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2003-11-18 Regular & Executive1010 1. CALL TO ORDER - Mayor: November 18, 2003, City Council Regular Meeting, 6:00 p.m. 11. OPENING CEREMONIES: Invocation given by Pastor Eddie Lamb, Bethel Assembly of God; Pledge of Allegiance led by Mayor. I1111. 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. CITY OF OKEECHOBEE NOVEMBER 18, 2003 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION A. Present Police Sgt. Jerome Smith with a Certificate of Retirement B. Proclaim the week of November 21-27, 2003 as "Farm City Week." PAGE I Of 10 Mayor Kirk called the November 18, 2003 Regular City Council Meeting to order at 6:00 p.m. The Invocation was offered by Pastor Eddie Lamb of the Bethel Assembly of God; Mayor Kirk led the Pledge of Allegiance. City Clerk Gamiotea called the roll: Present Present Present Present Absent Present Absent Present Mayor Kirk presented Sergeant Jay Smith with a Certificate of Retirement Plaque in honor of his 26 years of service to the City. Everyone wished him well on his new venture and thanked him for his years of dedication to the City. Mayor Kirk Proclaimed theweekof November 21-27,2003 as "Farm City Week"and read the proclamation in its entirety a$ follows: "WHEREAS, since our earliest days as a nation, farmers have filled the soil of this great land, fooding their families, other ciftens, and people around the world. Over the years, our economy has change4 but the American farm and ranch have remained a vital thread in the fabric of our lives; and WHEREAS, our nation was lbunded on values of hard work faith, family and community. Those values still hold true for krmers and ranchers; and WHEREAS, by providing an abundant supply of safe, high -quality food and fiber, our farmers and ranchers contribute to a quality of life in our country that is unmatched around the world; and WHEREAS, farmers and ranchers do not work alone. Farm workers, researchers, educators, processors, shippers, truck driver, inspectors, agribusinesses, wholesalers, marketers, retailers and consumers, many of NOVEMBER 18, 2003 - REGULAR MEEnw - PAGE 2 OF 10 6711 IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. B. Proclaim the week of November 21-27, 2003 as "Farm City Week" whom are in urban and suburban arms, all play Important roles in the incredible producdvity of our nation's continued. food and fiber system; and WHEREAS, this week as we gather with family and ftiends around the Thanksgiving table, It is fltdng that we count among our blessings the vital Farm -City partnerships that have done so much to Improve the quality of our lives. Rural and urban communides working together have made the most of ourrich agricultural resources, and they continue to contribute to the health and well-being of our people and to the strength of our economy. NOW, THEREFORE; 1, James E I(Irk Mayor of the City of Okeechobee, by virtue of the authority vested in me, do hereby proclaim the week of November 21, 2003 through November 27, 2002 as Farm -City Week, and I do further caff upon citizens in rural and urban areas to acknowledge and celebrate the achievements of all those who, working together, produce an abundance of agricultural products that strengthen and enrich our community and our nation. " Mr. Davie Raulerson of the Okeechobee County Farm Bureau was present to receive the proclamation and distributed vegetable bags for each of the Council and Staff. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the November 4, 2003 Regular Meeting. November 4, 2003 Regular Meeting; seconded by Council Member Markham. There was no discussion regarding this III item. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the October 2003 Warrant Register: Council Member Watford moved to approve the October 2003 Warrant Register in the amounts: General Fund, five hundred nine thousand, seven hundred twenty-nine dollars and eighty-six cents ($509,729.86); Industrial Development General Fund ............................. $509,729.86 Fund, seventy-three thousand, twenty-nine thousand and eighteen cents ($73,029.18); Capital Improvements Project Industrial Development Fund .................. $73,029.18 Fund (Building), forty thousand, six hundred eighty-one dollars and ninety-four cents ($40,681.94); Public Facility Capital Improvements Project Fund (Building) ..... $40,681.94 Improvement Fund, two thousand, forty-four dollars and sixteen cents ($2,044.16); seconded by Council Member Public Facility Improvement Fund ...... I ......... $2,044.16 Markham. There was no discussion regarding this item. VI. WARRANT REGISTER CONTINUED. A. Motion to approve the October 2003 Warrant Register continued. VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. NOVEMBER 18,2003 - REouLAR MEE`nNG - PAGE 3 OF 10 VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. New Business Items B. was added. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:19 P.M. A. 1. a) Motion to read by title only proposed Ordinance No. 842 closing the Council Member Chandler moved to read by title only proposed Ordinance No. 842 closing the alleyways in Block 109, alleyways in Block 109, Alley Closing Application No. 70 submitted Alley Closing Application No. 70 submitted by Paul and Marilyn Buxton; seconded by Council Member Watford. by Paul and Marilyn Buxton - City Attorney (Exhlbft 1). 11 b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - ANENT MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 842 by title only. Attorney Cook read proposed Ordinance No. 842 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THEALLErS OR ALLEYWArS LOCATED IN BLOCK 109, CITY OF 0 Z RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RETAINING A RIGHT OF REVERSION, AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FORAN EFFECTIVE DATE." VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. a) Motion to adopt proposed Ordinance No. 842. b) Public comments and discussion. c) Vote on motion. NOVEMBER 18,2003 - REGULAR MEETING - PAGE 4 OF 10 673 Council Member Markham moved to adopt proposed Ordinance No. 842; seconded by Council Member Chandler. Mayor Kirk asked whether there were any questions or comments from the public. There were none. This ordinance pertains to Alley Closing Application No. 70 submitted by Vikki Aaron on behalf of the property owners, Paul and Marilyn Buxton. The request is to close both the North to South alley and East to West alley in Block 109 OKEECHOBEE. Easements will need to be reassigned between each utility company and the owners. The effective date of the ordinance will be when the last easement is recorded. A copy of those easements are to be copied to the Clerk's Office. The Clerk's Office reports that all fee's have been paid. The ordinance was advertised in the Okeechobee News on November 7. Twenty-two letters were mailed to surrounding property owners, there have been no comments or questions from those letters. Council noted this was a valid request to close alleys due to the proximity of North Parrott Avenue. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. B. 1. a) Motion to read by title only proposed Ordinance No. 845 pertaining Council Member Watford moved to read by title only proposed Ordinance No. 845 pertaining to Rezoning Application to Rezoning Application No. 03-007-R submitted by Robert and No. 03-007-R submitted by Robert and Betty Braun; seconded by Council Member Markham. Betty Braun - City Planning Consultant (Exhibit 2). 111 b) Vote on motion to read by title only. VOTE KJRK - YEA CHANDLER - YEA MANCHAM - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. 674 NovEmBER 18, 2003 - REGULM MEETING - PAGE 5 oF 10 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 1. c) City Attorney to read proposed Ordinance No. 845 by title only. Attorney Cook read proposed Ordinance No. 845 by title only as follows: 'AN ORDINANCE OF THE CITY OF OKEECHOBEE; FLOPJDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACTOFLAND NOREPARTICULARLYDESCRIBED HEREIN, FROURESIDENTIAL MULTI -FAMILY (RNF) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV7 ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE. ff 2. a) Motion to adopt proposed Ordinance No. 845. 111 Council Member Markham moved to adopt proposed Ordinance No. 845; seconded by Council Member Chandler. b) Public comments and discussion. 111 Mayor Kirk asked whether there were any comments or questions from the public. There 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 2nd Street from Residential Multiple Family (RMF) 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 the surrounding property owners were advised that you cannot limit zoning to one specific use, and 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 based on the following information found in the Planning Staff Summary: This property is designated Commercial on the Future Land Use map and the existing use of a mortuary is Commercial. The current Residential Multiple 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. NOVEMBER 18, 2003 - REGULAR MEETING - PAGE 6 OF 10 675 Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Public comments and discussion continued. Analysis: (1) The proposed zoning is compatible and consistent with the Comprehensive Plan. (2) It will not have an adverse effect on the public interest. (3) The prosed zoning is compatible with adjacent uses. To the North are dental offices, with a Commercial and Multi -Family Future Land Use designation with zoning as Residential Multiple Family. To the South are Commercial/Residential uses with Commercial Future Land Use and Heavy Commercial zoning. To the East is an Insurance office, with Commercial Future Land Use and Heavy Commercial zoning. To the West are professional offices, with Commercial Future Land Use and Heavy Commercial zoning. (4) Uses under this zoning will not adversely affect property values of adjacent property, (5) Any new commercial uses contemplated for this site can be suitable buffered, if needed. (6) The site is not applicable regarding the issue of creating a density pattern that would overburden public facilities such as school, streets and utility services. (7) The current use has not created detrimental traffic conditions and it is note believed that other commercial uses would create detrimental traffic conditions. (8) There would be no special privilege granted if this rezoning request is approved. c) Vote on motion. VOTE KURK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. C. 1. a) Motion to read by title only proposed Ordinance No. 846 regarding Council Member Markham moved to read by title only proposed Ordinance No. 846 regarding restriction on placement restriction on placement of mobile homes within the City - City of mobile homes within the City; seconded by Council Member Chandler. Attorney (Exhibit 3). 111 b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. 616 N I o I vE 11 m - B I E I R 1 18 1 2 1 003- 1 REG I u I L I A 11 R - M I EETIN I G PAGE 7 OF 10 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 1. c) City Attorney to read proposed Ordinance No. 846 by title only. Attorney Cook read proposed Ordinance No. 846 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORWA AMENDING CHAPTER 90, ARTICLE III, DISTRICTS AND DISTRICT REGULATIONS, DIVISION FOUR PERTAINING TO MOBILE HOME DISTRJCT ZONING REGULA77ONS (RUH); CREATING SECTION W167 THROUGH 90-171 THEREOF, PROVIDING FOR STANDARDS FOR SINGLE FAMILYMOBILE HOME UNITS INCLUDING DESIGN, PLACEMENT, FOUNDA770N, AND APPEARANCE STANDARDS; PROVIDING LIMITATIONS ON AGE OF UNITS FOR PLACEMENT WITHIN THE CITY, PROVIDING FOR A PROCESS OFAPPLICATION, REVIEWAND APPEAL THEREOF, ADOPTING STANDARDS FROM THE U.S. DEPARTMENTOFHOUSING AND URBAN DEVELOPMENTAND CHAPTER 15 OFFLORIDAADNINISTRATIVE CODES; PROVIDING FORPLACEMENTUSEAND OCCUPANCY OF RECREATIONAL VEHICLES INITHIN THE CITY OF OKEECHOBEE, PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.." 2. a) Motion to adopt proposed Ordinance No. 846. 111 Council Member Markham moved to adopt proposed Ordinance No. 846; seconded by Council Member Chandler. b) Public comments and discussion. III Mayor Kirk asked whether there were any comments or questions from the public. There were none. Following a lengthy discussion between the Council and Attorney Cook, Council Member Wafford moved to table this item to give Attomey Cook time to present it to the Land Planning Agency and receive comments from Engineer BerTnudez and Building Inspggor BUde seconded by Council Member Chandler. The item cam be presented to the Land Planning Agency at their December 16, 2003 meeting and returned to the City Council at their January 2, 2004 meeting. c) Vote on motion. VOTE ON MOTION TO TABLE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLum - AssENT MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:46 P.M. NOVEMBER 18,2003 - REwLAR MEETING - PAGE 8 OF 10 6,77 IX NEW BUSINESS. A. 1. a) Motion to read by title only and set December 2, 2003 as a public Council Member Watford moved to read by title only and set December 2, 2003 as a public hearing date, proposed hearing date, proposed Ordinance No. 847 reassigning easements Ordinance No. 847 reassigning easements as adopted by Ordinance No. 832 - City Attorney (Exhibit 4); seconded 11 as adopted by Ordinance No. 832 - City Attorney (Exhibit 4). by Council Member Markham. b) Vote on motion to read by title only. VOTE KJRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WiLI-LAms - AWENT MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 847 by title only. Attorney Cook moved read proposed Ordinance No. 847 by title only as follows: "AN ORDINANCE AMENDING ADOPTED ORDINANCE NO. 832 CLOSING, VACA77NG AND ABANDONING THE ALLEYS, ALLEYWAYS OR STREETS LOCATED IN BLOCKS 128, 135 AND A PORTION OF NORTHWEST 3RD STREET, CITY OF OKEECHOBEE; AS RECORDED IN PLATBOOK 1, PAGE 10, AND PLATBOOK5, PAGE5, PUBLICRECORDS, OKEECHOBEE COUNTY, FLORIDA; REASSIGNING EASEMENTS FOR PUBLIC UTILITIES PURPOSES, DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLOPJDA; PROVIDING FOR AN EFFECTIVE DA TE. " 2. a) Motion to approve the first reading of proposed Ordinance No. 847. Council Member Markham moved to approve the first reading of proposed Ordinance No. 847; seconded by Council III Member Chandler. b) Public comments and discussion. III Mayor Kirk asked whether there were any questions or comments from the public. There were none. This ordinance is being presented at the County's request. When they applied for street and alley closing (No. 69) exactly where the easement needed to be was not known. Now that they have progressed with the project, the area where the existing water and sewer lines will be the only easement needed. There was a brief discussion between Attorney Cook and Council Member Markham regarding the ownership of alleyways. 678 IX NEW BUSINESS CONTINUED. A. 2. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. NOVEMBER 18, 2003 - REouLAR MEEnNG - PAGE 9 OF 10 A. Discuss existing setbacks and height regulations for fences within Mr. Jerry Campbell of Like New Appliance addressed the Council regarding current height regulations and setbacks Commercial zoning districts - Jerry Campbell Ptem Added to for fencing within Commercial zoning districts. He is concerned that a proposed business located next to his existing Agenda). business will be fencing the perimeter and causing a traffic safety issue. He asked that Council review the regulations and compare them to other cities. His recommendation was to have a 20-foot front set -back for fences within a 11 Commercial district and that the fence could not be any higher than 4-feet. MUor Kirk instructed Attom2y Cookto reviewthe current Ligulaflons and make sure their inte!pretations are not ambiguous. Should he find any inconsistencies or areas that need revised, the suggested amendments should be forwarded to the Land Planning Agen;y for review and then to the Cfty Council wfth their recommendations. B. Recess from the regular meting to enter into an Executive Session At 7:18 p.m. the Mayor called for the regular meeting to recess and begin the Closed Executive Session. Those only for discussion of a pending litigation - Mayor. to remain in the room are Mayor Kirk, Council Member Chandler, Council Member Markham, Attorney Cook and a III court reporter. Council Members Watford and Williams were absent as well as Administrator Veach. The discussion was confined to settlement negotiations or strategies relating to litigation expenditures concerning the pending lawsuit with William H. Mason. The court reporter's transcript will be made part of the public record upon conclusion of the litigation. All transcripts are filed in the Office fo the City Clerk. C. Motion to close Executive Session and reconvene Open Session - Mayor Kirk adjourned the Closed Executive Session at 7:42 p.m. Mayor. I A(IFNnA X. ADJOURN MEETING - Mayor. Please take notice and be advised that if a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, helshe may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Cler* tapes are for the sole purpose of backup for official records of the Cler*.. ATTEST: James E. Kirk, Mayor Lane Gamiotea, (tity Clerk NOVEMBER 18, M03 - REGULM MEETIN - PAGE 10 OF 10 679 0 '0 ITION - DISCUSSION NOTE, 1 UNCLAC There being no further items on the agenda, Mayor Kirk adjourned the November 18, 2003 meet at 7:43 p.m. The next regular City Council Meeting is scheduled for Tuesday, December 2, 2003. PAGE -1 - CITY OF OKEECHOBEE -NOVEMBER 18,2003. REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES 1. CALL TO ORDER - Mayor: 11. OPENING CEREMONIES: Invocation given by Eddie Lamb, Beftl A sembly of God. Pledge of Allegiance led by avor �\QUC 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 .V/ Vl*" 4- IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A, Present Police Sgt. Jerome Smith with a Certificate of Retirement. B, Mayor Kirk Proclaimed the week of November 21-27, 2003 as "Farm City Week" and read the proclamation in its entirety as follows, "WHEREAS, since our earliest days as a nation, farmers have tiled the soil of this great land, feeding their families, other citizens, and people around the world. Over the years, our economy has changed, but the American farm and ranch have remained a vital thread in the fabric of our lives; and WHEREAS, our nation was founded on values of hard work, faith, family and community. Those values still hold true for farmers and ranchers; and WHEREAS, by providing an abundant supply of safe, high -quality food and fiber, ourfarmers and ranchers contribute to a quality of life in our country that is unmatched around the world; and WHEREAS, farmers and ranchers do not work alone. Farm workers, researchers, educators, processors, shippers, truck drivers, inspectors, agribusinesses, wholesalers, marketers, retailers and consumers, many of whom are in urban and suburban areas, all play important roles in the incredible productivity of our nation's food and fiber system; and WHEREAS, this week, as we gather with family and friends around the Thanksgiving table, it is fitting that we count among our blessings the vital Farm -City partnerships that have done so much to Improve the quality of our lives. Rural and urban communities working together have madethe most of our rich agricultural resources, and they continue to contribute to the health and well-being of our people and to the strength of our economy. NOW, THEREFORE, 1, James E. Kirk, Mayor of the City of Okeechobee, by virtue of the authority vested in me, do hereby proclaim the week of November 21, 2003 through November 27, 2002 as Farm -City Week; and I do further call upon citizens in rural and urban areas to acknowIledge and celebrate the achievements of all those who, working together, produce an abundance of agricultural products that strengthen and enrich our community and our nation. I& Q_ e�l PAGE -2- V. MINUTES - City Clerk. A. Council Member UV moved to dispense with the reading and approve the Summary of Council Action for the November 4, 2003 Regular Meeting; seconded by Council Member I _Y�) - VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTIOt:!��I:ED)- DENIED V1. WARRANT REGISTER - City Administrator. A. Council Member �)u) moved to approve the October 2003 Warrant Register in the amounts: General Fund, five hundred nine thousand, seven hundred twenty-nine dollars and eighty-six cents ($509,729.86); Industrial Development Fund, seventy-three thousand, twenty-nine thousand and eighteen cents ($73,029.18); Capital Improvements Project Fund (Building), forty thousand, six hundred eighty-one dollars and ninety-four cents ($40,681.94); Public Facility Improvement Fund two thousand, forty-four dollars and sixteen cents ($2,044.16); seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS - MOTION: CARRIED - DENIED Vill. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. rcv%kA _�'c'-UJ_ _D_�,CLX1_P _bW- OACL _611J 4J WQA]6 /,W . Je— - UY J Al�t 6 6k J W41 UAL 4f1w -a- d_GQ13k4 V6e5ia Vill. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT (i�, /9 P.M. POAN A.I.a) Council Member QQ__ moved to read by title only proposed Ordinance No. 842 closing the alleyways in Block 109, Alley Closing Application No. 70 submitted by Paul and Marilyn Buxton - _7'� City Attorney (Exhibit 1); seconded by Council Member 1- 11 "�L b) Vote on motion to read by title only. 614 VOTE YEA NAY ABSTAIN ABSENT (Ic�/,CIILVI KIRK -dw CHANDLER MARKHAM WATFORD WILLIAMS MOTION CARRIED - DENIED c) Attorney Cook read proposed Ordinance No. 842 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 109, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RETAINING A RIGHT OF REVERSION; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." L 4- �j Occc to a- ij-�m q a CVC) Wwi PAGE -3- 2.a) Council Member moved to adopt proposed Ordinance No. 842; seconded by Council Member UQ�� b) Public comments and discussion. This ordinance pertains to Alley Closing No. 70 submitted by Vikki Aaron on behalf of the property owners, Paul and Marilyn Buxton. The request is to close both the North to South alley and East to West alley in Block 109 OKEECHOBEE. Easements will need to be reassigned between each utility company and the owners. The effective date of the ordinance will be when the last easement is recorded. A copy of those easements are to be copied to the Clerk's Off ice. The Clerk's Off ice reports that all fee's have been paid. The ordinance was advertised in the Okeechobee News on November 7. 22 letters were mailed to surrounding, property owners. No comments to date. JOLL6 Vn(RA 1�41 c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK L- CHANDLER MARKHAM WATFORD WILLIAMS MOTION CARRIED - DENIED PAGE -4- B.I.a) Council Member moved to read by title only proposed Ordinance No. 845 pertaining to Rezoning Application No. 03-007-R submitted by Robert and Betty Braun - City Planning Consultant (Exhibit 2); seconded by Council Member JA b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION CARRIED - DENIED T, c) Attorney Cook read proposed Ordinance No. 845 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM 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 UfN moved to adopt proposed Ordinance No. 845; seconded by Council Member U� - 0� b) Public comments and discussion.. �Z �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 d Street from Residential Multiple Family (RMF) 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 f uneral home ever move or close. Mr. LaRue explained that the surrounding property owners were advised that you cannot limit zoning to one specific use, and 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 based on the following information found in the Planning Staff'. Summary: This property is designated C on the FLU map and the existing use of a mortuary is C. The current PMF zoning is not consistent with the FLU designation or the isting use of this property. CHV allows a variety of uses which all can be implemented through the site development plan review process. Analysis: The proposed zoning is compatible and consistent with the Comp Plan, (2) It will not have an adverse ef f ect on the public interest. (3) The prosed zoning is compatible with adjacent uses. To the North are dental off ices, with a FLU of C & MF and zoning RMF. To the South are Commercial/Pesidential uses with FLU - C and zoning CHV. To the East is an Insurance off ice, FLU - C and zoning - CHV. To the West are professional off ices, FLU - C and zoning CHV. (4) Uses under this zoning will not adversely of f ect property values of adjacent property. (5) Any new commercial uses contemplated for this site can be suitable buffered, if needed. (6) The site is not applicable regarding the issue of creating a density pattern that would overburden public facilities such as school, streets and utility services. (7) The current use has not created detrimental trof f ic conditions and it is note believed that other commercial suses would create detrimental traf f ic conditions. (8) There would be no special privilege granted if this rezoning request is approved. C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT L4�4 (10 PJ',-&� KIRK CHANDLER MARKHAM 14 kci 0-.V V, WATFORD ry_�4 WILLIAMS MOTION CARRIED - DENIED PAGE -5- C.1.a) Council Member moved to read by title only proposed Ordinance No. 846 regarding restriction on placement of mobile homes within the City - City Attorney (Exhibit 3); seconded by Council Member U�, b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK Ll� CHANDLER L/ MARKHAM WATFORD A9 WILLIAMS------- T"T MOTION CARRIED - DENIED c) Attorney Cook read proposed Ordinance No. 846 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 90, ARTICLE 111, DISTRICTS AND DISTRICT REGULATIONS, DIVISION FOUR, PERTAINING TO MOBILE HOME DISTRICT ZONING REGULATIONS (RUH); CREATING SECTION 90-167 THROUGH W171 THEREOF, PROWDING FOR STANDARDS FOR SINGLE FAMILY MOBILE HOME UNITS INCLUDING DESIGN, PLACEMENT, FOUNDATION, AND APPEARANCE STANDARDS, PROVIDING LIMITATIONS ONAGE OF UNITS FOR PLACEMENT MTHIN THE CITY, PROVIDIAIG FOR A PROCESS OFAPPLICATION, REVIEWAND APPEAL THEREOF, ADOPTING STANDARDS FROM THE U.& DEPARTMENT OF HOUSING AND URBAN DEVELOPMENTAND CHAPTER 15 OF FLORIDA ADMINISTRATIVE CODES; PROVIDING FOR PLACEMENT USE AND OCCUPANCY OF RECREATIONAL VEHICLES MTHIN THE CITY OF OKEECHOBEE, PROVIDING FOR EXEMPTIONS, PROVIDING FOR SEVERABILITY, PROWDING POR AN EFFECTIVEDATE." 2.a) Council Member moved to adopt proposed Ordinance No. 846; seconded by Council Member k&,, . b) Discussion. d-W 4-o /0 yt�o) %RPI Q V&j LL7) ecu�ks, cLi4 V 0/ �\,� /L- L I-VLC--UUA- 00 C�j /C So C) 00 �k-k,okuy (-J/ q�u-) (-LJIL�j b-tr jfuLta- cotruj& C) Ate"on motion. VOTE YEA NAY A13STAIN ABSENT �Atj(t KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: CARRIED - DENIED mAYOR KIRK CLOSED THE PUBLIC HEARING AT P.m. CtLbj� P uo-L - LLVC(�6— Asiu PAGE -6- IX NEW BUSINESS A.I.) Council Member moved to read by title only and set December 2, 2003 as a public hearing date, proposed Ordinance No. 847 reassigning easements as adopted by Ordinance No. 832 - City Attorney (Exhibit 4); seconded by Council Member LYY� b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION CARRIED - DENIED c) Attorney Cook moved read proposed Ordinance No. 847 by title only as follows: "AN ORDINANCE AMENDING ADOPTED ORDINANCE NO. 832 CLOSING, VACA TING AND ABANDONING THE ALLEYS, ALLEYWAYS OR STREETS LOCATED IN BLOCKS 128,135 AND A PORTION OF NORTHWEST 3RD STREET, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; REASSIGNING EASEMENTS FOR PUBLIC UTILITIES PURPOSES; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, J FLORIDA; PROWDING FOR AN EFFECTIVE DATE. 2.a) Council Member LXY� moved to approve the first reading of proposed Ordinance No. 847; seconded by Council Member t� Q-- b) Public comments and discussion. This ordinance is being presented at the County's request. When they applied for street & alley closing (no. 69) exactly where the easement needed to be was not known. Now that they have progressed with the project, the area where the existing water & sewer lines will be the only easement needed. (M-'� c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION CARRIED - DENIED 4 Da PZS pso jud- Aw- 40-AZLS IWOW.- Q'I - (1, CA, ," -_,_._..~,~.___._"" ____.._._.'_......'."'.M"..... i l '.... - -,----~..,..._-..._,.._-,-, .-,- -..-------..- ~._--~.-"._-- -,...-..~--- ----~..._-- ~H Ll W ~ '- ,; ~ ll: ' -~WJl Ju 1.\ -~O ;;~O ~-~-~-~fu~;p;;-~~_ m - -- ~,!;~~~~~ ~~~~i-~~=f1~--= tll _~~______ __....._ ~~-t~~~~~~b~ Sl ~ ~cQ -l _ ){ eJt- . _ --'---=~~-- - --- ---- ---11frRmiL~Q.QliL~~__-~2CL -.._~- -- dinlQj,bA~-Jl.Qlad-,-- .--_ n i' , m;-J VAI,l UJ..pf:L.jJ!2Ah,.dt;j'~_ Il'1)U ,j I, ", --~---.- ift--'-~----~-..---_.._._'-'oJ-v "h - ~ ,-' ---4&nl~Jl_~ nAWUluJ_~_~ Il'~~ ,I!! 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Nevesidw OKEECHOBEE TRVIES 2003 ' 6:110 pin, City Hall, 55 SE 3rd Ave� RM 200, Okeechobee, Florida. 71" PAU 0 106 S.E. 5th St., Okeechobee, FL 34974 bMW ft-A ar4outegod. to &#m& For &_90pY of tim sgmda contact C* Adminis—ol� at (863) 763.3372 x 212. . PLEASEL TAKE NOTICE AND BE (863) 763-7283 ADVISED dutt if any Persm des"es to W by the City COW"' Published Weekly =any &CWW made respect to my Matter considered at dus will nwd a meatiM, such interested pawn pecord of* the proceedfivs. and for suclk P-- STATE OF FLORIDA pose may need to amwe a vabefirn record of ft pmocc&W is made, wbich recOld M'- COUNTY OF OKEECHOBEE: chxles the testimony wA eviderca upm shch rba,appal is to be based. Tspes — used for the sole purpose of back-up for the Clarks Before the undersigned authority personally appeared J.W. office. 1. .,dg. ith the Arnericus with Statute Owens who on oath says that he is publisher of the Okeechobee Times, Disabilities Act (ADA) and Florida. 2".26, pusm with disabilities ne" sPe- a newspaper published weekly at Okeechobee in Okeechobee, Florida: ccojnMod,fi= to puticipate in this p� cial ac ceding should contact tAne Ganiotft, w later tivul two (2) workirg days prior 103 the proceeding at 963-763-3372 x 214; if you are that the attached copy of advertisement, "call tl)191-800� beinga 1211RUCIS1011CL 1!Q#1?n91 hearin or voice unpircd, 222.3W (Voice) or 1408-W-5620 My� in the matter of CITY COi NCII MEETING NQjICF bjry LANE GAMIOTL44 CRY CkFkl� CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974-2932 941-763-3372 In the Court, was published in said newspaper in the issues of Affiant further says that the said Okeechobee Times is a newspaper RECEIVED published at Okeechobee, in said Okeechobee County, Florida, and CZ0 that said newspaper has heretofore been continuously published in NOV 1 8 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; (9 C1> and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund C3 for the purpose of securing this advertisement for publication in the said newspaper. �, - W - 0 1,� J. W. Owens, (Publisher) Sworn to and subscribed before me this I 31K day of A.D. 2003 NOTARY SEAL 'E A BRENNAN (SEAL) Notary Public COMMISSION NUMBER CC 940770 MY COMMISSION EXPIRES JUNE 25,2004 n CITY OF OKEECHOBEE NOVEMBER 18, 2003 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE I OF 4 CALL TO ORDER - Mayor: November 18, 2003 City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Eddie Lamb, Bethel Assembly of God. 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. Vi!ach City Clerk Lane Gamiotea , PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present Police Sgt. Jerome Smith with a Certificate of Retirement. B. Proclaim the week of November 21 - 27, 2003 as "Farm City Week." V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the November 4, 2003 Regular Meeting. NOVEMBER 18,2003 - Crry COUNCIL AGENDA -PAGE 2-OF 4 VI. WARRANT REGISTER - City Administrator. A. Motion to approve the October 2003 Warrant Register. General Fund $509,729.86 Industrial Development Fund 73,029.18 Capital Project Fund (Building) 40,681.94 Public Facility Improvement Fund 2,044.16 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.I.a) Motion to read by title only proposed Ordinance No. 842 closing the alleyways in Bloc� 109, Alley Closing Application No. 70submitted by Paul and Marilyn Buxton - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 842 by title only. ...;I 2.a) Motion to adopt proposed Ordinance No. 842- b) Public comments and discussion. c) Vote on motion. B.I.a) Motion to read by title only proposed Ordinance No. 845 pertaining to Rezoning Application No. 03-007-R submitted by Robert and Betty Braun - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 845 by title only. NovEMBER 18, 2003 - CrTy COUNCIL AGENDA - PAGE 3 OF 4 Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.2.a) Motion to adopt proposed Ordinance No. 845. b) Public comments and discussion. c) Vote on motion. C.I.a) Motion to read by title only proposed Ordinance No. 846 regarding restriction on placement of mobile homes within the City - City Attorney (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 846. 2.a) Motion to adopt proposed Ordinance No. 846. b) Discussion. c) Vote on motion. CLOSE PUBLIC HEARING. IX. NEW BUSINESS. 1.01 A.1.) Motion to read by title only and set December 2, 2003 as a public hearing date, proposed Ordinance No. 847 reassigning easements as adopted by Ordinance No. 832 - City Attorney (Exhibit 4). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 847. 2.a) Motion to approve the first reading of proposed Ordinance No. 847. b) Public comments and discussion, c) Vote on motion. NOVEMBER 18,2003 - CITY COUNCIL AGENDA - PAGE 4 OF 4 IX. NEW BUSINESS CONTINUED. B. Recess from the regular meeting to enter into an Executive Session for discussion of a pending litigation - Mayor, C. Mobon to close Executive Session and reconvene Open Session - Mayor. X. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such Interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal Is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. 117 6ffice of the Mayor M-agme%hnhagm Pnri our earliest days as a nation, farmers have tilled the soil of this great land� citizens, and people around the world. Over the years, our economy has changed, but ranch have remained a vital thread in the fabric of our lives; and AS, our nation was founded on values of hard work, faith, family and community. Those or farmers and rancher true f s; and AS, by providing an abundant supply of safe, high -quality food and fiber, our farmers and ranchers "to a'quality of life in our country that is unmatched around the world; and WP�MAS, farmers and ranchers do not work alone. Farm workers, researchers, educators, processors, shi hom truck drivers, inspectors, agribusinesses, wholesalers, marketers, retailers and consumers, many of.v -W ible productivity of in urban and suburban areas, all play important roles in the incredi our iystem; and NVMRF,4S, this week, as we gather with family and friends around the Thanksgiving table, it is fittmg thif Y" e, 66-6 6 -o amon our blessings the vital Farm -City partnerships that have done so much to improve d*441by 9 UrCOC- lives. Rural and urban communities working together have made the most of our rich agric MP and they continue to contribute to the health and well-being of our people and to the strength (if our NOW, THEREFORE, 1, James E. Kirk, Mayor of the City of Okeechobee, by virtue of the authority v�sted in me, do hereby proclaim the week of November 21, 2003 through November 27, 2002 as Fami-City Week;aigl,�N�-% do finther call upon citizens in rural and urban areas to acknowledge and celebrate the'achievem.ents of aff7k. those who, working together, produce an abundance of agricultural products that strengthen and enrich our community and our nation. In witness whereof I have hereunto set nryA and caused thkseal to, be, Attest. Lane nil- ExHIBIT 1 - NoVEMBER 18 AGENDA MEMORANDUM To: Mayor and Council From: Lane Gamiotea, City Clerk bw Subject: Ordinance No. 842/Alley Closing No. 70 Date: November 13, 2003 This is the final public hearing regarding Ordinance No. 842 closing the East to West and North to South Alley's in Block 109, OKEECHOBEE. The application was submitted by Vikki Aaron on behalf of the property owners, Paul and Marilyn Buxton. 0 All fee's have been paid. The ordinance was advertised in the Okeechobee News on November 7. 40 22 Letters were mailed to surrounding property owners. To date, no one has responded for comment or questions. The easement situation has been addressed by tying the effective date of the ordinance to recording all reassigned easements with each utility company. In response to Council Member Williams question at the first reading "What happens if the owners have already purchased the alley from the Hamrick Trust but do not purse the development and obtain their CO within the time frame?" Attorney Cook will be drafting an agreement for the owners to sign that would resolve this issue. Please do not hesitate to contact me should you require any additional information regarding this application. Thank you. I,_ ORDINANCE NO. 842 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 109, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RETAINING A RIGHT OF REVERSION; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application (No. 70) from Paul and Marilyn Buxton for the closing of certain alleys as described in this ordinance to utilize the entire property for future development; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 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 One. The alleys or alleyways described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: That 15 foot alleyway lying between Lots 3 and 10 and Lots 4 through 9, Block 109 City of Okeechobee and that 20 foot alley lying between Lots I through 3 and Lots 10 through 12, Block 109, City of Okeechobee. Section Two. In the event that the said property owner fails to obtain within twenty- four months hereof a certificate of occupancy for their future development, then said alley shall be declared open and the provisions of this ordinance declared null and void. Section Three. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Four. This ordinance shall be set for final public hearing the 18 1h day of November, 2003, and shall take effect upon the recording of all easements to Florida Power and Light Company, Sprint -Florida, Inc., Telesat Acquisition Limited Partnership commonly knows as "Adelphia Cable" and the Okeechobee Utility Authority, recorded in the public records of the Clerk of Circuit Court, Okeechobee County, Florida. Page 1 of 2 L 4- INTRODUCED for first reading and set for final public hearing this 21' day of October, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED and ADOPTED on second and final public hearing this I 81h 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 9 KOM mm: NUB mm Nun -7777-- mmmomm TRANSPORTATION INC. RAILROAD VZZZZIAT) NZWOZZ5.0 OR1111111 INIM11 IIEEM IIINX1 WIAW 111111UNIII IWIIIIII 111KIIIIIIII MWE � NINA 110EIIIIIII WIN INHIN Nun mum IMIIII� mm � 11111WIIIII am OWN 110EIIIIIII 111111101 IINKIIIIIII MIM11111 WEIIIIIII � � 1111111M sm 11=0 WIIIIII mm 111111011111 NMI NEW WN MIEW WE NEW 4m mw mwm mEr -vm Wr- mm Nor am WN � Kub am KM iff-M mm wx " sm ME Em 1111IM11111 i0ll EIIIIII 1111101 021m on 00 wu mitm mum WMI 04 Em IIIIIIIE101 MEN IIIIIII(EIIIIIII MIKIIIIII =30 mm mm IMEN IKEXI IMEIIIIIII MUS EM 90 MM NIMIIIII W1310 OEM 59A EM NKM INVU OFM 61M WmM MKM Em WON 311111510 MUM lam 0 EVEN F-- 6 Irldil 1 1-ft In! loll:: I III H 10,00 joirmii IN -�, I - I HCH gm mi i *i! 1 -00 I I gill, I HI 11-1111-21 911 W-UNIMM Not ass I wm CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION Please type or print: FAPPLICATION,NO.�",`� .......... . . . . . . . . . . . . . . . . . Paul M. and Marilyn A. Buxton 2517 SW 22nd Circle Okeechobee, FL 34974 Not applicable 0-01 3 . MR �1110407VVXW mona. N rel W 'Tile Mir Ine-8 m Ott, N "NO 0 LEGAL �.lhoi=lo'y,4i,#!#.CrilpF..oKEEckOmeorF'R�TAPMONOF�,c#TYQF 4", AjESCRiPT "A fee Simple 1"mt from it'artheft May bo d Hamd�h, Net Fomijin . WAII :OF*STREE That 15 foot alley lying between Lots 1 and 10 and LoLo 4 through 9, Block 109 City of Okeechobee and that 20 foot alley lying between Lots I through 3 and Lots 10 through 12, Block 109, City of Okeechobee. 2fURPOWQf,,,'. LOSING`.�` 'STREETIALLEY"'k ITo utilize the entire property for future development. Note: if property is in two names by the word "and" both signatures are required (for example: Jim and Jane Doe). SIGNATURE OF APPLICANT: Printname:Paul M. Buxton SIGNATURE OF CO -APPLICANT: Print Nami(: Marilyn A. Bux'ton The foregoing instrument was acknowledged before me this September 29, 2003 by (date) -Paul M. Buxton —and MARILYN A. Buxton who is personally known to me or (applicant) (co -applicant) who produced as identification and who did (did not) take oath. #t',N VIKKI LYNN ZMYCOMMISSI No hi EXPIRES: otary Public, Commission NO. DD-027331 I-WDSMTARY FLK'ot"Swvjm&aorW�Uk� (siffinature) Xlefnn ±AArntUnn! 'Name of Notary typed, printed or stamped) 1.00 Dee(I 2 3 7 PHFPARF1) fn: Rolli-mrj KI-I.A%,11, 1954 8 1 1-�" %, I P., �, I —. Vk—l. J4,5" 344909 fj- 1 1, r!! r 7 """'OrD MAIT, TO: PAIII. Ni. nil�,NTI`Nand 'H--4ROU POW RTSW MARILYNA. III fX'l (IN ERY, 0; CIRC11IT COD;: 2.517 SW 22nd Circle Okeechobee, Florida 34974 P11rccl I-D. �'3-15-37-35-0,)10-010()()-O()]() I NPACF. A11OVr. knit J(F(-ORnr.R-% VSr. Decd 111,1(lc 0:1 April 20, 20W. ror no colls'dcrtili0n. PAUL M. HUX"ON AND his vifc, do hereby Rcmisc, RcIciscand Quitclain, to ,,%Ul MA R rLYN A. BUXTON, Trustees, or (I M BUXION A14D MARMYN A. BUXTON lcir successors in tnist, under the BLiXTO-N I.IVjN- , G TRUST dated April 20, 2000, mi4 any amcridwints thereto, %vith rull Power and atithorily to protect, to cricumberand otherwise manage and (115POSC Of sniff real prop conscm-c and I<, scIl, or to lease or Section 689.071, Florida Statillos, civ descril)cd herein, Plirsuant to 34974 all their iritcl-cst in and 10 'he whOsc ridurf= is 2517 SW 22nd Circle, Okeechobee Flori& Stale of Florida: f0l]Olving described real propc"y in the C1n1nIv 0170k;�chohce, Lots 1, 2 and 3, Block 10(), Cl-FY OF OKEECHOBEE. according to the plat thercOf'rLcorded in P!at Book 5, Page 5 of the pliblic Records Orok-cec"Obec COI'nly, Florida. 'K. This deed was prepared withou(fhe bcrea, Ora title search and Ihe descriptinn or the r)mperty was J'Arties. The preparer or this deed assurries no liability whatsoever either ter th rumished hv the the statux or the title to fhr. property. c ace"racy or the legal description or Signed, scaled and delivered in Our Presence: Wiln— Signature Printed Name 4L�lSignatijrc Mine, qS=:14 Eea-bcc Printed Name STATE OF FLOP I DA COUNry OF ST, [,t)clp PAULM, uuxTON c MARILYN A. III IXTON Documentary SLamps rao in the am(xjnt & Class C Intangible T" ix. of $ ax j,j ,, thp. arry.vnt j a, , 4 SS D O-C 'The lbregoing instnimcni 4 — and ' Ivas ackno%%-jc(i,:c,l b,�krc nie tilis Al,,il 11Y PAUI MARILYN' A. IWXTO-N, Nvho are -personally k.no%vn ((1 20. "( '" Pt'X FON --- its idCnliCc. . . nic or 1"ll") jj;t%.e n:.O(ltj0Cd illion �111(i "'110 d;" ((1:1; r0l) t1kcan No��Piih ic Name orAcknowbircr 4 12 6 Signed, !Mled and delivered in out presence: �.CASS—ELS—JJ:R2-TR State of Florida Comtyof0keechobee The foregoing instrurment was ackno.ledged before me this 22nd day of Match, 2002 by JOHN r. CASSELS. JR., TRUSTEE, who IX) is personally known or Lj have produced as Identification. (Notary Seal) 0001 1 N a Public mycomkIssm 11001 3'�- mi Printed Nanne: My Conwrdssion Expires: "fmNf V'. If 367145 CLF,"K 01: Cir,6jl? C'O'U'R T I D-Wls Dmd - Page 2 DoubleTIm" kLtu'- �-b C+' Ric 10 - E0 OQ-- 3(,quoo :1!0412 P.-!;; 1585 Prepared hX_jadjCAtMIg: DocumentarY Stamps paid In the amont of JOHN D. CASSELS. J4. $ 00 Attorney at Law CJ"3 C Ifft1110 Tax Paid In the amount Cassels & McCall Of $ — .�* P.O. Box 968 400 NW Second Street ShaW—Rb.�. C5;Vf -arcuitc.,t Okeechobee, FL 34973 01-ftb- Cou*. FlorWa File Numb�,, 07 By: D.r— Will Call No,: Dat. 3 dez Off) ISP-- At—, Thi. Ume F. lt..,jj�g D.Ul Trustee's Deed This Trustee's Deed made this 22nd day of March, 2002 between JOHN D. CASSELS. JR., as Trustee whose post cMcc address is 400 N.W. 2nd Street, Okeechobee. FL 34972 . grantor, and PAUL M. BUXTON end MARJLYN A, BUXTON as Trustees OfTHE 13UXTON LIVING TP LIST DATED APR1L 20, 2000 whose post office address is 2517 S.W. 22nd Circle, Okeechobee, FL 34974, grantee: sraffl—d Int-fte kxkde all the Ps"Ift 10 this indrurnem and the heltat. laIll leme". tallvis. aw astilins orinsivweal,. Wit nCnCth, that said grantor, ror and inconsideration of the sum TEN AND NOII 00 DOLLARS($ 10.00) and other good and voluable considerations to said grantor in hand paid by said grantee, the receipt Whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantees heirs and assigns; rorever, the rallowing described land, situate. lying and being in Okeechobee County, Florida. to-wil: LOTS 4.5,6.7, 8.9, 10 AND THE WEsT 1/2 OF LOT 11. 13LOCX ID9, OKEECHOBEE. ACCORDING TO THE PLAT THEREOF REr.OPDED IN PLAT BOOK 5. PAGE 5, PUBLIC RECORDS OF OKEECHOBEE CoUNTy. FLORIDA. SUBJECTTO RESERVATIONS, RESTRICTIONSAND EASEMENTS OFRECOR6D', IF ANY. The Grantee$ trust provides the trualece with the rull Power and authority to protect, conserve. sell. convey, and to otherwise manage and dispose of said real property. lease. encumber Together with it the tenements, hereditaments and appurtenances thM10 belonging or in anywise appertaining. To Have and to Hord, the same In fee simple rotever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee sirnple: that the grantor has good right and lawrul authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims oran persons claiming by, through of under grantors. 113 Witness Whereof. grantor hp. hereunto set gnintor's hand and seal the day and Year first above written Doublatrint" '0K'0 4 7 7 PAGE 18 6 4 Pragairsel bXAnL0LbAn.W: Dociamit3ry Stamp% Lwnl in u- rT=nt of JOHN 0. CABSELS. JR. Attorney at Line A 2-0-ej C428912 S. MCC." C18%, C lotAntible IA; ,%,j z--. P,nount P-0- BOX 968 400 NW Second 3tr*el Of 1 —0— Okeechobee, Fl. 34973 --CZ7— File No.: 211 (A(V, 11" Grantee S.S. NO. ey: Date: -A- P810*1 I"I"11--tion No. 3-15-37-33-0010-01090-0120 Space Above This Line For Recording DataL Warranty Deed (STATUTORY FORM - SECTION 111.12, F.S.) This Indenture made this 3rd day of June. 2002 Between JANET SCHAFFER, a single women whose Post Office address is I s66 SW Balmoral Trace, Stuart, FIL 34997 of the County of Martin, State of Florida, grantor', and PAUL M. BUXTON and MARILYN A. BUXTON, Trustees, or their successors in trust, under th . a BUXTON LPANG TRUST DATED APRIL 20, 2000 and any amendments ther to whose Post Office address Is 2517 SW 22nd Circle, Okeechobee, FL 34974 of the County of Okeechobee, estate of Florida, grantew. Witnesseth that said grantor. for and In consideration of the sum of TEN AND N01100 DOLLARS ($10-00) and other good and valuable considerations to said grantor In hand paid by said grantee, the receipt whereof Is hereby acknowledged, has granted, bargained. and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being In Okeechobee County Florida. to -wit: recorded In Plat Book 5, Psge 5. Public Records Of Okeechobee County, Florida. as The East 112 of Lot ill and Oil of Lot 12. Block 109, Okeechobee, according to the map or plat ther of Subject to restrictions. reservations and easements of record, If any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all Persons whomsoew. . *GFInfOr and e0fardee"ere used for sinvubr or pk"t. as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and Year first ah� -riff.. Signed. 110810d and delivered In Our presence: �,W =Y&LL"au— St&tc Of Florida County OrOkecchbc, The foregoing instrument -as acknowledged before me this 3rd day or June, 2DO2 by Janet Schafrer. who"09 is personally known Or U has produced as identifice6o [Notary Scall No Public Name: MY Commission Exp—fr—es-- S..V Eq*" A091M 31,20M HLED Fol, PECopt OXFErH(�Iq-r,C;.,UNT-,,. " 371259 2002 iLitij - 3 P m 4: �3 SHAR08 ROBERTsotj CLERX OF CIRCUIT COURT 4�2- -77,21' Aukli-on-ized Signature Typed Name & Title Phone No. Date Authorized Sig (26ri WI-1%7.1-SI4f Typed Name & Title Phone No. OA) Q '06 /,.r :�A� . — �4—p-e-p 9-2,g-63 A6thonzed SligrLOdre Typed Name 8�Title Phone No. Date QU--Af "As 14 14" f-IJ- i— -r;.Irj f-, 2-Losr,15 ZZ77T ZZ7,11 neomrop 7;4- -w-;Ra Lt;jz ,9L'i-Cf-- W4;4�1� L;,JC I.j-, I G-r- C4�AO-C-V CA/ 1EA-C"- Q;, Authorized Signature Typed Name & Title Phone No. Date Required Only For City of Okeechobee & First Addition to City of Okeechobee Subdivisions: WA &7 tZC IC 7 Au 7 e- /�V7'�?,",r7— /^j Cu /9,1? erV, 0- - e- S% -3 70 31�-V Authorized Signature Typed Name & Title Phone No. Date Page 3 JAPPLICA11OM446. . �.�J I -I() I FNIIW66ffi'J�A' licant:Retiirn'entire'ap'pliciiti6h,'��l"..-. INSTR.UCTIONS".After.Pa66i��l,iiid',, _q!!�j,by..app, 0 t to ." th6tftidie'&s Off h ...... -6�66466'18'. the i 0aId.THttLERK?S OFF I WiLL'-'kAVE'�T'H�FOLL(j,Mt4G'btPAFtT,M ftIG". WOOF- BELOW: PUBLIC ORKS,:-�, DEPA "T See attached Mmu. Autli6rized gignature Date Domie Robertson, Public �brks Director Typed Name & Title Autliorized Signature Date Oscar Bernudez, City F%ineer Typed Name & Title Y-W-I-eZ5 rized Signature Date Demy Davis, Police Chief Typed Name & Title FIRE No objec ions ccrnmts DEPARTMENT: 9-29-03 Authorized Sig Date ,Rofu& Keith Tcrrey, Fire Chief Typed Name & Title Authorized Signature Rill Veach, City Ad4nistratw Typed Name & Title Date APPLICATION APPROVED BY: Ac,, �6Lh, I C, I I I n LANE GAMITOEA, CITY CLERK DAfE1 Revfted 413103-LG Memorandum To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer Date: September 30, 2003 Re: Alley - Closing application from Paul M. and Marilyn A. Buxton The Engineering Department has visited the site 6nd found that future drainage problems may be generated near the requested abandon subject City of Okeechobee Alley. We are aware of the critical drainage problems on City of Okeechobee especially on S.R. 441 and for that reason the Engineering Office will recommend not approving the request for the Alley Closing until future development of the area is presented. It is the Engineering Department's opinion that the City of Okeechobee shall be very cautious before abandoning any street right-of-ways or alleys. I The Okeechobee N P.O. Box 639, Okeechobee, (863)763-3 Published 10 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned a h Judy Kasten, who on oath says she is i News, a DAILY Newspaper puiNbli Okeechobee County, Florida; that the al ment, being a in the matter of ews 34 RECEIVED NOV 10 2003 Col personally appeared Vt f the Okeechobee Olkeechobee. in in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advert' ement for publication in the said newspaper. 4 7 Sworn to t"bscribed&fore me this I SE � fon CORDED IN PLAT BOUR 1.'FASIL ,RIGHT OF REVERSIONi ANIII,Dl- RE THE 1CITY CLERK'TO RE%CNWQT"'HE ORDINANCE M.THE PUBUC RECORDS OF THE CLERK� ,'OF THE CIRCUIT COURT IN AND .ft. n.r�unftee I ^ftllu� -EFFECTIVE DATIL This Ordinance Is In regards W,alley closing M Icadon No. 70 submit-;, led b� PaUVIM. and Marilyn X'Bux- ton. Me ueWs9t Is. to C1091 the Normth to so Akj behNeW Lots' ,,3andl0andl-obts thoughgjhe�: East to Wed AlleY n Wa I throu gh 4,and,.10 R of, I the INIMN Y�;WMA--- --W- day of A.D. 20 ( At", .4965MON llfl/03�', Notary Public, State of T�rnri\dda at Karmen R. F:�. Coniniisni�-)n 4 C111 -Pt Expires [,� n. 17, '1-!0( �n Bon(lod '11, �,11 AtIrintie —(�_ Tt!, EXHIBIT 2 — NOVEMBER 18 AGENDA MEMORANDUM To: Mayor and Council From: Lane Gamiotea, City Clerk Subject: Ordinance No. 845/Rezoning No. 03-007-R Date: November 13, 2003 This is the final public hearing regarding Ordinance No. 845 to consider approving Rezoning Application No. 03-007-R. The application was submitted by Vikki Aaron on behalf of the property owners, Robert and Betty Braun. The request is to change the zoning on Lots 7-12 of Block 142 OKEECHOBEE from Residential Multiple Family to Heavy Commercial. The is the current site of Bass Funeral Home. Please refer to Code Book Section 90-282 for a list of permitted uses within a CHV zoning district. 0 All fee's have been paid. 0 The ordinance was advertised in the Okeechobee News on November 7. 0 The Planning Board voted unanimously to recommend approval. 0 Planning Staff is recommending approval. 0 The General Services Department mailed thirty courtesy notices to the surrounding property owners. 0 There were several responses from property owners. Their concerns were addressed by Planning Consultant LaRue. 0 The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. Please do not hesitate to contact me should you require any additional information regarding this application. Thank you. 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) pursuantto 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. SECTION 4. SEVERABILITY If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE Page 1 of 2 L This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this W' of November, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this I eth 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 a 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: 9-'Po - 0,5 Petition No- 00-?- P, Fee Paid: 18-fs (!Icl Jurisdiction: A eel IstHearing: 2nd Hearing: Pub ication Dates: 2;. Hxru.ut.'C'es Mailed: F) -0-S Uniform Land Use Application Rezone - Special Exception - Variance V Name of property owner(s):Pcbert D. and Betty Suzanr�e Braun Declaration of Mazt: Dated 09/17/99 A Owner mailing address: 96 Charipions Blvd. Rogers, AR 72758 P P Name of applicant(s) if other than owner (state relationship): -cam as above L I Applicant mailing address: �bt applicable C A Name of contact person (state relationship): vikki Aaron - agent - N LLT ]I Contact person daytime phone(s): 863-467-4768 Fax: 863-467-4618 V Property address / directions to property: 205 Ncrtheast Secxd street Indicate current use of property: Ccmn=ial Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): Mxtuaxy - 5,915 sq-ft- Warehouse - 2000 --q. ft. Approximate number of acres: 1.03 acre Is property in a platted subdivision? Yes P R Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: �b 0 P Have there been any land use applications concerning all or part of this property in the last year? If so, indicatc date, nature and applicant's name: I\b E R Is a sale subject to this application being granted? yes T y Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Yes 0 Describe adjoining land uses / improvements to the North: Ctmercial Professiorial offices SouthPXITErcial - Residential East: Cbmercial West: Cam-e=ial Existing zoning: Fulti-Fami-ly Future Land Use classification: Camercial Actions Requested: (2QL) Rezone Special Exception Variance Parcel Identification Number: R3-15-37-35-W10-01420-0070 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 City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. Robert D. Braun SepteTber 22, 2003 Signature- Printed Name Date ' Zie p 91�ion �(rl 3) Page 1 of 2 zoning classification: nilti—Family Requested zoning classification :HE)avy CZgnprCjaj PCurrent R What is your desired permitted use under the proposed classification: use is interdEd to reTain tKe- Sam E Z Z N Ifgranted, will the new zone be contiguous with alike zone? Yes E N0 Is a Special Exception necessary for your intended use? NO Variance? Nb Describe the Special Exception sought: S P E C Provide specific LDR ordinance citation: I A 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 If business, briefly describe nature including number of employees, hours, noise generation and activities to be 0 N "I conducted outside of a building: — Describe Variance sought: V A R Describe physical characteristic of property that makes variance necessary: I A N C Did you cause or contribute to the characteristic? Is so, describe: E What is the minimum variance necessary? Uniform Land Use Application (rev. 1/03) Page 2 of 2 (W. M (*-- Fw— NV .1% A— M— . H. 11"2 P-"W "1"13 It 5 8 PAR 0 It 12 i,3 Docurnentirt StImos paid In the arraxIM of or S Wmn Robartsm, C —C.'t O� tXho"-re Counl�' ;""do (D.C. Date: TIIIS WARRANTY DEED. madcthc29thdaynOune.2001 by ROBERTO. BRAUN and SMANNE BRAUN. his wife. hereinallcr called the Grantors to an undivided one -hair interest To ROBERT D. BRAUN DECLARATION OF TRUST DATED SEPTEMBER 17,19" and an undivided one-ItAlfinlCM311 to BETTY SUZANNE BRAUN DEICLARATION OF TRUST DATED sEpnivInER 17. 19" and whose post office address is 96 Champion Boulcytird, Rogers. A R 72756 herein &net called the Granices. WITNE,SSETIL That the Gnuttors, for and in consideration of the sum of S 10.00 and other valuable considerations, Mccipt whercoris hereby acknowledged. hereby grants. hargains. sells. alien& rernises, MICSOCS, conveys and confirms unto the Grantees all that certain land. situate in Okeechobee founty. State ofFlarida. to. wit; Lots 7. 8.9. 10, 11 and 12 ofillock 142.OKEECHODFE. accordingtothe plot iltereof'recorded in Plat Book S. page 5, public records or Okeechobee County. Florida. SUBJECTTO restrictions. rTservationsand easements ofrecord. TOGETIIER, with all the tenements, hercclilamms and ippyrrenariccs thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD. the utme in ree simple forever, AND the grantors hereby covenant withsaid grantee that the grantor% am lawfully seized orsaid land in feesimple, that the grantors have SOW right and lawful outhoritylosell and convey said land. and hereby warrant thelitle 10 said landraIJ-46n defend the same against the lHwrul claimsofall persons whomsoever, and that said land is free ofall encumbrances. except taxes accruing subsequent to December 31, 2000. IN WITNESS WIIEREOF. the said Grantors have signed and scaled these presents the day and year firg above written. Signed d in the presence or WITNESS (!?04 e"J"rl"Al I W, Name WITNINNS Print Witness Name ROBERT 0. BRAUN % Champion Boulevard Rogers. A 12756 oger SUZAN AUN Robert D. Braun and Betty Suzanne Braun Declaration of Trust Dated September 17, 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 improvernents 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. Bass Okeec oboe Funeral Home and Cremation Services 205 N.E. 2nd Street Okeechobee, Florida 34972 Phone (863) 763-2111 Fax (863) 467-6671 To: City of Okeechobee Re: Rezoning 1, Robert D. Braun, am the record title owner of the property located at 205 NIE 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 ��;Cne Braun Sworn and subscribed this 10th day --of September 2003. Notary Public (Susan D. Rucks) J,-- MY COMMISSION # DD 197939 My commission expires: July 28, 2007 F.- EXPIRES: JtAy 28:,200J7 Swodsd 7W Notuy PU* UWwmftrs 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 Page I of 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 The property is currently zoned Residential Multiple Family (RAE) 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 propeqy and has for many years. When the property was 'ori&ally 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). Robert D. Braun and Betty Suzanne Braun Declaration of Trust Dated September 17, 1999 Statement of Intended Use The applicants do not intend to change the existing use of the property. The sole purpose of the requested change in zoning is to secure a zomng 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 propel is also bounded by N.E. 3rd Avenue to the east, N.E. 2' Avenue to the west. The property is rectangular in configuration and is currently zoned Residential Multiple Farnify (RW). The property's north boundary line abuts a 15' alley. Just beyond the alley are the dental offices, of Drs. Termiswood and Dr. Davis. To the cast 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 56 S.E. Third Avenue Okeechobee, FL 34974 Phone: (941) 763-3372 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 Name of 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 full right and power of attorney to make application to the City-., of Okeechobee to change the land use of said property. This land use change may include rezoning of the 1)roperty, the granting of special exceptions or variances, and appeals of decisions of the '49eneral .Services Department. It is understood that conditions, limitations and restrictions may be placed upon the 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 nntnri7.ed statement of such termination effective upon receipt by th( IN WITI�ESS WHEREOF THE UNDERSIGNED HAVE SET THEIR HANDS AND SEALS THIS 10th DAY OF September 19 2003 . 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 execated the power of attorney for the purposes stated therein. Sworn and subscribed this lot of September 19 2003. SUSM D. RUCKS 1EAL My COMMISSION # DO 197939 EXPIRES: July 28,2007 BmW Thru Notaq PW* Lk Notary Public 111 -- — Commission Expires: July 28, 2007 > -u 00 1> mc a rn,;o 0 zv_ -iq—m O'k gad-< k2 M 'iA v rz, C3 c w 029 u co =1 122 9i 0 > oem 0 q—zz c MOD ;a 8 c mfl co I n i I o " OD . C -92 M a r M Fh (A ?6 cn ('00 m 0 ID En (A -u Ln A va to M w 0 Z > M W. R m z P M IV j >--AK I r— �4 Fn IA I- RHA �j r aMip !-*=I INV c PM a A 119 el ru 2 2(A r 2 A --, OD V% I—P -S) I r4 1375 Jack, , Street, Suite 206 Fort Myer§,--f lorida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(&,att.net Prepatudfor.- 7he City of Okeechobee Applicant: VAWAaron Owner: Robert & Betty Braun From: Residential Mulfi-Family (RW)to Heavy Commercial (CHT) Petifion No. 03-007-R Staff Report Rezoning Request Applicant: Vikki Aaron Petition No. 03-007-R General Information I Owner: Robert D. & Betty Suzanne Braun Owner Address: 96 Champions Boulevard Rogers, AR 72758 Applicant: Vikki Aaron Applicant 2581 NW 63d Ter. Address: Okeechobee, FL 34972 Applicant Phone 863-4674768 Number: Location: Property �Mlvmlll 1111WYM R-15-37-35-0010-01420-0070 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. I 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. I Adjacent Future Land LJse Map classifications and Zoning Districts. I North: Future Land Use Map Classification: Commercial & Multi -Family Residential Staff Report Rezoning Request Zoning District: Existing Land Use: East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: Applicant: Vikki Aaron Petition No. 03-007-R Residential Multi -Family Dental Offices Commercial Heavy Commercial Insurance Office Commercial Heavy Commercial Commercial / Residential N 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 contrwy 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. 3. 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. 4. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development ofadjacent property. Uses under this zoning will not adversely affect property values of adjacent property. 5. The proposed use can be suitably bufferedftom 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. 3 Staff Report Rezoning Request Applicant: Vikki Aaron Petition No. 03-007-R 6. The proposed zoning will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. N/A 7. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affectpublic safety. The current use has not created detrimental traffic conditions and it is not believed that other commercial uses would create detrimental traffic conditions. 8. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 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 4 I jj. 7 The Okeechobee Ne P.O. Box 639, Okeechobee, F1 973 LIC REARI (863) 763-31 RUE71 ERAIM VED MARI Published Da Nov 0 unc ftwplt 1603 1 Tu STATE OF FLORIDA :a CP r issibi COUNTY OF OKEECHOBEE nue, a PtJBI Before the undersigned authority I appeared Judy Kasten, who on oath says she is Publisher be THE 41C OF News, a DAILY Newspaper published at c n FLo A I Okeechobee County, Florida; that the attached copy of a BEE BY REZON TRACT OF LAND ment, being a LARLY ' DESCI FROM RESIDE ILY rM! j ZONI HEA Y C MMEF INW DISTRA; C e ZONING in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertis ent for publication in the said newspaper. 6�re me this Swor� t�osu scribed day of / A.D. 20 Q27-N TIVEDATE., The petition is requesting the e)dstng zoning clas Mulfi-Family to Heavy C The sublect property mately 1.03 acres, loci Northeast 2nd Street qticulady described a 2, Block 142, City of 0 according to the plat corded. in Plat Book 1, F Plat Book 5, Page 5, of Okeechobee Cou Ali members of the public Zd to 'attend and p headn% The prol nance mav a lnsDecb regular business hours Friday, 8:00 a.m. - 4:3 cept Tor holidays. ,PLEASE TAKE NOTICE A VISED that. R POO lec I appeal arry tVc slon rr _Cfty,Council wWraN nNe .4 le'Cillyll, h6bei. id, 55 NG -,on ice kO ICE OF .ECNO- WAIN Frmu- IEREIN, -FAM- IICT TO A ZTN1j IINGLY, FUM EFFEIF chan :a1:103 mercial. r�ro;d- 205 id mort ots 7,to 2obee, reof ro- e 10 and i encour- cipate in *d Ordi- in Its on - public in. rk during Aonday - P.M., 6- BEV- lesires to !7- record of the Orticeedifillis; aN .t such purpose to M a '"afli , h' of the prm In a is -made whIeW record rjg udes the Gilmiony and U on which the, appdW Is to I city based.. Cilk 11111811' am I& I I .. sole pu o a bac�- srpo'f Ith ek rmecord a Cl rk N Nota Public, State of Florida at ry Karmen It. collinlission 4 CC Expires Jan. 17, 2004 "t, 0"- lr� Lan Gamk4a, Vaf 426487-ON 11 3 EXHIBIT 3 November 18, 2003 Agenda ORDINANCE NO. 846 AN ORDINANCE OFTHE CITYOF OKEECHOBEE, FLORIDAAMENDING CHAPTER 90, ARTICLE III, 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 FORA PROCESS OF APPLICATION, REVIEWANDAPPEAL THEREOF; ADOPTING STANDARDS FROM THE U.S. 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. 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 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 vote of the City Council; and properly executed by the Mayor or designee, as Page 1 of 2 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. 11. 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 7.08.02 is renumbered to be Sec. 90-169 Section 7.08.03 is renumbered to be Sec. 90-170 Section 7.08.04 is renumbered to be Sec. 90-171 Section 7.08.05 is renumbered to be Sec. 90-172 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 I 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 ORDINANCE NO. 846 EXHIBIT AIAII 90-167 STANDARDS FOR SINGLE FAMILY DWELLING UNITS This Part sets forth the minimum standards for residential single family dwellings. Townhouses, trailers, mobile homes, and manufactured housing as defined in Section 66-1 Land Development Regulations 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 City. 90-168 Dwelling 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 following 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 (RMH) Foundation and Elevation Requirement. All dwelling units shall be placed on a foundation in accordance with the Standard Building Code; or the codes adopted by Section 66-10 Land Development Regulations; or for manufactured homes shall be set up in accordance with the Permanent Foundations Guide for Manufactured Housing issued bytheU.S. Department of Housing and Urban Development (Handbook 4930.3 1989), the provisions of Chapter15C-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 and shall be prepared to ensure drainage as required by applicable codes and approval of the city building official and the technical review committee. Further, any lot or area where such dwelling unit is intended to be placed and as permitted by the city, must be filled and/or graded to ensure that the ground upon which such foundation is to be placed is of an elevation no less than 18-inches above the crown of the roadways immediately adjacent to such lot or area. 2. Compaction under concrete slab. Where a concrete slab is utilized, the entire area under the concrete slab shall be compacted as follows: Remove any organic topsoil and other deleterious materials to their horizontal and vertical extremities to 3-feet beyond concrete slab lines. 2. 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 12-inches compacted thickness layers. Minimum compaction density shall be 2,000 psf. 3. Perimeter footer. A perimeter footer, where required by the Standard Building Code, shall be in accordance with the Standard Building Code. 4. Piers and Blocking. Where piers or blocking are utilized to elevate structure from the slab, poured concrete runners or finished grade, support and anchoring/tie-down of the structure shall be in accordance with the standard building code requirements incorporated by Section 66-10, Land Development Regulations; or the Permanent Foundations Guide for Manufactured Housing issued by the U.S. Department of Housing and Urban Development (Handbook 4930.3 1989); 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 Ordinance No. 846 Exhibit A Page 1 of 12 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 the 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; 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, the methodology used to determine the soil type; and 9- 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 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 structurally attached between the floor or bottom of the structure and the required perimeter footer, perimeter runner or the ground. Where a slab is used, and where load bearing points are interior to the perimeter 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 crawl space of less than 7-feet in height shall have a closure wall constructed of one of the following: 7�.Illll -MR5 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 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 Section 66-10, Land Development Regulations. e. Continuous interlocking vinyl skirting provided that the skirting is architecturally compatible with the residential dwelling, and provided that the following minimum specifications are met: panel thickness shall be at least.035 inches; top front and top back rail thickness shall Ordinance No. 846 Exhibit A Page 2 of 12 be at least.050 inches; and bottom rairffiickness 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 30% of the total number of panels per side of the dwelling. Vinyl skirting shall be attached to the perimeter concrete footer or runner where a footer or runner exists or is required to exist. The skirting shall be fastened using rust resistant concrete screws no less than 1/4-inch in diameter or by rust expansion anchors no less than 5/16-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. 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 3-foot access point per side shall be permitted. Dwelling units to be installed or constructed with a crawl space of 7-feet or greater in height shall be submitted to the City Building Official engineering plans demonstrating compensating design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity. The determination of the Building Official may be appealed to the Board of Adjustments and Appeals as provided in Section 70-371, Land Development Regulations. 6. Standard codes. All foundation types shall meet the standard building code requirements incorporated by Section 66-10 Land Development Regulation. B. Foundation and Elevation Requirements for Residential Mobile Home (RMH) Zones 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, 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. Further, any lot or area where such dwelling unit is intended to be placed and as permitted by the city, must be filled and/or graded to ensure that the ground upon which such foundation is to be placed is of an elevation no less than 18-inches above the crown of the roadways immediately adjacent to such lot or area. 2. Either foundation type shall meet the standard building code requirements incorporated by Ssection 66-10 Land Development Regulations. 3. Blocking and tie -down shall be in accordance with provisions of the standard building code requirements incorporated by Section 66-10 Land Development Regulations for conventional construction; chapter 15C-1.01 0, 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 90-168 (A) (4) (a-g) above must also be met. 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 skirting/enclosure. Extending the unit siding to the ground as described in Section 90-169 D shall be permitted skirting/enclosure provided it is securely fastened to the ground. C. Foundation Requirements for Mobile Home and Manufactured Home Parks Ordinance No. 846 Exhibit A Page 3 of 12 Regardless of zone, mobile home parks are designed for transitory use by mobile and manufactured homes. Accordingly, the requirements of subsections A and B above 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 Section 66-1 Land Development Regulations, mobile home or manufactured home blocking and tie -down shall be in accordance with the provisions of chapter 15C- 1.0 10, 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 poring of any concrete or the placement of concrete blocks or footings, the area under which concrete will be placed shall be clear of all organic material. In, addition the requirements of 90- 168 (A) (4) (a-g) above must also be met. D. Foundation Requirements for Miscellaneous Dwellings Foundation requirements for dwelling units not classified by subparagraphs A through C above shall be as described in subparagraph A above regardless of zone. 90-169 Appearance and Design Standards Any single family dwelling located in a RSF-1; RSF-2; RIVIF; or RIVIH, zoning district shall comply with the following Appearance and Design Standards. A. Minimum Floor Area The minimum floorarea shall be 1 000-square feet, including the area of an attached garage (but excluding carport, screened porch or Florida room) except as provided in Subsection J herein. To be eligible for calculation as minimum floor area, such square footage shall be contained under a single integrated roof system. A roof system designed by the manufacturer to be a single structure shall be considered an integrated roof system under this subsection 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 12-inch roof overhang on two sides of the dwelling's perimeter walls and a minimum of a 6-inch roof overhang on the remaining two sides such that the overhang is architecturally integrated into the design of the dwelling. Where the design of the dwelling is such that there are more or less than the four sides, the City Building Official shall determine the overhang necessary for each side pursuant to Subsection 90-169 1. C. Roofing Material All main buildings and all garages or Carports shall have a roof surface of wood shakes, asphalt, composition orwood shingles, clay, concretetiles, slate, orbuilt-up gravel materials. D. Siding Materials All main buildings and all garages shall have exterior siding material consisting of either wood, masonry, concrete, stucco, masonite, fiberglass, vinyl, or metal lap shall excludesmooth, ribbed orcorrugated metal orplasticparts. The exterior siding cannot have a high -gloss finish and must be residential in appearance. The exterior siding material shall be extended to ground level, except 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 90-168) Ordinance No. 846 Exhibit A Page 4 of 12 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. G. Wheels and Axles All mobile home, manufactured home, or trailer tow bars, wheels and axles shall be removed when the dwelling is installed outside a mobile home park or subdivision. Trailer tow bars and wheels shall be removed when the dwelling is installed within a mobile home subdivision. H. Relocation and Installation of Used Dwelling Units Any used dwelling unit built and remaining in compliance with the Standard Building Codes incorporated by Section 66-10 Land Development Regulations, 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 90-170 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 of District 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 90-169 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 city 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. 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 the property in square feet and acres. d. Statement describing the type and dimensions of the dwelling proposed to be relocated on the property. e. Elevations and photographs of all sides of the dwelling proposed to be relocated on the property. f. A statement describing the exterior dimensions ans roof sloop of the dwelling proposed to be relocated on the property. 9. A description of the exterior finish of the dwelling, including exterior walls and roof. h. A description of the dimensions of the dwelling. Proof that the dwelling continues to meet either the Standard Building Codes incorporated by Section 66-10 Land Development Regulations or the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development. A site plan drawn to scale illustrating the proposed use and including the following: Location of the property by lot number, block number and street address, if any. The dimensions of the lot or parcel of land on which the Ordinance No. 846 Exhibit A Page 5 of 12 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 Section 66-10 Land Development Regulations. 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. 2. Procedure For Review of Application for used units that were constructed or manufactured more than 5-years from the date that a complete permit application is submitted. a. Within 10-days after an application has been submitted, the City Building Official shall determine whether the application is complete. If the Building Official determines the application is not complete, he shall send a written statement specifying the applicant's deficiencies to the applicant -by mail. The Building Official shall take no further action on the application unless the deficiencies are remedied. b. Within thirty 30-days after the City Building Official 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. C. Following the determination of compliance, The City Building Official 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 public hearing shall be given as provided in Section 70-371 Land Development Regulations. d. The Board of Adjustments and Appeals shall determine whether the dwelling unit continues to meet the Standard Building Codes incorporated by Section 66-10 Land Development Regulations, or Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development, as well as the requirements of Section 90-170 of this Code and the Appearance and Design Standards of this section, 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 a 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 Section 70-371 Land Development Regulations. e. Notification of the Board's decision shall be mailed to the petitioner and filed with the City Building Official. f. A final determination in favor of compliance shall permit the relocation and replacement/reinstallation of the dwelling unit on the requested Ordinance No. 846 Exhibit A Page 6 of 12 site provided all other provisions 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 otherlike activity in orderto meetAppearance and Designs 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 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 conforming condition. If the building, construction or development activity is not completed pursuant to conditions placed by the Board, including any established time frame for their completion, the applicant shall forfeit the security and the City 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 Section 66-10 Land Development Regulations 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 failure to meet the Appearance and Design Standards of this section or the failure to determine 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 o r 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 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 (RMH) district. 3. Procedure For Review of Application for used units that were constructed or manufactured 5-years or less from the date that a complete permit application is submitted. a. Within 10-days after an application has been submitted, the City Building Official shall determine whether the application is complete, he shall send a written statement specifying the application's deficiencies to the applicant by mail. The Building Official shall take no further action on the application unless the deficiencies are remedied. b. Within 30-days after the City Building Official 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 Section 66-10 Land Development Regulations 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 90-169 of this Code and the Appearance and Design Standards of this section, 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 that may be imposed to ensure compliance with applicable Ordinance No. 846 Exhibit A Page 7 of 12 city regulations. Where such conditions require repairs, renovations, construction or 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 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 conforming condition. If the building, construction or development activity is not completed pursuant to conditions placed, including any established time frame for their completion, the applicant shall forfeit the security and the City 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 no compliance was the failure to meet the Standard Building Codes incorporated by Section 66-10 Land Development Regulations 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 failure to meet the Appearance and Design Standards of this section or the failure to be consistent with and compatible with surrounding units or the failure 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 community, the relocation and replace ment/re installation 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 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 (RMH) district. e. An affected party may file an appeal of a final determination to the Board of Adjustments and Appeals as established by Section 70-375 and 70-376 Land Development Regulations. 1. Deviations The City Building Official 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 Building Official may be appealed to the Board of Adjustments and Appeals as provided in Section 70-371 Land Development Regulations. Minimum Floor Area E"mptions The city is periodically the recipient of Federal and State Community Development Block Grants that are a great benefit to the City and its citizens. The maximization of the impact of these, and other similar funds is in the best interest of the citizens of the City. As such, the Minimum Floor area of a dwelling units described in Subsection 90-169 A of this Article shall be reduced from 1 000-square feet to 800-square feet in the case of construction funded or assisted by a Community Development Block Grant or similar Federal or State grant. 2. As a transitional measure to lessen the immediate cost and disruption to conforming sites, any existing single family dwelling, mobile home, manufactured home, or trailer having less than 1000-square feet that was lawfully placed upon a conforming lot or parcel in accordance with applicable codes prior to adoption of the city Land Development Regulations may be replaced with an otherwise conforming dwelling unit of not less than 800- square feet. For the purpose of this section only, the roof overhang Ordinance No. 846 Exhibit A Page 8 of 12 requirements herein shall be reduced to a minimum of 12-inches on 2-sides and 0-inches on the remaining 2-sides and the minimum width requirement herein shall be reduced to 12-feet. 90-170 Minimum Code Compliance Review A. Generally 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 City should be reviewed to ensure that they provide the basic minimum housing and building construction standards essential for safe and healthful 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 City unless and until said mobile 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 and/or imprisonment in accordance with sections 66-10; and 18-31 through 18-75, Land Development Regulations. B. Now Dwelling Units All new Manufactured Homes built in compliance with the Manufactured Home Construction and Safety Standards (HUD Code), Chapter 320, Florida Statutes and provisions of the Florida Administrative 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 the City of Okeechobee 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 a particular building or structure is subject. C. Used Dwelling Units This section applies to trailers, mobile homes, and used manufactured homes ad 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. All trailers, mobile homes, and used manufactured homes and buildings located within the City of Okeechobee on the effective date of this code shall be inspected by the City Department of Planning and Development prior to being transported, reinstalled or relocated in the City. The person transporting or relocating the structure shall make application with the building department and pay the applicable fees including mileage, in full, for the off -site inspection. The off -site inspection shall ensure that trailers, mobile homes, or used manufactured homes and buildings will meet the requirements of this Code or any code incorporated by reference into this Code but said requirements shall not by construed to be more stringent than the code to which the unit was originally constructed. 2. All used trailers, mobile homes and used manufactured homes and buildings prior to being transported into the City for the purpose of installation, use as a dwelling or resale within the City 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 affix his impression -type seal and registration number, telephone number and address. Any permit application intending or proposing to import into the City from outside of the City a trailer, mobile home, or used manufactured home or building must Ordinance No. 846 Exhibit A Page 9 of 12 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 CIFIR Part 3280, Sections 3280.3005 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 City, the provisions in paragraph (1) above shall apply. Upon City inspection, failure to meet the requirements of this Code shall require the immediate disposal of the unit or removal of the unit from the City of Okeechobee. 3. The City Building Official may establish agreements of reciprocity with other cities and municipalities within this state to conduct 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 building codes (see Section 66-10 Land Development Regulations) that for the most part would prohibit such structures, any mobile home manufactured priorto June 15, 1976 shall be imported into the City of Okeechobee for use or resale as a dwelling either temporarily or permanently, nor shall any mobile home manufactured prior to June 15, 1976 be installed, reinstalled, located, relocated, placed or replaced within the City of Okeechobee, or moved from one location in the city to another location in the city. The sale, resale, installation or transportation of a mobile home in violation of this subsection is strictly prohibited. The City Building Official may grant limited waivers for the sole purpose of transporting a substandard mobile home out of the City of Okeechobee or to a permitted site for demolition and disposal. D. Standards for Review Trailers, mobile homes and used manufactured homes and buildings shall meet the following standards for safety 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 damages 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 floor joist shall be insect proof and rodent proof throughout, and securely sealed. The roof shall be in good condition with no apparent leaks. There shall be at least three (3) over -the -roof tie down straps, properly spaced and in good condition, on every single -wide mobile home. All double -wide mobile homes that were factory equipped with over -the - roof tie down straps must meet manufacturer's specifications. k. All running gear such as axles, wheels and springs shall be in good and safe working order. Ordinance No. 846 Exhibit A Page 10 of 12 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. 1 Trailers, mobile homes or use manufactured homes and buildings 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. b. Distribution panel boards shall be properly installed, complete with required breakers or fuses, with a 11 unused openings properly covered. C. All electrical fixtures shall be safe and properly installed. 5. All 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 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 City Building Official 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 place is determined by the Building Official to be in compliance with all provisions of this Code. All permits shall be issued until the site on which the unit is to be placed is determined by the Building Official 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 Any building or structure used or intended to be used for human habitation or the storage 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 tot he installation, connecting or provision of utilities in accordance with the provisions of the Standard Housing Code. See Section 66-10 Land Development Regulations. A Certificate of Inspection shall be issued by the building official, or as other applicable provisions of this Code shall apply. Ordinance No. 846 Exhibit A Page 11 of 12 90-171 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 eh unincorporated area of the City, municipal, county, state, or federal government 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. 90-172 Recreational Vehicles A. Use of a Dwelling No recreational vehicle as defined in Section 66-1 Land Development Regulations shall be used for dwelling purpose within the City of Okeechobee unless locate within a licensed recreational vehicle park, subdivision, or campground. B. Appurtenances to Recreation Vehicles Upon application and receipt of a permit from the Building Department appurtenances such as garages, carports, Florida rooms, screened rooms, sun rooms, greenhouses, cabanas, or patios (excluding kitchen and cooking facilities) may be place 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 2,1 00-square feet or a 60% lot coverage whichever is less, nor shall the total of all impervious surfaces exceed 70% lot coverage. Unless prohibited b7 subsection C below, recreational vehicles may be placed on a foundation and tied -down as provided in the Florida Administrative Code provided they are fully 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 conversion as defined in Section 66-1 Land Development Regulations. D. Tie Down of Recreational Vehicles Any recreational vehicle stored or remaining on a site for longer than 6-months shall obtain a permit and be tied down utilizing approved straps and anchors. This subparagraph shall not be deemed to authorize the use of such vehicle for year round occupancy in violation of this Code. The City building official may require tie down of recreational vehicles that have not yet been located on a site for 6-months where: The nature of extent of appurtenances would indicate a likelihood that the recreational vehicle will remain for greater than 6-months, or 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 the City of Okeechobee as a Permanent Residence as defined by Section 196.012, Florida Statutes. Ordinance No. 846 Exhibit A Page 12 of 12 in the matter of Ilk, in the 19th Judicial District of the Citc County, Florida, was published in sai of The Okeechobee N P.O. Box 639, Okeechobee, (863) 763-31 Published W STATE OF FLORIDA COUNTY OF OKEECHOBEE P1 CONSIDEI RE C1 I SE TAI 1: E71 VE0 'V uncil of I dda Wil Nov 10 2003 '2003 re r 3rd �"A dqct'i #k IC NOTICE ON OF AW , nNG DRDINANCI- , I. �; Pli I 10TIdt ilat,the CRY City of 0 hobee;' Tue., ember 7 soon Hall, 55 is 0, FL 181 G on c r 1 read- 01 we jonowinwinance into 1 w: NO. 846: AN INAINCE OF Before the undersigned autho onally appeared CITY OF OKMONEE, 0 711E -FLORIDA. AMENDING CHAPTER 7b '90, Judy Kasten, who on oath says she is Publ e keechobee \'-1> 11 Vic, CLE III, DISTRICTS AND . 4�_ 01, CT REGULATION News, a DAILY Newspaper published M On, Vol: SION FOUR,PERTAINI Okeechobee County, Florida; that the attached 41 e is LEHOWDISTIB& NIING REGULATIONS'(RM"IiWITING ment, being a SECTION 90-107 01, a 90- 171'THEREOF-,PROVID FOR STANDARDS 06R SINGLE FAMI. LY MOBILE HOME UNITS IN. CLUDING DESIGN PLACEMENT APPURANC9 STANDARDS; PROVID114 UMI. TATIONS ON AGE OF UNffS FOR PLACEMENT WITHIN THE CITY - PROVIDING FOR A P"T S 01! APPLICATION REVIEW� 0 AP., PEAL THWOF PTING STANDARDS'RM S. DE - I Im PARTMENT OF HOU URBAN ' DEVELOPM AND CHAPTER 15 OF FLORMA AD-, MINISTRATIVE1 CODES-,, OVW, ING* FOR! PLACEMENT AND - 3 OCCUPMCY.OF C ONAL, VEHICLES WITHII E OF OKEECHOBEE; P -FOR EXEMPTHIINS- �, P FOR uft Court of Okeechobee SwRifflia, FOR �,,AN EFFECTIVE DATE.-�,,-, 1 newspaper in the issues ,:'A bho am cour- jl�membersiof the pub�q ag0d to attend and I) In'i The, ord_,r said t*adng.;' Iance may��be in Its ori�,�.' rety by membe - to blic, In urin ,-the Offlce'of the City C pu,lar, busIndbs,,hou day? J c day, 8:00 aLm. -,.4: ex- "'cept for 7 ". �, T �v,�ij 4 PAWt TAKE NdhCE11' Al� res to aid Okeechobee News is Wzanylft -by the, 'CrOU401111"Witfil to )ee, in said Okeechobee 'matter considered at n aper has heretofore been ,.',such interested person w, 'A . 4664of the'oroce.edlngps' echobee County, Florida Such Purpose � . rod _ ensure'.1 d0nee i WAhe:: 417 a cond class mail matter at Inge - , Is Made ',W*h' In- 4,,,�.cludea.tho ;Rmony q a nce aid Okeechobee County, upon 4*h'�. A to be. for the next preceding the first S618 �;uroose of be 0, 6111clail dvertisement; and affiant icords of PiCle nor promised any person, it "ic: n cordance'W th cam ite, commission or refund 04 OWN Horl- da S S wkh isement for publication in disabilities Special com- c�k moddon to In ch ceneding sh Id 0 G= otes.no lat%pan two (2) *orld r '111181V .. �n 741 1211, 1 i ca fbo- this y 1888- A.D. 20 Una GarnloteaWITY CLERK' 426593-ON11 103 Afflant further says that the s a newspaper published at Okcecho County, Florida, and that said newsp published continuously in said Oke each week and has been entered as se the post office in Okeechobee, in s Florida, for a period of one year publication of the attached copy of a further says that she has neither paid firm or corporation any discount, reb for the purpose of securing this advert the said newspaper. S worn to �(hd s#ctibc&fote me day of 1 . "?__ , . .- - 1, '1 .. -1 ___ -_ - I - "_ -_ KarmeT) Notary Public, State of Florida at Larg� coninlisl-l'on an. 17, 261,`_1 Fxpiren J� EXHIBIT 4 November 18, 2003 Agenda ORDINANCE NO. 847 AN ORDINANCE AMENDING ADOPTED ORDINANCE NO. 832 CLOSING, VACATING AND ABANDONING THE ALLEYS, ALLEYWAYS OR STREETS LOCATED IN BLOCKS 128,135 AND A PORTION OF NORTHWEST 3 RD STREET, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; REASSIGNING EASEMENTS FOR PUBLIC UTILITIES PURPOSES; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLICRECORDS, OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City received an application (No. 69) from the Board of County Commissioners, Okeechobee, Florida for the closing of a certain street and alleys as described in Ordinance No. 832 and adopted August 19, 2003; and WHEREAS, Ordinance No. 832 as adopted incorrectly defines the reservation of utility easement required by the City of Okeechobee; and WHEREAS, the City of Okeechobee and Okeechobee County have reviewed the affected Blocks and Lots and have mutually determined the description of easement necessary for utility purposes. NOW, THEREFORE, be it ordained by the City Council of 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 his designee, as Chief Presiding Officer for the City: Section 1: The City of Okeechobee, Florida hereby reserves unto itself, its successors and assigns, a perpetual, non-exclusive easement for public utility purposes in, over and under the following described portion: That portion of the 15-foot wide alley right-o- way adjoining the Easterly boundary of Lots 4 through 9 of Block 128 and that portion of the 15-foot wide alley right-of-way adjoining the Easterly boundary of Lots 4 through 9 of Block 135 and that portion of Northwest 3rdStreet lying between the 15-foot wide alley rights -of -way described above, all in the CITY OF OKEECHOBEE according to the plat thereof recorded in Plat Book 1, Page 10 and Plat Book 5, Page 5 Public Records of Okeechobee County, Florida. It is the intent of this reservation to create an uninterrupted 15-foot wide easement from the North boundary of Block 128 to the South boundary of Block 135. Section 2: That the portion of Ordinance No. 832 which describes the easement retained by the City set out in Section 2 thereof is hereby rescinded to the extent such description conflicts with the revised description set forth herein. Section 3: The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section 4: This ordinance shall be set for final public hearing the 2 nd day of December, 2003, and shall become effective immediately upon its adoption. Page 1 of 2 INTRODUCED for first reading and set for final public hearing this 18t' day of November, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED and ADOPTED on second and final public hearing this 2"' of December, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 The Okeecliobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a & _1k � - - _C"� t*1 \ - . ^ �\ V_ . - in the matter of cs�, uwc\r" \P9 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afflant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Swom d subscfQed�before me this k day 9f -4 % X:S) A.D. 20 0 Notary Public, State of Florida Af , lArki-, FxT)ires Jliw. I NOTICE OF CLOSED - EXECUTIVE SESSION BY THE CITY COUNCIL CITY OF OKEECHOBEE, FLORIDA NOTICE IS' HEREBY dIVEN that the Okeechobee City Council Will meet In Closed Executive Session to div .cuss pending administrative pro- ,..ceedings concernin&WIlanl'i-I. Mason -Property� ondeinnation-, Lawsuft. The proposed Execuft" Session Will be held :on Tuesday,- November .18, 2003.1mmedlately owing Um regular meeting will g ns .'at 6:00 p.m. DeAS SOO Aer as possible In'City Cou ChaM- - bers, Room 200. located at! city, Hall, 55 Southeast. 3rdL Avenue. Okeechobee. Florida:'. � .77 7 �'� James"E. Kirk, Council Members Noel. Chandler, Low7,,l48*rkham', r Dowling A. Watford, r,'and Clay- ton WIlIlams,'iCityAttOt"y John COOK, and. City Admint%vot. Bill, Ve h, ac A court reporter. will be, Dfts8nt to reeord the session, flhe tran- sopt shall be made part of,the gblic record upon conclusion'of e'lltigation: By: JAMES E. KIRK, MAYOR LANE GAMIOTEA, CITY CLERK 428138-ON 11114103