY-N�Ihwly. "GV(D)-N,tIonaI Giodelic VwIIW (D4tum) 111 1929; HIS-N,t to Sc,l,: OHW-0�h,od WIr,r. it-Proverly Linc P�Ploj; PC -Point of C—ture; PCC-Point of CWM*Uftd CurwItwe; PCP- Pennonent Control Point; P013'P'Wnt R( Elginning; POC-P.Int .1 C—.---[; PA -Point .1 R— C.-t.r.; PRU-P..--t R.f.— Mon-1; PT-ftint or Toniq� PLI&D-Public Ulliftly and Droinog.; R-R.Nfi.., "-Right-ol-fty, S_ S,N,M: S Y-SoIthWiy, T�Tonqonli, EL-ToIIIPhon Splic. or Sndleh B..; W-W-1; �! LY-Weslwly; L1TIL�UIl1IIy(In2);,4P-Spot El—tion I— i'l --4 Vli5-10-: -rr o 3 1 if I d "A ! E t I I ; = 11 f g 10 20 10 13 1 .31 to 34 20 29 Ill ]a it c 7 TH $TAW (100.1 IND 10 5TWET (IW'l f i CDG 1 31 j::;!-, 7!!! 1 �10 1 '3 7 __jE.S tH SMT (70'1 j 3 led X 9.5 TH ST;Er-T 19 700-1— M'Es rw z z z — ---------- .7 2 al V PUB X 14 TH STW--T "S-p— .4 : 7 CPO OIT ;RSF I :t XX3 ;G STRUT UTT PUB TIM M. E 3 M STAMT 70' 1 :z Z 4 z 1 7 . . . . . . . . . . . . . ... -[77 j:;. STITE M-W 20 FL It 11W STWET (M 1 =Zz� S.I.P&W STW Clo'l 21� 22- PUB- T (7(rj z 7 RSFI L, Lj�cpc I C?O 7 I it 2 No ST;w (701) 70' 1 -7 I ya CHV IN 3 Q STW 70'1 S. I Pa MEE' (70'j r 70' 1 . .... ILE 3 Ra srAEr Eli 093tlij R, I S. IL 4 M S t CEV sv IV. October 28, 2003 - Land Planning Agency - Page 2 of 3 ACTION - DISCUSSION - VOTE AGENDA New Business. A. Comprehensive Plan, Future LandUse Map Amendment Application No. 03-009- SSA. Consider a recommendation to the City Council, to change the land use designation from Single Family to Multi -Family located in Block 5, Wright's Addition, at S.E. 10' Avenue, between S.E. 5" Street and S.E. 611 Street. The property owners are Michael and Dorian Swygard. Jim LaRue, of LaRue Planning and Management, City Planning Consultant, addressed the Agency by reviewing Planning Staff s recommendations. Mr. LaRue explained that this area is within several blocks of Multi -Family zoning, and with the change in the Future Lane Use the subject property would seem to be more consistent with Comprehensive Plan Policies. The Okeechobee Utility Authority has water and sewer available for this site. The neighborhood is showing enough transition to allow a Multi -Family development. Planning Staff is recommending approval based on the findings mentioned above. Agency Member McCoy questioned whether the access would be from 10' Avenue. Mr. LaRue responded yes, there is an alley that cuts accross part of the block, it connects to the property, but does not run through it. Agency Member Keller moved to recommend to City Council to approve Application No. 03-009- SSA to change the land use designation from Single Family to Multi -Family based on the findings contained in the Planning Staff Report and that the application is consistent with the Comprehensive Plan; seconded by Agency Member Creech. VOTE CREECH - YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA MOTION CARRIED. B. Comprehensive Plan, Future Land Use Map Amendment Application No. 03-010- Mr. LaRue addressed the Agency by reviewing Planning Staffs recommendations. He briefly SSA. Consider a recommendation to the City Council, to change the land use noted several of the land use designations that were established to manage future growth. He also designation from Commercial to Multi -Family located within Block 800 of S.W. mentioned that sewer and water service were available at this site. The site is near other multi- 2 d Street. The property owners are Jimmy and Sheryle Byrd. family developments, as well as commercial uses, and that landscaping could be used as a buffer 11 between the uses. In conclusion he recommended approval. Vikki Aaron, representative of the applicants, addressed the Agency. She mentioned that the future use of this property would be to house a duplex or triplex. October 28, 2003 - Land Planning Agency - Page 3 of 3 ACTION - DISCUSSION - VOTE AGENDA IF IV. New Business continued. B. Comprehensive Plan, Future Land Use Map Amendment Application No. 03-010- Agency Member Keller moved to recommend to City Council to approve Application No. 03-010- SSA, continued. SSA to change the land use designation from Commercial to Multi -Family based on the findings contained in the Planning Staff Report and that the application is consistent with the Comprehensive Plan; seconded by Agency Member McCoy. V. Adjournment- Chairperson PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning Agency with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. William Ledferd, Vice -Chairperson ATTEST: Katrina Vinson, Secretary VOTE CREECH - YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA MOTION CARRIED. There being no further items on the agenda Vice -Chairperson Ledferd adjourned the meeting at 8:20 p.m. September 23, 2003 - Land Planning Agency - Page 4 of 4 I EXHIBIT 6 — NOVEMBER 4 AGENDA ORDINANCE NO. 845 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 RESIDENTIAL MULTI -FAMILY (RMF) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition (Petition No. 03-007-R) pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 1.03 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, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. LEGAL DESCRIPTION Lots 7 through 12, of Block 142, City of 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 Heavy Commercial (CHV) Zoning District. SECTION 3. CONFLICT All ordinances or parts of ordinances in conflict herewith are hereby repealed. Page 1 of 2 I t 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 S. EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this Vh of Novembe 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 18" day of November, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 I 1375 Jack�_-t Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(a-),att.net Staff Repoit Rezoning Request Preparedfor.- The City of Okeechobee Applicant: Vikki Aaron Owner: Robert & Betty Braun From: Residential Mulfi-Family (RW)to Hemy Commercial (CHT) Petition No. 03-007-R Staff Report Applicant: Vikki Aaron Rezoning Request Petition No. 03-007-R I General Information Owner: Robert D. & Betty Suzanne Braun Owner Address: 96 Champions Boulevard Rogers, AR 72758 Applicant: Vikki Aaron Applicant 2581 NW 63 d Ter. Address: Okeechobee, FL 34972 Applicant Phone 863-467-4768 Number: Location: Property R-1 5-37-35-0010-01420-0070 Control Number Future Commercial Commercial Land Use Designation Zoning Residential Heavy Commercial District Multi- (CHV) Family (RMF) Acreage 1.03 1.03 Access Northeast Northeast Second Second Street Street 205 Northeast Second Street Legal Description: Lots 7 through 12, Block 142, Okeechobee according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. Request: The applicants request a change in zoning for the subject property from Residential Multi - Family (RMF) to Heavy Commercial (CHV). The purpose of the requested change in zoning is to secure a zoning district that will be compatible with the existing or possibly other commercial use and the Future Land Use map designation. Adjacent Future Land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification: Commercial & Multi -Family Residential {PAGE I L Staff Report Rezoning Request Zoning District: Existing Land Use: Applicant: Vikki Aaron Petition No. 03-007-R Residential Multi -Family Dental Offices East: Future Land Use Map Classification: Commercial Zoning District: Heavy Commercial Existing Land Use: Insurance Office South: Future Land Use Map Classification: Commercial Zoning District: Heavy Commercial Existing Land Use: Commercial / Residential (PAGE ) Staff Report Rezoning Request Applicant: Vikki Aaron Petition No. 03-007-R West: Future Land Use Map Classification: Commercial Zoning District: Heavy Commercial Existing Land Use: Professional Offices This property is designated Commercial on the Future Land Use map and the existing use of a mortuary is Commercial. The current Residential Multi -Family zoning is not consistent with the Future Land Use designation or the existing use of this property. Heavy Commercial allows a variety of uses which all can be implemented through the site development plan review process. I Analysis 1. The proposed zoning is not contrary to Comprehensive Plan requirements. The proposed zoning is compatible and consistent with the Comprehensive Plan. 2. The proposed zoning will not have an adverse effect on the public interest. This rezoning will not have an adverse effect on the public interest. 4. The zoning 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 zoning is compatible with adjacent uses, and there is a commercial use already existing at this site. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. Uses under this zoning will not adversely affect property values of adjacent property. 6. The proposed use can be suitably bufferedfrom surrounding uses, so as to reduce the impact ofany nuisance or hazard to the neighborhood Any new commercial uses contemplated for this site can be suitably buffered if needed. (PAGE ) Staff Report Rezoning Request Applicant: Vikki Aaron Petition No. 03-007-R 7. The proposed zoning will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. N/A 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety The current use has not created detrimental traffic conditions and it is not believed that other commercial uses would create detrimental traffic conditions. 9. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public we�fare. There would be no special privilege granted if this rezoning request is approved. Recommendation Staff recommends approval of the request to allow rezoning from Residential Multi -Family (RMF) to Heavy Commercial (CHV) based on the above data and analysis. Submitted by: James G. LaRue, AICP Planning Consultant October 21, 2003 {PAGE I City of Okeechobee General Services Department 55 S.E. 3" Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 217 Fax: (863) 763-1686 Date: Petition No. Fee Paid: `R,5 no Jurisdiction: Istflearing: 2ndHearing: Publication Dates: G, u-3 rNtces'Mailed: Uniform Land Use Application Rezone - Special Exception - Variance 6/ Name of property owner(s):Robert D- and Betty Suzanne Brain Declaration of Tnist t /17/ Da ed 09 99 A Owner mailing address: 96 Chairpions Blvd. Pogers, AR 72758 p P - Narne of appticant(s) if other than owner (state relationship): Sam as above L I Applicant mailing address: �bt applicable C A Name of contact person (state relationship): Vikki Aarm - agent ILN, TJI Contact person daytime phone(s): 863-467-4768 Fax: 863-467-4618 S/ Property address / directions to property: 205 �brtheast Second Street Indicate current use of property: Carn=ial Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): Mortuary - 5,915 sq.ft. Vbrehouse - 2000 --q. ft. Approximate number of acres: 1.03 acre Is property in a platted subdivision? yes P Is thert ',I Current or recent use of the property that isl'%vas a violation ofcounty ordinance? If so, describe: j\b R 0 P Have there been any land use applications concerning all or part of i�is property in the last year" If so, indicatc date, nature and applicant's name: �b E Is a sale subject to this application being granted? Yes T Y Is the Subject parcel your total holdings at that location? If riot, describe the remaining or intended uses: Yes Describe adjoining land uses / improvements to the North: ConTrercial Professional Offices Southparri,ercial - Residential East: Carrriercial West: CotmL-rcial Existing zoning: nAti-F'ardly Future Land Use class ification: Ciorrurercial Actions Requested: (&j Rezone Special Exception Variance Parcel Identification Number: R3-15-37--35-0010-01420-0070 V Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the Citv of Okeechobee in processing my request. False or misleading information alay be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. -t 22, 2003 Robert D. Braun L Signature Printed Name Date Unifortri Land Use Applicafi-on (rev. 1�0, Page I of 2 Current zoning classification: M -dti—Fbmily Requested zoning classification :Heavy CCnMrCjaj R What is your desired permitted use under the proposed class i fication: The use is intery3ed to rEmain the sam E Z 0 N If granted, will the new zone be contiguous with a like zone? Yes E Is a Special Exception necessary for your intended use? Nb Variance? �b Describe the Special Exception sought: S P E C I — Provide specific LDR ordinance citation: A L Are there other similar uses in the area? Is so, describe: E X C E Why would granting your request be in the best interest of the area and residents? P T I 0 If business, briefly describ-�, nature including number of employees. hours. noise generation and activities to be conducted outside of a building: Describe Variance sought: V A R Describe physical characteristic of property that makes variance necessary: I A N C [T�i �vou c�ause or �contrib�ute to the characteristic? Is so, describe: Wliat is the minimum variance necessary? Uniforrn Land Use Application (rev. 1/03) Pap-e 2 of 2 Robert D. Braun and Betty Suzanne Braun Declaration of Trust Dated September 1-7, 1999 Property Owners Statement of Applicants Interest in Property Robert D. Braun and Betty Suzanne Braun currently own Lots 7 through 12, Block 142, City of Okeechobee according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The subject property is located at 205 Northeast Second Street. The improvements include a mortuary approximately 5,915 square feet in size and a warehouse approximately 2,000 square feet in size. Mr. And Mrs. Braun are interested in marketing the property and wish to obtain the most appropriate zoning classification for the existing use. The requested change in zoning is consistent with the Unified Development Code and the future land use designation. ..I,, —J) L 0 5 0 N,1�1 0 12 �irl In th" AM(Xjnt of C'Z. C jbi, I of S d-- .;hz n C-ounly. I)- �� -7, I IMN WAKKAN I Y 1)1'1'1),Inlllclllc 29thdav nf3tinc. 2001 hv 11 a . Rotwit r I), FIRMINandSUZAN1,1r. FIRAUN. is wife. herein Acr cnllcd tire Graillori It, an undividcd one-half interent to ROBERT D, BRAUN DECLARATION OF TRUSTDATI-D 111. 099 And an undividcd one-half in(cresi to Ill' . FTY .SIJZANNI--. BRAUN DECLARA HON OF TRUST DA1 ED SITI FNlIII'R 17, 1999 and whose post office nddrcss 1% 96 Champion Iloielcynid. Rogers, Alt 72756 herein title, called tile ('jranlcc.%. WII'NFSSI:'1'11. *that tile Glamor,. for and in "n6dernfitin of the sum nr S 10.00 And other valtiAble Ctinsidernlitins. reccipi whemil is licrebY arknt—ledged. hereby grails. tintgnins. sell.%. Aliens. remiscs. rclens". conveys and confirms unill the Grantees nil thil certain land. i' wil: I'late it' Mecchoh" County, state or Florida. to. Lots 7. R. 9. 10, 11 and 12 of Block 142. OKI:I:CI 10111:r. According to the plat thcrellfrecorded in Plat Book 3. page 5. Public rectirds nfMcuchillcc Cminly. Florida. stjim:c r TO restrictions. resemnlions and casements of record. TOGET111:11, with nil tire tenctocills. licrediminents And irrumcnatIms thereto belonging or in nnv%%,iC apperinining. TO IIAV17 AND TO HOLD. tile ;nnicin recsimple forever. AND the grantors hereby criverinnt withsaid gramicc dial the grinlom tire lawfully %ci?.cd ofsaid land in lec simple; that tile grantors have good right and 1.1l% fill aulhork), to sell and convey.inid land. Arid hereby warrant tile title 10 said landand willdefend tile same Against tile l"wrtil C1.1ims ortill persons -homsocycr; and that said land is free ofall encumbriinces, except taxes acenting silliccquent in December 31, 2000. IN WITNESS WHEREOF, the said Crnntors have �igncd and Scaled these presents tile day and ycar first above written. Sigoc=cd in tile presence nr olln(T D. TIRAUN 96 Champion floulcvilrd Rogm W2756 i'—rinli W. css Name SUZANNE-11 AUN t,V11* LSS 117 F171,11 Nilimcss —N,.c Bass Okeechobee Funeral Home and Cremation Services .205 N.E. 2 "d Street Okeechobee, Florida 34972 Phone (863) 763-2111 Fax (863) 467-6671 To: City of Okeechobee Re: Rezoning T, Robert D. Braun, am the record title owner of the property located at 205 NE Second Street and legally described as Lots 7-12, Black 142, City of Okeechobee as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. I hereby consent to request a change in zoning from the existing classification Of Multi - Family to Heavy Commercial. Robert D. Braun -2 �-c ne Braun Sworn and subscribed this 10th day of September 2003. L) Notary Public (Susan D. Rucks) I K" SUSAN 0. RUCKS 4: MY COMMISSION # DID 197939 Z1 EXPIRES: July 28, 2007 My commission expires: July 28, 2007 'e-_ 9 Bwdgd Thru N09M PLfte UnderwrKers Cc: Bass Okeechobee Funeral Home, and Tom Conway Legal Description of Property Pertaining to Rezone Lots 7 through 12, Block 142, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida F Map Ll- Pagc I ol, I NORTH N. E 3 47.5 47.5 i 3 2 1 2 1 5 4 3 -142L 41 3- 15-37-35-00 1 O-fj D-0070 ROBERT D BRA.UN DECLAPATION OF Ci-28i2001 - $465-:000 - I.--Q . 1 -1 - . - I I . .1 m IT— 12 10 10 il 12 a j471-1 47.5 N. E 2 N D 3 2 1 5 4 3 2 1 -W SCU TI i http://www.okeechobeepa.com/GIS/F_Map.asp 9/10/2003 Robert D. Braun and Betty Suzanne Braun Declaration of Trust Dated September 17, 1999 Statement of Special Reasons and Basis for Request Tlie property is currently zoned Residential Multiple Family (RNIF) and lies within the Commercial Corridor future land use classification of the adopted Comprehensive Future Land Use Map. A funeral home currently operates on the property and has for many years. When the property was originally established funeral homes were uses that could be permitted in Residential Multiple Family (RMF) zoning districts with a special exception. The previous owner secured the appropriate zoning and required special exception. With the adoption of the Unified Land Development Code in 1998, the subject property became non -conforming with regard to zoning. Under the current regulations, funeral homes are a permitted use in Heavy Commercial (CHV) zoning districts only. Although, the property may be considered legally non -conforming and continue to operate as a funeral home, the applicants wish to secure the appropriate zoning classification for the existing use to increase the marketability of the property. Robert D. and Betty Suzanne Braun respectfully request that the Land Planning Agency recommend that the City Council approve the request for a change in zoning from the existing classification of Residential Multiple Family (RMF) to Heavy Commercial (CHV). L.-M Robert D. Braun and Betty Suzanne Braun Declaration of Trust Dated September 17, 1999 Statement of Intended Use Thc applicants do not inmid to change t11C CX[Sting LISC 01' the property. The sole purpose of the requested change in zoning is to secure a zoning district that will be compatible with the existing use and consistent with the current regulations. Robert D. Braun and Betty Suzanne Braun Declaration of Trust Dated September 17, 1999 Statement Addressing Existing Use of Surrounding Properties The property under consideration is a 1.03 acre site, with primary frontage on the north side of N. E. Second Street. It covers one half of a city block. The propertr is also bounded by N.E. Y-d Avenue to the east, N.E. 2"' Avenue to the west. The property is rectangular in configuration and is currently zoned Residential Multiple Family (RMF). The property's north boundary line abuts a 15' alley. Just beyond the alley are the dental offices of Drs. Tenniswood and Dr. Davis. To the east of the subject property is David Hester Insurance Agency. To the west is a variety of professional offices. Directly south on N.E. Second Street is a commercial strip center including a florist shop, bridal shop and restaurant. Also south of the subject property are two (2) single-family residences. There should be no adverse impacts to the subject property, to surrounding property or to the general area by granting the requested change in zoning. CITY OF OKEECHOBEE General Services Department 55 S.E. Third Avenue Okeechobee, FL 34974 Phone: (941) 7.63-3372 Fax: (941) 763-1686 Land Use Power of Attorney Name of Property Owner(s): Robert D. and Betty Suzanne Braun Declaration of Trust Dated September 17, 1999 Mailing Address: 96 Champions Blvd. Rogers, AR 72758 Home Telephone: Work Telephone: 863-763-2111 Property Address: 205 NE Second Street Property I.D. Number: R3-15-37-35-0010-01420-0070 1 ame o Applicant: Vikki Aaron - agent Home Telephone: 863-467-4768 Work Telephone: 863-634-1124 The Undersigned, being the record title owners of the real property described above, do hereby grant unto the Applicant stated above the fuH right and power of attorney to make application to the Ci-ty-, of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exceptions or variances, and appeals of decisions of the General .Services Department. It is understood that conditions, limitations and restrictions may be placed upon & use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and nntnri7ed statement of such termination effective upon receipt by th( IN WITNESS WHEREOF THE UNDERSIGNED HAVE SET THEIR HANDS AND SEALS THIS 10th DAY OF September 19 2003 . W/ L—'-/1-- t -- , Owner Witnoss Before me the undersigned authority personally appeared the owners named above who upon being duly sworn acknowledged before me that they are the owners of the real property described above and that they executed the power of attorney for the purposes stated therein. Sworn and subscribed this lot dayof September 19 2003. SUSAN D. RUCKS 7939 MISSION # DD 19J July 8, MY COMMISSION # DD 197939 C—) EXPIRES: July 28, 2007 SEAL Doncled Thru N�olary Public Underwrilers Notary Public Commission Expires: July 28, 2007 LOCATION MAP r Ne 10 N T Tn� TAT� 15 N E I T 2 sT La LEGAL DESCRIPTION: 7,8,9 10 1s)7 AST;)LIAL-r " �55 TiAT a 6r ON F, > 5rrDp-,( ti 6,- A 7 o::, 71; E-L SURVEY NOTES: INSTALLATION. SPRINKLER SYSTEMS. SHRUBS OR WITH AN EMBOSSED NOT VAUD UNLESS SEALED SURVEYOR'S SEAL 2. LAN S SHOM HEREO 0 R]GHTS-CF-WAY, N WERE NOT ABSTRACTED FOR EASEMENTS OR OYMERSHIP. 0' LAND DESCRIPTION HEREON WAS PROMDED By THE CLIENT. 142. 3. 4. BEARINGS SHOWIN HEREON ARE BASED ON THE -t-� cz hie- W A L;'- CENTERUNE tJl,- Ztttl -5qo-cZ5" en� izi 5. THIS SURVEY NOT TO BE USE31 FOR FENCE 'eA= -Z'YA14,r-_y r-0US' ANY 0114ER UTILITIES WITHOUT REVERIFICATION OF PROPERTY CORNERS. S. ELEVATIONS SHOYM HERON ARE BASED UPON N.G.V.D. 1929. 7. SURVEY NOT COVMEO 13Y PROFESSIONAL f-,> 0 L,-L LIABILITY INSURANCE. -7 0' K Et, g 1;_: CERTIFIED TO:;�A-t-lli-�f- H541V�4'5 PoLx> td -F3 t,-,r SURVEYOR'S CERTIFICATE CH 1 AP-.b I ?-, LEGnO-. I r , �� I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND GEUEF -FOUND CONCRETE MONUMENT IRON ROD AND AS SURVEYED IN THE FIELD. I FURTHER CERTIFY THAT THIS SURVEY -FOUND C -SET IRON ROD COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS SET FORTH IN t -CENTER LINE CHAPTER 6IG-17-6 13Y THE FLORIDA BOARD OF LAND SURVEYORS FIFE -FINISH FLOOR ELEVATION PURSUANT TO SECTION 472.027 FLORIDA STATUTES, AND THAT THERE PSM -MVESSIONAL SURVEYOR ARE NO ABOVE GROUND ENCROACBMEUIS-OTHER THAN SHOWN. AND MAPPER R/W -RIGHT-OF-WAY ATE. PC -POINT OF CURVE RY,, 0 -DELTA ANGLE A -ARC LENGTH PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION #6427 QQP TYPICAL ELEVAT10N I FRED W. REPASS P.S.M. BOUNDARY SURVEY WE-PAREDIA,_ R� 7E : 7 E Hp — 9E-Doo L_ 1 '4 TC-ALE., tFILEN � JORAWN BY L(�-r —1 JOISOH P!Aea -walqojd joijualod slig ol uo.getepisuoo lepeds aAiS illm noA;eq4 adoLl 1 -Apadoid 6u!punojjns Ao &Besn tueswd &41 t4j!m Ou!de&M ui jou ssaulsnq jo sdAt Aue jol uado aq Illm )i jejoiawwo3 AAeaH ol peBuetAo si Busuor 9LI4 souo Imp powe*uoo UJO I 'JOASMOH 'Pus4ul A041 tetp asn oUpsds 044 Om welqojd OU aAe4 I unpolewax) v ejejado pue lielsu! 04 JGPJO ul BuluO2 SM aiinbw SJaUMO OAoqe 644 4941 6u!pue4sispun Aw 9! tj *jv!ojatuttjo3 AAeOI4 �j SJOI BAOqg OER Bu!uOzOJ JaPlsuOO 01 OuPO84 o!lqnd atil joeogou PSAIOOOJ I ,4oeaA-.iw ivea Zlv� N00113 Z�- � �-OVO-9-L SIM NnV89 �,11318 V i�13901A 33130HOMNO JO AIIO NOiV�:USINIMV ONINOZ-HOV3A 1118 .-0 3�t'ld 3t Tb IE13LIE981 CiL,:-,,fj 10/28/2M eo:ii 86335715L DC RANCH PAGE 02 October 28, 2003 Katriirm Vinson 55 S.E. Tbird Avenue Okeechobee, Fl. Dear Katrion, My name is Michael G. Brown of 208 N.E. 2!Id Avenue, Okeechobee. (Lot 2, Block 153, Okeechobee, according to plat thereof recorded in Plat Book 5, page 5, Public Records of Okeechobee County, Florida). I wju not be able to attend tbr, first Public Hearing tonight, so, as per our conversatim I am WrIjuig my concern in regard to the application proposing to clumse the current zoning classification from Residential Multiple Family to Heavy Commercial for Lots 7,8,9. 10,11, and 12 of Block 142, Okeechobee, according to the plat thereof recorded in Plat Book 5, page 5, public records, of Okeechobee County, Florida, for the Board to consider. As a property owner within three hundred feet of the described property, I would like to see the HCV Zoning limited to Funeral Home use. Thank you for your conskleration in this matter. Sincerely, Nlichael 0. Brown James R- Tenniswoo(� D.D.S. mark J. TenniswoocL DM.D. October 24, 2003 Dear Mr. Veach, I am in receipt of your letter that informs of the potential for a rezoning of Lots 7,8,9,10,11 and Block 12 142 to (C H V). My concern is that CHV includes numerous uses that would not be consistent with the proposed area.. My request would be to changing the area in question to RFM with variances or special exceptions do disallow businesses that would not be appropriate to this professional area. Case in point, I would like for this area to remain with a professional atmosphere. However, I have no objection to the funeral home requesting a crematory. Please call me with any questions and ftirther input on this matter. S James R. T=isVo,6d and enniswood 208 Northeast Third St. 0 Okeechobee, Florida 34972 0 Telephone (863) 763-3909 October 28, 2003 - Planning Board - Page 2 of 3 AGENDA ACTION -DISCUSSION -VOTE IV. NEW BUSINESS. A. Rezoning Petition No. 03-007-R. Consider a recommendation to the City Summary of Application. Mr. Jim LaRue, of LaRue Planning and Management Services, City Council to rezone 205 Northeast 2nd Street from Residential Multiple Family Planning Consultant, addressed the Board by reviewed Planning Staffs recommendations. The (RMF) to Heavy Commercial (CHV). Robert and Betty Braun are the owners and proposed zoning is compatible and consistent with the Comprehensive Plan, and will not have an applicants, Vikki Aaron is the representative. adverse effect on the public interest. In conclusion, LaRue is recommending approval of the 11 request. Dr. Jim Tenniswood, surrounding property owner, addressed the Board. He stated that he had no objection for the funeral home to be there. However, he is concerned with the other uses allowed in Heavy Commercial (CHV) zoning districts, if for some reason the funeral home was to close. Mr. LaRue explained that in Heavy Commercial zoning designation the principle uses are professional, business, or medical offices. Commercial Professional Office (CPO) zoning would be the other zoning designation that allows a funeral home to operate as a permitted use. Vikki Aaron, representative of the applicants, addressed the Board stating the purpose of zoning the property Heavy Commercial (CHV) was to allow the furieral home as a permitted use, then in the future to apply for a Special Exception to allow a crematory. Mr. LaRue explained to the Board that Heavy Commercial zoning was the most compatible with that area. Board Member McCoy made a motion to recommend to the City Council to approve Petition No. 03-007-R, to change the zoning from Residential Multiple Family (RMF) to Heavy Commercial (CHV) based on Planning Staff s findings and recommedations; seconded by Board Member Keller. VOTE CREECH - YEA KELLER - YEA LEDFERD - YEA MCCOY - YEA MOTION CARRIED. -L I ORDINANCE NO. 846 EXHIBIT 7 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING CHAPTER 90, ARTICLE 111, DISTRICTS AND DISTRICT REGULATIONS, DIVISION FOUR, PERTAINING TO MOBILE HOME DISTRICT ZONING REGULATIONS (RMH); CREATING SECTION 90-167 THROUGH 90-171 THEREOF; PROVIDING FOR STANDARDS FOR SINGLE FAMILY MOBILE HOME UNITS INCLUDING DESIGN, PLACEMENT, FOUNDATION, AND APPEARANCE STANDARDS; PROVIDING LIMITATIONS ON AGE OF UNITS FOR PLACEMENT WITHIN THE CITY; PROVIDING FOR A PROCESS OF APPLICATION, REVIEW AND APPEAL THEREOF; ADOPTING STANDARDS FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENTAND CHAPTER 15 OF FLORIDA ADMINISTRATIVE CODES; PROVIDING FOR PLACEMENT USE AND OCCUPANCY OF RECREATIONAL VEHICLES WITHIN THE CITY OF OKEECHOBEE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has permitted the placement of mobile homes and mobile home parks within the confines of the City pursuant to land use and zoning classifications in existing codes; and WHEREAS, the City of Okeechobee, Florida finds that current technology also permits homeowners to purchase manufactured housing units for placement in the City, which units and their methods of foundation bear little resemblance to traditional mobile home construction and placement techniques; and WHEREAS, the City of Okeechobee, Florida finds that older mobile home units are susceptible to disrepair, blight, and effects of the weather to a much greater degree than traditional single family homes, which tends to reduce adjoining property values, cause unsightly conditions, endanger residents and neighbors alike in times of bad weather or natural catastrophe, and generally do not promote the orderly growth and safety sought by the city in its residential areas; and WHEREAS, the County of Okeechobee, Florida has restricted placement and age of certain mobile homes, manufactured housing and recreational vehicles for a number of years, which has created a trend for certain residents to remove non- conforming units from the unincorporated County and obtain permits for placement of such units within the City of Okeechobee; and i WHEREAS, the movement of such non -conforming units into existing mobile home areas or parks creates urban blight and tends to diminish property values due to their age; their generally poor structural and aesthetic condition; and lack of structural integrity, all of which creates not only unsightly, but unsafe residential housing within the City; and WHEREAS, the City of Okeechobee determines that the creation of codes similar to that of the unincorporated County of Okeechobee will create uniform code requirements, permit uniform code enforcement; improve the value and quality of life for those similarly situated in mobile home neighborhoods or parks; improve aesthetics and the safety of residents; and generally promotes the general welfare of all the citizens of Okeechobee, Florida; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida, presented at a duly advertised public meeting; and passed by majority Page 1 of 2 vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, does hereby approve and create sections 90-167 to 90-171, by amending Ordinance No. 669, Land Development Regulations, as follows: The land development regulations for Okeechobee County, Florida, Sections 7.08.00 through 7.08.05 are attached hereto as Exhibit "A" and its terms incorporated herein by reference. 1111. That for purposes of codification, the sections of the County Code are amended for inclusion into Ordinance 669, Land Development Regulations, for the City of Okeechobee, as follows: Section 7.08.00 is renumbered to be Sec. 90-167 Section 7.08.01 is renumbered to be Sec. 90-168 Section 7.08.03 is renumbered to be Sec. 90-169 Section 7.08.04 is renumbered to be Sec. 90-170 Section 7.08.05 is renumbered to be Sec. 90-171 III. That for purposes of inclusion into Ordinance No. 669, Land Development Regulations, each reference in the County Code to "Okeechobee County" or "County" shall be replaced by the "City of Okeechobee" or the "City". IV. That as amended herein, the City Council for the City of Okeechobee hereby adopts Exhibit "A" herein to amend Ordinance No. 669, Land Development Regulations, and creating Sections 90-167 to 90-171 thereof. SEVERABILITY. In the event any portion of this ordinance as amended, should be deemed to be unenforceable by a court of competent jurisdiction, the remainder shall remain in full force and effect. EFFECTIVE DATE. This ordinance shall become effective immediately upon its adoption. INTRODUCED for first reading and public hearing on the 4 1h day of November, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk ADOPTED after second reading and second public hearing on the 1 81h day of November, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 I t- d I ORDINANCE NO. 846 EXHIBIT "A" Development Design and I ovement Standards Paqe V11- 61 7.08.00 STANDARDS FOR SINGLE FAMILY DWEL . LING UNITS This Part sets forth the minimum standards for residential single family dwellings. Townhomes, trailers, mobile homes, and manufactured housing as defined in Appendix B shall be subject to this Part. Except as specifically set out in this Code, no mobile home, manufactured home, trailer, travel trailer, recreational vehicle (RV), park model recreational vehicle, building, or other structure shall be used for sleeping or dwelling purposes in the unincorporated area of the County. See Flowchart in Section 7.08.06. 7.08.01 DweHing Foundations Properly designed and constructed foundations are essential for the public safety and welfare. Regardless of the method of housing construction, securely anchored and installed dwelling units serve not only to reduce the likelihood of widespread hurricane or storm damage but contribute to architectural and aesthetic compatibility important to the long term value and viability of neighborhood communities. The follow * ing foundation and onsite installation requirements are intended to be reasonable, uniformly applied and enforced without distinction as to the type of dwelling unit. A. Foundation Requirements for Single Family Dwellings in All Zoning Classifications Except Residential Mobile Home (RMM 1 Foundation Requirement. All dwelling units shall be placed on a foundation in accordance with the Standard Building Code, or for manufactured homes shall be set up in accordance with the Permanent Foundations Guide for Manufactured Housing issued by the U.S. Department of Housing and Urban Development (Handbook 4930.3 1989), the provisions of Chapter 15C-1, F.A.C. orthe manufacturer's specifications provided they meet or exceed the requirements of the F.A.C. Prior to the pouring of any concrete or the placement of concrete blocks or footings, the area under which concrete or the unit will be placed shall be cleared of all organic material and shall be prepared to ensure drainage away from the unit. (AMLNDED By ORDcNANCES 93-10,93-17 AND 96-31 2. Compaction under concrete slab. Where a concrete slab is utilized, the entire area under the concrete slab shall be compacted as follows: a. Remove any organic topsoil and other deleterious materials to their horizontal and vertical extremities to three (T) feet beyond concrete slab lines. b. Compact the entire area under the concrete slab as needed to achieve a compaction of at least 95% of ASTM D1557 maximum density. Place fill as needed in not greater than twelve (12") compacted thickness layers. Minimum compaction density shall be 2,000 psf (AMENDED BY OPDINANCE 93-101 ere required by the Standard 3. Perimeter footer. A perimeter footer, wh Building Code, shall be in accordance with the Standard Building Code. (AMENDED By ORDiNANCES 93-17 AND 96-31 Adopted December 30, 1992 Includes amendments as adopted by Ordinances W,10, 93-17, 94-8, 95-1, 96-3, 97-2,98-05, 98-07, 99-09, 02-04, 03-04 (printed 07/03) I L Pace V11- 62 Okeechobee CountV Land Development Regulations 4. Piers and blocking. Where piers or blocking are utilized to elevate the structure from the slab, poured concrete runners or finished grade, support and anchorina/tie-down of the structure shaR be in accordance with the standard building code requirements incorporated by Article VUI into this Code, the Permanent Foundations Guidefor Manufactured Housing issued by the U.S. Department of Housing and Urban Development (Handbook 4930.3 1989), the provisions of chapter 15C-1.010, Florida Administrative Code (F.A.C.) or the manufacturer's specifications provided they meet or exceed the requirements of the F.A.C. Stabilizing plates or collars shall be required where auger anchors are used. Where piers and blocking are utilized, the following shall be required: a. The site shall be graded to ensure adequate drainage away from the unit; b. All piers must have the top course filled with concrete or have a solid cap block; C. The maximum. proposed pier height and the maximum pier height beyond which the manufacturer requires or recommends that an engineer design the foundation shall be indicated on the development permit application; d. Where a concrete slab or interior poured runners are not used, the development permit application shall indicated the bearing capacity of the soil and the methodology used to determine that bearing capacity; e. The development permit application shall include the calculations used to determine the sizing and spacing of footers, required based on the soil bearing capacity and based on other criteria of the manufacturer, such as piers required to support sidewall openings, heavy appliances or other load bearing points. The relevant pages from the manufacturer's specifications shall be included with the application, with the appropriate calculations and guidelines highlighted. A plot plan or site plan shall indicate the number, location and construction of proposed piers and footings; f. The development permit application shall indicate the type and model of anchor to be used, the gauge and model of the strap to be used, the soil type, and the methodology used to determine the soil type; and or. The development permit application shall include all relevant pages from the manufacturer's specifications and highlight the specific methods to be used to assemble double -wide or larger units, and to connect utility systems. [AmENDED By ORDU4ANCES 93-10 AND 93-171 5. Crawl space and Closure wall. A crawl space shall be defined as the area between the slab or finished grade and the floor of any structure elevated above that slab or finished grade. A closure wall shall be defined as the load bearing or non load bearing wall structurauy attached between the floor or bottom of the structure and the required perimeter footer, perimeter concrete Adopted December 30, 1997 Includes amendments as adopted by Ordinances 93-10, 93-17, 94-8, 95-1,96-3, 97-2,98-05, 98-07, 99-09,02-04, 03-04 (prrinted07/03) Development Design and Innorovernent Standards Page V11- 63 runner or the ground. Where a slab is used, and where load bearing points are interior to the perimeter of the slab, a perimeter footer or concrete runner is not required, and the closure wall shall be attached to the slab. All dwelling units installed or constructed with a cra-vvl space of less than seven (T) feet in height shall have a closure wall constructed of one of the following: a. Brick b Concrete block or poured concrete finished by painting or extending the dwelling siding to the slab or footer. Where the slab or footer is more than eight inches above the finished grade level, the siding shall extend to within eight inches of the finished grade level. C. Frame and sheathing finished with either lathe and stucco or by extending the dwelling siding to the slab or footer. Where the slab is more than eight inches above the finished grade level, the siding shall extend to within eight inches of the finished grade level. d. Framing, lathing and stucco in accordance with Standard Building Code requirements incorporated by Article VUI into this Code. e. Continuous interlocking vinyl skirting provided that the skirting is architecturally compatible with the residential dwelling, and provided that the following minimum specifcations are met: panel thickness shall be at least.03 5 inches; top front and top back rail thickness shall be at least.050 inches; and bottom rail thickness shall be at least .045 inches. A crawl space enclosed by vinyl skirting shall not exceed 28 inches in height from the finished grade to the floor of the dwelling. Perforated panels may be used for ventilation, provided that such panels shall not exceed thirty (30%) percent of the total number of panels per side of the dwelling. Vinyl skirting shall be attached to the perimeter concrete footer or ninner where a footer or runner exists or is required to exist. The skirting shall be fastened using rust resistant concrete screws no less than one -quarter (1/4) of an inch in diameter or by rust -resistant expansion anchors no less than five -sixteenths (5/16) of an inch in diameter. The fasteners shall be spaced no more than 18 inches apart Where no perimeter concrete footer or runner exists, or is required to exist, vinyl skirting shall be attached to the ground using rust -resistant ground spikes no less than 8 inches in length and spaced no more than 18 inches apart. [AMENDED BY ORDINANCES 93-10,93-17 Am 96-31 Any access point in the closure wall shall be fitted with a removable panel or door and shall be similar in appearance with the remaining wall unless a vent is used as an access point. No more than a single three (3) foot access point per side shall be permitted. Dwelling units to be installed or constructed with a crawl space of seven (T) feet or greater in height shall submit to the Director of Planning and Development engineering plans demonstrating compensating design features and that the proposed dwelling wili be compatible and harmonious with Adopted December 30, 1992 Includes amendments as adopted by Ordinances 93-10, 93-17, 94-8, 95-1,96-3, 97-2,98-05, 98-07, 99-09, 02-04, 03-04 qninted 07103) I L Page V11- 64 Okeechobee CountV Land Development Regulations - existing structures in the vicinity. The determination of the Director may be appealed to the Board of Adjustments and Appeals as provided in Article = of this Code. 6. Standard codes. All foundation types shall meet the standard building code requirements incorporated by Article VUI into this Code. [A�MENDEDBYORDNANCE 93-101 B. Foundation Requirements for Residential Mobile Home (RMH) Zones 1. All dwelling units shall be placed either on a permanent reinforced concrete slab as described in subsection A of this section, or on poured concrete strip footers with blocking and tie -down as provided in subparagraph 3 below, or may be set up according to the manufacturer's specifications. In the absence of manufacturer's specifications, units may be set up in accordance with Chapter 15C-1,F.A.C.. Prior to the pouring of any concrete or the placement of concrete blocks or footings, the area under which concrete or the unit will be placed shall be cleared of all organic material. [A�&�NDE:DBYORDNANCES93-17AND 96-31 2. Either foundation type shall meet the standard building code requirements incorporated by Article VIH into this Code. [AmENDm By ORDNANCE 93-17] 3. Blocking and tie -down shall be in accordance with the provisions of the standard building code requirements incorporated by Article VILL into this Code for conventional construction; chapter 15C-1.010, Florida Administrative Code (or the manufacturer's specifications provided they meet or exceed the minimum requirements set forth in the Florida Administrative Code) for manufactured housing. Stabilizing plates or collars shall be required where auger anchors are used. In addition, the requirements of 7.08.01(A)(4)(a-c, above must also be met. [AMENDED By ORDNANCE 93-17] 4. Where a crawl space exists, the crawl space shall be enclosed by a bearing or non -bearing perimeter concrete, lathe and stucco, masonry or architecturally compatible I skirting/enclosure. Extending the unit siding to the ground as described in Section 7.08.02 D shall be a permitted skirting/enclosure provided it is securely fastened to the ground. C Foundation Requirementsfor Mobile Home and Manufactured Home Parks Regardless of zone, mobile home parks are designed for transitory use by mobile and manufactured homes. According , the requirements of subsections A and B above Ily to the contrary notwithstanding, where a manufactured home or mobile home is to be located inside a mobile home or manufactured home park as defined in Appendix- B, mobile home or manufactured home blocking and tie -down shall be in accordance with the provisions of chapter 15C-1.010, Florida Administrative Code (or the manufacturer's specifications provided they meet or exceed the minimum requirements set forth in the Florida Administrative Code). All such units shall be fully skirted. Stabilizing plates or collars shall be required where auger anchors are used. Prior to the pouring of any concrete or the placement of concrete blocks or Adopted December 30, 1992 Includes amendments as adopted by Ordinances 93-10, 93-17, 94-8, 95-1, 96-3, 97-2, 98-05, 98-07, 99-09, 02-04, 03-04 (printed 07/03) I— L Develooment Desiqn-and imorovement Standards --Page V11- 65 t 1� footings, the area under which concrete will be placed shall be cleared of all organic material. In addition, the requirements of 7.08.01 (A)(4)(a-g) above must also be met. (ANIENDED BY ORDINANCES 93-17 AND 96-31 D. Foundation Requirementsfor Miscellaneous Dwelling's Foundation requirements for dwellings units not classified by subparagaTaphs A through C above shall be as described in subparagraph A above regardless of Zone. E. Foundation Requirements for Agricultural Labor Due to the predominance of Agricultural activities in the County which make the continued viability of such activities a critical County concern, the minimum foundation requirements for the use of bona fide agricultural labor for on -premises employment shall be as provided in Subsection B above, provided the dwelling units are located in the Agricultural (A) zoning classification. Such dwelling units shall be at least 200 feet from any public road right-of-way. [Remainder of this page intentionally left blank] Adopted December 30, 1992 Includes amendments as adopted by Ordinances 93-10, 93-17, 94-8, 95-1, 96-3, 97-2,98-05, 98-07, 99-09, 02-04, 03-04 (printed 07/03) Page V11- 66 okeechobeeC0'-%"nndDeve oment Regulations 7.08.02 Appearance and Design Standards Any single family dwelling located in a Agriculture (A), Residential Single Family (RSF), T Residential General (RG), Residential Mixed (RM), or Rural Residential (RR) zoning district shall comply with the following Appearance and Design Standards. A. Minimum Floor Area The minimum floor area shall be 1000 square feet, including the area of an attached garage (but excluding carport, screened porch or Florida room) except as provided in Subsection 7.08.02 J of this Article. To be elip-ible for calculation as minimum floor area, such square footage shall be contained under a single integrated roof 0 system. A roof system designed by the manufacturer to be a single structure shaU be considered an integrated roof system under this s-dosection even if delivered in more than one part and assembled on site. B. Roof Overhang All main buildings shall have a pitched roof with a minimum 12-inch roof overhang on two sides of the dwelling's perimeter walls and a minimum of 6-inch roof overhang on the remaining two sides such that the overhang is architecturally integrated into the design of the dwellin ' a.. Where the design of the dwelling is such that there are more or less than four sides, the Director of Planning and Development shall determine the overhang necessary for each side pursuant to Subsection 7.08.021. C RoofinaMaterial roof surface of wood All main buildings and all garages or carports shall have a 0 C shakes, asphalt, composition or wood shingles, clay, concrete tiles, slate, or built-up gravel materials. D. Siding Materials s in All main buildings and all garages shall have exterior siding material con ist 9 of either wood, masonry, concrete, stucco, masonite, fiberglass, vinyl or metal lap and shall exclude smooth, ribbed or corrugated metal or plastic parts. The exterior siding cannot have a high -gloss finish and must be residential in appearance. The exterior siding material shall extend to ground level, except that when a solid concrete or masonry perimeter foundation is used, the siding material need not extend below the top of the foundation. E. [Transferred to Section 7.08. 011 F. Minimum Width The minimum width and depth of a dwelling located on a lot outside of a mobile home park or subdivision shall be 20 feet. Adopted December 30, 1992 99-09, 02-04, 03-04 (printed 07/03) Includes amendinents asadoptedby0rdinances 93-10,93-17,94-8,95-1, 96-3, 97-2,9M5,98-07, Develooment Design and Improvement Standards 1Lq1_VlI- 67 G. Wh eels and Axles All mobile home, manufactured home, or trailer tow bars, wheels and axles shall be removed when the dwelling is installed outside of a mobile home park or subdivision. Trailer tow bars and wheels shall be removed when the dwelling is installed widiin a mobile home subdivision. H. Relocation and Installation of Used Dwelling Units (xvmimED By oRDINANCF 97-2] Any used dwelling unit built and remaining in compliance with the Standard Building Codes incorporated by Article VIH into this Code or the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development, as well as the requirements of Section 7.08.03 of this Code, shall be eligible for relocation and/or placement� replacement, installation, or reinstallation in any residential zoning district in accord with regulations as established by the Schedule ofDistrict Regulations upon demonstration of continued compliance with the applicable building codes and standards as well as compliance with the Appearance and Design Standards of this section and with the provisions of Section 7.08.03 of this Code. There shall be a rebuttable presumption that a unit that is five (5) years of age or less as of the date of application meets the appearance and design standards of the county as well as the minimum applicable building codes. There shall be a rebuttable presumption that a unit that is more than five (5) years of age as of the date of application does not meet the appearance and design standards of the county or the minimum applicable building codes. Except as otherwise permitted by this subsection, no used dwelling unit shall be placed, replaced, located, relocated, installed or reinstalled from the site upon which it was first placed, constructed or installed. 1 An application shall be submitted which contains the following: a. The applicant's name and address and a statement of ownership. b. Legal description, street address, lot number and subdivision name, if any, of the property upon which the dwelling is to be located. C. Size of subject property in square feet and acres. d. Statement describing the type and dimensions of the dwelling proposed to be relocated onto the property. e. Elevations and photographs of all sides of the dwelling proposed to be relocated onto the property. f. A statement describing the exterior dimensions and roof slope of the dwelling proposed to be relocated onto the property. Z) 9. A description of the exterior finish ofthe dwelling, including exterior walls and roof. h. A description of the dimensions of the dwelling. i. Proofthat the dwelling continues to meet eitherthe Standard Building Codes incorporated by Article VIH into this Code or the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development. Adopted December 30, 1992 Includes amendments as adopted by Ordinances 93-10, 93-17, 94-8, 95-1, 96-3, 97-2, 98-05, 98-07, 99-09, 02-04, 03-04 (printed 07/03) Pac;e V11- 68 Okeechobee Co,,-+,, 1 4 rl.tig (ations j. A site plan drawn to scale illustrating the proposed use and including the following: i. Location of the property by lot number, block number and street address, if any. ii. The dimensions of the lot or parcel of land on which the manufactured home is to be located. iii. The proposed location of the dwelling on the property, including all setback information. k. A schematic design of the dwelling showing the roof, siding, and other improvements. 1. An engineering or architectural plan of the foundation to be utilized. M. Such other plans, surveys and documentation as may be required pursuant to Article XM of this Code. n. For purposes of notification, the names and addresses of property owners, as they appear on the latest tax roll of Okeechobee County, within 150 feet of the subject property. [AMa4DED BY ORDINANCE 96-31 2. Procedure For Review of Application for used units that were constructed or manufactured more than five (5) years from the date that a complete permit application is submitted. a. Within ten (10) days after an application has been submitted, the Director of Planning and Development shall determine whether the application is complete. If the Director determines the application is not complete, he shall send a written statement specifying the application!s deficiencies to the applicant by mail. The Director shall take no further action on the application unless the deficiencies are remedied. of Planning and b. Within thirty (30) days after the Director C Development determines the application is complete, he shall review the application, and shall determine whether the proposal complies with the Appearance and Design Standards of this section and whether the unit is consistent with and compatible with surrounding units at the proposed relocation site and whether the unit is consistent with and compatible with the general character of the neighborhood or community. Hance, the Director ofPlanning C. Following the determination of comp and Development shall place the application for the determination of suitability for dwelling unit relocation on the ' agenda of the next available regular meeting of the Board of Adjustments and Appeals in accordance with the procedures contained in this Code. Notice of the public hearing shall be given by publication in a newspaper of general circulation not less than 15 days prior to the date of the meeting. Adopted December 30, 1992 Includes amendments as adopted by ordinances 93-10, 93-17, 94-8, 95-1, 96-3, 97-2, 98-05, 98-07, 99-09, 02-04, 03-04 (printed 07/03) L Develooment Desiqn and Imarovement Standards Page V11- 69 d. The Board of Adjustments and _,kppeals shall determine whether the dwelling unit continues to meet the Standard Building Codes incorporated by Article VHI into this Code or the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development, as well as the requirements of Section 7.08.03 of this Code and the Appearance and Design Standards of this section, and whether the unit is consistent with and compatible with surrounding units and whether the unit is consistent with and compatible with the general character of the neighborhood or community. Within a reasonable time of the conclusion of the public hearing, the Board of Adjustments and Appeals shall make a determination as to whether the dwelling unit meets the standards described in this Section. Appeals of the Board's determination shall be in accordance with the provisions of Article = of this Code. e. Notification of the Board's decision shaH be mailed to the petitioner and filed with the Director of Planning and Development. f. A final determination in favor of compliance shall permit the relocation and replacement/reinstallation of the dwelling unit on the requested site provided all otherprovisions of this Code,'or any code by reference incorporated into this Code are met, and subject to any conditions that the Board of Adjustments and Appeals may impose. Where such conditions require repairs, renovations, construction or other like activity in order to meet Appearance and Design Standards or Minim= Code Compliance, security shall be required. The security shall be required prior to issuance of any building or construction permit, and shall be one hundred ten percent (110%) of the costs necessary to demolish, remove and dispose of the unit and appurtenances, including all clean-up, administrative, overhead and other expenses associated with or incidental to restoring the lot to a conforminc, condition. If the buiidincr, construction or development activity is not completed pursuant to conditions placed by the Board, including any established timeframe for their completion, the applicant shall forfeit the security and the County may initiate action to demolish, remove and dispose of the unit and appurtenances. 9. A final determination not in favor of compliance shall prohibit relocation if the reason for a finding of non compliance was the failure to meet the Standard Building Codes incorporated by Article VIH into this Code or the Manufactured Hotne Construction and Safety Standards of the U.S. Department of Housing and Urban Development. If the reason for a findin of non compliance was the failure to meet the Appearance and Design Standards of this section or the failure to be determined to be consistent with and compatible with surrounding units or the failure to be consistent with or compatible with the general character of the neighborhood or Adopted December 30, 1992 Includes amendments as adopted by Ordinances 93-10, 93-17, 94-8, 95-1, 96-3,97-2,98-05, 98-07, 99-09, 02-04, 03-04 (printed07/03) Pace V11- 70 Okeechobee countV Land Develooment Reaulations community, the relocation and replacement/reinstallation of the dwelling unit shall be limited to an otherwise conforming site located in a Residential Mobile Home (RNIH) zoning district subject to applicable codes and regulations. The failure of a used unit to meet age standards as established by this Code for the location, relocation, placement, replacement, installation or reinstallation of a used unit shall not authorize the relocation, replacement or reinstallation of the unit in a Residential Mobile Home (RM]FI) district. 3. Procedure For Review of Application for used units that were constructed or manufactured five (5) years or less from the date that a complete permit application is submitted. a. Within ten (10) days after an application has been submitted, the Director of Plarming and Development shall determine whether the application is complete. If the Director determines the application is not complete, he shall send a written statement specitiing the application!s deficiencies to the applicant by mail. The Director shall take no further action on the application unless the deficiencies are remedied. b . Within ffifity (3 )0) days after the Director of -Planning and Development determines the application is complete, he shall review the application and shall determine whether the dwelling unit continues to meet the Standard Building Codes incorporated by Article VH1 into this Code or the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development, as well as the requirements of Section 7.08.03 of this Code and the Appearance and Design Standards of this section, and whether the unit is consistent with and compatible with surrounding units and whether the unit is consistent with and compatible with the general character of the neighborhood or community. C. A final determination in favor of compliance shall permit the relocation and replacement/reinstallation of the dwelling unit on the requested site provided all other provisions of this Code, or any code by reference incorporated into this Code are met, and subject to any conditions thatmaybe imposedto ensure compliance with applicable county regulations. Where such conditions require repairs, renovations, construction or other like activity in order to meet Appearance and Design. Standards or Minimum Code Compliance, security shall be required. The security shall be required prior to issuance of any building or construction permit, and shall be one hundred ten percent (110%) of the costs necessary to demolish, remove and dispose of the unit and appurtenances, including ali clean-up,administrative, overhead and other expenses associatedwith or incidental to restoring the lot to a conforming condition. If the Adopted December 30, 1992 Includes amendinents as adopted by Ordinances 93-10, 93-17, 94-8, 95-1, 96-3, 97-2, 98-05, 98-07, 99-09, 02-04, 03-04 (printed 07/03) L' Develcoment Design and Improvement Standards Pa building, construction or development activity is not completed pursuant to conditions placed, including any established timeframe for their completion, the applicant shall forfeit the security and the County may initiate action to demolish, remove and dispose of the unit and appurtenances. d. A final determination not in favor of compliance shall prohibit relocation if the reason for a finding of non compliance was the failure to meet the Standard Building Codes incorporated by Article VIH into this Code or the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development. If the reason for a finding of non compliance was the Lilure to meet the Appearance and Design Standards of this section or the failure to be determined to be consistent with and compatible with surrounding units or the failure to be consistent with or compatibl6'with the general character of the neighborhood or community, the relocation and replacement/reinstallation of the dwelling unit shall be limited to an otherwise conforming site located in a Residential Mobile Home (RMH) zoning district subject to applicable codes and regulations. The failure of a used unit to meet age standards as established by this Code for thelocation, relocation, placement, replacement, installation or reinstallation of a used unit shall not authorize the relocation, replacement or reinstallation of the unit in a Residential Mobile Home (Pd�vffl) district. e. An affected party may file an appeal of a final determination to the Board of Adjustments and Appeals as established by Section 13.07.01 of this Code L Deviations The Director of P1 g and Development may approve deviations from one or more of the Appearance and Design standards on the basis of a finding that the architectural style proposed provides compensating design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity. The determination of the Director may be appealed to the Board of Adjustments and Appeals as provided in Article = of this Code. J. Minimum Floor Area Exemptions 1. Due to the predominance of Agricultural activities inthe Countywhichmake the continued viability of such activities a critical County concern, the Minimum Floor area of dwelling units described in Subsection 7.08.02A of this Article shall be reduced from 1000 square feet to 800 square feet for the use ofbona fide agricultural labor for on -premises employment. In addition, standards established by Subsections 7.08.02(B-H) of this Article shall not apply to such units. Such dwelling units shall be at least 200 feet from any public road right-of-way. [AMENDED BY ORDINANCE 97-2] Adopted December 30,1992 Includes amendments as adopted by Ordinances 93-10, 93-17, 94-8, 95-1, 96-3, 97-2,98-05, 98-07, 99-09, 02-04, 03-04 (printed 07/03) . . . . ............ .. ..... Page V11- 72 Okeechobee CountV Land Development Reculations 2. The County is periodically the recipient of Federal and State Community Development Block Grants that are a great benefit to the County and its citizens. The maximization of the impact of these, and other similar funds is in the best interest of the citizens of the County. As such, the Minimum Floor area of dwelling units described in Subsection 7.08.02 A of this Article shall be reduced from 1000 square feet to 800 square feet in the case of construction fimded or assisted by a Community Development Block Grant or similar Federal or State grant. 3. As a transitional measure to lessen the immediate cost and disruption to conforming sites, any existing single family dwelling, mobile home, 0 11) ZIP manufactured home, or trailer having less than 1000 square feet that was lawfully placed upon aconforming lot orparcel in accordance with this Code or Ordinance 74-1 as amended, prior to December 30, 1992, maybe replaced with an otherwise conforming dwelling unit of not less than 800 square feet. For the purpose of this section only, the roof overhang requirement of section 7.08.02B shall be reduced to a minimum of 12 inches on two sides and 0 inches on the remaining two sides and the minimum width requirement of section 7.08.02F shall be reduced to 12 feet. (AMENDED BY ORDINANCE 93-10] K. Exemptions [AMENDED BY ORDINANCE 97-21 Lots of record existing as of January 1, 1997 that are zoned Agriculture (A) and that are greater than 10 acres in area are exempt from meeting the Appearance and Design Standards as established by this Section, except that the minimum floor area for any unit located, placed or installed on such a lot shall be no less than 800 square feet. Such dwelling units shall be at least 200 feet from any public road right-of-way. This section shallnotbe construed to be an exemption from minimum code standards as established by Section 7.08.03 of this Code. [Remainder of this page intentionally left blank] Adopted December 30, 1992 Includes amendments as adopted by Ordinances 93-10, 93-17,94-8, 95-1,96-3, 97-2,98-05, 98-07, 99-09, 02-04, 03-04 (printedO7/03) Development Design and Improvement Standards Pggj�Vll-73 7.08.03 Minimum Code Compliance Review [AMEI;DED BY ORi)INANCE 98-071 A. Generally (A.VENDM BY ORDINANCE 98-07] All mobile homes, manufactured homes, trailers, buildings, or other structures used or intended to be used for human habitation or the storage of materials associated with human habitation in the unincorporated area of the County should be reviewed to ensure that they provide the basic minimum housing and building construction standards essential for safe and healthfal living. To facilitate such a review, no mobile home, manufactured home, trailer or building shall be located, placed, deposited, installed or connected or reconnected to utilities in the unincorporated areas of Okeechobee County unless anduntil. saidmobile home, manufactured home, trailer or building has been either inspected or exempted in accordance with the provisions of this section. Any person or corporation transporting, installing or connecting to utilities a mobile home, manufactured home trailer or building in violation of this section shall be subject to fine or uinpriisonment in accordance with Article XHI of this Code. B. New Dwelling Units (AMENDED BY ORDINANCE 98-07] Ail new Manufactured homes built in compliance with the Manufactured Home Construction and Safety Standards (I-= Code), Chapter 320, Florida Statutes and provisions of the Florida Admi-ni ati e Code pertaining thereto shall be presumed to comply with the minimum standards of this Code upon written certification by a mobile home or manufactured home dealer licensed under Chapter 320, FS. that the mobile home or manufactured home was constructed and remains in compliance with said statutes and codes. Additionally, any permit application intending or proposing to place, replace, construct, reconstruct, locate, relocate, install or reinstall a new manufactured home or building in Okeechobee County must demonstrate that the unit was constructed to and remains in compliance with structural design requirements and windstorm protection provisions for Wind Zone II as established by HUD regulations CFR Part 3280, Sections 3280.305 and 3280.306, or the equivalent code, statute or regulation to which the construction of the particular building or structure is subject. C. Used Dwelling Units [AMENDED BY ORDINANCES 97-2 AND 98-071 This section applies to trailers, mobile homes, and used manufactured homes and buildings and shall ensure safe and livable housing. The provisions of this section shall not be construed to be more stringent that those standards required to be met in the manufacture or construction of new dwelling units. 1 All trailers, mobile homes, and used manufactured homes and buildings located within Okeechobee county on the effective date of this Code shall be inspected by the County Department of Planning and Development prior to being transported, reinstalled or relocated in the County. The person transporting or relocating the structure shall make application with the building department and pay the fee described in Appendix A Adopted December 30, 1992 Includes amendments as adopted by Ordinances 93-10, 93-17, 94-8, 95-1,96-3, 97-2,98-05, 98-07, 99-09, 02-04,03-04 (printed 07/03) Page V11- 74 Okeechobee County Land Development Reculations- including mileage, in full, for the off -site inspection. The off -site c' tur inspection shall ensure that trailers, mobile homes, or used manufac ed homes and buildings will meet the requirements of this Code or any code incorporated by reference into this Code but said requirements shall not be construed to be more stringent than the code to which the unit was originally constructed. s and 2. All used trailers, mobile homes and used manufactured home buildings prior to being transported into the County for the purpose of installation, use as a dwelling or resale within the County shall have an architect or professional engineer registered in the state certify that the trailer, mobile home or used manufactured home or building is in compliance with this Code or any code incorporated by reference into this Code and aMx his impression -type seal and registration number, telephone number and address. Any permit application intending or proposing to import into the county from outside of the county a trailer, mobile home, or used manufactured home or building must demonstrate that the unit was constructed to and remains in compliance with structural design requirements and windstorm protection provisions for Wind Zone 11 as established by HUD regulations CFR Part 3280, Sections 3280.305 and 3280.306, or the equivalent code, statute or regulation to which the construction of the particular building is subject. Upon meeting applicable requirements and subsequent relocation to the County, the provisions of paragraph (1) above shall apply. Upon County inspection, failure to meet the requirements of this Code shall requixe the immediate disposal of the unit or removal of the unit from Okeechobee County. 3. The Director of Planning and Development may establish agreements of reciprocity with.other counties and municipalities within this state to conduct the inspections required by this section. 4. Due to the lack of federal building and safety standards for transportable structures manufactured prior to June 15, 1976, as well as the adoption of local standard buildin g codes (see Article VHI) that for the most part would prohibit such structures, any mobile home as defined in Appendix B manufactured prior to June 15, 1976 is declared to be a substandard mobile home. Following the effective date of this Code, no mobile home manufactured prior to June 15, 1976 shall be imported into Okeechobee county for use or resale as a dwelling either temporarily or permanently, nor shall any mobile home manufactured prior to June 15, 1976 be installed, re- installed, located, re -located, placed or replaced within Okeechobee County, or moved from one location in the county to another location in the county. The sale, resale, installation or transportation of a mobile home in violation of this subsection is strictly prohibited. The Director of Planning and Development may grant limited waivers for the sole purpose of transporting a substandard mobile home out of Okeechobee County or to a permitted site for demolition and disposal. Adopted December 30,1992 Includes amendments as adopted by Ordinances 93-10, 93-17, 94-8, 95-1, 96-3, 97-2, 98-05, 9"7, 99-09, 02-04, 03-04 (printed 07/03) ndards pgqg�Vll- 75 D. Standards For Review (AMLNDED BY ORDINAINCE 98-0-7] Trailers, mobile homes and used manufactured homes and buildings shall meet the following standards for saf�ty and structural adequacy: a. Exterior exit doors, including sliding glass doors, shall be in good and safe working order. b. Exterior doors shall have safe and operable locks. C. If constructed after January 1, 1974, shall have operable egress windows or an exterior egress door located in each sleeping room. d. All windows and operators shall be safe and operable and all glass in place. e. Screens shall be on each window. f. All floors shall be of solid decking. All holes or damaged floors caused by leaks or broken decking shall be replaced or repaired, as needed. -. 9. All interior wall coverings shall be in place. h. The bottom board covering the underside of the floor joist shall be insectproof and rodentproof throughout, and securely sealed. i. The roof shall. be in good condition with no apparent leaks. j . There shall be at least three (3) over -the -roof tiedown straps, properly spaced and in good condition, on every single -wide mobile home. All double -wide mobile homes thatwere factory equippedwith over -the - roof tiedown straps must meet manufacturer's specifications. k. All running gear such as axles, wheels and springs shall be in good Z: and safe working order. 1. Chassis and hitch assemblies shall be in a safe, undamaged condition. M. The exterior wall covering shall be as necessary to prevent the entrance of water. 2. Trailers, mobile homes or used manufactured homes and buildings shall meet the following standards for plumbing adequacy: a. All plumbing fixtures shall be in place and in good workable condition. b. The relief valve on the water heater shall have unthreaded three- quarter -inch drain pipe extended beneath the mobile home. 3. Trailers, mobile homes or used manufactured homes andbuildings shall meet the following standards for heating system adequacy: a- All heating appliances shall be in place and in good and safe workable condition. b. All duct systems shall be in place and in good workable condition. 4. Trailers, mobile homes or use manufactured homes and buildings shall meet the following standards for electrical system adequacy: a. All shall comply with the provisions of article 550 of the National Electrical Code. Adopted December 30, 1992 Includes amendments as adopted by Ordinances 93-10, 93-17, 94-8, 95-1, 96-3, 97-2, 98-05, 98-07, 99-09, 02-04, 03-04 (printed OW03) Pace V11- 76 OkeeChobee County Land Development Regulations b. Distribution panel boards shall be properly installed, complete with required breakers or fuses, with all unused openings properly covered. C. All electrical fixtures shall be safe and properly installed. 5. Ail electrical outlets shall be of the grounded type. 6. All trailers, mobile homes or used manufactured homes and buildings shall have approved smoke detectors located outside of each sleeping area. E. Certificate of Inspection [Amnmm By oEmNANcE 98-0-71 Upon satisfactory completion of the inspection described in this section, receipt of a satisfactory written inspection report from a County or municipality of this state, satisfactory written certification from an engineer in accordance with subsection C2, above, or the satisfactory written certification from a licensed mobile home dealer, the Director of Planning.. and Development shall issue a permit authorizing transportation and installation of the trailer, mobile home, manufactured home or used manufactured home or building. Provided however no such permit shall be issued until the site on which the unit is to be placed is determined by the Director to be in compliance with all provisions of this Code. All permits shall be valid only for the site inspected. Any subsequent relocation of the trailer, mobile home, manufactured home or used manufactured home or building shall require another inspection and permit prior to removal or transportation. F. Minimum Code Review Required (AMENDEM BY 0RDWANM 97-2 AND 98-071 Any building or structure used or intended to be used for human habitation or the stora-,e of materials associated with human habitation not otherwise reviewed in accordance with this Section shall be inspected to ensure that they comply with basic minimum standards prior to the installation, connecting or provision of utilities in accordance with the provisions of the Standard Housing Code. See Article VIH F. A Certificate of Inspection shall be issued as provided in Subsection 7.08.03 E prior to occupation or use, and the provisions of Section 7.08.03(C), as well as other applicable provisions of this Code shall apply. Adopted Decernber 30, 1992 Includes arneadments as adopted by Ordinances 93-10, 93-17, 94-8, 95-1, 96-3, 97-2, 98-05, 98-07, 99-09, 02-04, 03-04 (printed 07/03) L Develoornent Desion and IMmrnitimmant, q., ndards PaRtVll- 77 7.08.04 Governmental Use Any agency of municipal, county, state, or federal government may utilize a mobile home, manufactured home, recreational vehicle, or other type of trailer for temporary purposes in any of the unincorporated areas in Okeechobee County, providing such uses shall not be or include a residential or dwelling use. On (governmentally owned land within the unincorporated area of the County, municipal, county, state, or federal crovernnient may utilize a mobile home, manufactured home or recreational vehicle for residential uses, subject to a showing that all other applicable regulations, such as those on health and sanitation, have been met. 7.08.05 Recreational Vehicles A. Use as a Dwelling No recreational vehicle as defined in Appendix-B, shall be used for dwelling purposes within Okeechobee County unless located within a licensed recreational vehicle park, subdivision, or campground. B. Appurtenances to Recreation Vehicles [AmENDED sy oRDiNANCES 94-8, 95-1 AM 96-31 Upon application and receipt of a permit from the Department of Planning and Development, appurtenances such as garages, carports, Florida rooms, screened rooms, sun rooms, greenhouses, cabanas, or patios (excluding kitchen and cooking facilities) may be placed along with any recreational vehicle unless specifically prohibited in subsection C below. In no event shall the combined square footage of all structures, including the recreational vehicle, exceed 2, 100 square feet or a sixty percent (60%) lot coverage, whichever is less, nor shall the total of all impervious surfaces exceed seventy (70%) lot coverage. Unless prohibited by subsection C below, recreational vehicles may be placed on a foundation and tied -down as provided in the Florida Administrative Code provided they are fally skirted. C. Exception to Appurtenances and Foundation No foundations or external appurtenances shall be constructed or placed along with any camping trailer, truck camper, motor home, private motor coach or van Cp conversion as defined in Appendix-B of this Code. D. Tie Down of Recreational Vehicles Any recreational vehicle stored or remaining on a site for longer than six (6) months shall obtain a permit and be tied down utilizing approved straps and anchors. This subpara or year round graph shall not be deemed to authorize the use of such vehicle f occupancy in violation of this Code. The Director of Planning and Development may require tie down of recreational vehicles that have not yet been located on a site for six (6) months where; d that the I The nature and extent of appurtenances would indicate a likehhoo recreational vehicle will remain for greater than six months, or Adopted December 30, 1992 Includes amendments as adopted by Ordinances 93-10, 93-17, 94-8, 95-1, 96-3, 97-2, 9M5, 98-07, 99-09, 02-04, 03-04 (printed 07/03) Pace V11- 78 OkeeChcbee Countv Land Development Regulations 2. The recreational vehicle is moved or relocated in such a manner that the intent of this subsection to provide for the Public Safety is evaded. E. Use as a Permanent Residence No recreational vehicle, regardless of size, extent or appurtenances or the fact that it is placed on a foundation, shall be used within Okeechobee County as a Permanent Residence as defined by Section 196.012, Florida Statutes. I [Remainder of this page intentionally left blank] Adopted December 30,1992 Includes amendments as adopted by Ordinances 93-10, 93-17, 94-8, 95-1, 96-3, 97-2,9M5, 98-07, 99-09, 02-04, 03-04 qxrinted 07/03) pacle V11- 79 oevelcoment Design and improvement standards i :'I- 7.08.06 Flowchart of Housing Review Process [Reserved] Adopted December 30, 1992 Includes amendments as adapted by Ordinances 93-10, 93-17, 94-8,95-1, 96-3,97-2,98-05, 98-07, 99-09, 02-04, 03-04 (printed07103) EXHIBIT 8 — NOVEMBER 4 AGENDA LETTER OF INTEREST November 4, 2003 THIS expression of interest stated between the CITY OF OKEECHOBEE, FLORIDA, 55 S.E. P Ave. Okeechobee, Florida, 34972, (hereafter CITY), a municipality existing under the laws of the State of Florida, and OLDE-TYME CONSTRUCTION INC., (hereafter COMPANY) PO Box 2782 Stuart, Florida 34995; WHEREAS, the parties have engaged in discussions concerning the development of City -owned industrial property for industrial park use, and the feasibility of construction of a new facility by COMPANY within the park, the park specifically being a 122.5 acre +/- parcel abutting Taylor Creek at N.E. 9h St. in the Northeast section of the City; and WHEREAS, at this prelfininary stage of the discussions, certain additional understandings between the parties are necessary to determine if COMPANY seeks to participate in such development, and whether such participation by COMPANY would assist the CITY in its application for State and Federal grant funds to develop the industrial park. THEREFORE, for the mutual benefit to each party by the participation in, and the development of, this project, it is the understanding of the parties that: 1. GRANTS: The CITY, through its applications, is pursuing State and Federal grants to assist in the financing and construction of the development of the City -owned industrial property into an industrial park, to attract additional business within the City, and also to accommodate the needs of business' such as that of the COMPANY within this park, which may include: a. Community Development Block Grant (CDBG), through the State of Florida b. Economic Development Administration Grant (EDA), through the Federal Government c. Transportation Grant, through the State of Florida. 2. GRANT EXPENSES: That in the application, procurement and administration of the various grants, each of which may have certain differing requirements, there are costs associated with application and administration of the grant(s), as well as preliminary engineering costs associated with the design and development of the industrial park, which until finiher agreement are costs born by the CITY and/or through grant funding. 3. ENGINEERING FEES OR COSTS: The City has retained an engineering firm to commence preliminary investigations, lab or well testing, borings and geological and hydraulic studies, drawings, specifications, surveying services, prepare contracts and bidding documents, and to ultimately perform or handle construction observation/inspection services, contract draws or payments, change orders, and all related engineering work in conjunction with the development of the industrial park. The firm is: Craig A. Smith & Assoc. 1000 W. McNab Road #200 Pompano Beach, Fla. 33069 It is understood that this list of services is not all-inclusive, and that additional engineering firms and/or services may be necessary to permit eligible businesses to participate in this project. It is understood that until ffirther agreement, all such costs are born by the CITY and/or through grant funding. 4. ENVIRONMENTAL: The parties understand that there are other issues associated with the development of the industrial park that require resolution prior to development, such as wetland mitigation that may be required by Department of Environmental Protection, South Florida Water Management District, or any other governmental agency, on those lands in the industrial park that may be purchased by COMPANY or others, for development of their particular project, which issues should be addressed and resolved by the CITY. 5. INTEREST IN PROJECT: That COMPANY engages in commercial activity at the present tirne in Stuart, Florida, and is interested in creating a new business and expansion/re-location of its current business. To that end, COMPANY has examined various possible sites for its business in and around Florida, as well as outside the state of Florida. The requirements of COMPANY include sufficient land to construct a commercial structure; appropriate land use and zoning designations to permit such use; access to major arterial highways; provision of utility, water and wastewater services; rail spur access; and other services typical to support such commercial activity. The creation and expansion/re-location of the business can reasonably be expected to immediately provide in excess of forty (40) new jobs for its activities at this site. In discussions to date between CITY and COMPANY, it appears that if the CITY, through its state and federal grant funding, is able to develop the industrial park project as preliminary design indicates, that the site in the CITY would be appropriate for use by COMPANY in its new and/ or expanded re -location. 6. FURTHER AGREEMENTS: By this letter of interest, COMPANY is interested in, and willing to actively continue discussions with CITY, city staff, engineering representatives and grant administration personnel to determine the feasibility of entering into further agreements preliminary to entry into binding contracts by the parties, for the purchase of sufficient lands by COMPANY to construct a facility within the city industrial development park. The size and nature of the facility contemplated by COMPANY would be consistent with the expression of interest set out herein, and its construction at the CITY is conditioned upon CITY being able to sufficiently exhibit its ability to obtain funding for, and to construct, the necessary h&astructure within the industrial park which would support the nature of a business such as that of COMPANY herein. 7. VESTING: The parties specificalty understand that at this stage of discussion, that without finiher negotiations and agreements, the expression of interest by the parties as to the goal of participation by COMPANY in the industrial park in the CITY shall confer no development rights or permits to COMPANY in the project, or permit COMPANY to rely to its detriment upon this letter of interest in its commitment of funds or resources in pursuing its interest in this project. 8. DURATION: The parties understand that COMPANY is interested in immediate construction of a new fitcility and while this document does not contemplate the parties entering into fin-ther discussion/agreements, until the stated conditions are met, COMPANY must move forward expeditiously in securing a location for its business. Therefore, the parties anticipate that the interests in COMPANY in the site in the CITY and execution of ftirther agreements or contracts should move towards finalization no later than February 1, 2004. EXECUTED this 4th day of November 2003. OLDE-TYME CONSTRUCTION, INC. By: Robert Meyer Authorized Officer or Agent CITY OF OKEECHOBEE, FLORIDA By: Jim Kirk, Mayor I, t - PROPOSALS F0(,,.,VEHICLE RENTAL nzoGRAm L EXHIBIT 9 NOVEMBER 4 AGENDA .osltl- per car $ .20,.000 'ehicle Rental E;2V—axu* Assume a fall 12 month lease early Lease Cost (Per Car) lurchase Price After the First rear (Per Car) lurchase Price After the Second ,'ear (Per Car) �Iurchase Price After the Third Year Per Car) $ $ s Ltq_ )o :Iurchase Price After the FourTh Ytar $ Per Car) Pu---chase Price After the Fifth Year $ LIST ANY ADDITIONAL COSTS ITEMS �:—OST LIST ALTERNATIVES AND OPTIONS 0 ct�- t,,iujLo v a (N �e, JQ on 101>\�o 0\,4e SIGNATURE: I)ENISE BEAUCHAMP TITLE: SENIOR VICE-PRESIDENT AGENCY: DATE: C.�-c -Xrv- I PROPOSAL FOR�EHICLE RENTAL PROGRAM lease che-1-1c the appropriate space whether you are including the provision or oi, or if you are providing an alternative. You may supplement this proposai -i-Lh ad(�',t,;onal information pertaining to your program. All fo=s must be igned and dated and returned to the City. (Check 0-ne) . YES NO ALT ROGRAM TERMS The term will be for 3 years with annual �newals after each year. A year is the 12 ionth period commencement of the program. ---------- ! Renew-�Is will be at the same terms, onditions, &. cost I The City can purchase any number of elhicles. at any time during the program. The emainder ofthe vehicles will remain on the )rograin- atthe same te-=S, conditions, and cost. I No prt-payment penalty for the purchase of 2!Ly ,.umber of vehicles pr-or to the completion of the )r")gr= No -mileage limits )PTION If you- program elects to have al! vehicles ret--�.,--Tned �te:- one year with no additional cost to the CitY, state your proposal with cosz and benefits to the C i ty. 'DIGNATURE: DENISE BEAUCHAMP rITLE: Cal ;R810raNT KISLAK NAMNAL BANK kGENCY: 110/2'��003 2:17:19 PM Page 1 Okeechobee 10-2004 - Single Car Compound Period ......... : Quarterly Nominal Annual Rate .... : 3.890 % CASH FLOW DATA Date Amount Period End Date -Event 1 Loan 02/01/2004 20,000.00 -Number - 1 2 Payment 02/01/2004 750.00 12 Quarterly 11/01/2006 3 Payment 02/0112007 1,664.19 8 Quarterly 11/01/2008 AMORTIZATION SCHEDULE - Normal Amortization, 360 Day Year Date Payment Interest Principal Loan 02/01/2004 1 02/01/2004 750.00 0.00 750.00 2 05/01/2004 750.00 187.21 562.79 3 08/01/2004 750.00 181.73 568.27 4 11/01/2004 750.00 176.21 573.79 2004 Totals 3,000.00 545.15 2,454.85 5 02/01/2005 750.00 170.63 579.37 6 05/01/2005 750.00 164.99 585.01 7 08/01/2005 750.00 159.30 590.70 8 11/01/2005 750.00 153.56 596.44 2005 Totals 3,000.00 648.48 2,351.52 9 02/01/2006 750.00 147.76 602.24 10 05/01/2006 750.00 141.90 608.10 11 08/01/2006 750.00 135.99 614.01 12 11/01/2006 750.00 130.02 619.98 2006 Totals 3,000.00 555.67 2,444.33 13 02/01/2007 1,664.19 123.99 1,540.20 14 05/01/2007 1,664.19 109.01 1,555.18 15 08/01/2007 1,664.19 93.88 1,570.31 16 11/01/2007 1,664.19 78.61 1,585.58 2007 Totals 6,656.76 405.49 6,251.27 17 02/01/2008 1,664.19 63.19 1,601.00 18 05/01/2008 1,664.19 47.62 1,616.57 19 08/01/2008 1,664.19 31.90 1,632.29 20 11/01/2008 1,664.19 16.02 1,648.17 2008 Totals 6,656.76 158.73 6,498.03 Grand Totals 22,313.52 2,313.52 20,000.00 Balance 20,000.00 19,250.00 18,687.21 18,118.94 17,545.15 16,965.78 16,380.77 15,790.07 15,193.63 14,591.39 13,983.29 13,369.28 12,749.30 11,209.10 9,653.92 8,083.61 6,498.03 4,897.03 3,280.46 1,648.17 0.00 L 10/21/2003 2:18:47 PM Page 1 Okeechobee 10-2004 - 22 Cars Compound Period ......... : Quarterly Nominal Annual Rate .... : 3.890 % CASH FLOW DATA Event Date Amount Number Period ---- End Date 1 Loan 02/01/2004 440,000.00 1 2 Payment 02101/2004 16,500.00 12 Quarterly 11/01/2006 3 Payment 02/01/2007 36,612.20 8 Quarterly 11/01/2008 AMORTIZATION SCHEDULE - Normal Amortization, 360 Day Year Date Payment Interest Principal Balance Loan 02/01/2004 440,000.00 1 02/01/2004 16,500.00 0.00 16,500.00 423,500.00 2 05/01/2004 16,500.00 4,118.54 12,381.46 411,118.54 3 08/01/2004 16,500.00 3,998.13 12,501.87 398,616.67 4 11/01/2004 16,500.00 3,876.55 12,623.45 385,993.22 2004 Totals 66,000.00 11,993.22 54,006.78 5 02/01/2005 16,500.00 3,753.78 12,746.22 373,247.00 6 05/01/2005 16,500.00 3,629.83 12,870.17 360,376.83 7 08/01/2005 16,500.00 3,504.66 12,995.34 347,381.49 8 11/01/2005 16,500.00 3,378.28 13,121.72 334,259.77 2005 Totals 66,000.00 14,266.55 51,733.45 9 02/01/2006 16,500.00 3,250.68 13,249.32 321,010.45 10 05/01/2006 16,500.00 3,121.83 13,378.17 307,632.28 11 08/01/2006 16,500.00 2,991.72 13,508.28 294,124.00 12 11/01/2006 16,500.00 2,860.36 13,639.64 280,484.36 2006 Totals 66,000.00 12,224.59 53,775.41 13 02/01/2007 36,612.20 2,727.71 33,884.49 246,599.87 14 05/01/2007 36,612.20 2,398.18 34,214.02 212,385.85 15 08/01/2007 36,612.20 2,065.45 34,546.75 177,839.10 16 11/01/2007 36,612.20 1,729.49 34,882.71 142,956.39 2007 Totals 146,448.80 8,920.83 137,527.97 17 02/01/2008 36,612.20 1,390.25 35,221.95 107,734.44 18 05/01/2008 36,612.20 1,047.72 35,564.48 72,169.96 19 08/01/2008 36,612.20 701.85 35,910.35 36,259.61 20 11/01/2008 36,612.20 352.59 36,259.61 0.00 2008 Totals 146,448.80 3,492.41 142,956.39 Grand Totals 490,897.60 50,897.60 440,000.00 ADDED ITEM EXHUNT 10 NOVEMsEFt 4 AGENDA RESOLUTION NO. 03-13 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING AND REQUESTING THAT CERTAIN ITEMS BE PRESENTED TO THE OKEECHOBEE LEGISLATIVE DELEGATION FOR INCLUSION IN THE OFFICIAL LEGISLATIVE DELEGATION REQUESTS TO THE FLORIDA LEGISLATURE FOR THE 2003-2004 LEGISLATIVE SESSION, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee Legislative Delegation is meeting in official session on November 6, 2003 to receive public comment and to discuss legislation of local interest for inclusion into their official requests to the Florida Legislature in the upcoming session; and , WHEREAS, the City of Okeechobee has determined that certain items of local concern are important to the City and its citizens, as well as Okeechobee County as a whole, and these items and their importance should be communicated to the Okeechobee Legislative Delegation for presentation to, and consideration by, the Legislature in such upcoming session; and WHEREAS, the City Council for the City of Okeechobee believes that the following list comprises the items of most critical concern at this time and wish to approve same for submission to the Legislative Delegation, which request serves a vital and legitimate municipal purpose; THEREFORE BE IT RESOLVED AND APPROVED, by the City Council for the City of Okeechobee, Florida: THAT the City Council is requesting that the Legislative Delegation introduce and support the requests made on behalf of not only the City, but also Okeechobee County, and the Okeechobee Utility Authority, for presentation to, and consideration by, the Florida Legislature for the 2004 session, which requests include: Industrial Park - Taylor Creek Bridge, Connector Road, Securing of Grants; Stormwater Master Plan; — Excessive Insurance Costs; — State mandated requirements for local board appointments, — US 441 and SR 70 Road Improvement Support; — Canal Clean Up Program; — Mosquito Control Program. RESOLVED, FURTHER, that on the 40' day of November 2003 that the City of Okeechobee officially submits the requests support of these issues by the Okeechobee Legislative Delegation. RESOLVED, FURTHER, that this resolution shall become effective immediately upon passage thereof. INTRODUCED AND ADOPTED in regular session this fh day of Novembe 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: James E. Kirk, Mayor John R. Cook, City Attorney L, REVISED EXHIBIT 10 RESOLUTION NO. 03-13 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING AND REQUESTING THAT CERTAIN ITEMS BE PRESENTED TO THE OKEECHOBEE LEGISLATIVE DELEGATION FOR INCLUSION IN THE OFFICIAL LEGISLATIVE DELEGATION REQUESTS TO THE FLORIDA LEGISLATURE FOR THE 2003-2004 LEGISLATIVE SESSION, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee Legislative Delegation is meeting in official session on November 6, 2003 to receive public comment and to discuss legislation of local interest for inclusion into their official requests to the Florida Legislature in the upcoming session; and WHEREAS, the City of Okeechobee has determined that certain items of local concern are important to the City and its citizens, as well as Okeechobee County as a whole, and these items and their importance should be communicated to the Okeechobee Legislative Delegation for presentation to, and consideration by, the Legislature in such upcoming session; and WHEREAS, the City Council for the City of Okeechobee believes that the following list comprises the items of most critical concern at this time and wish to approve same for submission to the Legislative Delegation, which request serves a vital and legitimate municipal purpose; NOW, THEREFORE, BE IT RESOLVED AND APPROVED, before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: THAT the City Council is requesting that the Legislative Delegation introduce and support the requests made on behalf of not only the City, but also Okeechobee County, and the Okeechobee Utility Authority, for presentation to, and consideration by, the Florida Legislature for the 2004 session, which requests include: — Industrial Park - Taylor Creek Bridge, Connector Road, Securing of Grants; — Stormwater Master Plan; — Excessive Insurance Costs; — State mandated requirements for local board appointments; — US 441 and SR 70 Road Improvement Support; — Canal Clean Up Program; — Mosquito Control Program. RESOLVED, FURTHER, that on the 4 1h day of November, 2003 that the City of Okeechobee officially submits the requests support of these issues by the Okeechobee Legislative Delegation. RESOLVED, FURTHER, that this resolution shall become effective immediately upon passage thereof. INTRODUCED AND ADOPTED in regular session this 4 1h day of November, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: James E. Kirk, Mayor John R. Cook, City Attorney ITEM ADDED TO NOV 4 AGENDA EXHIBIT 11 ORDINANCE NO. 847 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING ORDINANCE NO. 669, THE LAND DEVELOPMENT REGULATIONS (LDR'S); CREATING CHAPTER 75 THEREOF; ADOPTING CODE PROVISIONS CONCERNING VESTED RIGHTS OF DEVELOPERS; PROVIDING FOR RESPECTIVE RIGHTS, AND OBLIGATIONS, OF DEVELOPERS AND OF THE CITY; PROVIDING FOR ISSUANCE OF VESTED RIGHTS SPECIAL USE PERMITS; SETTING FORTH STANDARDS TO DETERMINE VESTED RIGHTS AND LIMITATIONS THEREON; PROVIDING FOR A DETERMINATION OF PRESUMPTIVE VESTING OF RIGHTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Land Development Regulations for the City of Okeechobee, Florida provide for structured growth and land use management consistent with the Comprehensive Plan code previously adopted by the City through a Concurrency Management System; and WHEREAS, said regulations must be amended and supplemented from time to time as the circumstances and needs of the City and its citizens change, which amendments may create uncertainty among developers and residents as to the application of the regulations, and whether the real property they may be concerned with is subject to "vesting", which generally means the rights of property owners are set in certain circumstances as far as compliance with City Codes and Land Development Regulations; and WHEREAS, the regulations presently do not clearly set for the respective rights, duties and responsibilities of land owners, developers and citizens as to vesting issues; and WHEREAS, private property rights are of paramount concern within the City, and it is in the best interests of both the City and property owners to develop clear guidelines to determine if respective property rights may be vested; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City Ordinance No. 669, the Land Development Regulations, be amended by creating the following Chapter 75: 1. CREATION OF CHAPTER 75. ARTICLE I SECTION 75-1. INTRODUCTION. In recognition of the fact that certain land development rights of property owners may be vested with respect to the City of Okeechobee Comprehensive Plan and these Land Development Regulations, this article sets forth a procedure for a Page 1 of 6 determination of vested rights. Any person claiming vested rights to develop property, including platted subdivisions, shall make application for vested rights special use permit pursuant to this section unless otherwise presumptively vested. ARTICLE 11 SECTION 75-2. DETERMINATION OF VESTED RIGHTS. (1) An application for vested rights special use permit shall be approved and a vested rights special use permit issued if an applicant has demonstrated rights that are vested under the following sections. Possession of a vested rights special use permit shall enable a permittee to commence and complete a development project or platted subdivision under such permit, applicable code, and Land Development Regulations as approved by the Technical Review Committee, up to and through issuance of appropriate Certificates of Occupancy, subject to compliance with such Codes, Laws and Land Development Regulations for which it is determined the development project is not vested. (2) An application for a vested rights special use permit may be submitted through the Building Department for the City of Okeechobee, Florida after the effective date of this ordinance, subject however to the following: a. If the vested rights special use permit is sought prior to issuance of a development order/building permit, that if the applicant and/or his authorized agent should not commence development activity by obtaining a building permit and submitting plans with review by the Technical Review Committee within the twelve (12) month period immediately following issuance of the vested rights special use permit, then such permit shall lapse, and any development activity at such property shall thereafter be subject to all codes and land development regulations then in effect. b. If the vested rights special use permit is sought subsequent to issuance of a development permit, the applicant must first assure through approval by the Technical Review Committee that at the time of application, the development project under construction meets and otherwise complies with all then -applicable Codes and Land Development Regulations within the City. SECTION 75-3. APPLICATION FOR VESTED RIGHTS SPECIAL USE PERMIT. (1) An application for vested rights special use permit shall be submitted to the building official for the City of Okeechobee, Florida on forms provided by the building department. After receipt of the application, the building official shall determine whether it is complete within seven (7) working days. Applications determined to be insufficient, in the sole discretion of the building official, shall be returned to the applicant specifying such deficiencies. The building official shall take no further action on the application until the deficiencies are corrected. (2) Within ten (10) working days of receipt of a completed application, the building official shall review and evaluate the application in light of all applicable codes and regulations, and based upon such codes and regulations, approve the application or deny the application, with such determination being in writing and specifying findings of fact supporting such decision. SECTION 75-4. STANDARDS FOR VESTED RIGHTS. Page 2 of 6 An application for a vested rights special use permit shall be approved if the applicant has demonstrated all of the following: (1) The applicant: a. Is the record title owner of the real property subject to development; or b. Entered into a valid contract or option to purchase the subject real property. (2) There was a valid, unexpired act of the City of Okeechobee, Florida, other than an existing future land use designation or an existing zoning designation, upon which the applicant reasonably relied in good faith to their detriment. (3) The applicant, in reliance upon the valid, unexpired act of government has made a substantial change in position or has incurred extensive obligations orexpenses;and (4) It would be inequitable, unjust or fundamentally unfair to destroy the rights acquired by the applicant. In making this determination, the building official shall consider relevant factors, including but not limited to: a. Whether construction or other development activity has commenced, and is continuing in good faith in compliance with all applicable codes and land development regulations. b. Whether the expense or obligation incurred cannot be substantially utilized for a development permitted by the City of Okeechobee, Florida , and C. That the applicant has or intends to commence development or construction activity, and for purposes of design, plan approval, methods of construction and code compliance, demonstrates the necessity to set applicable codes and land development regulations forthe duration of the projectthrough completion. Notwithstanding the foregoing, the City reserves the right and obligation at any time during construction activity to impose additional conditions on a property owner and/or developer for compliance if such conditions are imposed on the City or the project by the acts of state or federal agencies, or are reasonably necessary for the protection of public health and safety. (5) The following are not considered development expenditures or obligations in and of themselves: a. Expenditures for legal or other professional services that are not related to the design or construction of improvements. b. Taxes, special assessments paid on the real property. C. Expenditures for acquisition or the financing costs of the real property. SECTION. 75-6. PRESUMPTIVE VESTING. (1) Notwithstanding the foregoing, the following shall be considered to be presumptively vested property rights, which do not otherwise require a vested rights special use permit: Page 3 of 6 a. Possession of a final, development order/building permit for commercial or governmental facilities issued through final plan and site review by the Technical Review Committee. b. Approved building permit applications for single family residence on a conforming lot of record shall be presumptively vested with the provisions of the Comprehensive Plan, the Land Development Regulations and adequate public facilities provisions of the Comprehensive Plan. SECTION 75-7. PERIOD OF VESTING. (1) A determine of vesting, whether obtained by vesting rights special use permit or by presumptive vesting, shall continue until the development approved in the development order/building permit is complete through certificate of occupancy, or until the development order/building permit has expired or is invalidated. SECTION 75-8. LIMITATIONS ON DETERMINATION OF VESTED RIGHTS. (1) Upon the expiration of a period of two (2) years from a determination of vested rights either through a vested rights special use permit, or through presumptive vesting, and without issuance of a certificate of occupancy, the development order/building permit shall then become subject to compliance with all then -existing code and land development regulations. The property owner and/or authorized agent may apply in writing to the building official for a one (1) year extension of the period of vested rights so long as such request is made no less than ninety (90) days prior to expiration, and the applicant can demonstrate good faith compliance with all codes and land development regulations, and efforts at continued construction activity. (2) Commencing with the expiration of eighteen (18) months after the determination of vesting without the issuance of a certificate of occupancy, the property owner and/or developer shall submit monthly reports on forms provided by the city outlining good faith efforts at continuing construction activity; proposed completion dates; problems with timely completion; and such other information as would demonstrate the intent and interest in the property owner and/or developer in completion of the project. (3) The failure of the property owner and/or developer to demonstrate good faith efforts at continuing completion of the project; failure to comply with required monthly reporting; failure to demonstrate necessity for continuation of the project; shall permit the building official to issue an order rescinding the determination of vested rights, and require the development or construction activity to comply with then -existing Codes and Land Development Regulations. (4) All development subject to a vested rights special use permit or through presumptive right, must be consistent with the terms of the development order/building permit upon which such determination is based. Any substantial deviation from a prior approval, except deviation necessary by governmental action, shall cause the development order/building permit to be subject to the Policies, Codes, Land Development Regulations then in effect. The building official shall determine whether a substantial deviation has occurred by considering the following factors, which are not all inclusive: a. Any change in use or intensity of use that would increase the development's impacts on those public facilities set out in the Comprehensive Plan by more than 5 percent shall be presumed to be a substantial deviation; Page 4 of 6 b. Any change in access to the project that would increase the development's transportation impacts by more than 5 percent on any major, arterial or local roadway shall be presumed to be a substantial deviation unless such change in access can be construed to be an overall improvement to transportation flow and infrastructure. C. A vested rights special use permit or presumptive rights shall run with the land, and are therefore transferrable from owner to owner, subject to this code. d. Anything in this section to the contrary notwithstanding, a vested rights special use permit, or presumptive vesting determination may be revoked and rescinded by the City Council upon a reasonable showing that a peril exists to public health, safety or general welfare of the citizens of the City of Okeechobee that were unknown at the time of the vested rights determination, or arose subsequently to such determination. SECTION 75-9. APPEAL. (1) An aggrieved property owner and/or developer, upon the lapse of a vested rights determination or rescinding of such determination by the building official, may appeal such decision to the City Council for the City of Okeechobee, Florida. The City Council may uphold the actions, grant extensions of time for the vested rights determination, require additional information from the property owner and/or developer, set new timelines for completion of a project, or such other act as necessary if strict enforcement of this Code would cause undue hardship to the property owner and/or developer because of circumstances beyond their control. Any appeal must be filed with the City Administrator within thirty (30) days of lapse, or loss, of vested rights determination, and the applicant is responsible for assuring adequate preparation of a record of such proceedings for further review. (2) An aggrieved property owner and/or developer not satisfied with final decision of the City Council for the City of Okeechobee, Florida, may thereupon file an appeal with the appropriate circuit court within thirty (30) days of said meeting and decision of the City Council. 11. SEVERABILITY. In the event any portion of this ordinance as amended, should be deemed to be unenforceable by a court of competent jurisdiction, the remainder shall remain in full force and effect. 11111111111-42 2*4& dMI a -IT -A IF;* This ordinance shall become effective immediately upon its adoption. INTRODUCED for first reading and public hearing on the 4" day of November, 2003. ATTEST: Lane Gamiotea, City Clerk James E. Kirk, Mayor Page 5 of 6 ADOPTED after second reading and second public hearing on the 18 th day of November, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 6 of 6 sop-30-2003 02:30pm From-RUDEN WCLOSKY 187TH NTST 10 illRuden Agenda- McClosky `h, b ' 4 +9547SUgge I 9� L T-009 P 002/004 F-160 200 EAST BROWARD BOULEVARD FOR'I'LAUDERDALE. FLORIDA 33301 POSI OFFICE 13OX 1900 FORT I -Au DERDALE, FLORIC)A 33302 (954) 527-2412 PAX: (95413334012 bUSan.=fleV(*rUdL-jj.r,0M Via FacsimUe (863) 467 4798 John R. Cook, Esq. City Attorney 805 South Park Street. West Okeechobee, F1. 34974 October 16,2003 Re: Legal Representation for the aty of Okeechobee ("City P) DeaT John: It was so nice to see you again. Our firm is very pleased to provide legal services to the City, Tht fbllowing describes the basis upon wbich our firm will provide such legal advice and bill for those sen�ces. ScojRe of the Work: Our firm Will represent City in providing legal services to assist in annexation issues as well as in an eminent domain action against property owned by William 14. Mason, and any other legal scrviccs requested. As an officer of the firm, I will be the, partner in charge of the annexation matter. My partner, Toin Bolf, wiil be the partner in charge of the eminent domain action. Our fees will be based upon our standard hourly rates. My hourly rate is currently $350; Tom's is $280. We will attempt to use the services of associates or a legal assistant where It -is appropriate to do so in order to reduce youx costs. Our associates' hourly rates range from $150 to $220; our planners and legal assistants' rates range from $ 100 to $160. We will, of course, supervise any work done by them. Costs: It may be necessary to incur expenses for such iterns as long diswce telephone calls, "FAX" charges, Federal Express and hand delivery charges, transcripts of governmental hearing and filing and recording costs. Similarly some matters require substantial amounts of costly ancillary services such as photocopying, computeri2ed legal research and staff overtime. In order to allocate these expenses fairly and keep billable rates as low as possible for those matters which do not involve such expenditures, these items m separately itemized on our involocs tw "disbursements". Such disburgementsreprescm out-of-pocket costs, some represent FTLI I 12S5111 F0RTLA1Jr)FRD0NLE N MIAMI 0 NAPLES w ST.FETERSBURC 0 5ARA50TA m TALLAilASSEE 0 TAMPA a WE5TPALMBEACH sep-30-2003 02:30M From-RUDEN MCCLOSKY 18TTH NTST T-006 P-003/004 F-160 John R. Cook, Esq. October 16,2003 Page 2 an allocation of overhead costs associated with the items and others represent a combination of both factors. 3. _B i iling and Payrn en t: B iffing for the hourly work done will be on a mondily basis with an invoi cc which shows time billed in tenths of an hour, A monthly service charge is assessed against all accounts that are thirty (30) days old or greater. The monthly service charge is calculated at the annual rate of twelve percent (12%) or one percent (1%) per month. Applicable Florida law requires us to say that in the event it is necessary to institute legal proceedings to collect fees and costs, we will be entitled to reasonable artomey's few and costs of collection. in tile course of our representation, we may be required to attend meetings and hearings of governmental bodies and conunittees. We will bill you for time in attending such meetings and hearings, even though we May also be billing other clients with matters pending befbre the same meeting or hearing. Enclosed as well is an addendum to this retainer agreement which constitutes part of the agreement. As a new client of the firm, we normally request that you send urx a retainer fee. However, because this is a municipality we will not require a Tetainer, Please have an authorized city representative sign the enclosed copy of this lettcr agreeing to the terms of our representation and rcturn it to me SO I can open the files. Tom and I look fbrward to working with you on these marters. If you have questions concerning this letter, or anydiing else. please do not hesitatie to contact me. Sincerely. RUDEN, McCLOSKY, SMITH, /SCHU TER & RUSSELL, P-A. usan P. Motley SPM/Iks AGREED TO AND ACCEPTED THIS day of .2003. By: Print Name:_ Authorized Representative of the City of Okeechobec FTL; 1112553:1 Memo To: OUA Board From: Landon C. Fortner, Jr. Subject: OUA Projects Date: September 3, 2003 The following is a list of OUA projects with a brief update of each project: I North 441 Water and Sewer Line Extension Route survey has been completed Design of route is 95 % complete Design of pump station is 100% complete Received easements for school property Received easements for Hamrick Property Testing of soils at pump station has been done Changes made for NW 23d Lane intersection - School Easements approved August 12, 2003 - Bid approved for Master Pump Station Contract time on pump station begins October 10, 2003 Total of 3,350 feet of 4" Force -Main - Installed 2,650feet or 79%. Total of 3,150 feet of 6" Force -Main - Installed 1,600 feet or 51 % Total of 8,975 feet of 12" Force Main - Installed 8,650 feet or 100% -pressure tested Total of 8,800 feet of 16" Force -Main - Installed 3,900 feet or 80% Total of 750 feet of 6" Water Main - Installed 750 feet or 100% Total of 5,800 feet of 8" Water Main Total of 4,850 feet of 12" Water Main 2. Water Plant Bids opened on November 13, 2002 County Building Department pen -nit received FDEP Permit received I 1/ 12/02 Contract approved and signed on January 31, 2003 Weekly progress meetings held on Monday each week Shop drawings are being submitted to engineer Major items of equipment have been ordered Site drainage work being done Concrete work being done I Taylor Creek Isles Sewer Project Staff has applied to SFWMD for grant of 1.0 in]]. - Not Approved Approval of FDEP grant has been received Seeking easements for sewer line connection at commercial locations Opened bids on April 30, 2003 Approve contract on May 13, 2003 Letters have been sent to property owners about cost to connect Customers are signing payment agreements Construction began in July 2003 Air -Vac Equipment ordered - Delivery as needed 4. 24-inch Water Main Extension - SR 78 to SR 70 Requesting easements across private property Appraiser reviewed property Attorney has contacted property owner Draft casement sent to property owner 5. SW 32" Street Water Line Extension - SW 16'h Avenue to SW 24h Av nue 1. No work on this line at this time 6. Upgrade to SCADA Controls for Lift Station I- Test units are being installed for evaluation 7. Treasure Island Sewer Projec Application submitted to FDEP for $10.0 million grant for 2003-2004 Application for $25 mil. submitted to FDEP No funds approved for OUA projects this year Submit applications for funding in 2004 8. Utility Billing Software Upgrade Board approved purchase of Springbrook Software Received software for GL and AP Training completed for GL and AP - AP is operating Partial Training for utility billing in June and August Data converted - Conversion is being checked Utility Billing to be tested during October Operating parallel systems to test for accuracy 9. Water/Sewer Rate Study Board approved contract 03/25/03 Consultant prepared tables in financial model Consultant prepared infori-national hand-out Consultant prepared draft of Rate Study Board Workshop held June 24, 2003 2 L Board Workshop held July 22, 2003 Public Hearing held August 26, 2003 and September 9, 2003 New rates approved with effective date of 10/01/03 10. Kin2's Bay Private Sewer System Agreement has been signed as of May 30, 2003 Seventeen (17) pumps replaced by OUA to date OUA spent 213.6 man-hours replacing pumps, etc. Board Approved Engineering proposal in July 2003 Inventory completed on all customers Engineer reviewing data 11. HWY 441 SE - Taylor Creek to Martin Coun1y Line FDOT installing drainage pipes, retention pond and traffic control light OUA locating water lines Relocate water lines which conflict with new drainage system Adjust water lines for installation of traffic light Adjustment of water lines for installation of traffic light complete - lines returned to service 12. Bank Filtration Stud Board approved agreement Received Purchase Order for SFWMD for $9,750.00 Issued Purchase Order for Study Board reviewed preliminary report in September Board receives final report in October 13. FDOT Repairs to slope of overvass on SR 70 East Attend pre -construction meeting Locate water lines for contractor Reviewing Proposed Plans for solution to conflicts Relocation of water line required for future maintenance 14, CDC Studv of Surface Water and Groundwater Treatment Insert flyer in water bill as notice to customer Determine which customers are receiving surface water vs. ground water Meeting held July 23, 2003 with CDC and lab representatives Water samples being collected each week and sent to lab. Drawing of Service area sent to CDC Testing on hold until next spring 15. Request Bids for Lift Station Generators Opened Bids on July 24, 2003 Board approved bid on August 12, 2003 Order placed for three (3) generators Generators to be delivered in October 3 16. Preliminary Engineering Report (PER) for Wastewater Treatment Plant Metzger & Willard submitted proposal to SFWMD SFWMD agrees to provide funds for PER Meeting with SFWMD & Metzger & Willard held July 2, 2003 17. HWY 70 West - HWY 98 to West 7 Ih Avenue Review proposed plans to widen SR 70 Proposed construction date of July 2004 Prepare Utility Relocation Schedule Return marked -up plans to FDOT El CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: October 28, 2003 SUBJECT: Status Report FROM: Bill L. Veach, City Administrator Below is a brief summary of past and upcoming events. _SYNOPSIS.It��`, ADMINISTRATION GRIT — We are still awaiting the promised proposed settlement from the GRIT attorneys. Attorney Robbins has officially requested the proposal twice, in recent weeks. When we receive it, our attorneys (Cook and Robbins) will review it and John will bring the proposal (or a refined version) to the City Council for approval. Fire Station Project — We are occupying the entire building. A ribbon cutting and official opening are planned for December 2d, just prior to the tree lighting ceremony. A few details remain before we are officially finished with the project. At that time, we will finalize the budget/actual costs and I will provide them for each Councilman. Industrial Park — At this time, Olde Tyrne Construction from Stuart, has made a preliminary proposal in the form of a "Letter of Interest" (drafted by Attorney Cook). This company is in the pre -cast stone business and we will introduce the owner and 1h discuss details with the City Council on November 4 I have a second meeting scheduled with another potential company on October 30th. As mentioned in my previous status report, this company is not as far along with their future plans. I emphasize again that all contingencies hinge on the granting entities' willingness to permit us to replace Sheffield with another business. Right-of-way Acquisition and Annexation — The City Attorney and City Administrator visited the offices of Ruden McClosky in West Palm Beach on Wednesday, October 15. We discussed their review of documents John has prepared for the Billy Mason right-of-way matter and we also briefly addressed annexation questions. Discussions related to their firm's possible future involvement on both matters will be continued. ADMINISTRATION Building Department/Permitting — Questions have repeatedly arisen around the Big CONTINUED Lake Bank and the Glades Gas building projects. For this reason, I have scheduled two meetings for Wednesday, October 29h. The first will involve Joe Mullins, Joe Boyd and me. We will discuss building and permitting issues that have arisen related to the Big Lake Bank project. The second meeting will be between Monica Clark, Stephen Cooper (her engineer), Oscar Bermudez, John Cook and me. This meeting will address alley usage, drainage, impervious surface and parking issues related to the Glades Gas project. Both meetings will be recorded and minutes will be distributed to all participants with the hope of answering the applicants' questions and clearly stating the City's position/policies so that these projects can move forward without further contention. FINANCE Lola is closing out the FY02-03 budget. We will know if there is a need for a budget amendment when she completes this process. PUBLIC WORKS Public Works employees have been and continue to be most helpful in the Fire Station project. Public Works is currently painting City Hall to match the newly painted Fire Station. Donnie is attempting to secure necessary equipment needed for more extensive modifications to the 4 1h Street boat ramp. CODE Marvin Brantley has paid his $7,500 fine, and foreclosure proceedings have ceased. ENFORCEMENT Mr. Brantley's continued code violations and appropriate City actions are being discussed by Attorney Cook and Sammy Hancock. 1. Recommendations related to reversionary action in alley closings, etc. 2. Procurement of the Billy Mason/NE 9 Street right-of-way. 3. Noiselbreach of peace/animal ordinance. 4. Work with Building Department to draft notification regarding trailer park deed restrictions. 5. Draft ordinance related to allowable mobile home age. 6. Research annexation issues. 7. LDR issues, such as conversion of former residential structures to commercial, non -conforming structures, building site elevations, visibility triangles, drainage, sidewalk requirements and street cut/right-of-way resolution. 8. Hamrick Trust — John is in discussion with the County Attorney on this matter. 9. GRIT issues. 10. Adelphia Contract. 11. Marvin Brantley's continuing situation. 12. Advise on matters related to IRCC Crime Lab Contract. 7