2003-12-02 RegularN
F-0 CITY OF OKEECHOBEE
DECEMBER 2,2003 REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
PAGE 1 OF 11
AGENDA COUNCIL ACTION - DISCUSSION - VOTE
1. CALL TO ORDER - Mayor:
December 2, 2003, City Council Regular Meeting, immediately following the Mayor Kirk called the December 2, 2003 Regular City Council Meeting to order at 6:18 p.m.
Annual Holiday Lighting Ceremony. I
11. OPENING CEREMONIES:
Invocation given by Neil Gunsalus, Retired, United Methodist Church;
Pledge of Allegiance led by Mayor.
111. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk.
Mayor James E. Kirk
Council Member Noel A. Chandler
Council Member Lowry Markham
Council Member Dowling R. Watford, Jr.
Council Member D. Clayton Williams, Jr.
City Attorney John R. Cook
City Administrator Bill L. Veach
City Clerk Lane Gamiotea
IV. MINUTES - City Clerk.
A. Motion to dispense with the reading and approve the Summary of
Council Action for the November 18, 2003 Regular Meeting.
The Invocation was offered by Pastor Neil Gunsalus, Retired of the United Methodist Church;
Mayor Kirk led the Pledge of Allegiance.
City Clerk Gamiotea called the roll:
Present
Present
Present
Present
Present
Present
Present
Present
Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the
November 18, 2003 Regular Meeting; seconded by Council Member Williams. There was no discussion regarding this
item.
as) 0
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
DECEMBER 2,2003 - REGULAR MEETING - PAGE 2 OF 11
AGENDA COUNCIL ACTION - DISCUSSION - VOTE 11
V. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda.
agenda. Council Member Watford took this opportunity to extend his appreciation to all the City Employee's for a job well done
tonight at the 4" Annual Holiday Lighting Ceremony. Council then discussed and agreed to move the final item on the
agenda, New Business K, before item A due to the large attendance.
VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. 111 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. 847 Council Member Watford moved to read by title only proposed Ordinance No. 847 reassigning easements as adopted
reassigning easements as adopted by Ordinance No. 832 - City by Ordinance No. 832; seconded by Council Member Markham.
Attorney (Exhibit 1). 1
b) Vote on motion to read by title only. VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
c) Attorney Cook read proposed Ordinance No. 847 by title only Attorney Cook read proposed Ordinance No. 847 by title only as follows: "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 3RD STREET, C/Ty 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, FLORIDA; PROVIDING FOR AN EFFECTIVE DA TE."
2. a) Motion to adopt proposed Ordinance No. 847. 111 Council Member Markham moved to adopt proposed Ordinance No. 847,- seconded by Council Member Chandler.
b) Public comments and discussion. Mayor Kirk asked whether there were any comments or questions from the public. There were none. There was a brief
III discussion between the Council. This is the future site of the Teen Center and Skateboard Park.
682 DECEMBER 2, 2003 - REGULAR MEETING - PAGE 3 OF I I
AGENDA 11F_ COUNCIL ACTION - DISCUSSION - VOTE
V1. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED.
A. 2. c) Vote on motion.
CLOSE PUBLIC HEARING - Mayor.
VII. NEW BUSINESS.
VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:23 P.M.
K. Discussion regarding a temporary use permit application pertaining Mr. Marty Stevens and Mr. Don McBrayer, owners of Blue Heron Golf and Country Club appeared before the Council
to a bluegrass festival February 12 through'14, 2004 - Marty requesting an approval of a Temporary Use Permit to hold a Blue Grass Festival within the eighty-seven acre golf
Stevens (Exhibit 8). course located within the subdivision on February 12 through 14, 2004. They are expecting three hundred motor
homes and three thousand spectators. A Temporary Use Permit is processed through City Staff. However, due to the
11 controversy of this permit, Staff is deferring to the Council to make the final decision.
The audience filled the Council Chambers to its capacity mostly with residents of Blue Heron orthe surrounding areas
of the subdivision. Those that spoke against the festival were Alyce Hundley, Tom Elmore, Don Mason, Kenneth Host,
Amy and Dean Goding, Bob Oliver and Frank Irby. Mr. Elmore also distributed copies of a petition containing forty-
seven signatures against the festival being held within the subdivision. The protest was made clear by those speaking
that it was not the festival they were not in favor of, but the location of the festival being in a residential neighborhood.
Those that spoke in favor of the festival were Ann Alexander, Ed Curren, Darlene Bass and Anita Nunez.
Council Member Chandler moved to deny the TempQra!y Use Permit based on public safety, noise and traffic
congestion concerns; seconded by Council Member Williams.
Council Member Watford stated he was against the festival at first. However, after much research including calling
areas where Mr. Stevens and Mr. McBrayer held festivals like this in other cities, he has changed his mind. He
cautioned that the decision should be based on the benefit of the festival on the entire community, not the direct
inconvenience of specific property owners.
DECEMBER 2, 2003 - REGULAR MEETING - PAGE 4 OF 11
AGENDA COUNCIL ACTION - DISCUSSION - VOTE
Vill. NEW BUSINESS CONTINUED.
K. Discussion regarding a temporary use permit application pertaining Based on Mr. Stevens figures, the community could realize up to $1 million. This is money spent from the spectators
to a bluegrass festival February 12 through 14, 2004 continued. for that weekend (lodging, food, gas, etc.). Mr. Stevens asked for one chance to let them hold the festival this year.
If it does not work out, they will not ask for it again. Council Member Watford stated he understood the complaints
stated tonight, however, we all tolerate festivals and special events for the betterment of the community, such as the
11 Speckled Perch and Jaycees's Haunted House.
Council members Chandler and Williams commented that the festival would put to much of a burden on the residents
to hold it at Blue Heron and that Mr. Stevens should find another location such as Okee-Tanie or the Rodeo Grounds.
VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - No
WILLIAMS - YEA
MOTION CARRIED.
THE MEETING WAS RECONVENED AFTER A BRIEF EIGHT MINUTE RECESS.
A. 1. a) Motion to read by title only and set January 6, 2004 as a public Council Member Chandler moved to read by title only and set January 6, 2004 as a public hearing date for proposed
hearing date, proposed Ordinance No. 848 regarding a rezoning Ordinance No. 848 regarding a rezoning request submitted by Phillip Berger and Gerald Lefebvre, Application No. 03-
request submitted by Phillip Berger and Gerald Lefebvre, 008-R; seconded by Council Member Markham.
Application No. 03-008-R - City Attorney (Exhibit 2).
b) Vote on motion to read by title only. VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
94
684 DECEMBER 2, 2003 - REGULAR MEETING - PAGE 5 OF 11
VII. NEW BUSINESS CONTINUED. AGENDA COUNCIL ACTION - DISCUSSION - VOTE
A. 1. c) City Attorney to read proposed Ordinance No. 848 by title only. Attorney Cook read proposed Ordinance No. 848 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A
CERTAIN TRACTOFLANDMOREPARTICULARLYDESCRIBEDHEREIN, FROMRESIDENTIAL SINGLEFAMILY
ONE (RSFL1) ZONING DISTRICT TO LIGHT COMMERCIAL (CL7) ZONING DISTRICT, AMENDING THE ZONING
MAPACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYANDAN EFFECTIVE DATE."
2. a) Motion to approve the first reading of proposed Ordinance No. 848. Council Member Markham moved to approve the first reading of proposed Ordinance No. 848; seconded by Council
IIII Member Williams.
b) Public comments and discussion. 111 Mayor Kirk asked whether there were any questions or comments from the public. There were none.
Mr. Kelly Hill, City Planning Consultant addressed the Council with the following information: Planning Staff
Summary: The subject property is in a transitional area with Commercial intensive uses such as restaurants to the
East front on South Parrott Avenue. To the West, there are single-family homes with day care centers directly to the
North and South of this property. The use for this property is low -intensive in nature. An office is a good fit for the
neighborhood. The proposed zoning is consistent with Policy 2.1 of the Future Land Use Element, which includes
professional offices as permitted uses with appropriate zoning. The proposed zoning is consistent with surrounding
land uses.
Planning Staff Analysis: 1. The proposed use and zoning are consistent with the Comprehensive Plan, specifically
Light commercial zoning is allowable under the Commercial Future Land Use category. 2. The proposed use being
applied for (an office) is specifically authorized under the zoning district. 3. The public interest will not be negatively
affected by this zoning. 4, The surrounding uses show compatibility with uses allowed under this zoning district. 5.
The proposed use and zoning, if approved, will not be a deterrent to the improvement or development of adjacent
properties. 6. If necessary, site plan requirements can help to reduce any impacts upon the neighborhood so to reduce
the impact of any nuisance or hazard to the neighborhood. 7. Concurrency impacts will be minimal for this type of
zoning. A Future Land Use Map amendment (No. 03-008-SSA) was adopted October 7, 2003, if rezoning is approved,
both maps will be consistent.
Based on the above findings, Planning Staff is recommending approval. The Planning Board discussed the application
at the November 20, 2003 meeting and voted unanimously to recommend approval.
Vill. NEW BUSINESS CONTINUED.
A. 2. c) Vote on motion -
VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
DECEMBER 2, 2003 - REGULAR MEETING - PAGE 6 OF 11 685
,OUNCIL ACTION - DISCUSSION - VOTE
B. 1. a) Motion to read by title only and set January 6, 2004 as a public Council Member Watford moved to read by title only and set January 6, 2004 as a public hearing date for proposed
hearing date, proposed Ordinance No. 849 regarding a rezoning Ordinance No. 849 regarding a rezoning request submitted by Jimmy and Sherlye Byrd, Application No. 03-009-R;
request submitted by Jimmy and Sherlye Byrd, Application No. 03- seconded by Council Member Markham.
009-R - City Attorney (Exhibit 3).
b) Vote on motion to read by title only. VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
c) City Attorney to read proposed Ordinance No. 849 by title. Attorney Cook read proposed Ordinance No. 849 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 OFLAND MORE PARTICULARLYDESCRIBED HEREIN, FROM HEAVY COMMERCIAL (CH%o
AND INDUSTRIAL (IND) ZONING DISTRICTS TO RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT,
AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN
EFFECTIVE DATE."
2. a) Motion to approve the first reading of proposed Ordinance No. 849. Council Member Markham moved to approve the first reading of proposed Ordinance No. 849; seconded by Council
III Member Williams.
686 DECEMBER 2, 2003 - RE GULAR MEETING - PAGE 7 OF I I
AGENDA COUNCIL ACTION - DISCUSSION - VOTE
Vil. NEW BUSINESS CONTINUED.
B. 2. b) Public comments and discussion. Mayor Kirk asked whether there were any questions or comments from the public. There were none.
City Planning Consultant, Kelly Hill addressed the Council regarding the following information: Planning Staff
Summary: The surrounding area or neighborhood includes commercial uses and some residential dwelling. The
downtown area is within walking distance of this property. The proposed zoning is compatible with this neighborhood.
Planning Staff Analysis: 1. The proposed use and zoning (multi -family) are not contrary to Comprehensive Plan
requirements. 2. The proposed use (multi -family dwellings) are specifically authorized under the zoning district. 3.
Apartments or other types of multi -family dwellings will not have an adverse effect on the public interest. 4. Multi -family
use and zoning are appropriate for this location. 5. The proposed use and zoning will not adversely affect property
values or living conditions or be a deterrent to the improvement of development of adjacent property. To the North and
East are existing Commercial uses. Residential to the South with Multi -family to the West. 6. If necessary, site plan
requirements can help to reduce any impacts upon the neighborhood. 7. Concurrency impacts will be minimal for this
type of zoning.
A Future Land Use Map amendment (No. 03-01 O-SSA) was adopted November4, 2003, if rezoning is approved, both
maps will be consistent. Based on the above findings, Planning Staff is recommending approval. The Planning Board
discussed the application at the November 20, 2003 meeting and voted unanimously to recommend approval.
c) Vote on motion. VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
C. Motion to adopt Resolution No. 03-14 pertaining to the 2004 Police Council Member Watford moved to adopt Resolution No. 03-14 perl:aining to the 2004 Police Cars-, seconded by
Cars - City Attorney (Exhibit 4). 111 Council Member Markham. There was a brief discussion on this item.
DECEMBER 2, 2003 - REGULAR MEETING - PAGE 8 OF 11
M Mot
11 AGENDA III COUNCIL ACTION - DISCUSSION -VOTE 11
V111. NEW BUSINESS CONTINUED.
C.
19
E.
Motion to adopt Resolution No. 03-14 pertaining to the 2004 Police
Cars continued.
Discussion and update on Okeechobee Utility Authority issues - Bob
Oliver.
Consider offer to purchase land in the Commerce Center - Robert
Meyer.
Attorney Cook read Resolution No. 03-14 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF OKEECHOBEE, FLORIDA, AUTHORIZJNG THE LEASE -FINANCING OF CERTAIN EQUIPMENT
THROUGH EXECUTION OF A MASTER LEASE -PURCHASE AGREEMENT MTH KJSLAK NATIONAL BANK
SUCCESSOR ININTEREST TO THE SKYLAKE STATE BANK, PROVIDING FOR THE PAYMENT OF THE LEASE
PAYMENTS; MAKJNG CERTAIN OTHER COVENANTSANDAGREEMENTSIN CONNECTION THEREINITH, AND
PROVIDING AN EFFECTIVE DATE."
VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
City representative, Alternate OUA Board Member addressed the Council by distributing a copy of the large water
consumption users with a comparison of their rates prior to and after October 2003 and the difference in those rates.
The Board is trying to find a solution to assist these customers regarding the new rates. One customer has
experienced a 195.34 percent increase. There will be a workshop on this matter on December 11, 2003 at 8:30 a.m.
at the OUA meeting room. He encouraged everyone who could, to attend. Council agreed with Mr. Olivees
suggestion to send a lefter from the Mayor voicing the City's concerns regarding the new rate structure and
its enormous imp;ct to the communi .
As instructed by the Council, Administrator Veach and Mayor Kirk met with Mr. Robert Meyer to negotiate a price to
purchase property within the City's Commerce Center. Following a lengthy discussion, Council Member Wafford
movedto acceptthe propgsal as worked outwith Olde Tymo Constructionto purchase approximately 20 acres
at $5,000 p@r acre, first right of refusal to purchase approximately 10 additional acres at $10,000 pgr acre. To
instruct Aftomey Cook to draft the necessaq documents for this agreement. (The agreement is contingen
up9n the City keeping existing grants andiorfundling forthe CommerceCented; seconded byCouncil Member
Markham.
688 11 AGENDA III
Vill. NEW BUSINESS CONTINUED.
E. Consider offer to purchase land in the Commerce Center continued. VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
DECEMBER 2, 2003 - REGULAR MEETING - PAGE 9 OF I I
COUNCIL ACTION - DISCUSSION -VOTE
F. Motion to approve an addendum to the Economic Development Council Member Watford moved to approve an addendum to the Economic Development Administration (EDA)
Administration (EDA) contract between the City and Nancy Phillips contract between the City and Nancy Phillips & Associates; seconded by Council Member Markham. There was a brief
& Associates - City Administrator (Exhibit 5). discussion on this matter. Council extended their thanks and gratitude to Ms. Phillips for her continued commitment
and flexibility to work with the City.
VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
G. Motion to authorize staff to reprogram or resubmit the Economic Council MemberWatford moved to authorize staff to reprogram or resubmit the Economic Development Transportation
Development Transportation Fund (EDTF) grant - City Fund (EDTF) grant; seconded by Council Member Williams. There was a brief discussion on this item.
Administrator. I
VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
DECEMBER 2,2003 - REGULAR MEETING - PAGE 10 OF 11 689
AGENDA COUNCIL ACTION - DISCUSSION - VOTE
VII. NEW BUSINESS CONTINUED.
H. Motion authorize staff to issue an RFP related to proposed street Council Member Watford moved to authorize staff to issue a Request For Proposal (RFP) related to proposed street
projects in 2004 - Donnie Robertson (Exhibit 6). projects in 2004 (2003/04 Fiscal Year Roadway Improvements Project); seconded by Council Member Williams.
The following is a list of streets that will be included on the proposal:
Southwest 3rd Avenue between 8th and 15th Streets
Southwest 16th Street between S. Parrott and 3rd Avenues
Southwest 11 th Street between 2nd and 3rd Avenues
Southwest 7th Avenue between North and South Park Streets
Northwest 10th Street between 8th and 9th Avenues
Northwest 5th Avenue between 6th and 7th Streets
Northwest 8th Avenue between 9th and 12th Streets
Southwest 5th Avenue between 15th Street and 5th Drive
Southwest 5th Drive between 5th Avenue and 21 st Street
Southeast 8th Drive between 9th and 10th Streets
Southeast 3rd Street between 8th Drive and 6th Street
Southeast 8th Drive between 3rd Court and 4th Street
Southeast 10th Avenue between North Park and 7th Streets
Northwest 2nd Street between North Parrott and 3rd Avenues
Northwest 3rd Street between North Parrott and 3rd Avenues
Southwest 12th Avenue between North Park and 2nd Streets. New road, running one-way - Council
instructed Public Works Director Robertson to meet with the propgft of John's Auto Electric and for
the two of them to conclude which way the traffic should flow, North to South or South to North.
Southwest 12th Avenue between 2nd and 3rd Streets - Guardrail installed only.
VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
690
DECEMBER 2, 2003 - REGULAR MEETING - PAGE I I OF 11
IL_ AGENDA COUNCIL ACTION - DISCUSSION - VOTE
Vill. NEW BUSINESS CONTINUED. I
1. Motion to approve a $7,976.00 expenditure for repairs to the
Southeast 4 th Street boat ramp - Donnie Robertson.
J. Discussion regarding current height regulations and setbacks for
fencing within commercial zoning districts - Jerry Campbell (Exhibit
7).
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
Clerk tapes are for the sole purpose of backup for official records of the'C
ATTEST: James E.'Kirk, Mayor
Lane Gamiotea, City Clerk
Council Member Watford moved to approve a seven thousand, nine hundred seventy-six dollar ($7,976.00)
expenditure for repairs to the Southeast 4" Street boat ramp; seconded by Council Member Markham. There was a
brief discussion on this item. Council extended their appreciation to Director Robertson. It was due to his expertise
and efforts that the City has been able to keep the boat ramp open.
VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
Mr. Jerry Campbell, owner of Like New Appliances located at 505 East North Park Street, addressed the Council
regarding a fence that was erected next to his property. He again is requesting that Council amend codes to require
a 20-foot front setback for fences within a Commercial corridor. He distributed a letter from the Florida Department of
Transportation regarding the existing fence. Attorney Cook advised that he, the Public Works Director, Code
Officer and with Mr. John Bedin. DOT Maintenance Manaaer would need to meet and discuss the DOT letter.
Mr. Campbell's interpretation of the letter is that the fence is in violation of DOT mgulations and that the Ci
should require the owner to remove it. Attorney Cook will notify Mr. Campbell of the outcome of the meeting
and whether or not the fence has to be removed or remain where it is.
There being no further items on the agenda, Mayor Kirk adjourned the December 2, 2003 meet at 9:40 p.m. The next
regular City Council Meeting is scheduled for Tuesday, January 6, 2004.
AFFIDAVIT Of .,UBLISHER
OKEECHOBEE TIMES
106 S.E. 5th St., Okeechobee, FL 34974
(863) 763-7283
_qpm COUNCL
Published Weekly
STATE OF FLORIDA
COUNTY OF OKEECHOBEE:
Before [he undersigned authority personally appeared JW
to" floe a 4
Owens who on oath says that he is publisher of the Okeechobee Times,
Adw"Walk
, i " PW
a newspaper published weekly at Okeechobee in Okeechobee, Florida:
AmhsiD it
OW my d.00
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that the attached copy of advertisement,
woord,'af dw
beinga 12''Ll''CIS1011CL P0932263
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Lhe apped is
CITY OF OKEECHOBEE
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55 SE THIRD AVENUE
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OKEECHOBEE, FIL 34974-2932
941-763-3372
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In the Court,
was published in said newspaper in the issues of 1112712001
Affiant further says that the said Okeechobee Times is a newspaper
published at Okeechobee, in said Okeechobee County, Florida, and
that said newspaper has heretofore been continuously published in
said Okeechobee, Florida as a daily, weekly, or bi-weekly and has been
entered as second class mail matter at the post office in Okeechobee,
in said Okeechobee County, Florida, for a period of one year next
preceding the first publication of the attached copy of advertisement;
and affiant further says that he has neither paid nor promised any
person, firm or corporation any discount, rebate, commission or refund
for the purpose of securing this advertisement for publication in the
said newspaper.
. W. Owens, (Publisl�6r)
Sworn to and subscribed before me
A
this day of
A. D. 2003
(S EA L)
C (IL
--7-1 L NOTARY SEAL
"n 49 ROSEALEE A BRENNAN
0
Notary Public
(X)MMISSION NUMBER
CC 94OT70
Y
M OOMMISSION EXPIRES
OF 0-0 JUNE 25,2004
CITY OF ONEECHOBEE -DECEMBER 2,2003 -
REOULAR ON COUNCIL MEETING - HANDWRITTEN MINUTES
1. CALL TO ORDER - Mayor:
11. OPENING CEREMONIES:
Ill. . MAYA 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
Cky Attorney John R. Cook
Cfty Administrator Bill L. Veach
C4 Clerk Lane Gamiotea
PAGE -1 -
V6
Present Absent
V-/"
IV. MINUTES - City Clerk
A. Cou'ncil Member moved to dispense with the reading and approve the Summary of
C�Vction for the November 18, 2003 Regular Meeting; seconded by Council Member
I
%VO E YEA NAY ABSTAIN ABSENT
K I
0
CHVDLER
WAtFORD
W14k[AMS 4L__
MOTIO - DENIED
C ;DD
V. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
PAGE -2-
VIIL MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT P.M.
A. 11. a) Council Member moved to read by title only proposed Ordinance No. 847
reassigning easements as adopted by Ordinance No. 832 - City Attorney (Exhibk 1); seconded by
Council Member (10-
b) Vole on motion to read by title only.
YOVE YEA NAY ABSTAIN ABSENT
KIRK
CHANDLER
MAOMIAM
WATFORD
WILLIAMS
MOTI#&=E�- DENIED
c) Attorney Cook read proposed Ordinance No. 847 by title only as follows: "AN ORDINANCE
Al$ENDING ADOPTED ORDINANCE NO. 832 CLOSING, VACATING AND ABANDONING THE
ALJEYS, ALLEYWAYS OR STREETS LOCATED IN BLOCKS 128, 135 AND A POR77ON OF
N(IRTHWEST r STREET, CITY OF OKEECHOBEE; AS RECORDED IN PLA T BOOK 1, PAGE
% AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA;
ROASSIGNING EASEMENTS FOR PUBLIC U77UTIES PURPOSES; DFREC77NG THE CITYCLERK
TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT
CWRT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROWDING FOR AN EFFEC77VE
DATE.ff
2.6) Council Member LK moved to adopt proposed Ordinance No. 847; seconded by
Council Member
b) Public comments and discussion.
bcaJ p aid aA-) Cl-
t
c) , Vole- on motion.
Y92 YEA NAY ABSTAIN ABSENT
KINK
CHANDLER,
MARKHAM
WATFORD
wt LIAMS
UOTION,(CARRIED�- DENIED
UJ% WUL&- P( (Ad
MAYOR KIRK CLOSED THE PUBLIC HEARING AT Lz-�—P.M.
PAGE -3-
VIL NEW BUSINESS
A. 1. a) Council Member moved to read by title only and set January 6, 2005 as a public
hearing date, proposed Ordinance No. 848 regarding a rezoning request submitted by Phillip
Berger and Gerald Lefebvre, Application No. 03-008-R - City Attorney (Exhibit 2); seconded by
Council Member UM
b) � Vole on motion to read by title only.
V0% YEA NAY ABSTAIN ABSENT
WI&V %.11
CHANDLER
MARKHAM
WAtFORD
VAUJAMS
MOTION/(!f!�)- DENIED
c) Attorney Cook read proposed Ordinance No. 848 by title only as follows: "AN ORDINANCE OF THE
CIMFOKEECHOOEE; FLORIDA AMENDING THE OFRCIAL ZONING MAPOFOKEECHOBEE
SWREZONINGA CERTAIN TRACTOFLANDMOREPARTICULARLYDESCPJBEDHEREIN, FROM
RWDEN71AL SINGLEFAMILYONE(RSF4) ZONING DISTRICT TO LIGHTCONMERCIAL (CL7)
ZCkV/NG DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR
CONFLICTS, SEVERABILITYAND AN EFFECTIVE DA TE. ff
2. i) Council Member m2veq to approve the first reading of proposed Ordinance No. 848;
seconded by Council Member - VA.AJ
b) � Public comments and discussion.
A tt & P c,,io 614k�s
Plahning 5taf f Summary: The subject property is in a trnasitional area with Commercial intenseive
uso such as restaurants to the East front on South Parrott Avenue. To the West, there are single-
f0ily homes iwth day care centers directorly to the 1`4� and Aj� of this property. The use
f or�,,, this prope"rot—y is low intensive in nature. An of f ice is agood f it f or the neighborhood. The
proposed ;goning is consistent with Policy 2.1 of the Future Land Use Element, which includes
pro�f essional offices as permitted uses with appropriate zoning. The proposed zoning Otronsistent
with surrounding land uses.
PlaAning Staff Analysis: 1. The proposed use and zoning are consistent with the Comprehensive Plan,
spi6cif ically Light commercial zoning is allowable under the Commercial Future Land Use category. 2.
1 -
The proposed use being applied for (an office) is specifically authorized under the zoning district. 3
1
Thio public interest will not be negatively affected by this zoning. 4. The surrounding uses show
cot�patibility with uses allowed under this zoning district. 5. The proposed use and zoning, if
approved, will not be a deterrent to the improvement or development of adjacent properties. 6. If
ne4essary, site plan requirements can help to reduce any impacts upon the neighborhood so to
reduce the impact of any nuisance or hazard to the neighborhood. 7. Concurrency impacts will be
mi�imal for this type of zoning. A Future Land Use Map amendment (No. 03-008-SSA) was adopted
1W/03, if rezoning is approved, both maps will be consistent.
Baled on the above findings, Planning Staff is recommending approval. The Planning Board discussed
th4 application at the November 20, 2003 meeting and voted unanimously to recommend approval.
0 Vote on motion.
I E YEA NAY ABSTAIN ABSENT
Kmk t-�
C"DLER —
MAIUUWW
WA�FORD
MOT� �CCED DENIED
PAGE -4-
T
BA. a) Council Member moved to read by title only and set January 6, 2005 as a public
hearing date, proposed Ordinance No. 849 regarding a rezoning request submitted by Jimmy and
Sherlye Byrd, Application No. 03-009-R - City Attorney (Exhlbit 3); seconded by Council Member
b):� Volle on motion to read by title only.
ME YEA MAY ABVAIN ABSENT
KIRK -1/
CH*ADLER V
MA� IV
WAIFORD v-
WILLIAMS (I/
MOTIO CARRIED DENIED
c) Attorney Cook read proposed Ordinance No, 849 by title only as follows: "AN ORDINANCE OF THE
CIYOF OKEECHOBEE; FLORIDA AMENDING THE OFRCIAL ZONING MAP OF OKEECHOBEE
BMEZONNGA CERTAIN TRACTOFLANDMOREPAR77CULARLYDESCFdBEDHEREIN, FROM
HINVY COMMERCIAL (CHV7 AND INDUSTRFAL OND) ZONING DISTRICTS TO RESIDENTIAL
MOLTIPLE FAWLYMM ZONING DISTNCT, AMENDING THE ZONING MAPACCORDINGLY,
PROVIDING FOR CONFLICTS, SEVERABILITYANDAN EFFECTIVE DATE.
2. Council Member moved[ to approve the first reading of proposed Ordinance No. 849;
seconded by Council Member OW
b)
Public comments and discussion.
5 u_ty�
Plapning Staff Analysis: 1. The proposed use and zoning (multi-f ami ly) are not contrary to
Comprehensive Plan requirements. 2. The proposed use (multi-f amily dwellings) are specifically
authorize6 under the zoning district. 3. Apartments or other types of multi -family dwellings will not
have an adverse effect on the public interest. 4. Multi -family use and zoning are appropriate for this
location. 5. The proposed use and zoning will not adversely of f ect property vales or living conditions
or be a deterrent to the improvement of development of adjacent property. To the North and East
are existing Commercial uses. Residential to the South with Multi -family to the West. 6. If
necessary, site plan requirements can help to reduce any impacts upon the neighborhood. 7.
Cor,%currency impacts will be minimal for this type of zoning.
A Future Land Use Map amendment (No. 03-010-55A) was adopted 11/4/03, if rezoning is approved,
both maps "will be consistent. Based on the above f inclings, Planning Staff is recommending approval.
The Planni" Board discussed the application at the November 20, 2003 meeting and voted
imously to recommend approval.
undn
!UO kcw N�" I Te_L'JpkL4_ Or) popoud
c) t Vole on motion.
&E
YEA NAY ABSTAIN ABSENT
KIW
CHANDLER
WATFORD
WILLLWS
MOTIID�N CARRIED - DENIED
PAGE -5-
C. Council Member moved to adopt Resolution No. 03-1j pertaining to the 2004 Police
CaFs - City Attorney (ExM* 4); seconded by Council Member - ote
Cook read Resolution No. 03-14 by title only as follows: "A RESOLUTION OF THE CITY
L PF THE CITY OF OKEECHOBEE; FLORIDA, AUTHORIZJNG THE LEASE-RNANCING OF
V 4QUIPMENT THROUGH EXECUTION OF A MASTER LEASE -PURCHASE AGREEMENT
S*KMAM BANK SUCCESSOR IN INTEREST TO THE SKYLAKE STATE BANK;
IA$ FOR THE PAYMENT OF THE LEASE PAYMENTS, MAKING CERTAIN OTHER
IWS AND AGREEMENTS IN CONNEC77ON THEREMTH,- AND PROWDING AN EFFECTIVE
CAM, OJILLt (6 Q� oltAK t
VOU -YEA NAY AMAIN ABSENT
KIW
CHANDLER.
MAOM
WATFORD
WILLIAMS
-MOTION���- DENIED
D. Discussion and update on Okeechobee Utility Authority issues r-Bob Oliver.
0
A4
Ju+ uau�� d-&Vl
uj�
Cq 4jw U(�c fV
Ow, cu- bG,,u OJ a0cr) -
0 - 6 Ud Id Uk� (,kJ
�a�qcj -tlo-w wt/��d, ujk
PAGE -6-
E. Consider offer to purchase land in the Commerce Center - Robert Meyer.
J, 4 v 0 - U� M a� vi,
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PAGE -7-
F. Council Member moved to approve an addendum to the Economic Development
Ackninistrafion (EDA) contract between the City and Nancy Phillips & Associates - City
Administrator (Exhlbft 5); seconded by Council Member UiD -
�)uQ-�� 47�
oa- Qdv�� Wdo
Uj
,qlaAr-) W)k - kvAt--, m4 uktyub U'Ulk
4D
YQLE YEA NAY ABSTAIN
CHANDLER
MA*GM
WATFORD
WILLIAMS
MOTCN ARRI - DENIED
Council member moved to authorize staff to reprogram or resubmit the Economic
Development Transportation Fund (EDTF) grant - City Administrator; seconded by Council
Member OL
�w 0 46U UP � W ak
VOTE YEA NAY ABSTAIN ABSENT
V v
16
LER
I
WA
WILLIAMS
DENIED
PAGE -8-
H. Council Member — ZKL,---, moved authorize staff to issue an RFP related to propose street
pr*cts in 2004 - Donnie Robertson (ExhlWt 6); seconded by Council Member V -
SW Yd Avenue between 8th and 15th Streets
SW 16'h Street between S. Parrott and 3' Avenues e'uxAAL�4
SW 11"h Street between 2"d and 3rd Avenues
SW 7 1h Avenue between N. and 5. Park Streets
NW loth Street between 81h and g1h Avenues
NW 5'h Avenue between 6 th and -rh Streets
NW 81h Avenue between 91h and 12 th Streets
SW 5th Avenue between 15'h Street and 5 th Orive
S : 51h
W brive between 5" Avenue and 21" Street
SES" brive between 91h and lot' Streets
81h th 6tree &CLd"
SE13rd Street between i=%ad6
th 1h Stre C)�Ckd_Q� jo 0"
SEB brive between Yd4!Ziand 4 U)01�
SElloth Ih
I Avenue between N. Park and 7 Streets
Nw 2rd Street between N. Parrott and 3 rd Avenues
N* 3' Street between N. Parrott and 3' Avenues
SW 12 th Avenue between N. Park and 2 "d Streets. New road, one way running South to Norht
SW 12 th Avenue between 2 "d and Yd Streets - Guardrail installed
k� t': � & q, � , I, U-)
vin� ' � -
T-
oj",
VOTE YEA NAY ABSTAIN ABSENT
KINK
CHANDLER
MARKHAM
WATFORD
WILLIAMS
<C DENIED
-MOTION
PAGE -9-
Council Member wj� moved to approve a seven thousand, nine hundred seventy-
six4housand dollar ($7,976.00) expenditure for repairs to the Southeast 4" Street boat ramp -
Donnie Robertson. (4N\ _L%A
A
VOTE YEA NAY ABSTAIN ASSENT
KIRK 111,
CHANDLER '
MARKHAM
WAiFORD
VALLIAMS
MOTION 0�;� DENIED
J. Discussion regarding current height regulations and setbacks for fencing within commercial zoning
districts - Jerry Campbell (Exhibit 7).
J W'LLA ct4Abt6d
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PAGE -10-
K. Discussion regarding a temporary use permit application pertaining to a bluegrass festival
February 12 through 14, 2004 - Marty Stevens (Exhibit 8).
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4b.
EXHIBIT 1 —
DECEMBER 2 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 PUBLIC RECORDS 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 16-foot
wide alley right-of-way adjoining the Easterly boundary of Lots 4 through
9 of Block 135 and that portion of Northwest 3 Id Street 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 18' 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
ExHIBIT I —
DECEMBER 2 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 6, 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, 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 16-foot
wide alley right-of-way adjoining the Easterly boundary of Lots 4 through
9 of Block 135 and that portion of Northwest 3rd Street 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 18 1h day of November,
2003.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, City Clerk
PASSED and ADOPTED on second and final public hearing this 2 nd 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
ORIGINAL EASEMENT
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The Oke,-hobee News
P.O. Box 639, Okeechobee, Florida 34973,
(863) 763-3134
Published Daily
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
CP
Before the undersigned authority personal a
Judy Kasten, who on oath says she is Publisher of the 0
News, a DAILY Newspaper published at Okeech
Okeechobee County, Florida; that the attached copy of a(
ment, being a
-----------
in the matter of
PEC - 1
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues
of
Affiant further says that the said Okeechobee News is
a newspaper published at Okeechobee, in said Okeechobee
County, Florida, and that said newspaper has heretofore been
published continuously in said Okeechobee County, Florida
each week and has been entered as second class mail matter at
the post office in Okeechobee, in said Okeechobee County,
Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant
further says that she has neither paid nor promised any person,
firm or corporation any discount, rebate, commission or refund
for the purpose of securing this advertisement for publication in
the said newspaper.
Sworn "d subscribObefore me this
day of
_I '_i (-' -,(--v A.D. 20
7,
j1f 1� 117
t Lai
Notary Public, State of Florid/a
!7, 200,1
OF
1A 'at 'he ""
c'o'ee
ec e
OT'
10 n Ci' ' ke,
r n Tuesday 0 emb
2 16 00 p � or as s on
0 M
t fter possible , a City Hall 55
3rd A"n , 8, Okeechobee , FL
will conduct a PUBLIC HEARING on
and thereafter consider final read-
ing of the following Ordinance into
law: NO. 847: AN ORDINANCE
AMENDING ADOPTED ORDI-
NANCE NO. 832 CLOSING, VA-
CATING AND ABANDONING THE
ALLEYS, ALLEYWAYS OR
STREETS LOCATED IN BLOCKS
128, 135 AND A PORTION OF
NORTHWEST 3RD,STREET, CITY
OF OKEECHOBEE, AS RE ' CORDED
IN PLAT BOOK 1, PAGE 10, AND
PLAT BOOK 5, PAGE 5, PUBLIC
RECORDS, OKEECHOBEE
COUNTY, FLORIDA; REASSIGN-
ING EASEMENTS FOR PUBLIC
UTILITIES PURPOSES; DIRECT-
ING THE CITY CLERK TO RECORD
THE ORDINANCE IN THE PUBLIC
RECORDS OF THE CLERK OF THE
CIRCUIT COURT IIN AND FOR
OKEECHbBfEtOUNTY, FLORIDA;
PROVIDING FOR AN EFFECTIVE
DATE.
All members of the public are encour-
aged to attend and participate in
said hearing. The proposed Ordi-
nance may be inspected in its en -
I irety by members of the public in
the Office of the City Clerk during
regular business hours, Monday -
Friday, 8:00 a.m. - 4:30 p.m.. ex-
cept for holidays.
PLEASE TAKE NOTICE AND BE AD-
VISED that if any person desires to
appeal any decision made by the
City Council with respect to any
matter considered at this hearing,
such interested person will need a
record of the proceedings, and for
such purpose may need to ensure
a verbatim record of the proceed-
ings is made, which record in-
cludes the testimony and evidence
upon which the appeal is to be
based. City Clerk tapes are for the
sole purpose of backup for official
records of the Clerk.
In accordance with the Americans
with Disability Act (ADA) and Flori-
da Statutes 286.26, persons with
disabilities needing special accom-
modation to participate in this pro-
ceeding should contact Lane Gami-
otea no later than two (2) working
days prior to the proceeding at
(863)763-3372, extension 215; it,
hearing or voice impaired, call TOD
1-800-222-3448 (voice) or 1-888-
447-5620 (TTY).
Lane Gamiotea, CITY CLERK
429649-ON 11/21/03
EXHIBIT 2 —
DECEMBER2 AGENDA
ORDINANCE NO. 848
AN ORDINANCE OF THE CITYOF OKEECHOBEE, FLORIDAAMENDING
THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A
CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN,
FROM RESIDENTIAL SINGLE FAMILY ONE (RSF-1) ZONING DISTRICT
TO LIGHT COMMERCIAL (CLT) 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. 03-008-R) pursuant to the Land Development
Regulations of the City of Okeechobee for the purpose of rezoning a certain tract
of land consisting of 0.16 acre(s) from Residential Single Family One (RSF1)
Zoning District to Light Commercial (CLT) 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:
NOWTHEREFORE, 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 the properly executed by the Mayor or designee, as Chief
Presiding Officer for the City:
SECTION 1. LEGAL DESCRIPTION
Lots I and 2, of Block 21, South Okeechobee, according to the
Plat thereof recorded in Plat Book 5, Page 7 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 Single -Family (RSF-1) Zoning District to
Light Commercial (CLT) Zoning District.
SECTION 3. CONFLICT
All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 4. SEVERABILITY
If any provision or portion of this ordinance is declared by any court
of competent jurisdiction to be void, unconstitutional, or
unenforceable, then all remaining provisions and portions of this
ordinance shall remain in full force and effect.
Page 1 of 2
SECTIONS. EFFECTIVE DATE
This Ordinance shall take effect immediately upon its passage.
INTRODUCED for first reading and set for final public hearing on this 2 n, of December,
2003.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 6 th day of janua
2004.
ATTEST:
Lane Gamiotea, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
James E. Kirk, Mayor
Page 2 of 2
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City of Okeechobee
General Services Department
55 S.E. 3 d Avenue, Room 101
eec o e, Florida 34974-2903
Phone: (863) 763-3372, ext. 217
Fax: (863) 763-1686
Date:
Petition No. 03-00
Fee Paid:
Jtuisdition: 4-
P'U— '. I I 120 1
Ist H=n'T - � 1
1 ()3-,
.,-, Ind Hcaxing: OU
Publication Dates: 11 4 uht
.
P8 1'Z12 (0- X,
1 Notices Mailed:
Uniform Land Use Application
Rezone - Special Exception - Variance
V
Name of property owner(s): Philip Y. 'Rercli-r & Geraid A- T.PfPhvrP
A',
Owner mailing address: P.O. Box 158 Okeechobee, FTe 34973
Pl-
P'
Name of applicant(s) if other than owner (state relationship):
L
I
Applicant mailing address:
C -
A".
Name of contact person (state relationship): %
P h 1 J p Y R e r cl P r
N'
T 1,
Contact person daytime phone(s): ( 8 6 3 7 6 3 - 6 4 11 Faxi 8 6 3 2 6 3 -1 n R q
Property address/ directions to property: 1302 qW 2nd Ayt-- OkPe(-hnhf-P,PT. 'R4Q*74
Indicate current use of property: Resident i a I Single Family
Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state):
Single Family Residence
712P
Approximate number of acres: 2 Lo t s s property in a platted subdivision? Yes -Lots 1&2 Blk 21
SOL�%O�eeqhobee
Is there a current or recent use of the property that is/was a violation of county ordinance o, escribe-
P
R
No
0
Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date,
P
nature and applicant's name: No
E
R
Is a sale subject to this application being granted? No
T
y
Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses:
Yes
Describe adjoining land uses / improvements to the North:
Z7 ('nmmp r r i i I Poll n t i a n n f Vrill h
South: Child Care Center East: Ri Gators West: Residential Singi
Future Land Use classification:
Existing zoning: Residential
Actions Requested: (_X) Rezone Special Exception Variance
Parcel Identification Number: 3-21-37-35-0040-00210-0010
S/ I Confirmation of Information Accuracy
I hereby certify that i fo ' ap?n in this application is correct. The information included in this application is for use by
t e )' of Okeec ro i my requ st. False or misleading information may be punishable by a fine of up to
he C ee
$5 0
,#d imp t ays an gnay result in the summary denial of this application.
tc 1
IL4 , e -t� (
Printed Namt4(t-%0 C)t5VJL4�-V-Date
Signature
Page I of 2
Uniform Land Use Appll�on (rev. 1/03)
Family
Requested zonin- classification :CO
Current zoning classification: PSF
What is your desired permitted use under die proposed classification: 0 F f i
E 13v.�S I riv omcp--
Z
0 ithalikezone? Yes
N if granted, will the new zone be contiguous w
F
is a Special Exception necessary for your intended use? No Variance?
Describe Variance sought:
V
A
R Describe physical characteristic of property that makes variance necessary:
A
N
C Did you cause or contribute to the characteristic? is so, describe:
EFId Yo I
t
Wliat is the minimum variance necessary?
j
Page!2 of 2
Uniform Land Use Application (rcv. 1103)
I is i , I ),, cis oo Prepated 13Y iii'd lZet"111 ill:
CONELY & CONELY, P.A.
TOM W. CONELY, III
401 N.W. 6TH STREET
P.O. DRAWER 1367
(7)KELICHOBEE, FL 34973-1367
raill)Nu,oher� 3-21-37-35-0040-00210-0010
Warranty Deed
Docuayintary Stamps paid in tile anxmint ,4
$ 15 12S. 0_0
Class C Intangible Tax paid in the arnif.funt
of $ -09—
Sharon Rot)eftw), Cletr� (if Circuit Courl
Okeechubee�xinty, FI(xida p
BY:
oate:
I his 111(lentill-C, Madeflik 19th (lavol' November 2002 Between
RONALD J. MATHEY and JOYCE A. MATHEY, his wife
-I h, C, it, f Okeechobee I stste .,I Florida , grantol-S, is"',
j)jj,TLIP Y. BERGER and GERALD A. LEFEBVRE, as tenants in common
11_., , post office Box 158, Okeechobee, FL 34973
, 'I't I Okeechobee I I Flor1da grantees.
\N'i Ill that ill, GRAN IORS, for m"I "I 111111i'111:1"'n `r1l" '"o 'it P01A ARS,
DOLLARS ($10) -----------------------
------------------------ TEN
good ar"I 'ahlable C ... iside'all"', t., (WANIOR"
., it, halld Paid by 11w `11111,1 'Ac'C"I il
j ...... cd, !"'s-gailled arld Sold lo II)e S�o,j Jerd (jRANIIj�S' heirs. S1lC11)rS li,� [�,llo,,wg Imid, stillaic,
Okeechobee State 1- Florida I's \,it
Lots 1 and 2, Block 21, SOUTH OKEECHOBEE, according to the plat
thereof recorded in Plat Book 5, Page 7, public records of Okeechobee
County, Florida.
Subject to restrictions, reservations and easements of record, if
any, which are not reimposed hereby, and taxes subsequent to December
31f3t, 2002.
L
1, , �,
380141- M2 ?0 ", In, I
1� 11 A P C) � " " , ! � -, I , -
cl FRKI of- I ( ", � 11; � I
atid file grataloirs do hereby fully Nvatiallt tile title to Said 111A, arld will defelld tire sallru agLill, lie,,fill cklill,; (if -all pctsiais %Ownimic%cr
Ili Witness Wliereof, tire pai,rs Ili— I ... .... I, _t Ill,it js_ds seals tile lay and yrn fi,,l ab-, ,titleo
Signed, sealed and delivered I yr pre sence:
IdE Y
R. NALD J.
. A . . . . . . . P 0 Address: 61 ION 54th cis (n, 1:1. 34974
Witness
(Seill)
TotMC NE OYC A THE
1 (0). Ach ess: 6;�70 N.\V. 41541iAve,i, (ohee,h.bi,e, Fl, 34974
S'I'A'I'll" OF FLORIDA
(70UNIN OF OKEECHOBEE November 2002 Is,
iiie tt-regowg instromerst �vas ackw-ledged tic[,re me this 19th (lay "t
RONALD J. MATHEY and JOYCE A. MATHEY, his wife
,il,ale polsoeallykno— torae0r\Vll()Iia pi-luccd ificir Florida driver I a license as idcollfit
...........
EVA MAE CO EVA MAE CONELY
Notary Public
EXPIRES Decerab 1
M,d*dlh,oNoUFyl'uU� s'
R My collarrissi"', Expi,es 12/12/04
�IAT!Iy`y 1;ITCIER l". 70011
CC) F-
TT
6
A
-- -- - - - - - - -
AL 1, L Y
IN
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jF
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ELM'
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............
Mai J milill
111!! 1 til �:1 !ll �tl 1 1,11-11 1 limit], 11 'I'lihil[l, 11-1 �111, 1,! 11 1�1-llltnH lk�lil,�ll 41:1 HLill`�,lll i I �l I I
lilltd] il,14,
ld�1111�11T I Hirl
October 21, 2003
Statement of Interests
Please be advised that Philip Y. and Lori C. Berger and Gerald A. Lefebvre
own the real estate described as:
Lot I & 2 Block 21
South Okeechobee
Parcel ID# 3-21-37-35-0040-00210-0010
The owners would like to rezone the property in order to use it for office
space.
The surrounding property uses are commercial.
Sincerely yours,
Philip Y. Berger
K7
JANETTATHIBOULT
MY COMMISSION # DD 083416
EXPIRES: January 10, 2W6
V, W B.,,J.d Thru Way Public Underwriters
OWNER'S AFFIDAVIT REQUESTING ZONING CHANGE
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
COMES NOW LORI C. BERGER after first being duly sworn to tell the truth and
states as follows:
1. That her legal name is LORI CURVIN BERGER
2. That her birth date is December 11, 1962;
3. That she is co-owner of "Lots I & 2 Block 21 South Okeechobee Parcel ID 3-
21-37-35-0040-00210-00 10";
4. That she requests the zoning of that property be changed from residential
single family to commercial.
5. That the requested zoning change is made for office use.
IT RTHERMORE AFFIANT S YETH NOT.
�k-414NT LORI C. BNhGER
SWORN TO and subscribed before me this //�' day of 2003
DIANN R, PATRICK
(SEAL) Notary Public. State ot Florida
m
My c9mm e4, 27, 2003
Comm. No. L-C877195
.'S, //1
Notary Public
My Commission Expires:
OWNER'S AFFIDAVIT REQUESTING ZONING CHANGE
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
COMES NOW GERALD A. LEFEBVRE after first being duly sworn to tell the
truth and states as follows:
1. That his legal name is GERALD ALAN LEFEBVRE;
2. That his birth date is June 6, 1950;
3. That he is co-owner of "Lots I & 2 Block 21 South Okeechobee Parcel ID 3-
21-37-35-0040-00210-0010";
4. That he requests the zoning of that property be changed from residential
single family to commercial.
5. That the requested zoning change is made for office use.
FURTHERMORE AFFIANT SAYETH NOTI,
AFFIANT GETD A. LEFEBVRE
Wilness'
4 __U -
i Ltn e's s
SWORN TO and subscribed before me this day of 2003
Notary Public
My Commission Expires:
(SEAL)
DIANN'R, PATRICK
Notary Pubiv, 'Stite of Florida
MY COMR). 27. 2003
Comm. ,,,,,877195
OWNER'S AFFIDAVIT REQUESTING ZONING CHANGE
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
COMES NOW PHILIP Y. BERGER, after first being duly sworn to tell the truth
and states as follows:
1. That his legal name is PHILIP YORK BERGER:
2. That his birth date is June 11, 1946;
3. That he is co-owner of "Lots I & 2 Block 21 South Okeechobee Parcel ID 3-
21-37-35-0040-00210-0010";
4. That he requests the zoning of that property be changed from residential
single family to commercial.
5. That the requested zoning change is made for off -ice use.
FURTHERMORE AFFIANT SAYETH N
SWORN TO and subscribed before me this dayof VVA/ 2003
Notary Public
My Commission Expires:
(SEAL)
DIANN R, PATRICK
Notary Public, State of Florida
My Comm t c, f)ct. 27, 2003
COMM No ',;,877195
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1375 Jac n Street, Suite 206
Fort Myers, Florida 33901-2845
Phone: 239-334-3366 Fax: 239-334-6384
Email: larue-planning(�Datt.net
Staff Report
Rezoning Request
Preparedfor.- The City of Okeechobee
ApplicantlOwner Berger & Lefebvre
From: Residential Single Family One
(RSFI) to Light Commercial (CLT)
Petition No. 03-008-R
Staff Report Applicant: Berger & Lefebrve
Rezoning Request Petition No. 03-008-R
Owner: Philip Y. Berger & Gerald A. Lefebrve
Owner Address: P.O. Box 158
Okeechobee, FL 34973
Owner Phone Number 863-763-6411
Applicant: Same
Property Control Number
Existing Proposed
3-21-37-35-0040-00210-0010
Future Land Use
Designation
Commercial
Commercial
Zoning District
Residential Single Family
One (RSF I)
Light Commercial (CLT)
Acreage
0.16
0.16
Access
SW 2 n" Avenue
SW 2"' Avenue
/1"
Location: 1302 SW 2 nd Avenue, Okeechobee, FL 34974
Legal Description: Lots I & 2 Block 2 1, South Okeechobee, according to the
Plat thereof recorded in Plat Book 5, Page 7 Public Records
of Okeechobee County, Florida.
The owner/applicant requests a rezoning for the subject property from Residential
Sing, le -Family One (RSF I) to Light Commercial (CLT) in order to operate some type
Of commercial office
Adjacent Future Land Use Map Classifications and Zoning Districts:
North: Future Land Use Map Classification: Commercial
Zoning District: Heavy Commercial (CHV)
Existing Land Use: Fountain Youth Day Care
East: Future Land Use Map Classification: Commercial
Zoning District: Commercial
Existing Land Use: R.J. Gators is east and south two lots.
South: Future Land Use Map Classification: Commercial
Zoning District: Commercial
Existing Land Use: Day Care
West: Future Land Use Map Classification: Single Family Residential
Zoning District: Residential Single Family One
Existing Land Use: Single Family
(PAGE }
Staff Report
Rezoning Request
Applicant: Berger & Lefebrve
Petition No. 03-008-R
The subject property is in a transitional area with Commercial intensive uses such as
restaurants to the east fronting on 44 1. To the west, there are single-family homes with
dav care centers directly to the north and south of this property. The use for this property
is iow intensive in nature. An office is a good fit for the neighborhood. The proposed
zoning is consistent with Policy 2.1 of the Future Land Use Element, which includes
professional offices as permitted uses with appropriate zoning. The proposed zoning is
consistent with surrounding land uses.
I Analysis
1. The proposed use and zoning are not contrary to Comprehensive Plan requirements.
Light Commercial Zoning would be a consistent zoning allowable under the
Commercial Future Land Use category.
2
The proposed use being appliedfor is specifically authog'zed under the zoning district
in the Land Development Regulations.
Office use is allowed and authorized under the Light Commercial Zoning District.
3
.3. The proposed use and zoning will not have an adverse effect on the public interest.
The public interest will not be negatively affected by this zoning.
4. The use is appropriate for the location proposed, is reasonably compatible with
adjacent land uses, and is not contrary or detrimental to urbanizing land use
patterns.
Surrounding uses show compatibility with uses allowed under this zoning district.
5. The proposed use will not adversely affect property values or living conditions, or be
a deterrent to the improvement or development of adjacent property.
The proposed use and zoning if approved will not be a deterrent to the improvement
or development of adjacent properties.
6. The proposed use can be suitably bufferedftom surrounding uses, so as to reduce the
impact of any nuisance or hazard to the neighborhood
If necessary, site plan requirements can help to reduce any impacts upon the
neighborhood.
(PAGE I
Staff Report
Rezoning Request
Applicant: Berger & Lefebrve
Petition No. 03-008-R
The proposed use will not create traffic congestion, flooding or drainage problems,
or otherwise afftctpublic safeq,.
Concurrency impacts will be minimal for this ty e of zoning.
. p
Summary and Conclusions Prior to Certification
Based on the above analysis Light Commercial Zoning seems appropriate in this
transitional neighborhood.
I Recommendation
Staff recommends approval of the request to allow rezoning from Residential Single Family One
to Light Commercial permitting the applicant to have an office at this location.
Submitted by:
James G. LaRue, AICP
Planning Consultant
November 7, 2003
[PAGE )
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EXHIBIT 3
DECEMBER 2 AGENDA
ORDINANCE NO. 849
A14-ORDINANCE OF THECITYOF OKEECHOBEE, FLORIDAAMENDING
THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A
CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN,
FROM HEAVY COMMERCIAL (CHV) AND INDUSTRIAL (IND) ZONING
D13TRICTS TO RESIDENTIAL MULTIPLE FAMILY (RMF) 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. 03-009-R) pursuant to the Land
Development Regulations of the City of Okeechobee for the purpose of rezoning
a certain tract of land consisting of 0.399 acre(s) from Heavy Commercial (CHV)
and Industrial Zoning Districts to Residential multiple Family(RMF) 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:
NOWTHEREFORE, 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 designee, as Chief Presiding
Officer for the City:
SECTION 1. LEGAL DESCRIPTION
Lots 6, 7, and 8 Block 201, City of Okeechobee, according to
the plat thereof as recorded in Pat Book 5, Page 5, Public
Records of Okeechobee County, Florida.
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 Heavy Commercial (CHV) and Industrial (IND)
Zoning Districts to Residential Multiple Family (RMF) Zoning
District.
SE&TION 3. CONFLICT
All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Page I of 2
S9CTION 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.
SES;TION 5. EFFECTIVE DATE
This Ordinance shall take effect immediately upon its passage.
INTRODUCED for first reading and set for final public hearing on this 2nd of
DMmber, 2003.
James E. Kirk, Mayor
ATTEST:
Lane Garniotea, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this&lh day of
jagua!y, 2004.
ATTEST:
Lane Ganviotea, City Clerk
REVIEWIID FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
James E. Kirk, Mayor
Page 2 of 2
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City'of Okeechobee
General Services Department
55 S.E. 3' Avenue, Room 101
eec ob e, Florida 34974-2903
Phone: (863) 763-3372, ext. 217
Fax: (863) 763-1686
Daw.
P et i t ion No.
Tee Paid: Ia� �C)3.
I I I .1 .
Junsdiction:
Ist Hearing-8-k
Ind Hearing:
Publication Datesr 11 a
P& lZia An"
F;;;, Mailed:
Uniform Land Use Application
111"nnp * qnpeinl Vvepnfinn 9 Vsrinnrp
V
Name of property owner(s): Jimmy L. and Sheryle S. Byrd
A'x
Owner mailing address: Post-Office,Box 3171
P...-.
Name of applicant(s) if other than owner (state relationship): Same
L
Applicant mailing address: Not applicable
C. �
,k'*.-
Name of contact person (state relationship): V i kk i - Aaron — agen t.-
N
El
Contact person daytime phone(s): 8 6 3 — 4 6 7 — 4 7 6 8 Fax: 863-467-4618-
Property address /directions to property: 800 Block S.W. Second, Street
Indicate current use of property: Vacant commercial
Describe improvements on property, including number/type of dwellings and whethei'm6upied (if nbn6,io state):
The subject property is currently Vacant
AppKoximate number of acres: Is property in a platted subdivision? Yes
P
Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe:. N o
R
0
P
Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date,
nature and applicant's name: No
E
R
Is a sale subject to this application being granted? No
T
Y'.
—
Is the subject �arcel your total holdiny at that location? If not, describe the remaining or intended uses: No a nd
The TqestA.of.Lot 2, A 1 of Lots 3,4,and 5 are zoned commercial
wi 1 1__rpmain i n nnmmPr?-J al i
Describe adjoining land uses improvements to the North: Commerc i a 1
South: Residential East: Commercial West:Multi Family
Existingzoning: Commercial Future Land Use classification: C o mm e r c i a 1 & I n d
Actions Requested: (_X.X) Rezone L_) Special Exception Variance
Parcel Identification Number: R3-15-37-35-0010-02010-0060
Confirniation of Infor mation 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 ri en . of up to 30 days and may result in the summary denial of this application.
CO, �A October 27, 20M
__9 JiMMy K Shprylp Pyrd
Sigiiai�re Printed Name Date
Uniform Land Use Application (rev. 1/03) age 1 of 2
Ar� 71r.==t!4;;=Z2L=
Commer-r-ial Requested zoning classification: Mul.:t.itfFatwid,�, 41
0
R What is your desired permitted use under the proposed classifi.cati..n: To con,s.tru.(7t.:mu,l,-'1
family dwelling units
'r U
M
i f :Faw
ultj
Z
0
If granted, will the new zone be contiguous with a like zone? Y e s
E
is a Special Exception necessary for your intended use? No -Varia:nce?
Describe the Special Exception sought:
S
P
E
C Provide specific LDR ordinance citation:
A
L
Are there other similar uses in the area? is so, describe:
E
X;' -------
C .
rovide specif
DR
r, I - tar
[Are the C 0 EhercsLu
t ". U
E Why would granting your request be in the best interest of the area and residents?
T
If business, briefly describe nature including number of employees, hours, noise generation and activities to be
0
N conducted outside of a building:
Describe Variance sought:
V
A
tel
I chara:
c
i4l :
a
R Describe physisal characteristic of property that makes variance necessary:
A
N ristic? is so, describe:
C se or contribute to the characte
Did yo
E ru cau
What is the minimum variance necessary?
Uniform Land Use Application (rev. 1103) Nie 2'of 2
In"Paled ill hod M111 1.
J, 1 q
F 0 11 961
()it _h.hor. I'ld. IJQ71
P.,rel 11) 1- M l7. G, 0.' 1, 10. on In
419
'101,111 1,
zil"�.Vll �10" "7" IN fiffolat of
clas C =11AMIlbo Tn. 'Mid m M, "rintas"t
"I'll — 7( FlIz
Shiours AM*rhw 171.0
n km t olm
I -Le D.0
ao d
QQL1LL&LLLaEF,p
TIIIS QUIT CLAIM ')IF') day llf At-,.]. N)02. b, NV.jkjjNOL.j. OF
first piety. 1031SISIV I., BYRD'SR. hall S11KRI'l.s. I,- Mill SW P.1,
�Inttl. 1 1—id, 14974. ecld pan,
(WhIre-1 lovd itnen. th, Ir "firu piaty' aod'-1-1 P-M)" diall 1-clod, and ht,.m lieg.1
-hol—ordirmimetcr
in tint[, or requin,' I
'11ITNESSETH:
Tim, Ilicuid firm pari�. Air slid (little "ll" "I'S'n Mill lln" I Mill h) file said Recilind pan).
the nrceirsi whercor is licrch). Rcko" lcdi;cIl. dnt% llcrch% rclniAc� releascand 111111 cTain, linirl 111csAid sucond port)
fm%vf. All t1m rtghl. title. micreu. vinim ddmu,,d which Ibc first Pon) Ila, in And 1. the loll."inic dc'r-ilved
lei. Piece or pArcel t,f lood. %liontc, I * vilig and hicinit ill th, ('o,oll Ill, OKF.F.CIjOjj I:F.. ,( Florida. in it
The West --hair rt 1 0 re,o) or l,ot I And all of I,ol %. Mock 201, CII'V Or
OXrEC11ORIFF. are.rdlivot Il, he plat 1h,roof ,vord"I I. Phil Ilroli, 1. I'mig. ill. 11.1,11C
Rect,rd., of Oke,cliothr, Coo"t,. Vlorijm.
TO IIAVF. AND TO 1101,I) title �mmc 14.gelhor " ith All And 0ogulat lilt apptniennoccx 11jerejollo helonging
or in any wise mrrcm, slid all VIC ctinic. 69111. title, interest, her. equily And elmon Ilals,wvct of1he said first
pamy. cillort in Is,, equit" In the llY prorer lite. Jflictill hod h9l'All'of1he Amid "cond piny forever.
IN WITIVF"' "'Ilr.ItF.OF ll,c I,_ 1 11-1% 1111111rd And �rfllcd lhc�c prc%cots lilt dn% slid %.cnr folct
above WTillen
Maned. scrikdnojj-�,4i, "C'I Il't, "C-c 111 (IKI I�CIIOIIFEIII I'l I LK. IN('
BY
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W,
is Si
Wil"eu Print vanic
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5 .368 PACE
UK - 657
hmdlD "moban 3-15-37-35-0010-02010-0040
amomm ot Tim 263-69-2112 Dowmentoz�V6mps Pda In Un Imam st
aimame mmm 261-94-9556
Oc- 7h;ph-�
Warranty Deed
This Indenture. Madddk6 Ilthdayof
BARAN HAMRICK, a single woman, July, 10 95 A.D., Bemeen
of 6@ eftoy at Okeechobee smma( Florida grant . or, amr
JIMKY L. BYRD, SR. and SBERYI-i S. BYRD, his wife,
bamoo*w k1103 N.W. 7th Court, Okeechobee, Florida 34972
at &Im Cm" of Okeechobee stesear Florida , gmntee&
VAtROSSeth - - - - - - - - - - - - - -
- - - - - - - - - TEN & N01100($10.00) - - - - — — — — — — DOL&AAS,
lost anher salad MW -I"bb 00*161"MCIM to 0 RANMR in h&,A ,sd by OXA.,ITM. M seelp, W hstebyfthaswrw . has
Vea"4 bwPow a" sm to the mm ORANIrms e.d GRANTMW h0l" 4"d MiP$ 10""r. the follosli,j dow0boid kild, ofisel%
44"OldbekslotheCtstaryor Okeechobee Bomar Florida losdi:
Lots 4 and 5 of Block 201, OKEECHOBEE, according to the plat
ther*of recorded in Plat Book 5, Page 5 of the public records
of Okeechobee county, Florida.
oubJoct to restrictions, reservations and easements of record,
if any, which are not reimposed hereby, and taxes subsequent to
r 3let, 1994.
FILED F OR HLCf;1-1
f— �
OKFIC1101' ' , r
273822 95 JUL 17 A',! 9- 11
SHARON ROBERTSON
CLERK OF CIRCU17 COURT
60 IM SMADW fta hereby %ity "rmal the tltk a mid Isad. sna wW deterA he eeme sp1m, trsful ct-Ists Q( &!, Ptsatte -%.Wao�r.
in Wltn"& Whereof, the 9MAtor hes htmumcc let her N" and test the ally sod y-, fl.. b— —ill—
S*"4 MIW d- Mwt , a 113 Ur pmw cc
,� I yl
ivA— PAZ CONELY SARAH HAMRICK
no* P 0. A6dreat hot Oftv Bw 937, Okeeck6te. FL 34M
TOM
Vi
STATE OF FLORIDA
R COUNTY OF OKEECHOBEE
E 7u ft"90ml kde"Ims"I -0 wk—wrd Wave — this 11 t h day of July, 1995 b)
T $ARAB RAmRrcK, a single woman,
U
R '"slo"o"WIFNIG01 tom —to hupleascld b,t Florida driver's
N 1%b Dom—
T ccomv a Commy, r.& -4 %L' rint:
MY OWNESUN 0 cc fQ140 rintod Name: KVA KAY CO y
0 W ?L W. we m8sr 071M jC 12, IVN ARYPUBUC
YC
FL3072. LM=r. c'-.1sti.. Notes:
% "'m
*# 41...06
114. 00
V00@110"wabw 3-15-37-35-0010-02010-0060
Ommove ot Tft 263-69-2112
On"m #a To% 261-94-9 556
Warranty Deed
72" Indeswa. me& " I a t dy of
BAR" HAMRICK$ a single woman,
0"O""1111Y 31amps p&W 1,
the smouni'4
/Clerk of cl" C
7
dole
May, iq 9 7 Am.,
of the Cwmv of Okeechobee . ftmof Florida
JIX= L. BYRD, SR. and SHERYLE S. BYRD, his wife,
stme"a"Ic Pont OffirO Box 3171,0keschobee, Florida 34973
, grantor, ww
of - canew at Okeechobee . Sweat Florida , grantees.
"ItM4111111"k 1160 910 ORANMR. I" &W I- ="Wtk. & tho. m of — — — — — — — — — — — — — —
- - - - - - - - - TEN & N01100($10.00) - - - - - - - - - - DOUAVA
"d otte" So" No wet"b's SOMM08101" 10 ORANMR to kud Pate by GRAMM gM �jpt WMrsd Is bc" tte4hee
I barpl&W ged mw e, IM _W GRAMM wA ORANMW hW. .4 .4. IM r�,"
ks* eed b4bg IS Im comly of OKEECHOBEE . maser Florida e.,Ae I eft"14.
Those certain three unnumbered lots in Block 201, OKEECHOBEE,
according to the plat thereof recorded in Plat Book 5, page 5,
Public reecords of Okeechobee county, Florida, being staris part-
icularly described and bound*d an followes On the North side
by the 15 fOOt alleyway in said Block 201, On the West side by
Chokoloxk*e Street (n/k/a S.w. 9th Avenue), and on the Southerly
and Easterly aidst by Tuscaloosa Street (n/k/a S.w. 8th Aveenue).
k117 being commonly referred to as Lots 6, 7, and 8 in Block
20 OKEECHOBEE, according to the plat thereof recorded in Plat
Book 3, Page 5, public records of Okeechobee county, Florida.
Subject to restrictions, reservations and easements of record,
if any, which are not reimposed hereby, and taxes subsequent to
December 31st, 1996.
FILED FOR RECORD
295029 DKEEC'fOREE CO. Fl..
amd 'b* V"t" d0" b6" NNY -Wnal it. 111k M mW lad. ud MU def.ffid tM MM VIAU 97MAY-1 PH 3:49
in '"tosss Wbor*4 a& V"tOr hm h—mlo Ut h., ba6d 0.4 �1%
VW, r,,:*
=INVACONNLY (Sun
st
Wit ego SARAH HAMRICK
P.O. A"ftm P" Ofik% Sm Or, Okowhoba. PL 34M
TOM W
wit
STATE OF FLORIDA
P- COUNTY OF OxzzcHoqzE
hw@Pbg W-Wmt � mbw-%49*d b0an m thi. let dy of
T SARAH HAMRICK, a single woman, Kay, 1997 by
U
R "ba b pwea"ft bmmft bi aw
N 7W EVA WA OCI&Y—
L
in amm� I cc Dow
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Jimmy L. and Sheryle S. Byrd — Property Owners and Applicants
Owner's Statement of Consent to Application
We, Jimmy L. and Sheryle S. Byrd, being the record title
owners of the West !/2of Lot 2, and Lots 3 through 8, Block
201, City of Okeechobee, according to the plat thereof as
recorded in Plat Book 5, Page 5, Public Records of
Okeechobee County, Florida, do hereby consent to make
application to the City of Okeechobee to request a change
in zoning from the existing classification of Heavy
Commercial (CHV) to Residential Multiple Family
(RMF).
/�� r
"nature of Owner
Jimmy L. Byrd
Name of Owner (Printed)
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Signature of Owner
Sheryle S. Byrd
Name of Owner
IN
Sworn to and subscribed before me this 27 1h day of October 2003 by Jim= L. and
Sheale S. B d who are personally known to me and who did not take an oath.
y
No� Pub �ic — ate of �Flori a
�*V'V+ ARAYNN AARON
Vikki Lynn Aaron My COMMISSION* DD027331
EXPIRES: :June 26.200]
I-eo&3.N0TARY FL Notay Swim & Bordno. W-
Jimmy L. and Sheryle S. Byrd
Property Owners and Applicants
Statement of Applicants Interest in Property
Jimmy L. and Sheryle S. Byrd currently own the West V2 of
Lot 2, all of Lots 3 through 8, Block 201, 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 in the 800 Block of S.W.
Park Street and S.W. Second Street. The improvements
include a commercial building that faces S.W. Park Street
and is located on the W V2 of Lot 2 and Lot 3, Block 201,
City of Okeechobee.
Lots 6, 7, and 8, Block 201, City of Okeechobee are
currently vacant and are the subject of this petition.
Mr. and Nfts. Byrd are interested in constructing multi
family dwelling units on the subject property (Lots 6-8). In
accordance with the City Unified Land Development Code
a change in zoning will be required to accommodate the
proposed use. The requested change in zoning is consistent
with the Unified Development Code and the future land use
designation.
N
Jimmy L. and Sheryle S. Byrd — Property Owners and Applicants
Legal Description Pertaining to Requested Land Use Action
Lots 6, 7 and 8, Block 201, City of Okeechobee, according
to the plat thereof as recorded in Plat Book 5, Page 5,
Public Records of Okeechobee County, Florida.
IN
Jimmy L. and Sheryle S. Byrd
Property Owners and Applicants
Statement of Special Reasons and Basis for Request
The property is currently zoned Heavy Commercial (CHV)
and lies within the Commercial Corridor future land use
classification of the adopted Comprehensive Future Land
Use Map.
The property is currently vacant and is located between
commercial and residential uses. The applicants wish to
construct multi -family dwelling units on the subject
property. In accordance with the Unified Land
Development Code, a change in zoning will be required.
Jimmy L. and Sheryle S. Byrd 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 Heavy Commercial (CHV) to
Residential Multiple Family (RNIF).
IN
Jimmy L. and Sheryle S. Byrd
Property Owners and Applicants
Statement of Intended Use
The applicants wish to construct multi -family dwelling
units on the subject property. The proposed duplexes and
or triplexes will be consistent and compatible with the
multi family housing to the west of the subject property. In
accordance with the Unified Land Development Code, a
change in zoning will be required.
IN
Jimmy L. and Sheryle S. Byrd
Property Owners and Applicants
Statement Addressing Existing Use of Surrounding Properties
The property under consideration consists of three (3) city
lots with primary frontage on the Southwest Second Street.
The property is also bounded by S. W. 9 Ih Avenue to the
west. The property is angular in configuration and is
currently zoned Heavy Commercial (CHV).
The property's north boundary line abuts a 15' alley. Just
beyond the alley is the law office of John Cook Seminole
Electric and AutoWorks. To the east of the subject
property is vacant commercial property. Further east is
Morgan's Furniture Store. To the west is Okeechobee
Electric Motor Company and mufti -family residential
development. Directly south on S.W. Second Street is
residential development.
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.
Okeechobee County Planning and Development Department
499 N.W. 5th Avenue; Okeechobee, FL 34972
Phone: (863) 763-5548 - FAX: (863) 763-5276
Land Use Power of Attornev
Name of Property Owner(s): Jimmy L - and Sheryle S . Byrd
Mailing Address: Post Office Box 3171
Okeechobee, FL 34973-3171
Home Telephone: Work Telephone: 863-763-0060
Property Address: 800 Block SW 2nd Street
Property I.D. Number: R3-15-37-35-0010-02010-0060
Name of Applicant or Agent to whom POA is granted: Vikki Aaron agent
Home Telephone: 863-467-4768 Work Telephone: 863-634-1124
'Me Undersigned, being the record title owners of the real property described above, do hereby grant unto the
Applicant or Agent stated above the full right and power of attorney to make application to the County of
Okeechobee to change the land use of said property, This land use change may include rezoning of the property,
the granting of special exceptions or variances, appeals ofdecisions of the Planning and Development Department,
or petitions to vacate county right-of-way, 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, a proceeding to rezone the property to the original
classification, or a revocation of a right-of-way vacation. This power of attorney may be terminated only by a
written and notarized statement of such termination effective upon receipt by the Planning and Development
IN WITNESS WHEREOF THE UNDERSIGNED HAVE 8 S AND SEALS THIS
DAYOF o 20o3 �7� /1)
OWAW
Owner Witne s
Th f owledged before me this ZW--
le orepmg uistrumen was ackn day of 206-3 by the owner above who
P
er ly
is P, s known to e or wh has produced iWication and who did not take an oath.
C ission # DD 215855
'Or=
Expim jum 21, 2007
Bonded Thru SEAL
'*ary Puyif - §tate of Florida Adando Bmdin$ Co.. Im.
..'e" ""e"
BOUNDARY SuRVEY PREPARED FOR JIN.L & SHERYL BYRD
FOUND PIT
LS 5081'
LOT 1
I ' RON ROD, FOMD 1/2- RON ROD
i"'N—OLD.I'... CONCRE. BLOCK 198 (NO lo.).D.S' NORTH
T S 90*00'00" E 3WOO'(P) 300.3W(C)
PAU STREET
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(Pf
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ROO CAP 3372 DISK 'RLS 5178-
10- A.
D' 'RLS 11'
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g
LOT 5 LOT 4
LOT 3 LOT 2
LOT I
8
0 'otdio Sir 'A. SET 5/11- RON FOUND 5/11'
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Is 50l A_ ROD =S
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_S R snl A RLS ..
0 Ges If ROD (NO 1.0)
MR ow(p) Il 5100' -02' C
"Yoo Do
TER b N too MONER IV ALLEY (OPPIEN)
car N 90*00'011* Z 22151
0 IOUN..W. RON 4- 1 - — LANcNoR No (P) DISTANCE SET 5/8- RON *a,
_j P� MT S/11 .. CAP
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d!
TOTAL PARMCELCCgONTAINS
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o
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'TRIPS W 719" NORTH
'ROD CAI
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GRAPHIC SCALE
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IN FEET
I Inch = 50 ft.
DESCRIPTION: LOTS 6, 7, & 8. BLOCK 201,
OKEECHOBEE, AS RECORDED THEREOF IN PLAT BOOK 5, PROJECT SPECIFIC NOTES:
PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, 1) UNLESS SHOWN OTHERWISE, ALL
FLORIDA. DIMENSIONS ARE PLAT(P) AND MEASUREO(M).
ADDRESS: 812 S.W. PARK STREET 2) DATE OF LAST FIELD SURVEY- 03/13/03.
F.I.R.M. ZONE: ZONE UNDETERMINED, PARCEL LIES
WITHIN OKEECHOBEE CITY LIMITS. PROJECT SPECIFIC LEGEND:
PARCEL ID: 3-15-37-35-0010-02010-0060 WPP= WOOD POWER POLE
aiu nil a; No aeurcin of ine pluoic recoras Tor Determination oT ownership or restrictions affecting the lands shown woo performed by the surveyor'.
Th:caurvey depicted here Is prepared exclusively for those parties noted. No responsibility or liability Is assumed by the surveyor for use by others not
sp Ifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are no visible above ground
. . )". No attempt was made to locate underground Improvements and/or encroachments (if any) as part of this survey. This
survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G117-6, F.A.C.)
pursuant to Section 472.027, Florida Statutes.
'REPAIRED FOR THE EXCLUSIVE USE OF- I DESCRip-noN I DATE I BY I CK
JIM BYRD
SHER*T1_ BYRD
JAW
�,DENRIPTION REFERENCE: PROVIDED BY CLIENT DR CLIENTS REPRESENTATIVE I FB/PG: 85/1-5.23-25 SCALE: 11"-sa 50' 1
EARING REFERENCE: WEST R/W OF S.W. 9TH AVENUE, TAKEN TO BEAR N 00'00'.34* W I FILE: 171gl JOB NO: 17191-R
TRAJEWINDS PROFESSIONAL SERVICES, INC
SURVEYORS AND MAPPERS
113 NW Ilth Avenue
Okeechobee, FL 34972
Tel: (863) 763-2887
Kenneth A. Breaux, Jr. (PSM 4820)
No. LB .1
LEGEND
)-Set Iron Rod and Cap TWPS 6719 E-Found CM
D-Found Iron Rod (and Cop) *-Found No!] (and Disk)
ABBREVIATIONS
ill-Bod.line; 8M=8-Cho,; r,=Ciont-rin.; C=Cdculoted; CATV-C.bi. TV; CM -
Concrete monumeni: CONC-Cancrete; D=D,ed; A -Dolt, , Central Angle; E-Coaft;
E'LY=E,,t,,Iy, E/P-Edg, of PiSnennnt; ESMT-Eomment; F.I.R.M.-I'l-cl Intai,conc,
Rate M
A=, FIND ;Fck IP-lrai, PIpc IR&(C)-Irdn Rad (and 10 Cap); L-(A,C) Longth;
M_ ad; H-MoMole: N-Northl N'LY-N,rtherly, NGV(D)-Notimal Geodetic
Vertical (Datum) or 1929: NTS-Not to Scale: OHW-O,ehood Wide; It -Property
Line; P=Plal; PC=Polnt of Curw1ure; PCC=Point of Carnpwnd Curwture; PCP'
=I anart Control Point; POB-P,int of Beginning; POC-Point of Connineencenri
CPolnt of Rewee C,mtur,; PRIA-Parmarent Reference Mon,tiont; PT=P,Int
of Tongency: PU&D�Publl, Uillifly and Drainage: R-R,dlus; R/111-RIght-of-Way,
S=S,ut'; SLY-So,,th,aly, T-Iongent; TEL-Telophore SpIlc " S ". "t;
fLY=WI.rIy. IjI1L=UIIIjty(Ies)::�XSpot Elen,ation bo.*ed no"It.8.1timitt
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1375 Jac] i Street, Suite 206
Fort Myers, Florida 33901-2845
Phone: 239-334-3366 Fax: 239-334-6384
Email: larue-planningpatt.net
Staff Report
Rezoning Request
11�-qparedfor: 7he City of Okeechobee
Applicant: V1W Aaron
Owner.- Jimmy and Sherlye Byrd
From: Heavy Commercial (CHT) and
Industrial (AD) to Residential Mulftple
Family q?-IW)
Pefifion No. 03-009-R
Staff Report
Rezoning R*quest
Applicant: Jimmy & Sheryle Byrd
Petition No. 03-009-R
Owner:
Vikki Aaron
Owner Address:
2581 NW 63'0 Ter.
Okeechobee, FL 34972
Owner Phone Number
863-467-4768
Applicant:
Jimmy & Sheryle Byrd
Applicant Address:
P.O. Box 3170
1 Okeechobee, FL 34973-3171
Applicant Phone Number:
1 863-763-0060 1
Property Control Number
R3-15-3738-0010-02010-0060
Future Land Use
Designation
Multi -Family Residential
Multi -Family Residential
Zoning District
Heavy Commercial (CHV)
and Industrial (IND)
Residential Multiple
Fadilly (RMF)
Access
S.W. Second Street
S.W. Second Street —
Location:
800 Block, SW Second Street
Legal Description: Lots 6, 7, and 8 Block 201, City of Okeechobee, according
to the plat thereof as recorded in Pat Book 5, Page 5, Public
Records of Okeechobee County, Florida.
The applicants request that the zoning for the subject property be changed from
Heavy Commercial (CHV) and Industrial (IND) to Residential Multi -Family
Residential (RMF).
,,djacent Future Land Use Map Classifications and Zoning Districts:
North: Future Land Use Map Classification: Commercial & Industrial
Zoning District: Heavy Commercial (CHV &
Industrial (IND)
Existing Land Use: Commercial
East: Future Land Use Map Classification: Single -Family Residential
Zoning District: Industrial (IND)
Existing Land Use: Commercial
South: Future Land Use Map Classification: Single -Family Residential
Zoning District: Residential Single Family One
(RSFl) & Industrial JND)
Existing Land Use: Residential
(PAGE I
Staff Report
Rezoning Request
Applicant: Jimmy & Sheryle Byrd
Petition No. 03-009-R
West: Future Land Use Map Classification: Multi -Family Residential
Zoning District: Residential Multi -Family
Existing Land Use: Multi -Family
1. The proposed use and zoning are not contrary to Comprehensive Plan requirements.
Residential Multi -Family use and Residential Multi -Family Zoning is consistent with
the Comprehensive Plan Policies and the Future Land Use Map designation for this
property. I
2. The proposed use being appliedfor is specifically authorized under the zoning district
in the Land Development Regulations.
Multi -family development is authorized under the Residential Multi -Family Zoning
District.
3. The proposed use will not have an adverse effect on the public interest.
Apartments or other types of multi -family dwellings will not have an adverse effect
on the public interest.
4. The use and zoning are appropriate for the location proposed, is reasonably
compatible with adjacent land uses, and is not contrary or detrimental to urbanizing
land use patterns.
Multi -family use and zoning are appropriate for this location.
5. The proposed use and zoning will not adversely affect property values or living
conditions, or be a deterrent to the improvement or development of adjacent property.
The proposed use and zoning will not be a deterrent to the improvement or
development of adjacent properties.
6. The proposed use can be suitably bufferedftom surrounding uses, so as to reduce the
impact of any nuisance or hazard to the neighborhood
If necessary, site plan requirements can help to reduce any impacts upon the
neighborhood.
IPAGE )
Staff Report
Rezoning Request
Applicant: Jimmy & Sheryle Byrd
Petition No. 03-009-R
7. The proposed use will not create traffic congestion, flooding or drainage problems,
or otherwise affectpublic safety.
Concurrency impacts will be minimal for this type of zoning.
The surrounding area or neighborhood includes commercial uses and some residential
dwellings. The downtown area is within walking distance of this property. The
proposed zoning is compatible with this neighborhood.
"ecommendation
Staff recommends approval of the request to allow rezoning from Heavy Commercial
to Residential Multiple Family permitting the applicant to build multi -family
dwellings.
Submitted by:
James G. LaRue, AICP
Planning Consultant
November 17, 2003
(PAGE I
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ExHiBIT 4 -
DECEMBER2 AGENDA
RESOLUTION NO. 03-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
OKEECHOBEE, FLORIDA, AUTHORIZING THE LEASE -
FINANCING OF CERTAIN EQUIPMENT THROUGH
EXECUTION OF A MASTER LEASE -PURCHASE
AGREEMENT WITH KISLAK NATIONAL BANK,
SUCCESSOR IN INTEREST TO THE SKYLAKE STATE
BANK; PROVIDING FOR THE PAYMENT OF THE LEASE
PAYMENTS; MAKING CERTAIN OTHER COVENANTS AND
AGREEMENTS IN CONNECTION THEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, it is resolved before the City Council for the City of Okeechobee,
Flovida; 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:
Sgoon 1: Authority for this Resolution. This Resolution is adopted pursuant to
the Constitution and laws of the State of Florida, including particularly Chapter 166,
Part 11, Florida Statutes, and other applicable provisions of law (hereinafter
collectively referred to as the "Act").
Seetion 2: Findings. It is hereby ascertained, found, determined and declared
by the City of Okeechobee, Florida, (the "Lessee") that:
(a) It is necessary, desirable, and in the best interest of the Lessee and
its inhabitants that the Lessee acquire the equipment described in
Exhibit A hereto (the "Equipment') and pay for such acquisition
through a lease -purchase financing structure pursuant to a Master
Lease -Purchase Agreement (the "Lease -Purchase Agreemenr')
between the Lessee and Kislak National Bank, successor in interest
to The Skylake State Bank (the "BanW').
(b) The Lessee is authorized and empowered by the Act to enter into
transactions such as that contemplated by the Lease -Purchase
Agreement and to fully perform its obligations thereunder in order to
acquire the Equipment.
(c) The execution and delivery of the Lease -Purchase Agreement by the
Lessee will comply with all of the provisions of the Act.
(d) The Lessee has requested proposals from financial institutions and
has determined that the terms proposed by the Bank are in the best
interest of the Lessee consistentwith the requestfor proposals issued
for this purpose.
Sftion 3: Authorization of Eguioment. The lease -financing of the Equipment is
hereby authorized, pursuant to the provisions of a Lease -Purchase Agreement
which shall contain terms consistent with the proposal of the Bank attached hereto
as Exhibit B.
Sggion 4: Appr2val of Lease -Purchase- &g,reement. The Lessee hereby
authorizes and directs its Mayor or City Manager to execute and deliver, and the
City Clerk of the Lessee to attest under the seal of the Lessee, a Lease -Purchase
Agreement, all of the provisions of which, when executed and delivered by the
OR103185; 1 Page 1 of 3
Lessee as authorized herein and by the Bank, shall be deemed to be a part of this
Resolution as fully and to the same extent as if incorporated verbatim herein. The
Lease Purchase Agreement shall be in such form as approved by the Mayor or City
Manager, such approval to be conclusively presumed by the execution thereof. The
rent payments to be paid under the Lease -Purchase Agreement and the other terms
of the Lease -Purchase Agreement shall be consistent with the proposal of the Bank
attached hereto as Exhibit B.
aption 5: Designation as Qualified Small Issuer Obligation. The Lessee
(including all subordinate entities which issue tax-exempt debt on behalf of the
Lessee) does not reasonably anticipate issuing tax-exempt obligations in excess
of $10,000,000 during the current calendar year. The Lessee does hereby
designate the obligation to lease the Equipment pursuant to the Lease -Purchase
Agreement as a qualified tax-exempt obligation under Section 265(b)(3) of the
Internal Revenue Code of 1986.
Section 6: Pledge of Lease Proceeds. In order to provi ' de for acquisition of the
Equipment, the Lessor shall pay the proceeds of the Lease to Lessee. The Lessee
covenants and agrees to establish a separate fund in a bank or trust company in
the State of Florida, which is eligible under the laws of such State to receive funds
of the Lessee, to be known as the City of Okeechobee, Equipment Acquisition
Fund, which shall be used only for the payment of the cost of acquisition of the
Equipment. Moneys in the Equipment Acquisition Fund, until applied in payment
of the cost of Equipment as provided in the Lease, shall be held in trust by the
Lessee and shall be subject to a lien and charge in favor of the Lessor and shall not
be subject to any lien or pledge in favor of any person other than Lessor. Lessee
does hereby irrevocably pledge the Equipment Acquisition Fund to payment of its
obligations under the Lease in accordance with the terms thereof.
S@Oion 7: Further Action. The proper officers of the Lessee are hereby
authorized, empowered and directed to take all such further action and to execute
such additional documents as they deem advisable to carry out the purposes of this
Resolution.
S@0ion 8: Severability of Invalid Provisions. If any one or more of the covenants,
agreements or provisions contained in this Resolution or the Lease -Purchase
Agreement, or any other document or agreement hereby authorized shall be held
contrary to any express provision of law, or against public policy, or shall for any
reason whatsoever be held invalid, then such covenants, agreements or provisions
shall be null and void and shall be deemed separable from the remaining
covenants, agreements or provisions and shall in no way affect the validity of any
of the other provisions hereof or of the Lease -Purchase Agreement, or any other
document or agreement hereby authorized.
Sggion 9: Succession of Officer of Lessee; Performance of Duties. In the event
that the office of any officer of the Lessee mentioned in this Resolution shall be
abolished or any two or more of such offices shall be merged or consolidated, or in
the event of a vacancy in any such office by reason of death, resignation, removal
from office or otherwise, or in the event any such officer shall become incapable of
performing the duties of his/her office by reason of sickness, absence from the
Lessee or otherwise, all powers conferred and all obligations and duties imposed
upon such officer shall be performed by the officer succeeding to the principal
functions thereof or by the officer upon whom such powers, obligations and duties
shall be imposed by law.
OR103185;1
Page 2 of 3
1-1 ",IN
Sgoion 10: Benefit of Resolution Limited. Except as herein otherwise expressly
provided, nothing in this Resolution, express or implied, is intended or shall be
construed to confer upon any person, firm or corporation other than the Lessee and
the Bank (or its assigns) any right, remody or claim, legal or equitable, under or by
reason of this Resolution or any provision thereof, this Resolution and all its
provisions being intended to be and being for the sole and exclusive benefit of the
Lessee and the Bank (or its assigns).
SWion 11: Successors and Assigns. All the covenants, promises and
agreements in this Resolution contained by or on behalf of the Lessee shall bind
and inure to the benefit of its successors and assigns, whether so expressed or not.
S@gion 12: Repealing Clause. All resolutions, or parts thereof, or other official
acdons of the Lessee in conflict with the provisions herein contained are, to the
extent of such conflict, hereby superseded and repealed.
Sggion 13: Effective Date. This Resolution shall take effect immediately upon
adoption.
INTRODUCED AND ADOPTED this 2ND day of December. 2003.
ATTEST:
Lane Garsiotea, City Clerk
REVIEWIND FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
OR103185; I
Page 3 of 3
James E. Kirk, Mayor
-------------
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EXHIBIT 5 —
DECEMBER2 AGENDA
CONTRACT ANIENDMENT
THE UNDERSIGNED, as parties to that certain contract bearing the date of 6 June, 2000,
being; NANCY PIULLIPS & ASSOCIATES, L.C. as "Consultant", and the City of Okeechobee,
Florida, "City", enter into this second amended contract for services to be performed by consultant
for the city-, and it is agreed as follows:
1. Prior Agreements:The parties executed their original agreement for services by the
consultant for the City on June 6, 2000, which was amended/assigned on October 3, 2000; both of
which are incorporated hereinto by reference as iffiffly set out herein, and which terms remain binding
on the parties to the extent not otherwise amended hereby.
2. Consideration:The parties acknowledge and agree that due to certain changed
circumstances, parties, and events since the entry of the original agreements, that additional
understanding and scope of work to be performed by the consultant must be set forth, and which
changes and additional work form sufficient consideration for entry into this amendment.
3. Scope of work:It is agreed that the consultant shall continue to represent the City in its
endeavors to secure and obtain state and/or federal grant monies with which to construct an industrial
park on city -owned industrial lands; said industrial park to be located in North East Okeechobee, and
which grants currently include U.S. Department of Commerce, Economic Development
Admiiiistration (EDA) Public Works and Development Facilities Program(s), as well as Economic
Development Transportation Fund (EDTF); & State of Florida appropriation grant and a Rural
Infrastructure Funding grant. The original contracts and agreements ofthe parties contemplated that
the work would be performed in phases, with payment schedules set out for each phase of
performance of the work by consultant.
4. Additional scope of work:Due to said changes, additions or deletions in the proposes
project(s), it is necessary for the consultant to continue the administration of the aforesaid grant
funding applications, which may include, but is not limited to, amendments to the grant applications;
re -submission of certain factual material to the various funding agencies; further consulting and
meetings as required with the personnel involved in the applications; amendments to project plans
and/or industrial park configurations; attracting new or additional owners/tenants to the industrial
park project; and generally a continuing consulting/grant administration process and to perform
whatever task deemed necessary by consultant to fully complete, submit and administer the pending
grant applications to their respective conclusion.
5. Additional compensation:lt is agreed by the parties that the professional fees payable to
consultant for performance of each ofthe phases contemplated in prior agreements is superceded by
this amendnwnt, and rescinded . For the revised considerations and agreements herein, the parties
agree that the consultant shall perform all duties as set forth in all prior agreements incorporated
herein, as well as the additional services set out herein, for a lump sum professional fee of $3 1,000.00,
payable in the following manner: Commencing on the first of the month immediately following final
execution of this agreement by all parties, Consultant shall invoice the City periodically, no sooner
than a on monthly basis, for pro rata payment of professional services performed to the date of said
6. Incorporation ofagreernents: It is agreed that the prior agreements and amendments thereto
entered into by the parties for the named grant applications, particularly agreements dated June 6,
2000 and October 3, 2000, which terms are incorporated herein by reference as if fully set out herein,
contain the balance of the agreement of the parties, and all such terms and conditions to the extent
not otherwise modified herein remain in full force and effect and binding on the parties.
--k�
IN WITNESS WHEREOF, the parties have agreed to this Amendment.
CITY COUNCIL
CITY OF OKEECHOBEE
James E. Kirk, Mayor
NANCY PHILLIPS & ASSOCIATES,� L.C.
Nancy S. Phillips, President/CEO
ATTESTED BY: ATTESTED BY:
4r
ExHIBIT 6 —
DECEMBER 2 AGENDA
SW 3' Avenue
SW 16" Street
SW 11 " Street
SW 7' Avenue
NW 10 Street
NW 5 Ih Avenue
NW WhAvenue
SW 5" Avenue
SW 5' Drive
SE 8 Ih Drive
SE 3rd Street
SE 8" Drive
SE I 01h Avenue
NW 2nd Street
NW 3rd Street
SW 12'h Avenue
SW 12 Ih Avenue
Streets 2004
W1 Street - 15 Ih Street
2273 Feet
441- 3' Avenue
785 Feet
2 d Avenue - 3' Avenue
350 Feet
5 Park - State Road 70
163 Feet
8 th Avenue - 9' Avenue
346 Feet
6' Street - 7�hStreet
304 Feet
OStreet - 12t' Street
1360 Feet
15 Ih Street - 5' Drive 2074 Feet
5 Ih Dsive - 2 1 st Street
i� " � kl-
9th Street - I 01h Street
8" Drive - 6t' Stre
3'dCourt - 4t' Strc
SR 70 - 7 th Street
441-3 d Avenue
441 -3 d Avenue
SR 70 - 2nd Street
2 nd Street - 3rd Street
1982.6 Feet
700 Feet
700 Feet
* NEW ROAD
Guardrail 8000 Feet
NOTE: SW 12 Ih Avenue. Suggest that a t 10' to 12' travel lane be installed, one way running
south to north.
EXHIBIT 7 -
DECEMBER2 AGENDA
CITY OF OKEECHOBEE
(863) 763-3372
AGENDA ITEM REQUEST FORM
Please mail or bring completed form to:
City of Okeechobee
City Administrator's Office
55 SE 3' Avenue
Okeechobee, Florida 34974
NAME:Lk-e-meo A-ppi,nee, -,Tn c
ADDRESS: 150-S N1, C. 7�
0 V-,e A I V:�- I - 340(-74
TELEPHONE�'963
) -76-3-0--&qLA
FAX:
MEETING: REGULAR 9K SPECIAL &""'WORKSHOP C3
PLEASE STATFJHE ITEM YOU WISH TO HAVE PLACED
P ASE STATE WIkAT DEPARTMENT(S) YOU VE
LraC)e. n=
PLEASE STATE I�EPIRED ACTIQN BY THE CITY COUNCIL:
See- Ck+-V�C-V)'eCi
FAX (863) 763-1686
DATE: /gR 1A /6,3
COUNCIL AGENDA:
THUSFAR:
PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND
ATTACH APPLICABLE DOCUMENTS:
IF PRESENTATION IS TO BE MADE, PLEASE STATE HOW MUCH TIME YOU ARE REQUESTING:
?2.0 -y"VI % n w+e-&'
SIGNED BY: DATE:
I -IN
Nov. 24,2003
Like New Appliances, Inc.
505 NIKE. Park St.
Okeechobee, Fl. 34974
'�\/Ir, James Kirk, Mayor of Okeechobee and City Council livlembers;
Reference: Fence Codes
First I would like to thank you for allowing us to get on the agenda, and discuss the
matter of the City's fence code.
Like New Appliance, Inc. has never had a problem with any adjoining, property
owner. Since Liki� New Appliance established the business here in 1985, 1 must say we
have been a victim of your fence code. We requested again of the City (Building Dept.)
I 1/2LO3 the fence code in its entirety and also in 1999. It has not changed, and there
does not seem to be any uniform standard to accommodate various situations, such as
Light Commercial, Commercial, Heavy Commercial, Professid�al and Retail, also
industrial in the same categories, agriculture and residential. I feel the present day code,
and as it was, in 1999, leaves a lot of latitude for misinterpretation and what can be done
under the present code as it stands, also leaving the door open for liability on the City's
part. The situation at hand involves Like New Appliances located at 505 N.E. Park Street
Okee chobee. On Mondav 1117/03 Adrian Fence Co. was measuring the property and the
existing fence at 501 N.E. Park Street. Estimator said they were going to move existing
fence to the property lines and down the sidewalk edge on front of property. We have
known since this past April, it was just a matter of time before a fence would be installed.
Again, we tried to address this issue back in April, with Chief Tomey, the fire chief, head
code enforcement officer, same person also in 1999 about fence at 404 S. Parrott Ave.
location. As to the fence at 505 and 501 N.E. Park Street, the code allows it nothing can
be done, as to the 404 S. Parrott Ave. fence, was told by Chief Tomey and City Manager,
in April 03. Again, that in 1999 that the BMJ fence compounds was dictated by the state,
and they provided me with that code, same response we got in 1999. Yes, the state has
the code for towing company compounds, but the City fence code should have had a
setback rule to accommodate the circumstance on the main business corridor. The code
should take into consideration surrounding circumstances to include pre-existing
businosses, so not to interfere with the accessibility and function of a pre-existing
business, and be harmonious with all that surround it. Here at the 505 N.E. Park Street
location, Hwy. 70 his the most intense traffic flow in the City and Count�, combined
together, also agrain a State Hwy. and main business corridor. In surveying and looking
through the City's main business areas and State HVVV. areas, there must have been a
suitable fence code at one time. The only fences I see in the entire city on a state hwy.
without a setback, are the ones on N. Parrott, where Wooly sheds used to be, that fence
has been there forever, and the fence at BMJ Towing installed in 1999, other than those 2
there are none. Across from Like New Appliances at the Shell station, there was a little
tree, several feet off the sidewalk. I was told code enforcement told them to remove it.
Can you imagine the magnitude of what a fence or any kind of obstructions could cause
without proper setbacks, in this area with the intense traffic flow and traffic trying to get
in and out of all these businesses. The accident ratio is bad enough as it stands, but allow
a fence on the sidewalks edge and you have a real hazard. that will for sure cause
accidents, injuries and possible death, this is our first and primary concern, the public and
our custom,�;rs a-ving to get through the gauntlet. We feel if the City allows this fence, it
ID
becornes the City's responsibility, if there is an accidentand someone gets injured or
killed because of this fence. If its allowed. On your 35 ft. triangle -vision that is in the
code. I do not think that any one can say, that looking through 2 courses of chainfink
fence and comer pole, diagonally does not distort or obscure your vision, then stick the
nose of vour vehicle be-vond that point to try to get into traffic, if you have not lost the
front of your vehicle at this point, you get to see next to the fence, road sigm and light
poles, again obscuring and distorting your vision. Only if it is just for a second that's all it
takes for a disaster to happen.
Thank you;
Sincerely.,
(Note) The Newspaper said. we were concerned about having to put in a new entrance,
they seemQd to have missed the whole point, (Saf�ty) the entrance is secondary. We will
deal with that when the time comes.
While trying to figure out how to write this letter, on 111121/03 at 10:00 am there was a
wreck on.N`.E. 6�h Ave. and Hwy. 70, later the same day at 3:00pm yet another wreck by
N-1. E. �;(h � -kve. 2rd 70 near.\,,Ic Donalds.
Shortly aficr the Okeechobee news came out, we had a phone call from Jack Spira of
Melbourne, Ft. He said, He and his people are about to install a construction type fence,
at 501 IN.E. Park St., and wanted to make sure the area waselear. If there wdrc such a
fence in the code. I would sav it also would have some restrictions of setbacks in the cit-v
plus being put next to a State Hvvy. also, time frames of start and finish of said
construction.
Copies will be fumished to:
TheMavor
City Council Members
Also each Department Head involved
A-%,
(Note ' )
Again safety is our first prinlary concern. Like New Appliance is ill tile
middle oftwo other business properties, oil a 50-ft lot, access as it stands is
bad enough. There must be a setback rule. Code tior building Is 20 11. from
sidewalk on highway. Fences should be the sawne as to commercial loca(l()tl
011 State highway-, also we have a middle turn lane. sanic lane for East and
West traffic. There is almost daily head on collisions ill this tUm lane,
because of two-way traffic in this lane.
8M 904M. WMh Md fbaesc-
(a) Wall@ and fences may be located in front,
side and rear yard setback areas, and shall not
exceed a height of rive feet in front of the front
building line, nor a height of two feet, six inches
in a visibility triangle, nor a height of eight feet
elsewhere.
(b) Walls and fences shall be constructed with
the Irmished side facing the adjacent property.
(c) Barbed wire and similar fences shall be --
prohibited on residential lots.
(LDR 19M, § 658)
Florida Department of Transportation
JEB BUSH
GOVERNOR
November 25, 2003
Jerry Campbell
505 N.E. Park Street
Okeechobee, FL 34974
Clear Sight Zones
Request for Information
Dear Mr. Campbell,
JOSE ABREU
SECRETARY
This letter is written in reference to our telephone conversation, regarding the above subject
location, on November 23, 2003. Below please find our comments on this subject.
I have attached a copy of our requirements for sight distance at intersections from The
Department's Roadway and Traffic Design Standards. As indicated in this index, the minimum
distance required at the subject location would appear to be 550' without any sight restrictions.
It appears that both the proposed fence, as well as the existing Like New Appliance sign, conflict
with this guideline. To bring this site in compliance with the department's standards, we
recommend no sight restrictions exist in this sight corridor.
JWB/ib
jerriumpbeits
copim. City of Okeechobee
Sincerely
Sebring Maintenance Manager
District One, Sebring Maintenance Office
4722 Kenilworth Boulevard* Sebring, FL 33870
(863) 386-6104 * (863) 386-6108 (Fax) * MS 1-97
littp://www.dot.state.fl.us
www.dot.state.ftus RECYCLED PAPER
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EXHIBIT 8 -
DECEMBER 2 AGENDA
CITY OF OKEECHOBEE GENERAL SERVICES DEPARTMENT
55 SE 3RD AVENUE, OKEECHOBEE, FLORIDA 34974
Phone (863) 763-3372 Fax (941) 763-1686
Application for a Temporary Use/Sign Permit
1 . Name of Applicant: W6RTY 5TEVENS
2. Mailing Address of Applicant: 90'30 1.4,5, 60 E--. J t'408aEAD, Ky Y0351
0"/-) - 6?.Q &&
3. Phone of Applicant: ta oto - -79!�-,'?-2-77 60(o-799 -- 19 10
4. Name of Agent/Contract: SA ME
Mailing Address of Agent/Contact: Id ME
6. Phone of Agent/Contact: sA mg
7. Name of Property Owner: MAR'I:y STFIZENS & DON McBKAY91?
8. Phone of Property Owner:-S&M' A&ID
9. Parcel Number(s): 92- ACRES AT BLUE HER01Y 60LE It C OUN TK)L-�/3
10. Address of Parcel (also describe location and provide directions to parcel):N�LS 5Z 17-6 AUEt
BLtig 14EROV (;Q1-j= CLUB 5 OFF -70 AT 5E, 'R Z#,4Vtr:- OR,
S � 2:7, 10 TH A VE T
dEd -rU RN I N TO 15 1-H A VE
11. Current Zoning: r!,DLF r-QQR5E + COWITRY CL-U8
12. Describe all intended uses: A 5L.0E6XASq i::7C-s-riVdz- /i -r T#E GOL E
C—Ouk-:�ig FE5 , I )— 1113 / o 4 ///1 . IL90�
Check type of application, complete appropriate sections, and sign at the bottom of this application.
Statement of Temporary Use: wE k)ART
7-0 MIVE A BLLIG�-5�-; C::Q; Z:/ VAL, A7-
-OLUE NE-EQN, I E dQL
THE&Fj TliQV 4T ROPE-0- 69yaNL)S
Starting Date:
a. TH 90
q Ending Date:
1 - I 1 2- ;LOL?q
w
Supplemental supporting information:.
QQ
CA
RGVENVE TO -rWE
crrY As WELL- As CIL/INC RESiDENTS
Aub ToL)RlsTS
A 6KE61 50OR6�� OF FlIM14 0-8TUX74ml-
0
C6
ME7N7-. PARKIN6 AAjV
FFC:�,TJVAL WOULI) ALL SE ON BLO�5 jji5A�W
(Attach Site Plan, if applicable)
See Resolution No. 98-10:7 and 8 "SITE PLAY' for required additional information.
Type of sign(s):
Number of sign(s):
Total square feet of sign face area:
Designed by: 13 Architect 0 Engineer 0 Sign Manufacturer
Designer's Name:
Mailing Address:
Telephone Numbers: Business: Mobile/Cell Pager:
p6,
Z
Include Sign Plan Drawing (See Resolution No. 98- 10:11 "SIGN PLAN' for required size, scale and information)
U
Supplemental supporting information:
Construction/Erection Contractor's Name:
Mailing Address:
Telephone Numbers: Business: Mobile/Cell Pager:
11 CONFIRMATION OF INFORMATION ACCURACY 11
I hereby certify that the information on this application is correct. The information included in this application is for use by the City
of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to five hundred dollars
($500.00) and imprisonment of up to thirty (30) days and may result in the summary denial of this application.
Date
Rev: 11/98
-14k,
City Staff (Please review the application, attach comments or special conditions then sign & date application):
IVY:
General Services Department Appro
Date:
6
V-4 c,4 toi
Engineering Department Approval:
Date:
Fire Department Approval:
Date:
5te-
Code Enforcement Department Approval:
"671-
ZW'4,d
Date:
Building Inspector Approval: NIA
Date:
Public Works Department Approval:
Date:
5ee- a"Iao-hp-CA
Police Department Approval:
Date:
City Attorney pproval (if applicable):
Date:
t'
D I*D V1 -L21
L),SQ
)I )ZSk3
Lcupational License Department Approval:
065 dwis
r
I
P-V-A
Date'.
,-IN
M 40
City of Okeechobee
1915
Bill L. Veach
Office of the City Administrator
MEMORA"UM
To: City Council Members
From: Bill L. Veach, City Administrator 41
Date: November 26,2003
RE: Temporary Use Permit for Blue Grass Festival at Blue Heron
I agree with the Department Heads that we would certainly need more information before
permitting an event of this type in a residential neighborhood, particularly Blue Heron, a
neighborhood that has limited ingress and egress. There would seem to be significant
issues related to the provision of public safety, traffic congestion, noise, etc. It has been
indicated to me that attendance for the event could number in the thousands.
I note on Mr. Stevens' application that he lists an alternative site, the Rodeo Grounds.
On the surface, this would seem a more appropriate location. As the City Administrator
and Director of General Services, based on the above statements and the objections I've
received from residents, I feel it would be inappropriate for me to approve the request to
hold this event in the Blue Heron subdivision.
55 S.E. Third Avenue - Okeechobee, Florida 34974-2932 - (863) 763-3372 - Fax: (863) 763-1686
"0'0000.- .
0 OIL
City of Okeechobee
%Wo
"'Of
Fire Department
Date: 25NovO3
Subject: Blue Heron Festival
From: Battalion Chief Smith
The Fire Department requests more information on the festival in regards to life safety during the event as
well as access for emergency vehicles and workers to the surrounding residential area particularly Blue
Heron.
Sincerely,
Herby Smith
Battalion Chief
OFD
55 S.E. Third. Avenue * Okeechobee, Florida 34974-ZM * (941) 763403 * F= (941) 763-7804
I—N
OF � Ot'
City of Okeechobee
November 25, 2003
To: Bill Veach, City Administrator
Mayor
City Council Members
Subject: Blue Heron Bluegrass Festival
I feel that more information is necessary for me to make a decision in reference to the Bluegrass
Festival. I am particularly concerned with parking issues, traffic impacts, as well as damage done
to the City right-of-way.
Donnie Robertson
Public Works Director
55 S.E. Third Avenue - Okeechobee, Florida 34974-2903 - (863) 763-3372 * Fax: (863) 763-1686
il ate " oT
a 0
festival is
wt ce-rtain
WP4QW&
Okeechobet Hms
Last month ftappew-W that
a large bluegrass festfvg was
schedudled to be held to Okee-
chobee in February. Now R
seems uncm-tain as lo vdiether
promo*rs Don WkVa and
M" Sttvcns wM be able to
put on the Indian Mound Bkw-
grass Ftstftw.
The sucking point seem to
be the site.
I F.*xVw ft was reported fti
the bwMve location would be,
fte ro&o gmunds or The agri-
ctvk co*r 9 that facift-Vas
cornplftqijiffibe�� ' -- �_ 1.
Now Mr. SftVWs 9&W that
the fe� will be heid at his
glue Hierm GW Course. or It
won't be held at all. fie issued a
stattment saying that be will
sell the golf couirse if he is not
allowed to - hold the festival
there. He said he is offatug
somethingnice forthe coramn-
nity and the ch9dreu. for am
week a year..
Mr._�� .-said1hat-the-
ftrst time he mentioned the
idea of a bluegrass leadvA to
Blue 11crou homwwncrs. *1
d IA dw would wmqr-
wua
Hoview. he stdod be
M =�
that most L:=
_7*_ He *W 40 to 50 1"�
ere attended a recent xneetW&
and d*t 80 to 90 percent of
them vere in bmw of having
the fes*d at thegoVeourse.
,mat qAdm is not ahwed
by To* Wnitbre, president of
the Blue Heron Homaeowners
Assorabm. mr Elmore mted
that "90 percent plus" qf the
F�,qty orp". are not to
aVZ- q,(havfiV the feadv*at
the got course. He stated 1hat
only two harneovoners have
spoken out in hNw of the festi-
Val.
and does not think a&
course would be a Q3od
tion for the JestWaL -ft]
one road out and one road hL
City Adndn19ftvt" Bill
VbReh
about 1r=P01Mke=
vas The kind of 69 be
wouldOwtoseecamtoObw
chobee. But, he added ftre
we a lot of unnumered ques-
W Nbadh sold dit
ers hm pr rided -sketchy
bm nialmd
for apwA*to hold tba festiva
But shim There to disagree-
"Umd anzong Varkme CRY
Ift 1146� said
SNEMMUMMV
nwMar wK be 01ken up at
Tumd* nf&ft eft axnaeff
11-11,19 Vass& amid the
and Am dqmtwents
W add he has readved -a
Unaftt nonba of telephom
cdb a cippoind to
the &want: irli eft A*W"Ift.
U�Mw amid ht vm conommed
about parking noise- and
ueressandeWem - I
bu. McBmyer�:r=d
ovroera t1D allow
Ume t6 'beb'fh�'f He
attvaudduthedidnotwantto
He said &W would bim afr-
duty patiat afficam to dited
hvlBc and that all the Waft
would not be entering and kav-
the sarne Ume. Fle-attval
would go dtirectly into
the 1: "cwarac and not enter
areas of Blue
non added.
7he pr.oposedbkxgvm fee.
dval to sponsored by people
who say they put on "the
=blu
_!,rr les In
ft;rMat
tdn Bkwgrans Pesfival held
mn=W &r]Dg the third week
of September in Kmrehead.
11 7his'past Septunber over
161.000 people attended that
lestival. -
Big name entertainers Such
B& Mmtroe bame pewformed at
FbppyMountahL
Plans call for 20 to 30 blue -
==to
f=at the
Is
schubdeid Jbir Feb. I Z IS and
14. MMW of the bwads wS be
abonaUy bxnm, but that
be at least one area band
sebeduled to perform — Flort-
da Bkwgrass Evress.
P& stevow to have
spent around $20.000 in
40 tisk for the fewma. W
McBj7er stated that 20 ven-
dors have been lined. up fbr ft
fesUvW and "they bave to go
throruowlthiv
your A& W free speech. Speak out is a free
244xr--Vbgm line. Call and e3qxvwyoqw optnlar'-"� ask
qu=L . about public kmm You are not required L_ eave
Your n . Wbfie we want you to speak out hvely, the
newspaper rearm the rJ& to edit calls for clarity. brevi-
ty, relevance and hJrnesiL To speak out call (M)467-
2033. fax (863)763-5901 or e-math okeenewa@okee-
chobee.com. You can also amall. submissions to
Okeechobee New% P.O. BOK 639, Okftchobee, FI& 34973.
CxMMd
rhe president of the board of directors of a local RV
kresort and condominium was recently hired by the same
board of directors as the condominium manager fie
presentl%continues in both capacities; thus limiting the
checks and bakoces of the condds organizational struc-
ture. Does Florida condo law address the ethical and legal
implications of this conflict of Interest?- (Fwftes Note.
77unix Ibr cnUW* YaK Pkwkk does have Zffm coverAW
I I -� 1, 1 � 2 aner honwowzwrla asacc*tdong. you can gt)
caftme at A-- j 1R andMwthepxaqpt9.
UMOWN—W-W-14-
Gk� you can caff me of Bkomben and Praft,
RiOnSI RqPdRU000 at 850-487-ZM5 and ask Ibr
Akna)
ANUftimt
"The problem with the Okeechobee Development
Authority is that trs being managed by a few self-centered,
t
Fk Of
e
FlorWI4 blanagement District keeps fooling with the
ISIM We wont have to woM about people coming here for
phing bemuse there won't be any fish to catch. Then
, ic ahall gather at the landffl for en'tex tainment-
MKkdWMW
Me last thtag Okeechobee needs is a bio-medical waste
site that will bring in a whopping duw jobs, probably at
minimum wage. That ought to be worth the risk of contact-
ing a contagkms disease."
"When has the economy increased so much in this com-
muntty that we can turn away an event that could bring a
million -plus dollars to this community? I would flitnk that
the restaurants, 4-1- it stabom Jimmy stores and a
few odw businessm in t town could benefit from this.
But dxxe is a handful of people that are trying to stop a
good thing kom taking place on the property owned by the
Iwomoter that is wanting to have this festival. The property
Is Blue Heron Golf and Cotintry Club, not Blue Heron sub-
division. AD he is asking for is a chance to show Okee-
chobee this Will work The city council will be voting on flits
issue on Tuesday night at 6 p.m. at city hall, and your sup-
port is needed." %
NoMmq*m
;U64'because you build something that does not mean
people will come. There has to be something hem to attract
them and right now Okeechobee doesn't haw it "
ME
Megrm
rhe only way to get Into Blue Heron Golf and Country
Club is to gD through Olumbobee Estates. Mk do not want a
bluegrass festWW In our neighborhood. It would mean lots
of tr�dk on narrow two lane streets where our kids ride
their bikes and play Also, the nolse lactw would be bad.
Why did that man buy a golfcourse If he isn't going to open a
golf course?-
citizens Against th(
Indian Mound Blue Grass Festival
We the undersigned residents of the City of Okeechobee object to the Indian Mound Blue Grass
Festival being held at the Blue Heron Golf and Country Club:
Name Address
/r� '5T
mmwr- - -A
r0
e M,12
LE z w", p
$�4 om. . . . . . . . . . . . . . ..........
pidArd- Fyn,
REM
=41
RA r. , 160A �
Citizens Against the
Indian Mound Blue Grass Festival
We the undersigned residents of the City of Okeechobee object to the Indian Mound Blue Grass
Festival being held at the Blue Heron Golf and Country Club:
Name Address
pi W-TA
Piz
wo 11
0
N
Indian Mound Bluegrass Festival
Heuo my name is Umtv &Mis. Don and I am the owners of Blue
Heron Clolf Course. As ngii—of you all, know my purpose in purchasing the Blue Heron
Golf CouTse was to open the golf course, tennis courts, and swimming POOL Our Plans are
to do many uWrovements, we have already done so much. Thanks to Don, and volunteers
(Thank you so much). I also had another LIMfor the Blue Heron Golf Course. I had
planned to bave a bluegrass f= of the co-mrse, but I have a
problem. of thrSM0 of Blue Hermon seem to wgm tne festival to be held at
the Nue Golf Course. Some of the problems that I have run into so far is that some
of you are worried about the traffic in the area. I promise the traffic would not be that bad.
There will be approximatelyjW motor homes the firg". They don't all come
in at once. They come in a few at a time during the severaTM�Mf the festival. We would
guide the tt-af ft in aid out during the festivaL I have been to many bluegrass festivals and
they am nothing like Woodsto& or outdoor ro& concerts. I promote and own the largest
bluegrass festival in the world. We have a smaller road and we have never had a problem
with the traffic. Some of the people have asked, will they be in my yard?. noNuegrasser's
come to listen to the music. They either sit in their seats at the sta=or stay at thq� rmtni
don't go
ko- I win put up caution tape and sigm around fli6-gDWC0UTW &ftg peopTe
'7y-ond this point. I wffi put security in front of the club house and stop anyone not living
in Blue Heron from going any farther than directly to the festival, that way they would not
be in your yards. I think that the best way is to give everyone living in Blue Heron a pass
for their vehicle to post on their rear view n*ror so they wiU not have to be stopped by
the security. Bluegrass on average is an older audienoe they are not troublemakers, etc ......
The shows that I promote are fimAy oriented. We had 4 (W &IUW=at Poppy
Mountam this year and a large drive in crowd. This, with lots if —security, sherff s, and
state police. Not one arrest was made, no figbts, and no ambulance. I think this should tell
you what kind of show we have. Music will start at and shut dowA.ALI,21
rx
linilLipt be a proSIG�me will
There will be no loud U" all tl- fig& T
&—vR'7u-iVsters sitting premkies�, and clean, thd course &unds daily. Bluegrasser's
respect and therefore usually pick up after themselves. There will be things for the children -
to do also, such car rides6 I&k the can ice creaxn etc ......
St2SE 771Z amm
Bluegrass music is what o-u-MU-is about, eaches our clMen good morals. It's
grandma and grartWs music. Poppy Mountain brings revenue to Morehead, Kentucky of
about 3,000,000.00 to the city for one week during September. I can also do the same for
Okeechobee. People come from aU over the U.S.for the music. I have bow !MToved
for Ra ag.QWin-i's. It's nice but it's no1J&1gUW atWQW*=. I U&WUXCe restival
there, but I MAgLWt money into som..qW= thatIdg"4WL
I'm offering something nice for the comnwnity and the cbRdren, for one week a
year. I can or I could have a wonderfid kstival on the premises of Blue Heron Golf
Course. I know after you would see it you would love it! PUns foT opening the golf course
is late December 2003. The tennis courts, driving range, and pool are already open. We
are still clearung around the course, garage, and the club house so there are many more
anprovements to be made. We have done our best so kL&r.Xou. and the course. We
just need it one week a year and you may still pWy-go-U`on back hatopVy Mennis, swin-4
and the dnvmg range the 2nd week in February. We have spent !ht.� an the
Indian Mound Bluegrass Festival
course and will. contirtue until the coum is open, but we need,&Qfiagg festival to
help SUP
49walattle R�.This V was k&j& so vvtW I am asking is
please cornproinise-1-n-d-W-us t I one w�a year on the golf course.
You will, be proud of BI:ue Heron and us. You may want to have a fimly reunion,
wedding recepbon, or another event at the Blue Heron Golf Course and we would be glad
to e&x you our service& We need you to help us. We have already spent around $
mom 20,000.00 on advertising for the festival to be held at the Blue Heron Golf Course. Before
ti Blue Heron everyone talked about how it would be a great sucess to haie- a
c� atl=Te'ron Golf �&=. Bottom Une W"
y H
F-w—ould-W to haw a private vote or show ofhands if I get to have the
;T=If I get to bave the fesfivaL we wM be bappy, if not I wonI be mad, just
disappointed mid still your friend. Of course the Blue Heron Golf Course will be for sale
agak and I will be gone somewhere else to hear some bluegrass music. WOOM
Your Friend,
Marty Stevens
In rebrence to the proposed Blue Grass Festival. The promoters Don McBrayer and
Marde Stevens want to put on an Indian Mound Blue Grass Festival in a residential
area. Mr. Stevens says that the festival will be held at HIS Blue Heron Goff Course
or it won't be held at all. He states he will sell the golf course and move if he is not
allowed to hold the festival there. Well, MY feelings an that he bought a GOLF
COURSE and NOT an AMUSEMENT PARK. The time of year that he wants to
hold this jamboree is the time of year when the weather cools and people like to turn
off their air conditioner and open their windows, air out their houses and sit back
and enjoy the weather. Mr. Stevens seems to think that everyone else should bow
down to his wishes and does not seem to cam about the local residents that have
been paying taxes for years. His only agenda is to make money. He does not care
about the TRAFFIC that will come into this area. I understand that the city and the
county have offered alternative properties BUT he wants it his way or no way. The
people in Taylor Creek Isles, Lucy Island and all of the property from the Post
Office to his property line will be effected. Mr Ehnore - president of the Blue
Heron Home Owners Association - stated that "% plus of the property owners are
NOT in favor of having the festival at the golf course.
Robert Campbell
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Adelphia
Southeast Regional Office
1100 Northpoint Parkway, Suite 100
West Palm Beach, R. 33407
Phone (561) 881-3259
Fax (561) 242-8716
December 1, 2003
Mr. Bill Veach
City Manager
City of Okeochobee
55 SE 3rd Avenue
Okeechobee, FL 34974
Dear Mr. Vesch:
Adelphia Cornmunicabons is proud to announce that we will offer another new technology to our
subscribers. In December, subscribers will have the option to have a DVR (Digital Video
Recorder) converter in their home. This feature is similar to the commercially available TiVo
and allows the viewer to have even more control over the programs they watch.
With the DVR service and the DVR converter, a viewer can pause and create instant replays of
live TV, create a favorite program list and the DVR service will record the program list
automatically. The DVR converter box has an internal hard drive like a computer, which stores
the programe using no video cassettes or DVDs. The DVR converter box will have a monthly
rental fee of $7.95.
The DVR sairvice is $9.95 per month. Currently, as a marketing incentive we will provide
discounts based upon the subscribers' package or level of service which will reduce or in some
cases waive the service fee entirely. Additionally, along with any applicable installation fee
there may be a one-time activation fee of up to $50.00 to initiate the DVR service. Adelphia will
likely offer promotional offers associated with these types of charges, as well.
By introducing new technologies such as this DVR service and our recenfly announced addition
of HDTV prqgramming, Adelphia is reinforcing its commitment to being the leader in the cable
telecommunications industry and bringing the best to your community. Adelphia, the new vision
of cable.
Should you have any question about this or any cable related matter, please do not hesitate to
contact me at 561-750-9438 x221.
Sincerel ours,
Michael E. Tanckd5�p
Director of Goven t & Community Affairs