2004-03-02 RegularCITY OF OKEECHOBEE
MARCH 2,2004 REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
CALL TO ORDER - Mayor:
March 2, 2004, Regular City Council Meeting, 6:00 p.m.
II. OPENING CEREMONIES:
Invocation given by Duane Eatman, Treasure Island Baptist Church;
Pledge of Allegiance led by Mayor.
Ill. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk.
Mayor James E. Kirk
Council Member Noel A. Chandler
Council Member Lowry Markham
Council Member Dowling R. Watford, Jr.
Council Member D. Clayton Williams, Jr.
City Attorney John R. Cook
City Administrator Bill L. Veach
City Clerk Lane Gamiotea
Deputy Clerk Adriana Berry
IV. MINUTES - City Clerk.
A. Motion to dispense with the reading and approve the Summary of
Council Action for the February 17, 2004 Regular Meeting.
PAGE I OF 8
Mayor Kirk called the March 2, 2004 Regular City Council Meeting to order at 6:00 p.m.
The Invocation was offered by Pastor Eatman of Treasure Island Baptist Church;
Pledge of Allegiance led by Mayor Kirk.
City Clerk Gamiotea called the roll:
Present
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
February 17, 2004 Regular Meeting; seconded by Council Member Williams.
VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
723
724
MARCH 2,2004 - REGULAR MEETING - PAGE 2 OF 8
AGENDA
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 additions, deferrals or withdrawals of items on today's agenda.
agenda. New Business item B was deleted from the agenda. The resolution number was reassigned and added as New
Business item F, Exhibit 7, regarding an agreement with the Department of Transportation.
V11. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION AND PLATTING MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AND PLATTING APPROVAL AT
APPROVAL - Mayor. 6:04 P.M.
A. 1. a) Motion to read by title only proposed Ordinance No. 851, amending Council Member Watford moved to read by title only proposed Ordinance No. 851, amending the Future Land Use
the Future Land Use Map, Application No. 04-001-SSA, submitted Map, Application No. 04-001-SSA, submitted by James Logan, on behalf of the property owner T.R. Browning;
by James Logan, on behalf of the property owner T.R. Browning - seconded by Council Member Markham.
City Planning Consultant (Exhibit 1).
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. 851 by title only. Attorney Cook read proposed Ordinance No. 851 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDAAMENDING THECITYOFOKEECHOBEECOMPREHENSIVEPLAN, ORDINANCENO.
635ASAMENDED, BYREVISING THEFUTURELAND USEMAP, PROVIDING FORINCLUSION OFORDINANCE
AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FOR AN EFFECTIVE
DATE."
2. a) Motion to adopt proposed Ordinance No. 851. 111 Council Member Markham moved to adopt proposed Ordinance No. 851; seconded by Council Member Williams
b) Public comments and discussion. III Mayor Kirk asked whether there were any questions or comments from the public. There were none.
City Planning Consultant, Mr. Kelly Hill of LaRue Planning and Management was present to answer questions and
present the application request. A revised Planning Staff Report was distributed prior to the meeting.
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MARCH 2,2004 - REGULAR MEETING - PAGE 3 OF 8
725
AGENDA COUNCIL ACTION - DISCUSSION - VOTE
V11. PUBLIC HEARING FOR ORDINANCE ADOPTION AND PLATTING
APPROVAL CONTINUED.
A. 2. b) Public comments and discussion continued.
c) Vote on motion.
B. 1. a) Motion to approve final platting of the Industrial Park - Craig A.
Smith & Associates (Exhibit 2).
This ordinance is regarding Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 04-
004-SSA submitted by Mr. James Logan on behalf of the property owner, T.R. Browning. The request is to change
the Future Land Use designation from Single Family to Commercial. This amendment would make the Future Land
Use Map consistent with the existing zoning designation, Heavy Commercial. The property is an unplatted parcel
located within the Northeast corner of the intersection of NE 8" Avenue and North Park Street East (State Road 70
East). Parcel Identification No. 2-15-37-35-OAOO-00008-COOO. The parcel is approximately 2.5 acres. The owner
intends to use the property as a outdoor mobile home sales lot.
Planning Staff Analysis: (A) The amendment is consistent with Land Use Categories and Plan Policies since
commercial land use allows outdoor sale and storage as a special exception. (B) The site has adequate water and
wastewater available. (C) The proposed change is compatible with adjacent and nearby land uses. The two parcels
are split by Northeast 8 th Avenue. Taylor Creek borders the West side. The East is undeveloped property with
Commercial designations and directly across Park Street are commercial businesses. (D) Surface water retention
needs to be addressed to determine whether the owner has an adequate area since storm water run-off into Taylor
Creek is not allowed. This would be addressed during site plan review by the Technical Review Committee.
Based on the above information, Planning Staff is recommending approval. The Land Planning Agency discussed this
application at their February 24, 2004 meeting and voted unanimously to recommend approval.
VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
Council Member Watford moved to approve final platting of the City Commerce Center (Industrial Park) including the
draft copy of the deed restrictions; seconded by Council Member Markham.
726
MARCH 2, 2004 - REGULAR MEETING - PAGE 4 OF 8
11 AGENDA , � III COUNCIL ACTION - DISCUSSION - VOTE --]I
V1. PUBLIC HEARING FOR ORDINANCE ADOPTION AND PLATTING
APPROVAL CONTINUED.
B. 1. b) Discussion.
Mayor Kirk asked whether there were any questions or comments from the public. The following Douglas Brown area
residents addressed the Council, Mr. Tony Delegall, Mrs. Charlette Delegall, Mr. Charles Grant, Ms. Vinvelle Neal and
Mrs. Bertha Boswell. These residents were concerned with traffic impacts to the area and hazardous or chemical type
industrial businesses being located in the proposed commerce center. Council and Staff explained that a bridge across
Taylor Creek is being proposed, which would in turn allow these residents another outlet from the Northeast onto North
Parrott Avenue. The bridge is being proposed at Northeast 91h Street. However, until the bridge is completed there will
be some increase in traffic within the neighborhood. Project Engineer, Jim Orth advised that a specific construction
route could be marked with signage. Mr. Grant and Mr. Delegall responded that 16t' Avenue and 12" Street would be
the best route for the trucks. The area of most concern is that 16" Avenue parallels with the park that most of the
children play at. Staff also recommended assistance from the Sheriffs office to make sure the speed zones are
enforced.
The other area of concern was the types of industrial businesses that would operate within the park. Mr. Delegall
received a draft copy of the proposed deed restrictions. Attorney Cook requested he respond with comments or
suggestions by the March 16, 2004 meeting. The types of businesses that will and will not be allowed are listed in the
restrictions.
Mayor Kirk added, there are two positives here. One it provides the area with another outlet. Two, provides jobs for
the community. The City hopes to have more than just this one employer in the park, and with the deed restrictions
we will be careful who goes in there. We do not want to damage the area, nor do we want odor problems, or chemical
problems. We have received Federal grants to assist the City in making this park and we are not going to just open
it to anybody that comes in, we have to meet the standards. I am not going to put anything in there that would be
detrimental to the Douglas Brown neighborhood, We will look for businesses that are compatible with Okeechobee.
Mr. Joey Hoover of the Economic Council asked whether or not sewer capacity had been reserved with the
Okeechobee Utility Authority. Mayor Kirk instructed Administrator Veach to work with Craig A. Smfth and
Associates to obtain whatever is necessary on this mafter.
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MARCH 2,2004 - REGULAR MEETING - PAGE 5 OF 8
727
VI. PUBLIC HEARING FOR ORDINANCE ADOPTION AND PLATTING
APPROVAL CONTINUED.
B. 1. c) Vote on motion.
CLOSE PUBLIC HEARING - Mayor.
VII. NEW BUSINESS.
A. 1. a) Motion to read by title only and set April 6, 2004 as a public hearing
date for proposed Ordinance No. 852 pertaining to Street Closing
Application No. 71, submitted by Tommy Rucks, President of United
Feed Co -Op to close the right-of-way known as Northwest 3rd
Avenue and aligned between Blocks 59 and 60, City of
Okeechobee - City Attorney (Exhibit 3).
b) Vote on motion to read by title only and set public hearing date.
VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:40 P.M.
Council Member Watford moved to read by title only and set April 6, 2004 as a public hearing date for proposed
Ordinance No. 852 pertaining to Street Closing Application No. 71, submitted by Tommy Rucks, President of United
Feed Co -Op to close the right-of-way known as Northwest 3 rd Avenue and aligned between Blocks 59 and 60, City
of Okeechobee; seconded by Council Member Markham.
VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
728
MARCH 2,2004 - REGULAR MEETING - PAGE 6 OF 8
AGENDA COUNCIL ACTION -DISCUSSION. VOTE
VII. NEW BUSINESS CONTINUED.
A. 1. c) City Attorney Cook to read proposed ordinance by title only. Attorney Cook read proposed ordinance by title only as follows: uAN ORDINANCE CLOSING, VACATING AND
ABANDONING THERIGHTOFWAYLOCA TED BETWEEN BLOCK59AND SLOCK60 KNOWNAS NORTHWEST
3RDAVENUE, CITY OF OKEECHOBEE; AS RECORDED IN PLATBOOK 1, PAGE 10, AND PLATBOOK5, PAGE
5, PUBLICRECORDS, OKEECHOBEE COUNTY, FLORIDA; ONANDDIRECTING THE CITYCLERK TO RECORD
THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR
OKEECHOBEE COUNTY, FLORIDA; PROVIDING FORAN EFFECTIVE DATE."
Council Member Markham moved to approve the first reading of proposed Ordinance No. 852; seconded by Council
2. a) Motion to approve the first reading of proposed Ordinance No. 852. 111 Member Williams.
Council Member Watford asked whether United Feed CO-OP owned the property along both sides of 3' Avenue
b) Discussion. (Blocks 59 and 60). The minutes noted a brief discussion, he asked whether there was any specific issues discussed
or routine discussion. Mayor Kirk responded, that they did own the property in Block 59 and 60 and that it was routine
discussion.
VOTE
KIRK - YEA
c) Vote on motion
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
B. Motion to adopt Resolution No. 04-02, amending rules and
Item deleted from agenda.
regulations for use of the parks - City Attorney (Exhibit 4).
C. Discussion related to amending the Hamrick Trust pertaining to non- Mrs. Bobbi Poole asked how would one go about amending the regulations mandating that only non-profit
profit organizations and local businesses for events in the parks - organizations are allowed to use the parks? She would like them to allow businesses in the parks. She advised she
Bobbi Poole (Exhibit 5). would like to hold a business showcase, Attorney Cook responded that it is not the Hamrick Trust, as the agenda
states that would be amended. It would be a City ordinance that would have to be amended. The City has adopted
ordinances that prohibits the sales of goods on any City owned lands, which include parks, streets and sidewalks.
I
I
MARCH 2,2004 - REGULAR MEETING - PAGE 7 OF 8 729
Vill. NEW BUSINESS CONTINUED.
C. Discussion related to amending the Hamrick Trust pertaining to non- Discussion ensued, others who addressed the Council were Mrs. Mareen Buroughs and Mrs. Jane Abney of
profit organizations and local businesses for events in the parks Okeechobee Main Street. The consensus of the Council was not to amend the existing regulations at this time. Mrs.
continued. Poole will have be find another location for her proposed business showcase, like the new Ag Center or Okee Tanie
for example. There was no officiall action taken on this item.
D. Motion to approve a Temporary Street Closing by Okeechobee Mayor Kirk called for a motion three time. Item denied due to lack of motion.
Discount Drugs on March 12 and 13, 2004 for use of parking
spaces in front of store on South Park Street for a vending wagon -
Steve Nelson (Exhibit 6).
E. Motion to approve an expenditure of $35,916.00 for police car Council Member Williams moved to approve an expenditure of $35,916.00 for police car equipment; seconded by
equipment - City Administrator. III Council Member Markham. There was a brief discussion regarding this item.
VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
F. ITEM ADDED TO THE AGENDA: Motion to adopt proposed Council Member Watford moved to adopt proposed Resolution No. 02-04 authorizing the Mayor to execute an
Resolution No. 04-02 authorizing the Mayor to execute an agreement with the Department of Transportation; seconded by Council Member Markham.
agreement with DOT for medians - City Administrator (Exhibit 7). The City has an existing agreement with DOT to maintain the landscaping within the medians on Parrott Avenue. Due
to the US 441 North widening project a new median will be installed. DOT will provide and install the landscape and
then it will be turned over to the City for maintenance.
Attorney Cook read title of proposed Resolution NO. 02-04 as follows: "A RESOLUTION OF THE CITY OF
OKEECHOBEE, FLORIDA AUTHORIZJNG THE EXECUTION OF A HIGHWAY LANDSCAPING INSTALLATION
AND MAINTENANCEAGREEMENTIN1TH THESTATE OFFLORIDA DEPARTMENTOFTRANSPORTATIONAND
PROVIDING FOR AN EFFECTIVE DATE."
730 MARCH 2, 2004 - REGULAR MEETING - PAGE 8 OF 8
IF- AGENDA COUNCIL ACTION - DISCUSSION -NOTE
V111. NEW BUSINESS CONTINUED.
F. ITEM ADDED TO THE AGENDA: Motion to adopt proposed VOTE
Resolution No. 04-02 authorizing the Mayor to execute an KIRK - YEA
agreement with DOT for medians continued. CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
VIII. ADJOURN MEETING - Mayor.
Please take notice and be advised that if a person decides to appeal any decision made by the City Council with
respect to any matter considered at this meeting, 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 Clerk.
A T T- E.'S T': James E. Kirk, Mayor
r6
Lane Gamiotea, City Clerk
There being no further items on the agenda, Mayor Kirk adjourned the March 2, 2004 meeting at 7:19 p.m. The next
regularly scheduled meeting is March 16, 2004,
I
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9
CITY OF OKEECHOBEE -MARCH 2,2004 -
REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES
PAGE -1 -
1. CALL TO ORDER - Mayor: � � Yt_ March 2. 2004, Citv Council Reaular Meetinq, 6:00 D.m.
Ill. OPENING CEREMONIES: Invocation aiven bv Duane Eastman, Treasure Island Baotist Church
Pledaeof Alleoiance led bv Mavor Y)irY-
111111. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk.
Mayor James E. Kirk
Council Member Noel A. Chandler
Council Member Lowry Markham
Council Member Dowling R. Watford, Jr.
Council Member Clayton Williams
City Attorney John R. Cook
City Administrator Bill L. Veach
City Clerk Lane Gamiotea
Deputy Clerk Adriana Berry
IV. MINUTES - City Clerk.
Present Absent
V
V
A.I Council Member N)O- moved to dispense with the reading and approve the Summary of
Council Action for the February 17, 2004 Regular Meeting; seconded by Council Member
DV-j
VOTE YEA NAY ABSTAIN ABSENT
KIRK
CHANDLER
MARKHAM
WATFORD
WILLIAMS
MOTION: 4ARRIED DENIED
V. AGENDA - Mayor.
AL Requests for the addition, deferral or withdrawal of items on today's agenda.
Aemve, 'Part Guidelyne6 ifern e-8.
ACtd l+QM F geS, Dq_0D_ - MeChOn rticLinterionoe.
0 0
PAGE -2-
V1. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION AND PLATTING APPROVAL - Mayor.
A.I.a) Council Member Dv,) moved to read by title only proposed Ordinance No. 851, amending
the Future Land Use Map, Application No. 04-001-SSA, submitted by James Logan, on behalf of the
property owner T.R. Browning - City Planning Consultant (Exhibit 1); seconded by Council
Member L-ff)
b) � Vote on motion to read by title only.
VOTE Y MAY ABSTAIN ABSENT.
KIRK
CHANDLER
MARKHAM
WATFORD
WILLIAMS
MOTION Q��E)D - DENIED
C) Attorney Cook read proposed Ordinance No, 851 by title only as follows: "AN ORDINANCE OF
THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF
OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635AS AMENDED
BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF'
ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE
COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE."
2.a) Council Membe Ur(l moved to adopt proposed Ordinance No. 851; seconded by Council
Member C7�
b), Public comments and discussion.
D \) - S qLfn H 0
Cbmmerom
C) Vote on motion.
YP—TE YEA NAY ABSTAIN ABSENT,
KIRK
C14ANDLER
MARKHAM
WATFORD
WILLIAMS V
MOTM� NIED
S)Ntwd,be
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PAGE -3-
13.11.a) Council Member bv-J moved to approve final platting of the Industrial Park - Craig A. Smith &
Associates (Exhibit 2); seconded by Council Member L-jy-)
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PAGE -4-
MAYOR KIRK CLOSED THE PUBLIC HEARING AT W39 - P.M.
VII. NEW BUSINESS.
A.I.a) Council Member moved to read by title only and set April 6, 2004 as a public hearing date
for proposed Ordinance No. 852 pertaining to Street Closing Application No. 71, submitted by Tommy
Rucks, President of United Feed Co -Op to close the right-of-way known as Northwest V Avenue and
aligned between Blocks 59 and 60, City of Okeechobee - City Attorney (ExhM 3); seconded by
&&-1)
Council Member
b) Vote on motion to read by title only and set public hearing date.
VOTE YEA NAY ABSTAIN ABSENT
KIRK
CHANDLER
MARKHAM
WATFORD
WILLIAMS
MOTION DENIED
c) Attorney Cook read proposed ordinance by title only as follows: "AN ORDINANCE CLOSING,
VACATING AND ABANDONING THE RIGHT -OF WAY LOCATED BETWEEN
RD
BLOCK 59 AND BLOCK 60 KNOWN AS NORTHWEST 3 AVENUE, CITY OF
OKEECHOBEE, ASRECORDED IN PLATBOOK 1, PAGE 10, AND PLAT BOOK
5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA;
RETAINING A R16HT OF REVERSION; AND DIRECTING THE CITY CLERK TO
RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE
CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING
FOR AN EFFECTIVE DATE.19
2.a) Council Member L-KI movedo approve the first reading of proposed Ordinance No. 852;
seconded by Council Memb(
b)- Discussion.
OK)- Ur\i19d �Qed bWns bD7h IL/- s . �U- Pohlojp
o-P (�tAoarei-?. Ge�prcLf CItscusf1m. JC -4-ffle.
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c), Vote on motion.
WTE
Y NAY ABSTAIN ABSENT
KIRK
CHANDLER
MARKHAJA
WATFORD
WILLIAMS
�[D
MOTION(j; - DENIED
PAGE-5-
B!
Council Member moved to adopt Resolution No. 04-02, amending rules and regulations
for use of the parks - City Attorney (Exhibit 4); seconded by Council Member
Afforney Cook read proposed Resolution No. 04-02 by title only as follows: 41A
ROSOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA SUPPLEMENTING
RESOLUTION NO. 03-08; GUIDELINES FOR USE OF PUBLIC PARKS OR OTHER
Lt NDS OWNED BY THE CITY OF OKEECHOBEE FOR CERTAIN CHARITABLE OR
B NEVOLENT ORGANIZATIONS; PROVIDING FOR AUTHORITY TO REVIEW SUCH
APPLICATIONS; PROVIDING FOR STANDARDS FOR REVIEW; PROVIDING FOR
GUIDELINES FOR SUCH ORGANIZATIONS TO FOLLOW; PROVIDING FOR AN
EFFECTIVE DATE.99
VOTE YEA NAY ABSTAIN ABSENT
IORK
G*ANDLER
MARKHAM
WATFORD
VA, LLLARS
MOTION CARRIED - DENIED
0
77-- ---- - -
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PAMAI-
PisCUSSO,mlated-Io-amoking the -Hamrick Trust pertaining to non-profit organiza6m and local
businewaslor events in the parks - Bobbi �-!)oie (Exhibit 5).
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PAGE -7-
D. Council Member moved to approve a Temporary Street Closing by Okeechobee Discount
Drugs on March 12 and 13, 2004 for use of parking spaces in front of store on South Park Street for
a vending wagon - Steve Nelson (Exhibit 6); seconded by Council Member
OaA� Mofi ot) P I d -
E
j
VOTE YEA NAY ABSTAIN ABSENT
KIRK
CHANDLER
MARKHAM
WATFORD
WILLIAMS
MOTION CARRIED - DENIED
PAGE -8-
E. Council Member moved to approve an ex
_pend - iture of $35,916.00 for police car
equipment - City Administrator; seconded by Council Member
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CITY OF OKEECHOBEE
MARCH 2, 2004 REGULAR CITY COUNCIL MEETING
OFFICIAL AGENDA
PAGE 1 OF 3
1. CALL TO ORDER - Mayor: March 2, 2004 City Council Regular Meeting, 6:00 p.m.
11. OPENING CEREMONIES: Invocation given by Duane Eatman, Treasure Island Baptist Church.
Pledge of Allegiance led by Mayor.
III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clark.
Mayor James E. Kirk
Council Member Noel A. Chandler
Council Member Lowry Markham
Council Member Dowling R. Wafford, Jr.
Council Member Clayton Williams
City Attorney John R. Cook
City Administrator Bill L. Veach
City Clerk Lane Gamiotea
0 IV. MINUTES - City Clerk.
A. Motion to dispense with the reading and approve the Summary of Council Action for the February 17, 2004 Regular Meeting.
V. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
MARCH 2, 2004 - CITY COUNCIL AGENDA - PAGE 2 OF 3
VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION AND PLATTING APPROVAL - Mayor.
A.I.a) Motion to read by title only proposed Ordinance No. 851, amending the Future Land Use Map, Application No. 04-001-SSA, submitted by
James Logan, on behalf of the property owner T.R. Browning - City Planning Consultant (Exhlbft 1).
b) Vote on motion to read by title only.
40 c) City Attorney to read proposed Ordinance No. 851.
2.a) Motion to adopt proposed Ordinance No. 851.
b) Public comments and discussion.
c) Vote on motion.
B.I.a) Motion to approve final platting of the Industrial Park - Craig A. Smith & Associates (Exhibit 2).
b) Discussion.
c) Vote on motion.
0 CLOSE PUBLIC HEARING.
V11. NEW BUSINESS.
A.I.a) Motion to read by title only and set April 6, 2004 as a public hearing date for proposed Ordinance No. 852 pertaining to Street Closing
Application No. 71, submitted by Tommy Rucks, President of United Feed Co -Op to close the right-of-way known as Northwest 3" Avenue and
aligned between Blocks 59 and 60, City of Okeechobee - City Attorney (Exhibit 3).
FEBRUARY 17,2004 - Crry CouNcL AGENoA - PAGE 3 oF 3
VII. NEW BUSINESS CONTINUED.
A.1.b) Vote on motion to read by title only and set public hearing date.
c) City Attorney to read proposed ordinance by fitle only.
2.a) Motion to approve the first reading of proposed Ordinance No. 852.
0 b) Discussion.
c) Vote on motion.
B. Motion to adopt Resolution No. 04-02, amending rules and regulations for use of the parks - City Attorney (Exhibft 4).
C. Discussion related to amending the Hamrick Trust pertaining to non-profit organizations and local businesses for events in the parks - Bobbi
Poole (Exhibit 5).
D. Motion to approve a Temporary Street Closing by Okeechobee Discount Drugs on March 12 and 13, 2004 for use of parking spaces in front
of store on South Park Street for a vending wagon - Steve Nelson (Exhibft 6).
E. Motion to approve an expenditure of $35,916.00 for police car equipment - City Administrator.
0 Vill. ADJOURN MEETING - Mayor.
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect lo any matler considered at this proceeding, such
interested person will need a record of the proceeding, and for such purposed may need lo ensure a verbatim record of the proceeding is made, which record includes the testimony and
evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup 1br official records of the Clerk.
EXHIBff 1 -
MARCH 2,2004 AGENDA
MEMORANDUM
To: Mayor and Council
From: Lane Gamiotea, City Clerk u6
Subject: Ordinance No. 851 /Future Land Use Map Amendment No. 04-001-SSA
Date: February 26, 2004
This is the final public hearing regarding Ordinance No. 851 to consider approving Comp Plan
Amendment Small Scale Future Land Use Map Application No. 04-001-SSA. The application was
submitted by Mr. James Logan, on behalf of the property owner Mr. T.R. Browning.
The request is to change the land use on two unplatted parcels of land located along North Park Street,
East and 81h Avenue from Single Family (SF) to Commercial (C). Current zoning is already Heavy
Commercial.
40 All fee's have been paid.
• The ordinance was advertised in the Okeechobee News on February 20.
• The Land Planning Agency voted unanimously to recommend approval (February 24, 2004 Meeting).
• Planning Staff is recommending approval.
• Due to this being a small scale (less than 10 acres) amendment, it is not necessary to mail notices
to the surrounding property owners, nor post a sign on the property.
Please do not hesitate to contact me should you require any additional information regarding this
application.
Thank you.
0
ORDINANCE NO. 851
E
AN ORDINANCE OFTHE CITYOF OKEECHOBEE, FLORIDAAMENDING
THE CITYOF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.
635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP;
PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE
LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for
orderly growth and development; and
WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code
provide for amendment to Adopted Comprehensive Plans; and
WHEREAS, the City has received and reviewed certain application(s) for a small-scale
amendment to the Future Land Use Element of the City's Comprehensive Plan, and
said application(s) being reviewed by the City's Land Planning Agency on February
24, 2004at a duly advertised meeting, and submitted by staff report, which
determined such applicant(s) to be consistent with the Comprehensive Plan and
appropriate to the future land uses within the City; and
WHEREAS, the City has agreed with the recommendations of the Land Planning Agency
that the proposed application(s) complies with the requirements of Florida Statutes
163, Part 11, and that the proposed applications are consistent with the
Comprehensive Plan and appropriate to the future land uses within the City;
NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City:
SECTION 1. SHORT TITLE.
THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale
Development Activities Comprehensive Plan Amendment," pursuant to F.S.
163.3187, and shall be effective within the City Limits of the City of Okeechobee,
Florida.
SECTION 2. AUTHORITY.
This City of Okeechobee Small Scale Development Activities Comprehensive Plan
Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part 11,
Florida Statutes.
SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP.
1 The following described land consisting of approximately 2.5 acre(s) is
hereby redesignated for purposes of the Future Land Use Map of the City of
Okeechobee Comprehensive Plan:
a. Application No. 04-001-SSA, from Residential Single -Family to
Commercial. The Legal Description of Subject Property is as follows:
Beginning at the Southwest comer of Lot 1 of River Run Resort,
according to the Plat of said River Run Resort as recorded in Plat
Book 6, Page 18, Public Records of Okeechobee County, Florida.
Run Thence South 24 degrees, 32 feet, 30 inches West along the
East right-of-way line of Taylor Creek for a distance of 263.85 feet on
a point of the North right-of-way line of State Road 70, thence run
North 89 degrees, 54 feet, 49 inches East along the North right-of-
way line of said State Road 70, for a distance of 79.29 feet to a point
of a circular arc to the left. Said curve having for its elements a
Page 1 of 2
0 0
central angle of 47 degrees, 14 feet, 49 inches and a radius of 35.00
feet, thence run along the circular arc of said curve for a distance of
28.86 feet to a point of a circular arc to the right, said curve having for
its elements a central angle of 33 degree, 50 feet, 53 inches and a
radius of 65.11 feet, thence run along the circular of said curve for a
distance of 38.46 feet to a point of tangency, thence run North 33
degrees, 45 feet, 42 inches, East, for a distance of 58.16 feet to a
point of a circular arc to the left said curve having for its elements a
central angle of 08 degrees, 18 feet, 39 inches and a radius of
1030.36 feet, thence run along the circular arc of said curve, for a
distance of 149.46 feet, thence run South 89 degrees, 49 feet, 56
inches, West, for a distance of 97.97 feet to point of beginning, lying
in and comprising a part of the Southeast one -quarter of the
Southwest one -quarter Section 15, Township 37 South, Range 35
East, Okeechobee County, Florida.
SECTION4: INCLUSIONOF ORDINANCE AND REVISED FUTURE LAND
USE MAP IN THE COMPREHENSIVE PLAN.
It is the intention of the City Council of the City of Okeechobee, Florida and it is
hereby provided, that the provision of the Ordinance, and the revisions to the Future
Land Use Map more particularly described as "Future Land Use: 2000 City of
Okeechobee, March 19, 1991, as amended December 6, 1994", which is
incorporated herein by reference, shall become and be made a part of the City of
Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as
amended).
SECTION 5: SEVERABILITY.
If any provision or portion of this ordinance is declared by any court of competent
jurisdiction to be void, unconstitutional, or unenforceable, then all remaining
provisions and portions of this ordinance shall remain in full force and effect.
SECTION 6: EFFECTIVE DATE.
The effective date for the enactment of Ordinance No. 851 shall be thirty-one (31)
days after the adoption of this ordinance.
INTRODUCED for first reading and public hearing on the 2 ND day of March, 2004.
ATTEST:
Lane Gamiotea, City Clerk
ADOPTED after first reading on the 2 nd day of March, 2004.
ATTEST:
Lane Gamiotea, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
James E. Kirk, Mayor
James E. Kirk, Mayor
Page 2 of 2
0
CITY OOKEEC140BEE
Buffiling and Zpning Department
COMPREHENSIVE PLAN MAP AMENDMENT APPLICATION
Pfease check one:
�Ifn all Scale Amendment (Under 10 Acres) QLarge Scale Amendment (Over 10 Acres)
Name of Property Owner
MailingAddress tt-745-Z plf:) �s r- I Do*--) PLAC-a - LAKQ, ",r,rH
Home Telephone I - 9 La -7 - Z -7 S Z Work Telephone
Name of Applicant, *If other than owner, (relationship) LocrAyj 0c) AaCk
1�-ICT-YJ1 I
Applicant Mailing Address E-L - 'P,4 K V- C)"s r-4"jj.F r-F: L .3 q u.&-
Home Telephone ,to-7- tp4..,s Worl(Telephone
Property Address/Location X0-1 ?*-5-F-. PARv- -5-C.
A- 119 - 3-) -.3-5- - % A44 zbop
Property Parcel Number -,3,6 A
Current Zoning Designation Htavq commorami ( 0, H V)
Current Future Land Use Designation Smqt� Fam \ U-�
Existing Use of the property "nAlklff- 640k(P- 64,-'ei:5
Proposed Future Land Use Designation COMM-V C-t-c�- L
Proposed Use of the Property &40131 -r- 4--1^ 1-4 F- --,,A L-E-S
Size of Property (in acres) -7. (;-
Description of Surrounding Properties --ar-iropm-rit-I& B=V-Pf-^
'Pre.Df-F-sz-r-y Aeemai r-rc
Legal Description of Property (Lengthy Description May Be Attached)
Required Attachments:
• Survey of Property (11" x 14", 20" Scale)
• Letter Outlining Request
• *Notarized Letter of Owner's Authorization
'n
Signature :7_
* Application Fee $500.00
* City Location map
Date 1- 2 .2 - 0 ��
Thomas R. Browning
4752 Poseidon Place
Lake Worth, Florida 33463
January 26, 2004
City of Okeechobee
55 S.E. 3rd Aveune
Room 101
Okeechobee, Florida 34974-2903
To Whom It May Concern:
1, Thomas R. Browning, owner of property located at 807 N.E. Park Street, Okeechobee, Florida, hereby gives
permission to James E. Logan, to be my local contact person pertaining to the rezoning of the above mentioned
property -
If you require anything else, please let me know.
State of Florida
County of Okeechobee
Apggom� in�trumen wa 2004 by
t s acknowledged before irne this day
lie of
pro '?
who is personally known to me dk d
as idcritification.
Sigdature of Notary
IV I � I FREDERICK N. WEIMER
My COMMISSION # CC 972009
PIRES: Oclob*25, 2004
EX
80nd8d Thlu Not "Y Public Undemnt.,
M
0 0
Statement ofInterest for Centrat Mobile Homes of Okeechobee, rne.
The property currently locatedat 907 N.E. Park Street in Okeechobee, Florida is used for
mobile home and modular home sales. The City of Okeechobee has an
existing non -conforming land use at this location. Therefore, a change in the Future Land
Use from Single Family to Commercial is needed. The change in Future Land Use would
provide for the sale or storage of new and used goods, including building and farm
equipment, materials and mobile homes.
There is no intended development or changes planned for the property. The property Win
continue to be used for the display and sales of mobile homes and will employ eight
employees- Hours of operation are 8:30 AM. — 530 R.M, MondaY throughThursday,
9:30 A.M. — 5:00 P.M. on Friday, 9:00 A. M. — 2:00 P.M. on Saturday, and 12:00 P.M. —
3.00 P.M. on Sunday.
I- Ate - 0 If
Date
E
K]
RIVER RUN RESORT
I I PBF
POINT OF PEGINNIG 3 W
Jr.. PBS
'SCALE V-40"
OR BOOK 216 PAGE 629
AAEA- 47Z ACRES
OFF I CE
Pas
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'gas
41
RBS
Pas
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79.28' 72.49'
STATE ROAD NO.70
WRTH PARK AVENUE
LELAND DYALS
P. L. S. 2084
304 S. N. 3rd Ave., Okeechobee. Fla.
FNM .... 70-41M PAX .... An
N89' 49' 56" E 418. 85'
SK CORNER
RBF N89' 49'56'E 185. 03' LOT 34 RBF
RBF I
265.72'[Dl
S690 54' 52" W 529. 14'
11million DATE Ir
OP BOOK 287 PAGE 1601
AREA-1.83 ACRES
MOBILE HOME LOT
POINT OF SE61NN16
85' RBS
377 78' ( 011
377. 38'1 F1
lCurve - PAdlus Delta
Length
TanW Chard/Org
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74. 8V 14& 3r 1129-36-M OE
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CS 15. It' 3r4W2V
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LEGEND
RBF - Rebar Found
R13S - Pebar WICap Set
IPF - Iron Pipe Found
CMF - Concrete Monument round
PRm - Permanent Reference Monument
(PI - As per the plat OF
(FJ - Field Measurement
(0) - As per the deed
( C) - Calculation
NOTES: 1. Basis bearing NORTH PROPERTY LINE
2. Bearings shown PER PLAT OF RIVER RUN
3. Not valid without the signature and the original raised
seat of a Florida licensed surveyor and mapper
4. Description furnish by owner
STREET ADDRESS:
607 NE PARK STREET
CERTIFIED TO:
CENTRAL MOBILE HOMES OF OKEECHOBEE
SURVEY OF'
BEGINNING AT THE SOUTHWEST CORNER OF LOT I OF RIVER RUN
RESORT. ACCORDING TO THE PLAT OF SAID RIVER RUN RESORT
AS RECORDED IN PLAT BOOK 6, PAGE18. PUBLIC RECORDS OF
OKEECHOBEE COUNTY. FLORIDA ' RUN THENCE SOUTH 24*32'30-
WEST ALONG THE EAST ntGHT-OF-HAY LINE OF TAYLOR CREEK
FOR A DISTANCE OF 263.85 FEET TO A POINT ON THE NORTH
RIGHT-OF-WAY LINE OF STATE ROAD 70, THENCE RUN NORTH 69*54'49'
EASr--ALQNG TI , 4E NORTH RI-GHT-of-ffAY LINE OF-SAIO STATE ROAD 70,
FVJ! A DisfANcE or'79.29 FtET—TO A POINt OF A CIRCULAR ARC TO
THE LEFT SAID CURVE HAVING FOR ITS ELEMENTS A CENTRAL ANGLE
OF 47*14'49' AND A RADIUS OF 35.00 FEET, THENCE RUN ALONG THE
CIRCULAR ARC OF SAID CURVE FOR A DISTANCE OF 28.65 FEET TO A
POINT OF A CIRCULAR ARC To THE RIGHT. SAID CURVE HAVING FOR ITS
ELEMENTS A CENTRAL ANGLE OF 33'50'53' AND A RADIUS OF 65.11 FEET,
THENCE RUN ALONG THE CIRCULAR OF SAID CURVE FOR A DISTANCE OF
38.46 FEET TO A POINT OF TANGENCY. THENCE RUN NORTH 33*45'42'
EAST FOR A DISTANCE OF 58.f6 FEET TO A POINT OF A CIRCULAR ARC
TO THE LEFT SAID CURVE HAVING FOR ITS ELEMENTS A CENTRAL
ANGLE OF 08*18'39' AND A RADIUS OF f03O.36 FEET, THENCE RUN
ALONG THE CIRCULAR ARC OF SAID CURVE, FOR A DISTANCE
OF 149.46 FEET�OTHENCE PUN SOUTH 69*49'56' WEST, FOR A DISTANCE OF
97.97 FEET TO INr OF BEGINNING. LYING IN AND COMPRISING A PART
OF THE SOUTHEAST ONE QUARTER OF THE SOUTHWEST ONE QUARTER
SECTION 15. TOWNSHIP 37 SOUTH. RANGE 35 EAST. OKEECHOBEE COUNTY.
FLORIDA.
BEGINNING AT THE SOUTHEAST CORNER OF RIVER RUN RESORT,
ACCORDING TO THE PLAT OF SAID RIVER RUN RESORT. AS RECORDED
IN PLAT BOOK 5. PAGE 18, PUBLIC RECORDS OF OKEECHOBEE COUNTY.
FLORIDA. RUN THENCE 50 DEGREES 10' 04- CAST ON AND ALONG AN
EXTENSION OF THE EAST BOUNDARY LINE OF SAID RIVER RUN RESORT,
FOR A DISTANCE OF 240.45 FEET TO A POINT ON THE NORTH RIGHT OF
WAY / LINE OF STATE ROAD 70, THENCE RUN SOUTH 89 DEGREES 49' 56'
WEST ALONG SAID RIGHT OF WAY LINE, FOR A DISTANCE OF 377 7B FEET
TO A POINT OF A CIRCULAR ARC TO THE RIGHT SAID CURVE HAVING FOR
ITS ELEMENTS A CENTRAL ANGLE OF 47 DEGREES 14' 49* AND A RADIUS
OF 35.00 FEET, RUN THENCE ALONG SAID CIRCULAR FOR A DISTANCE
OF 28.86 FEET. TO A POINT OF A CIRCULAR ARC TO THE RIGHT. SAID CURVE
HAVING FOR ITS ELEMENTS A CENTRAL OF 33 DEGREES 50' 53* AND A
RADIUS OF 15.11 FEET. THENCE RUN ALONG THE CIRCULAR ARC OF SAID
CURVE FOP A DISTANCE OF 8.92 FEET TO A POINT OF TANGENCY, THENCE
RUN NORTH 33 DEGREES 45' 42' EAST FOR A DISTANCE OF 58.16 FEET.
TO A POINT OF A CIRCULAR TO THE LEFT. SAID CURVE HAVING FOR ITS
ELEMENTS A CENTRAL ANGLE OF 09 DEGREES 34' 33' AND A RADIUS OF
1060.36 FEET, THENCE RUN ALONG THE CIRCULAR ARC OF SAID CURVE
FOR A DISTANCE OF 180.56 FEET TO A POINT ON THE SOUTH BOUNDARY
LINE OF THE AFORESAID RIVER PUN RESORT. THENCE RUN NORTH
69 DEGREES 49' 56' EAST ALONG THE SOUTH BOUNDARY LINE OF SAID
RIVER RUN RESORT FOR A DISTANCE OF 265.72 FEET TO POINT OF
BEGINNING LYING IN AND COMPRISING A PART OF THE SOUTHEAST ONE
QUARET OF THE SOUTHWEST ONE QUARTER OF SECTION 15, TOWNSHIP
37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA.
CERTIFICATE OF SURVEY
I HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOWN HEREON WAS PREPARED
UNDER MY DIRECTION AND SUPERVISION.
LELikb NiLs. E� 6�
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A--GRNDA
IV. New Business.
A. Comprehensive Plan, Future Land Use Map Amendment Application No. 04-001 -
SSA. Consider a recommendation to the City Council, to change the land use
designation from Single Family to Commercial located at the 807 NE Park Street.
The property owner is T.R. Browning, James Logan acting as agent on behalf of
the property owner. - Exhibit 1.
February 24,2004 - Land Planning Agencv - Page 2 of 3
A ON VOIX
M - 01$6� -
Summary of Application: T.R. Browning, property owner, is requesting a Small Scale
Comprehensive Plan, Future Land Use Map Amendment to change the current future land use of
Single Family, to the proposed future land use of Commercial. There has been commercial
operations at this location for several years, however due to the opening of a new business at this
location it requires that the property owner bring the property into compliance with the City Codes.
Bringing the property into compliance requires the Small Scale Comprehensive Plan Future Land
Use Map Amendment, as well as a Special Exception to allow for the outdoor sales and storage
of mobile homes in a Heavy Commercial (CHV) zoning district.
Jim LaRue, City Planning Consultant, briefly explained the Planning Report to the Agency
members.
Planning Staff Report Summary: The matter for consideration by the City of Okeechobee Board
ofAdjustment is an application requesting a Small -Scale Comprehensive Amendment from Single
Family Future Land Use to Commercial. Mr. LaRue commented for the record that this application
was being considered by the Land Planning Agency, not the Board of Adjustments as stated in the
Staff Report.
Planning Staff Report Analysis: (A) Yes, Commercial land use allows outdoor sales and storage
as a special exception under Heavy Commercial. The existing use in consistent with Commercial
Future Land Use policies. (B) Yes, Sewer and water are available to the property. (C) Yes, the
property to the East, across N.E. 8dAvenue, is also owned by T.R. Browing with outdoor trailer
sales already being sold on the lot. The other surrounding properties that front Park Street are
Commercial in nature. (D) Surface water retention needs to be addressed to determine if owner
has adequate area to retain run-off on property, not allowing storm water retention needs to be
addressed. The property must have adequate area to retain stonn water and not allow run-off into
Taylor Creek. These concerns can be addressed through an approved Site Plan.
Planning Staff Report Recommendation: The Small Scale amendment is recommended for
approval consistent with the above comments.
There were no comments from the Agency, and no public conunents.
E
February 24,2004 - Land Planning Agency - Page 3 of 3
'SSW VO
AGE"A AC ---PO -,D - -11
-N ISCU
IV. New Business, continued.
A. Comprehensive Plan, Future Land Use Map Amendment Application No. 04-00 1 -
SSA, continued.
0
V. Adjournment- Chairperson
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning
Agency with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and
for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department.
Jerry Walker, Chairperson I
ATTEST:
Katrina Vinson, Secretary
Agency Member Ledferd motioned to recommend to the City Council to approve Comprehensive
Plan, Future Land Use Map Amendment Application No. 04-001-SSA including the comments
made by Planning Staff; seconded by Agency Member Hoover.
VOTE
CREECH - YEA
HOOVER - YEA
KELLER - YEA
LEDFERD - YEA
MCCOY-YEA
WALKER - YEA
MOTION CARRIED.
There being no further items on the agenda Chairperson Walker adjourned the meeting at 7:20 p.m.
1375 Jacksoloeet, Suite 206
Fort Myers, FMrida 33901-2845
Phone: 239-334-3366 Fax: 239-334-6384
Email: larue-planningpatt.net
ftff Report - Small Scale
Comprehensive Plan
Amendment
P�Twudfbr.- 7he City of0keechobee
Applicant James E Logan
From: Single Family to Commercial
Pefifion No. 04-001-SSA
Staff Report
Small -Scale Comprehensive Plan Amendment
Owner: T.R. Browning
Owner Address: 4752 Poseidon Place
Lake Worth, FL 33463
Applicant: I James E. Logan
0
Applicant: James E. Logan
Petition No. 04-001-SSA
IApplicant Address 807 N.W. Park Street
I Okeechobee, FL 34972
Applicant Phone Number 1561-967-2758
Future Land Use Map Single Family Commercial
Classification I
Zoning District Heavy Commercial Heavy Commercial
Use of Property Mobile Homes Sales Mobile Homes Sales
Acreage 10.472 0.472
Access i N.E. Park Street
Location: 807 N.E. Park Street, Okeechobee, FL 34972
Legal Description: Beginning at the southwest comer of lot I of River Run Resort,
according to the plat of said River Run Resort as recorded in plat book 6, page 18,
public records of Okeechobee County, Florida, ran thence south 24* 32'30" west
along the east right-of-way line of Taylor Creek for a distance of 263.85 feet to a
point on the north right-of-way line of State Road 70, thence run north 89' 54'49"
east along the north right-of-way line of said State Road 70, for a distance of 79.29
feet to a point of a circular arc to the left. Said curve having for its elements a central
angle of 47' 14'49" and a radius of 35.00 feet, thence run along the circular arc of
said curve for a distance of 28.86 feet to a point of a circular arc to the right, said
curve having for its elements a central angle of 33' 50'53" and a radius of 65.11 feet,
thence run along the circular of said curve for a distance of 38.46 feet to a point of
tangency, thence run north 33' 45'42" east for a distance of 58.16 feet to a point of a
circular arc to the left said curve having for its elements a central angle of 080 18'39"
and a radius of 1030.36 feet, thence run along the circular arc of said curve, for a
distance of 149.46 feet, thence run south 89' 49'56" west, for a distance of 97.97 feet
to point of beginning, lying in and comprising a part of the southeast one quarter of
the southwest one quarter section 15, township 37 south, range 35 east, Okeechobee
County, Florida.
Request: I
The applicant is requesting property to be changed from a Single Family Future Land Use
category to Commercial in order to conduct outdoor sales/storage of manufactured
homes.
0 0
Staff Report Applicant: James E. Logan
Small -Scale Comprehensive Plan Amendment Petition No. 04-001-SSA
Adjacent Future Land Use Map classifications and Zoning Districts:
North: Future Land Use Map Classification: Single Family
Zoning District: Residential Mobile Home (RMH)
Existing Land Use: River Run Resort
East: Future Land Use Map Classification:
Zoning District:
Existing Land Use:
South: Future Land Use Map Classification:
Zoning District:
Existing Land Use:
West: Future Land Use Map Classification:
Zoning District:
Existing Land Use:
Commercial
Heavy Commercial (CHV)
Vacant
Residential Single Family (RSF I)
Taylor Creek Manor, Royals OK
Lunch, Inc.
Commercial
Heavy Commercial (CHV)
Taylor Creek, across creek Single
Family Residence, Truss
Company
The matter for consideration by the City of Okeechobee Planning Board is an
application requesting a small-scale comprehensive amendment from Single Family
Future Land Use to Commercial.
A. Consistency with the Land Use Categories and Plan Policies.
Yes, Commercial land use allows outdoor sales and storage as a special exception
under Heavy Commercial. The existing use is consistent with Commercial Future
Land Use policies.
B. Concurrency of Adequate Public Facilities
Yes, Sewer and water are available to the property.
C. Compatibility with Adjacent and Nearby Land Uses
Yes, the property to the East, across N.E. 8 th Avenue, is also owned by T.R.
Browning with outdoor trailer sales already being sold on the lot. The other
surrounding properties that front Park St. are Commercial in nature.
2
0 0
Staff Report Applicant: James E. Logan
Small -Scale Comprehensive Plan Amendment Petition No. 04-001 -SSA
D. Compliance with Speciflc Standards of the Plan.
Surface water retention needs to be addressed to determine if owner has adequate area
to retain run-off on property, not allowing storm water retention needs to be
addressed. The property must have adequate area to retain Storm water and not allow
run-off into Taylor Creek. These concerns can be addressed through an approved Site
Plan. (see attached policies)
I Analysis and Conclusions
The Small Scale amendment is recommended for approval consistent with the above
comments.
Submitted by:
James G. LaRue, AICP
February 17, 2004
3
9
0
ExHiBrr 2
MARCH 2,2004 AGENDA
Exhibit 2 consists of an extensive set of plans, which are on file in the
Administrator's office. A complete set will be provided at the meeting.
The Okeech&ee News
P.O. Box 639, Okeechobee, Florida
(863) 763-3134
Published Daily
STATE OF FLORIDA
COUNTY OF OKEEC
�C
EIV
4
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E
13 6
3 A IFINAL PLAT
:P T
to E R A F1
No ral
Crald A. Smith d
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FE13 26 2m
Punuu.
C�NSIO
I,,-NOTICEOC dA i an�
Before the undersigned authority personally appXW��
Judy Kasten, who on oath says she is Publisher of the Okeecholklnu
News, a DAILY Newspaper published at Okeechobee, inTft-tad
Okeechobee County, Florida; that the attached copy of advertise- 3372,
ment, being a
in the matter of
c"
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 advertisem nt for publication in
the said newspaper.
7
Sworn too nd s ribed me this
to P
day of
—u -. A.D. 20 —
Notary Public, State of Florida at
X�—
COMMERCE CENfER
has Med a Rnal
on b" Of the
NIG will be'hd
12;
the pro ct W all proi�sw uift Is. A. C,ky C&Mwee
lark tcludeofficebuNingsandirbidustrialuses.
ses Vclude: Multl�phase, Phise 1 to mkide roadways,
0, sanAW sewer, Oft station, drainage system and or- '
utc. The subject properl Is *Kadm y 124.1
It M �a�%
I East to Northeast 15 venue, North I==
roperty. and more rularly described as: AN that part
Warter (11�4 ast C
1. "g st of Taylor Creek and WOW the
Railroad; L Northwest=/4 the Northeast
of *
in that pan Of the South% r LIA)"ot
.4) of the No*-
ving North of the Seaboard Coastline i dill In S&
Ida. Being more particularly described as
dary line ofthe Northwest 1/4 of the North dis-
tance of 97.45 feet to the rd of be g I n n In g; Vce' coofn=Sol Sag ffi-�,
greed, 23 feK 9 Inches Woest along said North boundary In of the Nmj�-
w 14 of the Northeast 1/4 of Won 15, nce 6f 1,246.11 fed to
th:ohlolrth 114 comer of Section 15; Theme =89 degrees, 23 f9K'9
Inches West along the North Boundary fine of the Northwest 1/4 of said
section 15, a distance of 1,802.64 feet to the Intersection vftthe-Eq.s"
,line of Taylor Creek watershed easen". according to the plat therebt re-
corded In Plat Book 3, Page 26, of the Public Recordo,'of . Okeechobee,
.Courg, Floncla, I
Iald E. Taylor C EaSeInent no, d Of .86- , to
bjn4n"gof a curve to In said easement Ins, said curve being concave
"I
;to a havi a radius of 190.00 feet and a central angle of 59 de-
rareas, In
rr7feet' 3591 ches; Thence S arc of imid curve, a
i"" ce I ' .28 to the and afrid "curvVUe South 28 degrees
14 f* 33 Inches -East, continuing along said Eas" Ine,' a distance R *
208.83 feet Thence North 89 degrees, 2, feet with
rt ' inches P' dis-
the aforesaid North Boundary line of the No hwest 114 col ON t
.5 .
tance of 324.62 feet Thence South 0 36 feet, Inches Eact,
endicular to the =Iinizurse =6e of 232.67 fast Theme
'rg% 8
0 9
de re, 2 feet, I ches eat perpendicular to the preceding
course, a dig
stan�
a of 513.00 fedt Thence Willi 0 degrees 36 fak 51
Inches, West perpendicular to the freceing cou%, ta iWsWa of 400,
feet Thence North 89 deVees, 23 eat, 9 Inches F parallel with and
260.00 feet South of (as measured at right angles to) the aforesaid Nordl
Bound* fine of Section 15, a distance of 2,148.74 feet; Thou Noah Q
degrees, 35 fast, 11 Inched Wast, a distance of 250.00 fedtothe Intersed-
tion d North Boundary line of the Northwest 1/4 of the Nort 1/4
of S=
1
5afid the point of begInnIn4.'SaId lands situale In the Cky of
Okeechobee, Pkeechobee County, Florkla containing 124.10 acres more
or less.
PLEASE TAKE NOTICE AND BE APVISED that If any person dealred to W
= declsion Mide tiy the City Council with any mAK con-'
aid . at this hearing such Intwasted pemon=neg a record of the
proceedings, and for Ech p need to ensure a verbatim record
,of the proceedings Is madi,== Includes the testimony *W qVI-
,dence upon which tIp Ipeal Is to be based.. City Clerk "a are for M4
sole'PuMose of backup or official records of the Clerk.
In accordance with the Americans with Disability Act (ADA) and Flohd
statutes 286, a with disabiftes needing special accommodatiorl
26'=eeding should'contact. Lane Gamlotes, no I"
to participate In
lhan,1*0 (2
working days prior to the proceedij at �63)763-3372, ex-
W
tension I If h or voice impaired, cal TO 14W222r3448
(voice) 00-888 4 .5 ?0 (rTY).
Lam Gamlotea, CITY CLERK
7
445416-ON 205,25/04
Mm—en R. Brown
"N
-Commission #DD272118
Expires: Jan 17, 2008
Bonded Thru
Atlantic Bonding Co , Inc
LARuE PLANNING & MANAGEMENT SERVICES,, Inc.
1375 Jackson Street, Suite 206
Fort Myers, Florida 33901-2845
239-334-3366 - FAX: 239-334-6384
e-mail: larue-planning@att.net
www.larue-planning.com
Memo
To: Bill Veach, City Administrator
From: James G LaRue, AICP
Date: February 23, 2004
Subject: Okeechobee Commerce Center — Final Plat Review
The Preliminary Plat for this property was approved February 17, 2004. At that time all
of the planning and zoning requirements were met, or conditions were placed on the approval to
make sure compliance was assured. Therefore, Planning and Zoning Staff has no additional
comments for the Final Plat as long as the Subdivision requirements for final approval have been
met.
JGL:bc;
Attachments:
January 14, 2004 Memo on Preliminary Plat
January 16, 2004 Memo on Preliminary Plat
0
0
LARuE PLANNING & MANAGEMENT SERVICES, Inc.
1375 Jackson Street, Suite 206
Fort Myers, Florida 33901-2845
239-334-3366 - FAX: 239-334-6384
e-mail: larue-plaming@att.net
www.larue-planning.com
Memo
To: Kaftina Vinson
From: James G LaRue, AICP
Date: January 14, 2004
Subject: City of Okeechobee Commerce Center
This memo is in regard to your request for the proposed plat of the City of Okeechobee
Commerce Center. According to L.C. Fortner of the Okeechobee Utility Authority (OUA) there
are probably public potable water wells within 300' of the north property lines of lots 6, 13 and
14. Per Comprehensive Plan Policy 7.5a: "The City's land development regulations shall
designate a protection area of 1,000 feet in radius from each public potable water well as the
wellfield protection zone. The first 300 foot radius closest to the well shall be a zone of
exclusion, where no development activities shall be permitted except that relate with water
supply provision..." Because of this provision, the northern three (3) lots cannot be used. This
policy and other Land Development Regulations need to be followed because of the close
proximity of the OUA well.
Furthermore, some of these lots such as 14 and 15, do not have direct street
access/frontage. This is a requirement of the City's Subdivision Regulations. The cul-de-sacs
need to be checked by the City's emergency personnel to determine if there is adequate turn-
around capacity.
KEH/th
0
0
LARuE PLANNING & MANAGEMENT SERVICES, Inc.
1375 Jackson Street, Suite 206
Fort Myers, Florida 33901-2845
239-334-3366 - FAX: 239-334-6384
e-mail: larue-planning@att.net
www.larue-plaming.com
Me o
To: Bill Veach
From: James G LaRue, AICP
Date: January 16, 2004
Subject: City of Okeechobee Commerce Center
This memo is in regard to your request for the proposed plat of the City of Okeechobee
Commerce Center. As an update to our previous memo the following information is provided:
1. All lots in the Subdivision seem to have been provided public street frontage or
are planned to have that access.
2. All policies concerning well protection must be adhered to (see attachment). Lots
6, 13, & 14 cannot be built upon until the present O.U.A. wells are relocated or
abandoned.
3. All cul-de-sacs and/or turn-arounds must be staff approved for emergency access.
KEH/th
0 0
DECLARATION
of
Protective Covenants, Restrictions, Reservations,
Servitudes and Easements
Affecting
OKEECHOBEE COMMERCE CENTER
THIS DECLARATION is made by Okeechobee City Council in and for the City of Okeechobee,
Florida; (hereinafter referred to as "Declarant").
WITNESSETH:
WHEREAS, Declarant is the owner of certain real property located at OKEECHOBEE
COMMERCE CENTER in the County of Okeechobee, State of Florida, and
WHEREAS, the real property is more particularly described by the plat thereof; (see attached Exhibit
A).
WHEREAS, Declarant is desirous of subjecting certain real property to the protective covenants,
restrictions, reservations, servitudes, and easements hereinafter set forth, each and all of which is and are for
the benefit of said property and of each present and future tenants thereof, or any part thereof.
WHEREAS, the purpose of these Covenants and Restrictions is to establish uniform standards of
development quality for Light Industrial, Commercial, Research, and Office park known as OKEECHOBEE
COMMERCE CENTER.
NOW THEREFORE, Declarant does declare that certain real property be subject to the covenants,
restrictions, reservations, servitudes and easements hereinafter set forth as follows:
PARAGRAPHI.
Definitions, Property Rights, Covenants for Maintaining Assessments,
Maintenance and Repairs, Architectural Contro� and
Application of Environmental Protection
DEFINITIONS
The following words, when used in this Declaration shall have the following meaning:
A. Industrial Park shall mean the "OKEECHOBEE COMMERCE CENTER" , and shall
initially consist of the those lots as indicated on the plat attached as exhibit "N'; and may be
expanded by the addition of one or more similar tracts of lands C'Additions") which may be
developed by the City of Okeechobee, as more particularly provided in this section.
Page I of 21
1. Each Addition shall be contiguous to either the platted Park, or a prior Addition to
Industrial Park. As used herein, the term "contiguous" shall be used to describe two
properties which have a common boundary line or which are separated by one or a
combination of streets, roads, highways, sidewalks, paths, alleyways or other
thoroughfares, together with medians and other dividers.
2. Each Addition shall have a name which includes the name "OKEECHOBEE
COMMERCE CENTER", and additional words which distinguish the Addition to
Industrial Park from the initial platted Park, and the other Additions to Industrial
Park.
The Declaration of Covenants and Restrictions with respect to the Addition shall be
in substance substantially the same as the Declaration with respect to the initial
platted Park, unless approved by the city council in and for the City of Okeechobee.
As used in this Declaration the terms "Plat" and "Declaration" shall include not only
the original of a Plat or Declaration, but also any and all amendments thereto.
B. Common Area shall mean and refer to all real and/or personal property which the City of
Okeechobee own, or hereafter sell or lease, and will for the common use and enjoyment of the
grantees, tenants, or lessees of OKEECHOBEE COMMERCE CENTER, and all real and/or
personal property within or in the vicinity of the industrial Park in which the City of
Okeechobee has an interest for the common use and enjoyment of the members of
OKEECHOBEE COM!MERCE CENTER, including without limitation, a right of use (such
as, but not limited to, easements for surface water collection and retention). The use of the
Common Area shall be restricted to Park landscape, entry features, directional graphic system,
drainage, landscape medians, security, safety, pedestrian/bicycle paths, roads, project lighting
and recreational purposes or any other use to which a majority of the grantees, tenants, or
lessees of the OKEECHOBEE COMMERCE CENTER may accede.
C. Lot shall mean and refer to any parcel of the Property in the Industrial Park, together with any
and all improvements thereon, and identified as such on the Plat, on which and industrial,
office or other structure according to the terms of this Declaration could be constructed
whether or not one has been constructed, and shall include any "combination lot" described
herein.
D. Industrial Park or Property shall mean and refer to all properties which are subject to this
Declaration, more specifically described in Exhibit"A".
II. PROPERTY RIGHTS
Every owner, grantee, tenant, or lessee shall be a member of the Association (as provided in
III, below), as shall each grantee, tenant, or lessee with respect to each Addition to Industrial Park.
Every Member of the Association shall have a right and easement of enjoyment in and to the Common
Area which shall be appurtenant to and shall pass with the title of portions of the Property, subject to
the following:
Page 2 of 21
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A. Rules and regulations governing use and epjoyment of the Common Area adopted by the
Association; and
B. Restrictions contained on any and all plats of all or any part of the Common Area or filed
separately with respect to all or any part of parts of the Property.
Ell. COVENANTS FOR MAINTAR'QNG ASSESSMENTS
A. Creation ofthe Lien andPersonal Obligation ofAssessments. Each tenant, grantee, or lessee
of any portion ofthe Property from time to time constituting a Lot, as said term is hereinabove
defined (by acceptance of a lease for such portion of the Property, whether or not it shall be
so expressed in any lease or other conveyance) including any purchaser at ajudicial sale, shall
be deemed to covenant and agree to pay to the Association any annual assessments or other
charges, and any special assessments to be fixed, established, and collected from time to time
as hereinafter provided. All such assessments, together with interest thereon from the due date
at the maximum rate allowable by law and costs of collection thereof (including reasonable
attorney's fees), shall be a charge on the Lot and shall be a continuing lien upon the Lot(s)
against which each such assessment is made, and shall also be the personal obligation of the
tenant, grantee, or lessee. No tenant, grantee, or lessee may waive or otherwise escape liability
for the assessment provided for herein by non-use of the Common Area or by abandonment.
No portion of any Property which does not constitute a Lot as that term is defined herein will
be liable for any annual or special assessment under this section.
B. Purpose of,4ssessments. The annual and special assessments levied by the Association shall
be used exclusively for the purpose of promoting the health, safety, security, and welfare of
the tenants, grantees, or lessees of Lots included in the OKEECHOBEE COMMERCE
CENTER (the Industrial Park and Additions) and in particular for the improvements and
maintenance of the Common Areas of the OKEECHOBEE COMMERCE CENTER and of
any easement in favor of the Association, including, but not limited to, the cost of taxes,
insurance, labor, equipment, materials, management, maintenance, and supervision thereof,
for the purpose of maintaining or improving the entrance -way to the OKEECHOBEE
COMMERCE CENTER, for planting trees and shrubbery in the care thereof within a public
right-of-way, for improving and maintaining the entrance sign and landscaping, for improving
and maintaining the drainage system, for caring for vacant property, as well as for such other
purposes as are permissible activities of, and undertaken by, the Association.
C Special Assessmentsfor Capitallinprovements andMajor Repairs. In addition to any annual
assessments, the Association may levy in any assessment year a special assessment, applicable
to that year only, for the purpose of defraying in whole or in part, the cost of any construction,
reconstruction, unexpected repair or replacement of a capital improvement as approved by the
Okeechobee City council for the City of Okeechobee, including the necessary fixtures and
personal property related thereto, provided that any such assessment shall have the assent of
two-thirds (2/3) of the tenants, grantees, or lessees.
Page 3 of 21
D. Duties of the City councilfor the City of Okeechobee. The City of Okeechobee shall fix the
date of commencement, and the amount of the assessment against each tenant, grantee, or
lessee for each assessment period at least thirty (30) days in advance of such date or period
and shall, at that time, prepare a roster of the Lots and assessments applicable thereto which
shall be kept in the office of the Clerk of Court and shall be open to inspection by any tenant,
grantee, or lessee. Written notice of the assessment shall be sent to every tenant, grantee, or
lessee subject thereto not later than seven (7) days after fixing the date of commencement
thereof.
The Association shall, upon demand at any time, fin-nish to any tenant, grantee, or
lessee liable for said assessment, a certificate in writing signed by the Mayor of the City
council for the City of Okeechobee, or their designee, setting forth whether said assessment
has been paid.
E. Exempt Property. The City council for the City of Okeechobee shall have the right to exempt
any property subject to this Declaration from the assessments, charge, or lien created herein
provided that such part of the Property exempted is used (and as long as it is used) for any of
the following purposes:
I As an easement or other interest therein dedicated and accepted by the City Council
for the City of Okeechobee and devoted to public use;
2. As Common Area as defined herein;
As Property exempted from ad valorem taxation by the laws of the State of Florida,
to the extent agreed to by the Association.
Notwithstanding any provisions herein, no Property devoted to Light Industrial,
Commercial, Research, Office Park, Residential or Related Use of commercial use shall be
exempt from said assessment, charges or lien.
IV. MAINTENANCE AND REPAIRS
A. Tenant, grantee, or lessee will be responsible for the maintenance, repair, and upkeep of the
premises and shall keep the premises, including the fencing, landscaping, gutters, downspouts,
exterior building surfaces, yard maintenance, and painting in good order and repair. The
landscaping shall be installed and maintained in accordance with the Architectural Planning
Criteria, a copy of which can be obtained from the Okeechobee City Clerk.
Page 4 of 21
0 0
V. ARCHITECTURAL CONTROL
A. Necessity ofArchitectural Review andApproval No improvement or structure of any kind,
including without limitation, any building fence, wall, sign, site paving, grading Parking and
building additions, alteration, screen enclosures, sewer, drain, disposal system, decorative
building, landscaping, landscape device or object, or other improvement shall be commenced,
erected, placed or maintained upon any Lot or the Property, nor shall any addition, change or
alteration therein or thereof be made, nor any Industrial Park platting or replatting of any Lot
or Lots, or the Property be made unless and until the plans, specifications, and location of the
same shall have been submitted to and approved in writing by, the technical review committee
representing the City council for the City of Okeechobee. All plans and specifications shall
be evaluated as to harmony of external design and location in relation to surrounding
structures and topography and as to conformance with the Architectural Planning Criteria of
OKEECHOBEE COMNffiRCE CENTER, a copy of which may be obtained at the office of
the City Clerk.
B. ArchitecturalReviewBoard The archiwctural review and control functions ofthe Association
shall be administered and performed by the Technical Review Committee which represents
the City of Okeechobee City Council. At any timetheCity council for the City of Okeechobee
has the right to appoint members of the Technical Review Committee as provided in the land
development regulations. The City Council for the City of Okeechobee shall appoint at least
one (1) Building Contractor or inspector to the Architectural Review Board.
C. Powers andDuties ofthe Architectural Review Board. The Architectural ReviewBoard shall
have the following powers and duties.
To recommend from time to time, to the City council for the City of Okeechobee
modifications and/or amendments to the Architectural Planning Criteria. Any
modification or amendment to the Architectural Planning Criteria shall be consistent
with the provisions of this Declaration, and shall not be effective until adopted by a
majority of the members ofthe City council for the City of Okeechobee at a meeting
duly called and noticed and at which a quorum is present and voting and are present
and voting. Notice of any modification or amendment to the Architectural Planning
Criteria, including a verbatim copy of such change or modification, shall be delivered
to each member of the Association; provided that, the delivery to each member of the
Association of notice and a copy of any modification or amendment to the
Architectural Planing Criteria shall not constitute a condition precedent to the
effectiveness or validity of such change or modification.
2. To require submission to the Architectural Review Board of one (1) complete set of
all plans and specifications for any improvement or structure of any kind, including,
without limitation, any building, fence, wall, sign, site paving, grading, Parking and
building additions, alteration, screen enclosure, sewer, drain, disposal system,
decorative building, landscaping, landscape device or object, or other improvement,
the construction or placement of which is proposed upon any Lot or Property in
Industrial Park, together with a copy of any required governmental permits.
Page 5 of 21
To approve or disapprove any improvement or structure of any kind, including,
without limitation, any building, fence, wall, sign, site paving, grading, Parking and
building additions, alterations, screen enclosure, sewer, drain, disposal system,
decorative building, landscaping, landscape device or object, or other improvement
of change or modification thereto, the construction, erection, performance, or
placement of which is proposed upon any Lot or the Property in Industrial Park and
to approve or disapprove any exterior additions, changes, modifications, or alterations
therein or thereon.
VI. APPLICATION OF ENVIRONMENTAL PROTECTION
In the recorded plat, there are identified wetlands, designated as enhanced wetland 2; enhanced wetland
3; created wetland 3; enhanced wetland 4; and preserved wetland 5. It is the intent of the Declarant to provide
stringent protection of these sites in perpetuity, as recognized through a conservation deed executed in favor
of South Florida Water Management District. As such, development within this park, including the entire
acreage, with the exception of the wetlands area shall be strictly regulated to Commercial uses. Special
emphasis shall be placed on a campus design with office and appropriate business facilities with a setback of
seventy-five (75) feet from identified wetlands to protect wetlands integrity. Furthermore, the seventy-five (75)
foot setback shall serve as a buffer and be maintained in perpetuity as a conservation easement. This
conservation easement shall not be disturbed or developed as part of the OKEECHOBEE CONIM[ERCE
CENTER.
In addition, the plat designates the size and location of lots numbered 6, 13, & 14 at the initial Northern
boundary of the park, which lots are within the protected zone for wellheads as described in the city land
development regulations, and which wells are owned by the Okeechobee Utility Authority. While the wells are
presently capped, and further use is not anticipated, any development on these described lots shall not permit
or use environmentally hazardous substances that may leach into groundwater, and all development on these
lots shall be strictly regulated in the permitting process by the city of Okeechobee, whose determination of
environmental hazards shall be final, if not otherwise in conflict with state and federal regulatory agencies.
PARAGRAPH U.
Construction Uses Permitted and Prohibited
1. PLANNED INDUSTRIAL, RESEARCH AND DEVELOPMENT.
A. Purpose ofRestrictions. The Planned Industrial, Research and Development in the industrial
park is intended to provide lands for the purpose of business and industry which support the
economic base of the City and contribute to its economic growth and self-sufficiency.
Permitted uses are intended to include those businesses and industries primarily involved in
the distribution of goods and services outside of the vicinity of the city of Okeechobee. The
nature of uses shall include research, development, and manufacture of products making use
of processes of manufacturing not likely to be objectionable to neighboring properties. The
development standards of this district are intended to result in an open, uncrowded and
attractive appearance through various site design standards.
Page 6 of 21
0 0
B. Uses permitted. No building or structure, or part thereof, shall be erected, altered, occupied
or used, or land or water area occupied or used, in whole or in part, for other than one (1) or
more of the following general uses. Unless otherwise specified, all uses shall be conducted
entirely within an enclosed building. (The listing of specific uses under the generalized use
categories are intended to be illustrative rather than all inclusive.)
Manufacture of products such as:
Computer components;
Robotics;
Food processing and packaging (including aouiculture vroduCt Drocessina);
Apparel related products;
Manufacture of finish wood or concretelmasonary products;
Furniture, fixtures;
Assembled paper products;
Formulation and packaging of drugs, cosmetics, soap;
Fabricated metal products;
Light manufacturing or machinery;
Electrical equipment and components;
Transportation parts and small equipment;
Electronic systems, components and peripherals;
Optics;
Aerospace composites;
Integrated circuits;
Ceramics;
Consumer electronics;
Manufacturing technology;
Semi -conductor equipment;
Image recognition;
Medical devices.
2. Educational, scientific, industrial, and manufacturing research and development such
as:
Computer software development;
Artificial intelligence;
Medical technology;
Research and testing laboratory.
Page 7 of 21
3. Warehouse and storage buildings.
4. Corporate or business offices which serve or represent other specifically permitted
industrially related uses.
5. Sales, rental, and display of the following:
Construction equipment;
Machinery;
Monuments;
Restaurant, hotel and store supplies, fixtures and equipment;
Swimming pool supplies;
Welding equipment and supplies;
Electronic supplies;
Medical and dental equipment and supplies;
Photographic equipment and supplies;
Tires and batteries;
Sign painting;
Glass and mirrors.
6. The following services and trade establishments provided that they do not offer retail
services on the same premises. Conditional Approval may be obtained for retail
services per Section C.
Bookbinding;
Bakery;
Cutting or blending of liquor;
Cheese making;
Carpet and rug cleaning;
Diaper service;
Drapery and blind fabrication and service;
Egg storage, handling, or processing;
Food catering;
Glass and mirror shop;
Hydroponic garden;
Laundry;
Linen supply;
Machinery repair;
Magazine wholesale agency;
Motion picture studio;
Pattern making;
Printing, publishing, lithography, and engraving;
Tool, die, and gauge shop including the use of automatic screw machines;
Communication - information/data processing;
Page 8 of 21
Telecommunication;
Exterminating;
Janitorial;
Boat building and repair;
Plumbing or electrical shop;
Manufacture of powder blends, potting compounds and plastisols;
Telephone exchange.
7. The following repair and shop uses:
Awning and canvas;
Carpenter and cabinet;
Contractor shop;
Locksmith;
Sharpening and grinding;
Electronic equipment repair;
Taxidermist;
Home appliance repair;
Upholstering shop;
Lawn mower and motorcycle repair;
Furniture repair.
8. Blacksmith and welding.
9. Accessory uses and structures; including temporary living quarters not exceeding five
hundred (500) square feet in area, as an accessory to a permitted use, including, but
not limited to, hotels or motels.
10. The rental and/or storage of motor vehicles, recreational vehicles, boats, trucks and
trailers.
a. Rental and/or storage of motor vehicles, recreational vehicles, boats, trucks
and trailers subject to the following conditions.
(1) New or used motor vehicles, recreational vehicles, boats, trucks, and
trailers, offered for rent shall occupy not more than one-half (1/2) of
the lot on which the business is located.
Page 9 of 21
(2) Any business which permits the rental and/or storage of motor
vehicles, trucks, and trailers, recreational vehicles, and boats bearing
signs, painted or otherwise affixed to the vehicles which signs
advertise a franchiser or company name shall store such vehicle
within a completely enclosed building or shall provide a vehicle
storage area as set forth below. All motor vehicles, recreational
vehicles, boats, trucks, or trailers bearing such signs must be stored
within this vehicle storage area or in the enclosed building.
(3) Vehicular storage areas must be screened on all sides providing for
necessary ingress and egress by a solid eight (8) foot high masonry
wall. The landscape area outside the wall shall consist of a two (2)
foot high continuous hedge at the time of planting and a tree every
twenty (20) feet with a minimum height of twelve (12) feet and a
spread of six (6) feet at planting.
(4) All maintenance, washing, and repair must be within the enclosed
area.
11. crating, packing, distribution, shipping, and soft drink bottling, including warehouse
and storage;
12. Auto towing subject to the following conditions:
a. Vehicular storage areas must be screened on all sides providing for necessary
ingress and egress by a solid eight (8) foot high masonry wall. The landscape
area outside the wall shall consist of a two (2) foot high continuous hedge at
the time of planting and a tree every twenty (20) feet with a minimum height
of twelve (12) feet and a spread of six (6) feet at planting.
13. Commercial transportation business including taxi dispatch, and bus and tram depot.
C Conditional uses. The following uses shall only be conditionally permitted in the industrial
park subject to the procedures and requirements provided elsewhere in this Declaration and
subject to the availability of sufficient flexibility for commercial uses as permitted by the
Comprehensive Plan.
All uses listed under Paragraph H, B.(6) which are open to the general public and
offer retail services.
2. Health club and physical fitness facilities.
Page 10 of 21
0 0
3. Stores which sell or rent new or used merchandise within an enclosed building,
whether or not sold or rented to the general public.
D. Uses prohibited. Except as specifically permitted in this division, the following uses are
expressly prohibited as either principal or accessory uses:
1. Foundry.
2. Drop forging-
3. Paint or varnish manufacture.
4. Oil compounding or barreling.
5. Livery stable, riding academy, or dude ranch.
6. Meat, or poultry slaughtering
7. Manufacture of asphalt, acids, carbon, disinfectants, poison, insecticides, and
batteries.
8. No open air storage of bulk materials is allowed. This prohibition does not apply to
storage of these materials in a warehouse, or fully enclosed within a masonry wall at
least six (6) feet in height. Stockpiles cannot be visible.
9. Institution for the housing, care, or treatment of sick, indigent, aged, or minor
persons.
10. Any other residential use other than a permitted accessory use.
11. Brewery.
12. Manufacturing or any storage of explosives.
13. Any business which is obnoxious because of dust, dirt, smoke, fumes, odors, noises,
vibrations, or radioactive wastes to the extent such conditions would in the opinion
of the city significantly affect surrounding properties or uses.
14. Motor freight terminals.
E. Height. No building or structure shall be erected or altered to a height exceeding forty-five
(45) feet.
Page I I of 21
F. Setbacks.
No building or roofed structure shall be located less than fifty (50) feet from any
street line nor less than twenty-five (25) feet from any plot line other than a street
line.
2. No more than one-half (/2) of the depth of any required setback area measured from
a street line or plot line may be used for Parking and such Parking shall be located
on the half of the required setback ftu-thest from the street or front or plot line. The
balance of the setback area shall be landscaped and used for no other purpose.
All required setback areas, except where used for permitted Parking, shall be
landscaped. A required landscaped area shall not be crossed by more than the
minimum of walkways and driveways necessary for access to the building.
4. Signs, light standards, and fences shall be permitted in required setback areas as
hereinafter specified.
G. Fences and walls. All fences and walls shall be constructed of concrete, masonry, or metal.
Metal fences shall be of the open -weave, chain -link type. Fences and walls shall not exceed
ten (10) feet in height. Fences and walls shall not be located within any setback area on a
street with the exception that a double frontage plot shall be permitted to contain fences and
walls in the rear or secondary required setback area when provided with a twenty-five (25)
planting area adjacent to the street landscaped in conformance with this Declaration.
Notwithstanding the above, no fences or walls shall be located closer than fn'ty (50) feet to any
right-of-way of eighty (80) feet or greater in width.
H. Lighting. All necessary exterior lighting on the plot shall be so installed as not to cause any
nuisance to adjoining residential areas.
1. Minimum landscapedopen space. Each plot shall provide not less than twenty percent (20%)
of its area in landscaped open space.
Storage. There shall be no open outside storage of materials, supplies, products, equipment
or machinery, except automotive vehicles, unless area used for such outside storage is
effectively screened from direct view at ground level from any street or from adjacent
property.
K. Developmental standards. All developed property shall be landscaped, improved and
maintained in full conformity with all applicable requirements of the land development code.
All improved land shall be well -graded and free from underbrush and objectionable plant
growth. The fifty (50) feet closest to any public right-of-way shall be mowed periodically as
necessary to control natural grass growth. The balance of the site shall be kept free of debris
and shall not be used for storage or disposal of any objects or materials.
Page 12 of 21
All property shall be kept clean and free from rubbish or debris
All planted and landscaped areas shall be maintained in a neat, orderly, healthy, growing and
properly trimmed condition.
All buildings and structures shall be kept properly painted and protected from deterioration
and shall not be permitted to become dilapidated.
All driveways, walkways, Parking areas, storage, and loading areas of developed property
shall be well -graded and surfaced with asphaltic concrete or other equivalent hard, dustless
materials.
All electrical, telephone, gas, or other utility connections shall be installed underground.
Per
,formance standards.
I No building or structure, or part thereof, shall be erected, in whole or in part, that is
obnoxious, objectionable, a nuisance or a hazard to adjoining properties, as they
relate to sound, vibrations, odors, glare, radioactive materials, smoke and particulate
matters.
2. Building facades facing roadways shall be designed to appear to be the fronts of
buildings. This provision shall apply to comer and double frontage lots.
M. Noise. Every use shall be so operated as to comply with the maximum performance standards
governing noise described below. Objectionable noises due to intermittence, beat frequency
or shrillness shall be muffled or eliminated so as not to become a nuisance to adjacent uses.
Sound levels shall be measured with a sound level meter and associated octave band filter
manufactured according to standards prescribed by the American Standards Association.
Along property line abutting a Along property line abutting an
Octave in bands residential district between 8:00 Industrial or Commercial district
in cycles per A.M. and 6:00 P.M.* Maidmum M"mum permitted sound level
second. permitted sound level in decibels. in decibels.
0-75
72
79
75-150
67
74
150-300
59
66
300-600
52
59
600-1200
46
53
1200-2400
40
47
2400-4800
34
41
Over - 4800
32
39
Permissible sound level between 6:00 P.M. and 8:00 A.M.
shall be decreased by 3 decibels
for each of the Octave bands.
Page 13 of 21
N. Vibration. Every use shall be so operated that ground vibration inherently and recurrently
generated is not perceptible, without instruments, at any point on the property line of the
property on which the use is located.
0. Smoke. Every use shall be so operated, as to prevent the emission of smoke, from any source
whatever, to a density greater than described as Number 1 on the Ringlemann Chart, provided
however, that smoke equal to, but not in excess of, that shade of appearance described as
Number 2 on the Ringlemann Chart may be emitted for a period or periods totaling four (4)
minutes in any thirty (30) minutes. For the purpose of grading the density of smoke, the
Ringlemann Chart as published and used by the United States Bureau of Mines, and which
is hereby made, by reference, a part of this Declaration, shall be the standard. All
measurements shall be at the point of emission.
P. Fumes, gases, vapors, dusts and acids. No person shall cause or allow the escape into the
open air of such quantities of fumes, gases, vapors, dusts, and acids, in such place or manner
as to cause injury, detriment, or nuisance to the public, or to endanger the peace, comfort,
health or safety of the public, or in such manner as to cause or have a tendency to cause injury
or damage to business or property.
Tests required. Tests may be required by the Building Department or city code
enforcement officer for the purpose of the abatement of fumes, gases, vapors, dusts,
odors, etc., or any other nuisance which may be present and which may come under
the jurisdiction of the City. Such tests shall be made by the owner or his authorized
agent, at his/their expense, and they shall be made in accordance with such
procedures as may be accepted by a reputable and recognized authority such as;
American Society of Testing Materials, U. S. Bureau of Mines, U. S. Public Health
Service, the National Board of Fire Underwriters, or others. The choice of such
authority shall rest entirely with the City.
Nothing in these rules and regulations regarding tests conducted by and paid for by
the owner or his authorized agents shall be deemed to abridge the rights of the
Building Department or code enforcement officer to conduct tests of these
installations on behalf of the City.
Industrial sewage and waste. Every use shall be so operated as to prevent the discharge into
any strean-4 lake, or the ground of any waste which shall be dangerous or discomforting to
persons or animals or which will damage plants or crops beyond the lot lines of the property
on which the use is located.
R. Odors. The emission into the outdoor air of any fume, gas, dust, mist, odor, smoke, or vapor,
or any combination thereof, of a character and in a quantity as to be detectable by a
considerable number of persons or the public, at any point beyond the property limits of the
premises occupied or used by the person or persons responsible for the source thereof so as
to interfere with health, repose or safay, or cause severe annoyance or discomfort, or produce
irritation of the upper regulations.
Page 14 of 21
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S. No person shall maintain or conduct or cause to be maintained or conducted, any Parking lot
or automobile and/or truck sales lot, or use any real property for a private roadway unless
such real property is covered or treated with a surface or substance or otherwise maintained
in such a manner as to minimize atmospheric pollution.
T. Supplemental Development Regulations.
1 Buildings. Buildings constructed on any Lot included in the Industrial Park shall be
a modern design and constructed ofmodern materials. Exterior walls ofeach building
shall be finished with color -coated steel panels, built-up concrete, or equivalent
material such as concrete block with plaster or stucco finish, or brick. All exterior
walls fronting on any street shall be aesthetically pleasin& and ifconcrete block, shall
be given a veneer of either stucco, plaster, wood, or similar covering. The gross area
of any buildings located upon any lot shall be consistent with this industrial park
within each phase. When the construction of any building, is once begun, work
thereon must be prosecuted diligently and completed within a reasonable time. If for
any reason work is discontinued, and there is not substantial progress towards
completions for a continuous three (3) month period, the Developer, or its heirs and
successors, shall have the right to notify the City council for the City of Okeechobee
of its intention herein, enter the premises and take such steps as might be required to
correct an undesirable appearance.
Loading, storage, and outside storage. Each parcel of the land devoted to site
development shall provide sufficient on -site loading facilities to accommodate site
activities, and all loading movement, including turn-arounds, shall be made off of the
public right-of-way. Loading docks shall be located and screened so as to minimize
their visibility from any street or other right-of-way. Screening of service areas,
loading docks and so forth may consist of any approved combination of earth
moundin& landscaping, walls and/or fencing. No materials, supplies or equipment
shall be permitted to remain outside of any building, unless approved by the
Architectural Review Board, in writing, in advance. However, tanks, motors, and
special industrial equipment will be permitted to remain outside of any building as
long as they are screened from the street and surrounding property, or in designated
areas approved by the Architectural Review Board. Rubbish and garbage facilities
shall be screened so as not to be visible from any street or right-of-way. The
maneuvering of trucks and trailers shall be confined to the extent practicable, to the
lot included in the Industrial Park where the trucks and trailers have business. To the
extent possible, all loading and unloading of trucks and trailers shall be done on the
premises of the lot and not within the streets, and regular loading areas and facilities
shall be located other than on the street side of the buildings and not be visible from
the street to the extent practicable. Bulk storage of liquids, including gasoline, fuel
oil, other petroleum products and other liquids, shall be stored inside buildings or in
underground containers located at a depth and area approved by the Building
Department. All storage shall be in compliance with applicable governmental laws
and regulations.
Page 15 of 21
Sitefurniture. Site furniture and mechanical equipment visible from a street shall be
considered as landscape elements, and all site furniture, including exterior lighting
fixtures, shall be subject to the approval of the Architectural Review Board as
elsewhere herein provided.
4. Curb cuts. It is intended that curb cuts on boundary streets be minimized. Curb cuts
on boundary streets shall be at least one hundred (100) feet apart (Park spacing), at
least fifty (50) feet from any street intersection, and a maximum of twenty-four (24)
feet in width, unless approved by the Architectural Review Board in writing, in
advance. Joint curb cuts may be developed to serve abutting parcels and are
favorably encouraged.
5. Building/mechanical equipment. All mechanical equipment, servicing buildings,
including roof mounted equipment, shall be enclosed or screened so as to be an
integral part of the architectural design.
6. Site grading. Site grading shall be subject to the approval of the Architectural
Planning Criteria.
7. Parking. Parking on the streets in the Industrial Park is strictly prohibited. All
Parking within the Industrial Park shall only be in designated Parking areas.
8. Streets. All streets and roads shall be dedicated to the public.
9. Signs and graphics. Signs and sign location within OKEECHOBEE COMMERCE
CENTER shall be subject to the review ofthe Architectural Review Board -and shall
conform to the Architectural Planning Criteria and applicable land development
regulations. To minimize any detractive effects upon building appearance and
landscaping which may result from the erection of signs within the Industrial Park,
signs shall be located flush on building exterior walls not perpendicular to the wall
surface; lettering may not be larger than four (4) feet high; flashing signs of any kind
are not permitted; and all signs shall conform to the applicable sign regulations of the
city of Okeechobee, Florida as the same now exists or as the same has been or may
hereafter be amended.
10. Exterior lighting. Exterior lighting is subject to the review of the Architectural
Review Board.and should be in conformance with the Architectural Planning Criteria.
11. Landscaping. All landscaping is subject to the review of the Architectural Review
Board and should conform to the Architectural Planning Criteria. I
Page 16 of 21
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12. Utilities. All electrical and telecommunication transmission lines within the Industrial
Park other than those existing on the date of this Declaration and those hereafter
installed by the Developer shall be installed and maintained underground.
13. Maintenance. Buildings, landscaping, and other improvements shall be continuously
maintained so as to preserve as well kept appearance especially along the perimeters
of any Lot or other property. The Association shall from time to time inspect site and
landscape maintenance, and if not satisfied with the level of maintenance on a site,
shall notify the owner in writing. If within fifteen (15) days from notification,
maintenance has not been brought to acceptable standards in conformance with the
following maintenance standards, the Association may order the work done at the
tenant's, grantee's, or lessee's expense and may treat the charges as an assessment.
The maintenance standards are as follows:
a. Trash. All trash and garbage shall be placed in designated containers, or
within the tenant's, grantee's, or lessee's contained service area and all trash
areas shall be screened and properly landscaped. The size of containers shall
reflect the capacity of the local agencies for trash removal. Yards and
landscape areas will be kept free of trash, leaves, and dead landscaping
materials.
b. Landscaping. All landscaping areas including sodded areas, shall be
regularly irrigated as required and shall receive regular maintenance
including trimming, minimum fertilization to protect wetlands, mowing and
replacement of diseased plant materials, as required. All irrigation systems
shall be underground, automatic, kept in good repair, and shall not discolor
any wall, sign surface or other structure. Perimeter landscaping shall be
maintained so as to avoid blight and preserve the beauty, quality, and value
of the Industrial Park, and to maintain a uniform and sightly appearance. The
area between the building and the street shall be used for open landscaping
and green areas to the greatest extent possible, taking into account necessary
Parking. All landscaping shall be completed within ninety (90) days of the
issuance of a Certificate of Occupancy with respect to the building
constructed or erected on any lot and shall be subject to the approval of the
Building Department.
C. Parking lot and sidewalk All Parking lot, sidewalks, and other hard surface
areas shall be swept and cleaned regularly and cracks and damaged areas of
sidewalks shall be repaired or replaced as required. Damaged or eroding
areas of the asphalt Parking surface shall be replaced as required and an
overall resurfacing of the Parking area will be done as necessary. Broken
bumper stops and/or curbing shall be replaced as required and drainage
inlets, storm sewers and any surface drainage facilities shall be maintained
in good repair and shall remain clear of debris so as to enable the proper flow
Page 17 of 21
of water. Each tenant, grantee, or lessee shall provide adequate off-street
motor vehicle and trailer storage for the tenant's, grantee's, or lessee's needs,
but, in any event, no less than that required by governmental regulations and
requirements. All driveways and Parking areas shall be constructed or
asphalt or concrete product.
d. Lighting. Levels of light intensity in the Parking areas of all exterior
walkways shall be maintained at safe levels and bulbs shall be replaced
expeditiously as failure occurs. Light standards shall be maintained in good
repair and shall be kept functional at all times.
e. Insurance.
1. Casualty Insurance: All buildings and insurable improvements erected in
the park shall be insured for fire and extended coverage perils, excluding
foundation and excavation costs, at their maximum insurable replacement
value, and all personal property located therein.
2. Public liability insurance: The owner or tenant shall obtain public liability
and property damage insurance covering the property and all improvements
thereon.
3. Workmans Compensation: The owner or tenant shall obtain workmans
compensation coverage for its activities as may be required by law.
4. Flood Insurance: The owner or tenant shall obtain flood insurance to
meet any requirements of federal or state law, or local law, as necessary.
PARAGRAPH M.
Easements, Reservations, Rights -of -Way and Additional Restrictions
Easements, reservations and rights -of -way may be reserved by Declarant of said property or any
portion thereof, whether reflected on the plat or as hereafter otherwise created.
2. Declarant may include in any contract or deed hereafter made, additional protective covenants and
restrictions not inconsistent with those contained here.
3. No other structure permitted by this Declaration shall be built, erected, or maintained upon any such
easements, reservations or rights -of -way, and said easements, reservations or rights -of -way shall, at
all times, be open and accessible to utility corporations who have obtained the written permission of
Declarant, who shall have the right of ingress and egress thereto and therefrom, and the right and
Page 18 of 21
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privilege of doing whatever may be necessary in, under, or upon said locations for the carrying out of
any of the purposes for which said easements, reservations, and rights -of -way are reserved or may
hereafter be reserved.
4. The City of Okeechobee reserves right of first reftisal in the event of re -sale of a subject parcel and
improvements thereon; the parcel owner shall, prior to consummating any sale of a parcel, first offer
the parcel and all improvements thereon to the City of Okeechobee for purchase, at a price the owner
has negotiated in good faith with a willing and able buyer, and has which been reduced to a contract
for sale executed by both seller and buyer. The City reserves the right to inquire into the validity of
the contract for sale, and shall notify owner within thirty (30) days as to whether it intends to exercise
its right to so purchase; if such election is not made, seller is free to sell the parcel to such buyer,
subject to the declaration and restrictions herein.
5. The parcel owner(s) shall immediately notify the City in the event of the following: threat or suit for
foreclosure against the parcel; filing of bankruptcy petition by parcel owner; general assignment of
assets by parcel owner for benefit of creditors. The City additionally reserves the right to the extent
legally permissible, to intervene in such action or dispute to protect its interests in the industrial park,
and parcel owner shall co-operate with the City and provide first opportunity for the City to acquire
such parcel or asset(s), subject to the lawful claims of creditors.
6. No parcel owner, tenant or occupant shall transfer, sell, assign or otherwise divest any ownership,
leasehold or management rights to the parcel occupied without first granting the City thirty (30) days
advance notice and approval of same, which approval shall be within the sole discretion of the City,
but permission not unreasonably withheld.
PARAGRAPHIV.
Scope of Covenants, Restrictions, Reservations, Servitudes, and Easements
All of the covenants, restrictions, reservations, servitudes and easements set forth in this Declaration
are imposed upon said property for the direct benefit thereofand of the City council for the City of Okeechobee
thereof as a part ofthe general plan ofthe development, improvements, and maintenance of said property. Each
grantee, lessee, or tenant accepts the same subject to the covenants, restrictions, reservations, servitudes and
easements set forth in this Declaration, and agrees to be bound by each such covenant, restriction, reservation,
servitude and easements.
PARAGRAPH V.
Violations of Covenants, Restrictions, Reservations, Servitudes and Easements
A breach or violations of any of the covenants, restrictions, reservations, servitudes and easements
shall give to the Declarant the right to immediate entry upon the Property upon with said violation exists, and
summarily to abate and remove, at the expense of the owner thereof, any erection, structure, building, thing
or condition that may be or exist thereon contrary to this Declaration, and to the true intent and meaning ofthe
provisions hereof, and the Declarant shall not thereby be deemed guilty of any manner of trespass for such
entry, abatement, or removal, nor shall the Declarant be liable for any violation of any covenant, restriction,
reservation, servitude and easement hereof, whether such covenant, restriction, reservation, servitude and
easement is violated in whole or in part, is hereby declared to be and to constitute a nuisance, and every remedy
allowed by law or equity against a nuisance, either public or private, shall be applicable against any such owner
or any parcel, and many be prohibited and enjoined by an injunction. Such remedy shall be deemed cumulative
and not exclusive.
Page 19 of 21
Where an action, suit or otherjudicial proceedings is instituted or brought for the enforcement of these
covenants, restrictions, reservations, servitudes and easements, the losing party in such litigation shall pay all
expenses, including a reasonable attorney's fee, incurred by the other party in such legal proceeding.
PARAGRAPH V1.
Right to Enforce
The provisions contained in this Declaration shall bind and inure to the benefit of and be enforceable
by the Declarant or their legal representative, to enforce any of such covenants, restrictions, reservations,
servitudes and easements herein contained shall, in no event, be deemed a waiver ofthe right to do so thereafter,
unless otherwise herein provided.
PARAGRAPH V111.
Assigwnent of Powers
Any and all rights and powers and reservations of the Declarant herein contained may be deeded,
conveyed or assigned to another corporation, co -partnership, or individual and upon such corporation, co-
partnership, or individual evidencing its consent in writing to accept such assignment and to assume such duties
and powers, it shall, to the extent of such deed, conveyance or assignment, have the same rights and powers,
and be subject to the same obligations and duties as are given to and assumed by Declarant herein and
thereupon Declarant shall be relieved of the performance of any further duty or obligation hereunder to the
extent of such deed, conveyance or assignment.
PARAGRAPH Vffl.
Marginal Notes and Headings of Paragraphs
The marginal notes and headings as to the contents of particular paragraphs are inserted only as a
matter of convenience and for reference, and in no way are, or are they intended to be, a part of this
Declaration, or in any way define, limit, and describe the scope of intent of that particular section or paragraph
to which they refer.
PARAGRAPH IX.
The Various Parts of This Declaration are Severable
In the event any clause, Industrial Park, term, provision or part of this Declaration shall be adjudicated
by Final Judgement of any Court of competentjurisdiction to be invalid or unenforceable, the remainder of this
Declaration, and each and all of its terms and provisions not so adjudicated to be invalid or unenforceable, shall
remain in full force and effect, and each an all of the paragraphs, Industrial Parks, terms, provisions, or parts
of this Declaration are hereby declared to be severable and independent of each other.
Page 20 of 21
PARAGRAPH X.
Amendment to Protective Covenants, Restrictions,
Reservations, Servitudes, and Easements
Declarant shall have the right to amend this Declaration so long as such amendment is not inconsistent
with or delude the overall plan or protection.
IN WITNESS WHEREOF, the Declarant has signed and sealed this Declaration on the
Of
ATTEST:
Lane Gamiotea, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
John R. Cook, City Attorney
Crry COUNCIL FOR THE
Crry OF OKEECHOBEE, FLOREDA
James Kirk, Mayor
City of Okeechobee, Florida
day
Page 21 of 21
City of Okeechobee
55 Southeast 31d Avenue
Okeechobee, Florida 34974
Phone: (863) 763-3372 ext. 218
Fax: (863) 763-1686
Date Received: Fee Paid:
Preliminary Approved On:
01
Distributed to City Staff/TRC:
Notices Mailed: Sign Posted:
Publication Dates: 1'Ad
2r'd Ad:
Public Hearing Date: City Council Action:
Final Signed Records/Plats to Clerks Office:
APPLICATION FOR FINAL PLATTING OR SUBDIVIDING PROPERTY
NAME OF PROJECT: CITY OF OKEECHOBEE COMMERCE CENTER
NAME OF PROPERTY OWNER(S): CITY OF OKEECHOBEE
OWNER(S) MAILING ADDRESS: 55 SE 3 AVENUE, OKEECHOBEE, FLORIDA 34974
OWNERS PHONE: (863) 763-3372 FAX: (863) 763-1686
NAME OF APPLICANT: CRAIG A. SMITH& ASSOCIATES
APPLICANT MAILING ADDRESS: 242 ROYAL PALM BEACH BOULEVARD, ROYAL PALm BEACH, FLORIDA 33411
APPLICANTS PHONE: (561) 791-9280 FAX: (561) 791-9818
A CONTACT PERSON: JAMES R. ORTH, P.E.
P
P CONTACT PERSONS PHONE: (561) 791-9280 FAX: (561) 791-9818
L ENGINEER: CRAIG A. SMITH & ASSOCIATES PHONE: (561) 791-9280
1
C ADDRESS: 242 ROYAL PALM BEACH BLVD., ROYAL PALM BEACH, FL 33411 FAX: (561) 791-9818
A SURVEYOR: CRAIG A. SMITH & ASSOCIATES PHONE: (561) 791-9280
N
T ADDRESS: 242 ROYAL PALM BEACH BLVD. ROYAL PALM BEACH, FL 33411 FAX: (561) 791-9818
P
R
0
P
E
R
T
y
DESCRIPTION OF PROJECT INCLUDING ALL PROPOSED USES: COMMERCE CENTER (INDUSTRIAL PARK) TO INCLUDE
OFFICE BUILDING AND LIGHT INDUSTRIAL USES.
NUMBER/DESCRIPTION OF PHASES: MULIT-PHASE, PHASE I TO INCLUDE ROADWAYS, WATERMAIN, FORCEMAIN,
SANITARY SEWER, LIFT STATION, DRAINAGE SYSTEM AND EXCAVATION OF LAKES, ETC.
LOCATION OF/DIRECTIONS TO THE PROJECT: S.R. 70 EAST To NE 15 AVENUE, NORTH To NE 12 STREET, WEST INTO
PROPERTY.
EXISTING IMPROVEMENTS ON PROPERTY: ROCK ROAD THAT LEADS TO OKEECHOBEE UTILITY AUTHORITY WATER
TREATMENT PLANT.
IS PROPOSED USE DIFFERENT FROM EXISTING OR PRIOR USE? cliii:) No NIA
TOTAL LAND AREA IN SQUARE FEET:
EXISTING IMPERVIOUS SURFACE:
ADDITIONAL IMPERVIOUS SURFACE:
PROPOSED TOTAL IMPERVIOUS SURFACE: 66.85
OR ACRES: 124.1
SQUARE FEET ACRES 0
SQUARE FEET ACRES 66.85
0% OF SITE
54% OF SITE
F, I CURRENT ZONING: MUNICIPAL CURRENT FUTURE LAND USE: INDUSTRIAL
CONFIRMATION OF INFORMATION ACCURACY
I hereby cattily that the information in this application is correct The information included In this application is for use by the City of Okeechobee in processing myrequest. False or
misleading inf, ation may be punishable by a fine of up to $500. 00 and imprisonment of up to 30 days and may result in the summary denial of this application.
James R. Orth
Si ture of Printed Name Dat
::Tpplican�� —
Project Name: Citv of Okeechobee Commerce Center
CITY OF OKEECHOBEE
CHECKLIST FOR FINAL
PLATTI NG/SU BDIVI DING PROPERTY
Description
1 Completed and signed application (must be within 12
months of preliminary approval)
2 Notarized Original Letter of Consent from property if
different from applicant
3 List of surrounding property owners with addresses and
parcel identification numbers within 300 feet of project
4 Notarized Affidavit attesting to completeness and
correctness of the property owners list
5 11 Copies of Final Plat
see Sec. 86-73 as to specific requirements
6 11 Copies of Improvements and Construction Plans
see Sec. 86-73 as to specific requirements
7 Final of Developers Agreement
8 Bond (if applicable)
9 Supplementary Material
10 Application Fee $500.00
Date Submitted Ck=d
02/19/2004
02/3/2004
02/19/2004
2/19/04
2/3/04
0 0
EXHIBiT 3 —
MARCH 2,2004 AGENDA
ORDINANCE NO. 852
AN ORDINANCE CLOSING, VACATING AND ABANDONING THE RIGHT
OF WAY LOCATED BETWEEN BLOCK 59 AND BLOCK 60 KNOWN AS
NORTHWEST3 RD AVENUE, CITY OF OKEECHOBEE, AS RECORDED IN
PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, PUBLIC
RECORDS, OKEECHOBEE COUNTY, FLORIDA; RETA#8146-A4W"T
OF-REVERMOW, AND DIRECTING THE CITY CLERK TO RECORD THE
ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE
CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has received an application (No. 71) from United Feed Go -Op
president Tommy Rucks for the closing of a certain right of way as described in this
ordinance to utilize the entire property for future development; and
WHEREAS, a review of such application reveals that it is in the best interest of the citizens
of the City of Okeechobee as a whole to grant said application; and
WHEREAS, the granting of the application will serve a legitimate public interest and is a
proper exercise of the municipal authority of the City of Okeechobee as a
discretionary function;
NOW, THEREFORE, be it ordained by the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City:
Section One. The right-of-way described hereafter is hereby closed, vacated and
abandoned by the City of Okeechobee, Florida to -wit:
That right-of-way known as Northwest 3rd Avenue between
Northwest 7 1h and 8 th Streets aligned between Blocks 59 and 60,
City of Okeechobee as recorded in Plat Book 1, Page 10, and Plat
Book 5, Page 5, public records, Okeechobee County, Florida
Section Two. The City Clerk shall cause a certified copy of the ordinance to be
recorded in the public records of Okeechobee County, Florida.
Section Three. This ordinance shall be set for final public hearing the 6 th day of A2nl
L'
2004, and shall take effect immediately upon its adoption.
INTRODUCED for first reading and set for final public hearing this 2 nd day of March,
2004.
James E. Kirk, Mayor
Page 1 of 2
0
0
ATTEST:
Lane Gamiotea, City Clerk
PASSED and ADOPTED on second and final public hearing this 6" day of ARdl, 2004.
ATTEST:
Lane Gamiotea, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Page 2 of 2
James E. Kirk, Mayor
JJJ4211 1110 ' 4
:j& 11. 1 -1116 151.1312 1 1 1 1
Street Closing Application 46. 71 41 - mm*m
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CITY OF OKEECHOBEE
STREET OR ALLEY CLOSING APPLICATION
Please type or print:
UNITED FEED CO-OP. , INC -Tr=7 Rbok§, President
P.O. BOX 485 708 N W 2ND AVE (34972)
OKEECHOBEE, FL 34973-0485
863-763-2145
THE MON?M 'Fite MUNBREP E:QRT'f F1*6
RIGHT-OF-WAY KNOWN AS NORTHWEST 3RD AVENUE AND ALIGNED BETWEEN
BOCKS 59 AND 60, CITY OF OKEECHOBEE .
PURCHASING
Note: if property is in two names by Me word "and" both signatures are required (for example: Jim and
Jane Doe).
SIGNATURE OF APPLICANT: SIGNATURE OF CO -APPLICANT:
Pri�t �amel- Print Name:
-7—,, , f- 7- /Fe--�C-YTS , President
United Feed Co�op, Ly-.
The foregoing instrument was acknowledged before me this 4 /4,,3c) -�e4— by
(datef
=0`nally known to me or
11'114,1j" 7-IfL46LI and W ?013 PDO
(applicaq (co -applicant)
who produced e-x� as Identification and who did (did not) take oath.
)r
SHARON L VAULMIS
NMry Pubk, NO d Raft
May23.2006 -D/
Conn. ft Dwo i— �� &i4[.1Yidz1&zyw Notary Public, Commission No.—)IZ"
gnature)
14 A ea� L. W % LL I M-X (Name of Notary typed, printed or stamped)
FORM 1123 FLORMY rranly Deed (From a Curp.) U INX ...........
10176
t �4j
ubtrtturt.�10,._; '21�� 974
Made this day of March A.D. 19 7 9
23eftuegit, HUCO, INC.
a corporation existing under the laws of the State Of Florida having its
principalplace of business in the County of 11111sborough, andStateOf Florid,
party of the first part, an
UNITED FEED CO-OP, INC.
of the Cou..Ity of Okeechobee and State Of Florida part y
of the second part, whose mailing address is: P0 13vy IE,5, 0VCrc'Irt.Tr
Pitilgesefil, That the said party of the first part, for and in consideration of the surn of
---- TEN AND NO/10o ----------------------------- Dollars, to it in hand
paid, the receipt whereof is hereby acknowledged, has granted, bargained, sold, altened, remised,
released, conveyed and confirmed, and by these presents dothgrant, bargain, sell, alien, remise,
release, convey and confirm unto the said part y of the second part, and i tS
heirs and assigns forever, all that certain parcel of land lying and being in the County of
Okeechobee and State of Florida, more particularly decribed as follows:
Lots 1 to 14 inclusive, of Block 59, TOWN OF OKEECHOBEE,
according to the Plat thereof, recorded in Plat Book 2,
Page 17, of the Public Records of St. Lucie County, Florida;
said lands situate, lying and being in Okeechobee County,
Florida.
OF
NI'ARY s-
P.1 P 1!-%X
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STAMj
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D OCUMFNTARY
S 11 R, TAX
-LORI A
r r. 7:
OF AP11-379 PB 6 7 3. 75
L TO E
7.6o
VJ 7-1
-2 51 f, 54 gagetiler with all the tenements, hereditarnents and appurtenances, with every privilege,
ri#ht, title, interest and estate, reversion, remainder and easement thereto belonging or in any-
wise appertaining:
So �Jajm aub to �Halb the same in fee simple forever.
And the said party of the first part doth covenant with the said party of the second part
that it is lawfully seized of the said premises; that they are free of all incumbrances, and that
it has good right and lawful authority to sell the saine; and the said party,of the first art does
hereby fully warrant the title to said land, and will defend the same against the lawful claints
"..0fi,all-persons whomsoever.
pititeos Allereaf, the said party of the first part has caused
......... lit
these presents to be st . gned in its nante by its President, and its corp-
orate seal to be affixed, attested by its
the day and year above written.
(Cor
Se
Huco, Inc.
St..
G4ne Moore
'Presence: By
I Hub _Nefiliereb itt (Our J. A i1ey, Preshatnt
Te sident.
.OP--1685 0 is
WARRANTYV0110 RAMCO FORM 34 0 ' 251 PAGE 419
FROM ININ DUAL TO CORPORATION l3bak
ThJS MArrallty ])Ctd Made file 2 2nd day of October, A. D. ig 82 by
MICHAEL S. HOLMES and LINDA S. HOLMES, his wife
hereinafter c alled lite grantor, to
UNITED FEED CO-OP, INC., a Florida Corporation
corporation exisling under lite laws of lite State of FLORIDA . with its permanent postoffice
ddress at Post Office Box 485 Okeechobee, Florida 33472
hereinafter called lite grantee:
lWh—ve, used herein If,, wins and "Irantee" include all the. parties to iiih instrument and
the heir', gail representatives and assigns of individuals, and the successors and assigns of corporations)
'WitfiCSSMI: Thai (tie grantor. for and in cons ideralion of (tie sum of S 10 . 0 0 . and other
valuable cons idera I ions, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, re-
mises, releases, collueys and confirms onto lite grantee, all that certain land situate in Okeechobee
County, Florida, viz:
Lots 15, 16 and 17, Block 59, OKEEC11OBEE, according to the plat
thereof recorded in Plat Book 1, page 10 of the public records of
Okeechobee County, Florida.
SUBJECT TO: Restrictions, Reservations, and Easements of record.
STATE Ff-1-01RIDA" FILEO
11A 57A IVI P J A X
DOCUIVIE
I r
5EPT. 0F REV _6UE OKEECIV�'
a
1 8 7 4. 2 5
17 ()C 2. 2
PB.
19OZ OCT 22 Pit 1: 06
11001 150256
CLIF L-� I'; - .!I. -
CLERK OF �1,!RCUII LUURT
Together with all lite leriernents, heredifornerils and appurtenances thereto belonging or in any-
wise appertaining.
'To taut and to hold, lite Same ill fee simple forever
1111d lite grantor hereby covenants with said grantee that lite grantor is lawfully seized of said land
In fee simple, that the grahlor has good right arid lawful authority to sell and convey said Lind; that If's
grantor hereby fully warrarals lite title to said land and will defewl Ilia Sallie against file lawful claims of
all persons whomsciever. and Ilia( said land is free of all ericumbrances. except faxes accruing subserfaerif
to 1-)ecamber 31. 19 8 1.
In joitlICSS 11frCOf file said grantor has hereunto set our hand and seal file day arid year
P
If A above 11) Ili vs.
Sig
Se a I Were in our presence:
.. .......... ...
...... ....
........ ... ....
STATE OF FLORIDA,
COUNTY OF Okeechobee
V I I
AV ... ......
.. ........ ..... .
.. .... 1�.)
4 �
HAE
S 0"
. . . . . . . . .. ...... . .... ..... .........
ND
4im S 1406�E
I HEREBY CERTIFY that on this day, before lite, an
officer duly authorived in the State nforesaid and ill the County aforesaid to take acknowirditinents, personally appeared
Michael S. Holmes and Linda S. Holmes, his wife
,,�p 'ine known to' be the person S dvscribcd in arid who executed the foregoing instrument and they acknowleditcd
9r.c,me �hat.th . ey executed the Sallie. 22nd day of
WITNEA� Tny [land and official scal in the Coull,Y arid State last afor Ili$
O(:�O.�,4f A. D. 1982,
77,11
....... .. .. ......
Notary Public State Of Florida At LaFF
my Commission Expires April 19, 1986
77to halrumcul pri-p(tral by: .1
Rgl,;WB-G LAKE TITI-E COMPANY
' C;lf'te
71 N VI "101 't 1 310
tihn4 2.91 pir: 4 1
A
r
WARRANTY DErO
iNDIVID. TO 1"01VID
This 10arranty Berd �ladv lite —1,35"-
day of October
KATHRYN S. WILKINSON, a married woman, formerly KATHRYN SWEATT
hereinafter culled lite gratifor. to
UNITED FEED CO—OP, INC.
RA.CO FORM 01
A. 1) 1081 try
whose posloffice Uddi,ss is Post Office Box 485, Okeechobee, Florida 33472
hereinafter called lite gratilet,
d
Ill(- ' (liatifor. for (ill(( ill cotisiderolimi of file Stint of 10.00 and other
vuluable consideralions. receil)l Whereof is liereby acknowlt,fified. iierul)v grants. bargains. sells, aliens. re-
mises, releases. conveys und corifirnis uttlo lite grantee. all thol cerfaist land silonfe in Okeechobee
Courtly, Florida, viz:
Lots 18, 19, and 20, Block 59, OKEECHOBEE, according to the plat thereof
recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida.
Subject to restrictions, reservations, covenants, and easements of record.
q.0p AIC,
v'9 5's
s-rATF:.-: OF
F)btijME.l,1 1,py STAMP TAIN
143559
F f'EVJ!
g
JUF
_OT. OF
-go DCT30*41
R.
0
u
E-4
0
E-1
R
Pe
14
in
4
FILED FOR R,FC0F10
OKtECI
1981 OCT 26 AH 9-- 32
J, %.
CLIF BET T' '
CLERK o-r CIRCull COURT
Together Willi all file tenements, heredilamenis und appurlertances fliereto belorigilig or ill arly-
wise appertaining.
To have and to Evild, file same in fee simple forever
And ilia grantor Itereby covenants Willi said grarilee thal (lie gratilor is lowfully seiz"d Of said h"ill
in fee simple; that lite grantor Itas flood right and lawful aoliturily to sell arid convey said land: Illo( file
grantor hereby fully warrants lite title 10 said [arid arid will deferid lite some against lite lawful rlairlis (71
all persons whornsoever, arid that said land is free of ill ertrimil,ratices, ex(-(-I)f Itixes ncrrrting sobsefilleril
to December 31. 19 80.
In 10itliess 1011treof, lite said grantor has signed arid sealed these presenis file duy arid year
first above written.
Si J sectled arid delivered in our presence:
ati'r r-S. Wilkinson
C
STATE OF FLORIDA SPACE BELOW FOR RECORDERS USE
COUNTY OF OKEECHOBEE
I HEREBY CERTIFY I'll -it or, thi, day, fi,fore lite, air offircr duly
authorized in lite State Amrsaid and in the County aforrsaid to takr
acknowledgments, personally apli—red
KATHRYN S. WILKINSON, a married woman, formerly
KATHRYN SWEATT
"'Itoot"
'to- 019'.VapSyll to be tht- person described in arid %vho e.eruled (lie
k , , I . "
foit:jo,ing'-IMIT-ument and she acknowledged before me that she
X* exec
JTNESS my hand and official scal in the County and
'late last aforesaid this --2.:3 At, day of
October A, D 19 8 1.
..........
op ri et"):- Notary Public, State Of Florida At Larg&
pnpared b), My Commission ExPireS May 28, 190
Bart. r, Martitier, 01rPrrholler Abor-rict ri,mr,n.
W ARRANTY D110 RAIVICO FORM 34 55
FROM ININVIDUAIL TO CORPORATION
5-0 71tis barranty Deed made lie 29th day of JUNE A. D ig 83 by
MARY HOSTETLER, a single woman
hereinafter called ilia grantor, to
UNITED VEED CO-OP, INC.
a corporation existing under (lie laws of lite State of Florida with its permanent posfaffice
address at P. 0. Box 485, Okeechobee, Florida, 33472
hereinafter called Ilia grantee:
(Wherever used herein the ittrins ".grantor" and "$rantee" include all thr parties to ibis instrument and
tire heirs, legal representatives and assigns of individuals. and the successors and assigns of c-peorati.n.)
WhICSSAI: That ilia grantor, for arid in consideration of (lie sum of S 10 . 00. arid other
valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells. aliens, re-
mises, releases, conveys arid confirms unto (tie grantee, all that certain land situate in Okeechobee
County, Florida, viz:
Lots 1 through 14, inclusive, and Lots 16 through 20, inclu—
sive, of Block 60, OKEECHOBEE, according to the plat thereof
recorded in Plat Book 2, Page 17 of the Public Records of St.
Lucie County, Florida, and a copy of said plat being recorded
in Plat Book 1, Page 10 of the Public Records of Okeechobee
County, Florida.
SUBJECT TO restrictions, reservations and easements of record,
if any.
FLQT 1ILMN-1
X
4 ? 7. 5
ittim
if/, .11 Ilia lenernerils, heredilarnerils and appurtenances therelo belonging or in any-
wise appertaining.
To Raut and to 1401dj Ilia same in fee simple forever
End ilia grantor hereby covenants with said grantee that lite grantor is lattyfully seized of said Innd
in fee simple: thal Ilia f1rantor has good right and lawful authority to sell arid convey said iarld; Ii'at file
grantor hereby fully warrants (lie title to said land arid will deferld lite same against lite lawful claints of
all persons tultornsoever; rind that said land is free of all enctim6littices, excersl loxes orcrtiing stilmeliftelif
to December 31. 19 8 2
FILEO FOR REC01,'D
0 K E E C I 10 V ['E r f*1 j! r.1 I y, 1- 1.
155284 1983 AN 29 M 11: 03
Ift IffifileSS 1011CrCOf, lite said grantor has hereunto set CL1[1t#j1!4wn_4,s!al (lie day and year
I I %.
firs bove written. CLERK OF CINXII COURT
s "Ove Tor
Si n d, sealed ind delivered fit our presence:
x al 17 14. t, Ia.
... . . . ......... .. .. ............ .. �y 1�
... �na 0 tetler
.......... ....
.... ........ .......
. .. . ...... ........................... .. ........ ........................ .....................
IDA
COUNT OF 0 ee'chobee I HEREBY CERTIFY that on this day, before mr, at,
officer duly authorized its tile Stiltv af.r"aid nod is, tile Ccluotl, -aforesaid to take acknovdi-ilginents, personally apprali-d
MARY HOSTETLER, a single woman
to me known to be lite person described in arid vvho executed the foregoing imtrunicnt and she nckt,o,0edwd
6cfore me that she cxecutrd tile same.
WITNESS my hand and official seal in the County and State last aforesaid this 29th day of
JUNE A. D. 19 8a
T......
U
R N ta
C
N.
Flolary Public, State of Flond,-I
Tbj� h;�jtitriirptrparcd ly: MY Ccrrtnis:io;i Expires bly 11, 1936
T
AA
"T:'W- CONELY, III
-f0Jt NW 2nd Street
16.;
T
U
T
0
WA12 MIT 9919
#104AIMITIOUAt 10 COIPOIAI104 RAMCO FORM 34
256 PAr:1637
Us 10arranty Deed meat the 4""'( clay of AUGUST. A.D. 1983 by
S. M. GOODMAN
hereinafter called the grantor. to
UNITED FEED CO—OP, INC.
a corporation extillng under the laws of the Slate of Florida with its permanent postoffice
address at Post Office Box 485, Okeechobee, Florida 33472
hereinafter called the granite:
1W%-r ..4 1—d. ihe and lmlvde all 1%. prll" to 1hk lfttftb,a.j and
tht hti". 1,1111 rep"KnUdm On sallas of individuals. bad The evemoars bad miggo *1 calpogglem)
10itnCSSM: That the grantor, for and in consideration of the sum of $ 10. 00 and other
valuable considerations, receipt whereof Is hereby achnowtodged. hereby grants. bargains, sells. aliens, re.
raises. rvleos*s, conveys and confirms unto the grantee. all that certain Land situate In Okeechobee
County. Florida. viz -
Lot 15, Block 60, OKEECHOBEE, according to the plat thereof
recorded in Plat Book 5, Page 5 of the Public Records of Okee—
chobee County, Florida.
SUBJECT TO restrictions, reservations and easements of record,
if any.
The real property conveyed hereby is not the homestead or resi—
dence of Grantor, is not contiguous or adjacent to the homestead
or residence of Grantor, and no dwelling structures are located
thereon.
T"(\
STAIV.-P 1#\*(-1
2'.J
109fthtr with all the tenements, herectilamenis and appurtenances lh*reIo__SiIciKg-rn4 of In any-
wise appertaining.
To 14ave and to liold, ih... In fee simple lorev'er.
End the grantor hereby covenants with said grantee that the grantor Is lawfully seized a/ sold land
In let pimple: that the grantor has good right and lawful authority to sell and conuey said iand; that the
grantor hereby fully warrants the fills, to sold land and will defend the same against Ike lawful claims of
all person- whomsoever; and that said land Is free Of all encumbrances, except faxes accruing subsequent
to December 31. 19 8 2 FILEO Foi-I rrCn - Do
F, -:- r. I
OKEECHO : 7131T"', Fl
156S90 1983 AUG 29 AN 11: 04
CUF 3-': T
CLERK OF CIRCUli COUR[
In bitneSS Uhtrf0f, the said grantor has kereunio set his barrel and seal She day and year
first above written.
Signed. four J dell Vesonce:
Witness:
.................. j" . .. ....... ............
witnes.s.,99 .. .......................
IFIATE OF mxm=% TENNESSEE
couNTY or
............................................................................
.S. M. Goodman
................................................................................
I HEREBY CERTIFY that on this day. before me, an
officer duly authorized in the State aforesaid and In the County aforesaid to take acknowlediftnFats, p*ersonally appeared
S- M. GOODMAN
to me known to be the person dcscfibcd In and who executed the foregoing instrument, And "0- t16 ittknowlediled
before me that he executed the same.
WITNESS my hand and official seal In the County and State last aforesaid this z* 1�r 'IFY of
Z
August A.D. ig 83.
71ji hutrunient prepertrd by:
Addrw TOM W. CONELY, I I I
207 NW 2nd Street
Okeechobep. Fln. 11477
Notary Public
Commission Ex p ieeg*-
rmnTAPY epAi)
0
Page 2
L", -Pa Qk, --,y C. 0- n,- q (0--� - -6-10 S- -I'
Authorized Signature Typed Name & Title . Phone No. I DLe q I 6LI
Authorized
4,--,-L - 3 1 B�-
Typed Name & Title Phone No. Date
X�x Ao 71-
9
7
k
7 -.,71e 7
A;�uth�orlzedSlg ture Typed Name & Yitle Phone No. 'Pate
i 0 T
-::r� 7 G 3 -,X:7 0
L"Authorized Signaturef Typed Name & Title Phone No. Date
Required Only For City of Okeechobee & First Addition to City of Okeechobee Subdivisions:
- r - lAf
AL Z le -
tit
r4 3- 74 3.3 IS'5,1
Authorized Signature Typed Name & Title Phone No. Date
Page 3 10
'47";4".
QAhe;'.CIt 66'Wi6f, 6"'MMIM, ag-w-ha
_,,J*tthqin:paId.THr:R_.
N."b'0- FBE LOW:
`� , y i1o".
wx ON
wl 1409'19t K MUM IN
No comments or objections.
PUBLIC WORKS
DEPARfMENVI,,,�_Zftj�
2-6-04
Authorized Signature Date ,�orized iignature Date
Dmnie Fcberstcn, Public Mrks Director Qsmr Bmmxlw,, city axiineer
Typed Name & Title Typed Name & Title
'J�b
POLICE r !,:.
cr T'Eft cr cbiecticns-
DEPARTMENT
utho�rlz
uthorized Signature
Date
DmV Dwis, Police Chief
Typed Name & Title
M came -its cr objectiais.
DEPARTMENT]'' V"
vo
Authorized lig nature
Date
Keith Taw, Fire Chief
Typed Name & Title
�f,,JND canriwits or dbiecticns.
ADMINISTRATION
�Signatu`re'
-2- -
Authorl�d
Date
Bill Wxh, City kWnistratm
Typed Name & Title
APPLICATION APPROVED BY:
M
J�, L �/ M&tZ- �, , /W
LANE G MIfOEA, CITY CLERK DATE'
0
Revised 413103-LO
ExHiBIT 4—
MARcH 2,2004 AGENDA
RESOLUTION NO. 04-02
A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA
SUPPLEMENTING RESOLUTION NO. 03-08; GUIDELINES FOR USE OF
PUBLIC PARKS OR OTHER LANDS OWNED BY THE CITY OF
OKEECHOBEE FOR CERTAIN CHARITABLE OR BENEVOLENT
ORGANIZATIONS; PROVIDING FOR AUTHORITY TO REVIEW SUCH
APPLICATIONS; PROVIDING FOR STANDARDS FOR REVIEW;
PROVIDING FOR GUIDELINES FOR SUCH ORGANIZATIONS TO
FOLLOW; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, there are located within the City of Okeechobee certain public parks and other
areas owned by the City of Okeechobee that are intended for, and open for use by,
the general public, with certain restrictions; and
WHEREAS, these uses change from time to time, and problems arise by certain uses that
are not anticipated, but should be the subject of regulation and control by the City
of Okeechobee for the safety and welfare of its citizens, and which requires
supplementing existing rules as necessary;
NOW THEREFORE, it is resolved before the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
presiding Officer for the City:
THAT permission for charitable or benevolent organizations, or non profit
groups, to engage in certain activities in City parks or on City lands, is
governed by Article IV, Sections 14-141 to 14-149 of the City Code of
ordinances, which regulations and restrictions shall be considered by
General Services whenever an application or request for use of public areas
is made, and followed accordingly.
2. THAT for any authorized use of the public parks or rights of way within the
city, the following regulations shall be followed, as applicable:
a. The organization or permit holder, or their designee, shall be
responsible to completely clean up the public area used by the
permit, within two days of completion of the event, unless otherwise
designated in the permit.
b. The organization or permit holder, or participant authorized by an
event, may use a motor vehicle, trailer or other devise to transport
merchandise, goods, or supplies to the Flagler Park area for an
event; however such vehicles or trailers shall not be parked along the
southerly side of South West Park Street. The north/south Avenues
may be cabled or blocked off by barriers between the blocks of
Flagler park during an event, and no vehicles, trailers, or motorhomes,
will be allowed to park in the blocked off areas. No trailers unattached
to a motor vehicle shall be parked along any Street or Avenue or
public right of way, or in a marked parking spot, unless the right-of-
way is closed for the event, not otherwise blocked off by the City. No
other motor vehicles or trailer will be allowed to Park or remain on the
Park grounds unless prior written approval is obtained from the City
Police Department, or such vehicle or trailer is participating in an
event such as a permitted activity or car show. Any motor vehicle or
trailer parked in violation of this section may be towed by the City at
Page 1 of 2
0
the owner's expense, who shall be liable for all towing and storage
fees.
C. No golf carts, 4-wheelers or other vehicle not licensed for use on
public right-of-way are permitted on the Park grounds without prior
written approval of the City Police Department.
d. Any organization or permit holder that intends to use gas or charcoal
grills that emit grease laden vapors to prepare food shall be required
to locate the grills on concrete pads or on the adjacent street itself,
and not on the grass in the Park. All grease drippings or debris from
cooking with a grill shall be cleaned up immediately upon conclusion
of the event.
e. Certain events, such as but not limited to parades, or those which
draw a large number of people, require significant incurring of costs
by the City, for traffic control, crowd control, fire safety, paramedic
service, or general policing, which often requires adding personnel,
and incurring overtime labor expense. For any such event, the City
reserves the right to require the organization or permit holder to be
responsible for these additional costs, including property or personal
injury damages that may occur during the event. The City will provide
an estimate of such additional expenses at the time of application for
permit, and the applicant shall pay such sum to the City prior to
issuance of the permit. If the costs are determined to be lower, the
difference will be refunded; if the costs exceed the estimate, or if
property damage or personal injury occurs, the applicant shall pay
same to the City upon demand.
f. For activities in Flagler park, the use of generators for power is
encouraged, as electric outlets are limited and subject to the right of
the City to deny their use. When generators or extension cords are
used, the applicant shall cause a U.L. approved extension cord of
proper gauge to be safely attached, and routed so as to not interfere
with any pedestrian path, or in such area as may pose a risk of harm
to the public or other participants.
INTRODUCED AND ADOPTED this 21 day of March, 2004.
ATTEST:
Lane Gamiotea, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Page 2 of 2
James. E. Kirk, Mayor
40
EXHIBIT 5
MARCH 2,2004 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 31�49n7
NARM: �f -
ADDRESS. j,-V r
-� K] y ) � 1�
TELEPHONE: / (--I/ FAX:
1
MEETING: REGULAR SPECIAL 0 WORKSHOP 0
FAX (863) 763-1686
DATE: -)nalz C) / C�00�/
PLEOE STATE THE ITEM YOU WISH T HAVEPL CED NTHEC YCOUNCILAGENDA:
2., 4a , 42 1 . — - 1--)
&^_, � - .1 -,�, I Z
4
Ll M.Ar,-
PLEWE� 2�17ATE WHAT DEPARTMENT(S) YOU H 4 WOR D WITH THUS FAR:
PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL:
?Y9 kv- '094g e eo"
If I
r
24 Z, L� - Oi
PLEASE SUMMARIZE PERTINENT ZF TION CONCERNING YOUR REQUEST AND
ATTACH APPLICABLE DOCUMENI S:
4�IV41�5 &/.,//
74,11
IF PRESENTATION IS TO BE MADE, PLEASE STATE HOW MUCH TIME YOU ARE REQUESTING:
SIGNED BY: DATE�
ExHIBIT 6
MARCH 2,2004 AGENDA
CitV of Okeechobee
55 Southeast r Avenue # Okeechobee, Florida 34974 # 863- 763-337i
Complete entire application with all applicable attachments and return to the Office, of the City Clerk. The City Departments
will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the
meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should
you request the sidewalk on1v.
Name of Applicant
Address
Name of Property Owner
Address
Street to be Closed
Dates to be Closed
Time(s) to be Closed
Purpose of Closing
Attachments
TEMPORARY STREET AND SIDEWALK CLOSING
0/&rakri-ts- Today's Date
a0l S4--* rcelr Phone(s)
15 74e &* e 0.0 -A,1,r Ir 0 A.,00
Z03 V16 I Phone(s)
A* ACP 4 e -e
AN f x #11- 11-il
2 y y -L b4l"C',
-Tip r 14 e. w -R, a-c &, ? ,*j e, U14.r * ^,/
%./,a V/0 y
2(0.% - S",,*V
to S 14- VAV 7-0
Original Signatures of all residents, property owners and business owners affected
by street closing stating whether they approve or object. This can be done on one
list. Make sure if it is a business that the name of the business and owner Is legible.
If it is a resident make sure the name and address is legible. (Required of all
applications)
Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications)
If any items are being sold on City street or sidewalk then a Temporary Use Permit
must be attached for each business participating. Permits can be obtained from
General Services.
State Food Service License if selling food.
State Alcoholic Beverage License. (You can only serve on private property. No
alcoholic beverages on City property, this Includes streets and sidewalks)
owClean-up is required within 24 hours.
owNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks.
vwNo donations can be requested if any type of alcoholic beverages are served on private
propertylbusiness unless you possess a State Alcoholic Beverage License. Please note there are
inside consumption and outside consumption licenses. You must have the appropriate license.
swThe City Public Works Department will deliver the appropriate barricades. The City Police
Department will set them out and take them down at the appropriate times.
OwDumpsters and port -a -lets are required when closing the street for more than 3 hours.
0
0
PUBLIC WORKS
DEPARTMENT
01,
orized Signature
POLICE
DEPARTMENT
Aut rized Signature
FIRE
DEPARTMENT
Aui�orlzedSignatOe
No camrnts or objections.
I
0? - C
Date
Donnie Robertson. Public Works Director
Typed Name & Title
Do not object frm a public safety Police d.,.. issue. Hme���
states no sales on City right-of-way.
2-26-04
Date
No canwnts or objections.
L=25-04
Date
Dennv Davis. Chief of Police
Typed Name & Title
L. Keith Tomev. Fire Chief
Typed Name & Title
I
Occupational and/or State License Verified: IIX )Jt� 0-,k�
ADMINISTRATION Per Section 14-121 of the City Code Book this applicati would not be DeniLtted.
2-25-<Y4 Bill L. Veach. Citv Administrator
Authorized Signature Date Typed Name & Title
CLERK'S See Code Book Section 14-121 and 14-141, copies attaciied.
OFFICE
6L 2-25-04
Lane Gamiotea. Citv Clerk
Authorized 4ignature Date Typed Name & Title
APPROVED/DENIED BY COUNCIL ON:
Revised 8/05/03
0
0
§ 14-85
OKEECHOBEE CODE
Sec. 14-85. Going -out -of -business sales.
(a) Permit required. Before any person shall
conduct a going -out -of -business sale in the city, he
shall obtain a permit from the department of
finance.
(b) Application for permit. The application for
a going -out -of -business sale permit shall be ac-
companied by an affidavit stating all the facts,
relating the reasons for and character of the sale
the applicant proposes to conduct, and including a
list of the names of the persons from whom the
goods, wares and merchandise or other personal
property were obtained, the date of delivery to the
applicant, the place from which such goods, wares
and merchandise or other personal property was
last taken or brought, and all details necessary to
locate and identify such goods, wares and mer-
chandise or other personal property.
(c) Permit fee; issuance and penalties. The ap-
plicant for a going -out -of -business sale permit
shall pay to the department of finance a permit
fee of $250.00 for each sale. Upon the filing of
such application, and affidavit and payment of
such fee, the department of finance shall issue a
permit. Any person or agent engaged in any
going -out -of -business sale within the city without
a permit, or under a permit issued upon false
statement made by such person or agent or on his
behalf, shall be subject to prosecution and upon
conviction thereof shall be punished as provided
by section 1-15 of this Code. In addition to the
penalty provided for in section 1-15, the provi-
sions of this article shall be subject to enforce-
ment before the city code enforcement board.
(Code 1982, §§ 10-52-10-54)
Secs. 14-86-14-120. Reserved.
ARTICLE I'V. PEDDLERS AND
SOLICITORS*
DIVISION 1. GENERALLY
Sec. 14-121. Sales within city rights -of -way.
It shall be unlawful under this article to sell
merchandise on city -owned or leased properties,
or on city road rights -of -way lying within the city.
(Code 1982, § 10-62)
State law reference —Home solicitation, permits, F.S.
§ 501.028 et seq.
Secs. 14-122-14-140. Reserved.
DIVISION 2. CHARITABLE SOLICITATION
ORGANIZATIONSt
Sec. 14-141. Exemptions for the use of pub-
lic or private property.
(a) Governmental or quasigovernmental pub-
lic service uses, festivals, fairs or other special
events sponsored by a civic, veteran or other
nonprofit for charitable or community service
organization may be exempted from strict compli-
ance with any part of this division and conduct an
event on private, or city -owned or leased proper-
ties, including rights -of -way. In determining
whether a requirement may be waived, the gen-
eral services department shall conduct a complete
review of the proposed event, and shall consider:
(1) The purpose that the requirement is in-
tended to serve.
(2) Whether waiver of the requirement will
detrimentally affect the health, safety and
welfare of the community.
(3) Whether any alternative measures can be
taken to substantially meet the purposes
of the requirement.
(4) The cost to the taxpayers of meeting the
requirements as weighed against the ben-
efits of the requirement.
*Cross references --Streets and sidewalks, ch. 46; streets,
sidewalks and other public ways, § 78-31 et seq.
fState law reference —Charitable solicitation, F.S. ch.
496.
CD14:10
0 0
BUSINESSES
(5) Whether the activity sought to be ex-
empted is a lawful activity and free from
fraud or misleading tactics.
(b) The applicant must meet any insurance
coverage or code compliance requirements of the
city, and any other regulations of other govern-
mental regulatory agencies. The applicant will be
responsible for costs associated with the event,
including damage by property. By receipt of a
permit, the applicant agrees and shall hold the
city harmless for any accident, injury, claim or
demand whatever arising out of applicant's use of
the location for such event, and shall indemnify
and defend the city for such incident, including
attorney fees. The applicant shall be subject to
demand for, and payment of, all of the actual cost
incurred by the city pertaining to the event in-
cluding, but not limited to, police, fire, mainte-
nance or other departmental expenses. The city
reserves the right to require from an applicant a
cash or cashier's check advance deposit in a sum
approximately the sum estimated by the city to be
incurred in providing such city services. Any such
sum not incurred shall be refunded to the appli-
cant.
(c) The sale of newspapers within the city is
exempted from the provisions of this division.
(Code 1982, § 10-80)
Sec. 14-142. Exemptions for charitable orga-
nizations.
(a) A charitable organization that does not
employ a professional solicitor to solicit funds
shall be exempt from the provisions of sections
14-143 and 14-144, if any of the following condi-
tions are met:
(1) If it did not collect money or property from
more than 20 persons as a result of the
solicitation of funds during the preceding
12 months;
(2) If all of its functions, including fundrais-
ing activities, within the city, are carried
on by persons who are unpaid for their
services;
(3) If no part of the charitable organization's
assets or income inures to the benefit of or
is paid to any officer or member;
§ 14-142
(4) If the charitable organization did not col-
lect money or property as a result of the
solicitation of funds in excess of $10,000.00
during the preceding 12 months.
(b) Every scholarship fund that solicits and
raises funds solely for the purpose of providing
scholarships shall be exempt from the registra-
tion provisions provided for in this article if all of
the fund's functions, including fundraising activ-
ities, are carried on by persons who are unpaid for
their services and if no part of the organization's
assets or income inures to the benefit of, or is paid
to, any officer or member.
(c) If a charitable organization does not want
to disclose publicly the information required by
the statements described in section 14-143 regard-
ing the solicitation of funds from members of
charitable organization, it may exclude this infor-
mation from the statements required by section
14-143 if the charitable organization:
(1) Indicates on the statements required by
section 14-143 that information about so-
licitation of funds from members of the
charitable organizations has been ex-
cluded;
(2) Prepares a private statement at least an-
nually that contains all of the information
required by the statements described in
section 14-143 for the solicitation of funds
from members of the charitable organiza-
tion that is not reported in the statements
required by section 14-143, which is signed
under oath by the individual described in
subsection 14-143(a)(15); and
(3) Maintains the records and documents that
are necessary to complete this private
statement for a period of three years from
the date of each statement, and together
with the private statement, makes them
reasonably available for inspection by ev-
ery member of the charitable organiza-
tion.
(d) The registration certificate requirements
found in section 14-143 shall not apply to any
solicitation made upon premises owned or occu-
pied by the entity upon whose behalf such sohci-
CD14:11
EXi4IBIT 7
ITEM ADDED TO
MAR 2 AGENDA
RESOLUTION NO. 04 - 02
A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA AUTHORIZING
THE EXECUTION OF A HIGHWAY LANDSCAPING INSTALLATION
AND MAINTENANCE AGREEMENT WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Okeechobee is very concerned over the appearance
of median islands, interchange areas within the corporate limits of the City of Okeechobee;
and
WHEREAS, the City Council of the City of Okeechobee after discussion with the Department of
Transportation of the State of Florida, believes that it can better perform the maintenance
of the landscaping in those areas; and
WHEREAS, the City Council believes such an agreement to be in the best interest of the citizens
of the City of Okeechobee.
NOW, THEREFORE, be it resolved that 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 to execute an agreement entitled "Highway Landscaping Installation and
Maintenance Agreement" between the City of Okeechobee and the Florida Department of
Transportation, agreeing to maintain the landscaping in median islands, interchange areas
and rights -of -way described in said Agreement.
This Resolution shall take effect on the 2nd day of March, 2004.
Introduced and Adopted this 2 nd day of March, 2004.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, City Clerk
APPROVED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
0
0
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
HIGHWAY LANDSCAPING INSTALLATION
AND MAINTENANCE AGREEMENT
THIS AGREEMEENT, made and entered into this 2nd day of March 20C4 by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter
referred to as the "DEPARTMEENT", and CITY OF OIKECHOBEE, hereinafter referred to as the
"AGENCY".
WITNESSETH
WHEREAS, the DEPARTM[ENT has jurisdiction over and maintains State Road 15 as part
of the State Highway System; and
WHEREAS, the AGENCY seeks to install and maintain certain landscape development
improvements within the unpayqd areas within the right-,0-way of State Road 15; Section
from 1�file Poo EX to -NEL I\.*,� North City , hereinafter referred to as the
"PROJECT"; afid Rii1road Limits
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS, the AGENCY by Resolution dated March 2, 2004 , a copy of which
is attached hereto and made a part hereof, has authorized its Mayor to enter into this
Agreement on behalf of the AGENCY;
NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to the
other, the parties covenant and agree as follows:
1. The AGENCY hereby assures the DEPARTMIENT, that prior to submitting this
Agreement, it has:
(a) Ascertained the location of all existing utilities, both aerial and underground.
A letter of notification and plan of the landscape development improvements
was mailed on , to the following utilities/municipalities:
(b) Complied with all permit requirements from the appropriate agencies (county,
municipality, etc.) in connection with the activities described hereunder.
Outdoor advertising is specifically excluded from this Agreement in accordance with
Section 479.11, Florida Statutes.
2. The AGENCY hereby agrees to install the landscape improvements in accordance
with the Landscape Development Plan included as Exhibit "A", attached hereto and by this
reference made a part hereof Such installation shall be in conformance with Rule 14-40, Florida
Administrative Code, and the Highway Landscape Beautification and Plan Review Procedure (Topic
650-050-001 -c), as they may be amended from time to time.
3. The AGENCY agrees to maintain the landscape improvements in accordance with
the Technical Maintenance Plan included as Exhibit "B", attached hereto and by this reference
made a part hereof.
4. Designated personnel as directed by the District Secretary or his designee may inspect
and evaluate this project and iss ' ue a written report if a deficiency or unsatisfactory condition is
noted. If deficiencies and/or unsatisfactory conditions are not corrected within thirty (30) days, the
District Secretary or his designee shall have the option to do one of two things:
I
(a) Correct and maintain the landscape improvements with DEPARTMENT's
contractor or DEPARTMENT's personnel and charge the AGENCY for the
reasonable value of said work.
(b) Remove by DEPARTMENT's contractor or DEPARTMENT's personnel
all landscape improvements, return the right-of-way to its original condition
and charge the AGENCY the reasonable value for such work.
5. To the extent permitted by Section 768.28, Florida Statutes, the AGENCY shall
indemnify, defend, save and hold harmless, the DEPARTMENT and all of its officers, agents or
employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of,
because of, or due to breach of this Agreement by the AGENCY, its officers, agents, or employees
or due to any negligent act or occurrence of omission or commission of the AGENCY, its officers,
agents, or employees. Neither the AGENCY, nor any of its officers, agents, or employees will be
liable under this section for damages arising out of injury or damage to persons or property directly
caused or resulting from the negligence of the DEPARTMENT or any of its officers, agents or
employees.
6. The AGENCY covenants to keep in force during the period of this Agreement public
liability insurance, property damage insurance and worker's compensation insurance through an
insurance policy(ies) or the AGENCY's self insurance program.
7. This Agreement shall remain in effect until such time the AGENCY or
DEPARTMENT wishes to cancel said agreement and this shall be done in writing giving the
AGENCY or DEPARTMENT thirty (30) days notice. All landscape improvements shall be
removed by the AGENCY and the DEPARTMENT's right-of-way returned to its original
condition. If, after thirty (30) days, the landscape improvements have not been removed, the
0 0
DEPARTMENT may, at its option, proceed as follows:
(a) Maintain the landscape improvements within the limits of said project with
DEPARTMENT's contractor or personnel and charge the AGENCY for the
reasonable value of said work;
OR
(b) Remove by DEPARTMENT's contractor or personnel all of the landscape
improvements, return the right-of-way to its original condition, and charge
the AGENCY for the reasonable value of such work.
8. The term of this Agreement commences upon execution by both parties.
9. This writing embodies the entire Agreement and understanding between the parties
hereto and there are no other agreements and understanding, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby.
10. This Agreement may not be ossigned or transferred by the AGENCY in whole or part
without the consent of the DEPARTMENT.
11. This Agreement shall be governed by and construed in accordance with the laws of
the state of Florida. In the event of a conflict between any portion of the Agreement and Florida law,
the laws of Florida shall prevail.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year first above written.
CITY OF OKECHOBEE
OKECHOBEE, FLORIDA
BY:
-TITLE: Mayor
James E. Kirk
ATTEST: (SEAL)
TITLE: City Clerk
Ime Gardotea
MOA.dm
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
District Secretary
ATTEST:
Executive Secretary
Legal Review:
District Legal Counsel
0
0
A
S TA TE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
CONTRACT PLANS
FINANCIAL PROJECT ID 196806-1-52-01
(FEDERAL FUNDS)
OKEECHOBEE COUN TY
INDEX OF LANDSCAPING PLANS
STATE ROAD NO. 15 (US 441)
SHEET No. SHEET DESCRIPTION
I KEY SHEE r
LO 2 TECHNICAL A64 INamwe PLAN
L 0'3 LD-4 PLANT I NG PLANS
LD'5 PLANTING DETAILS
LANDSCAPING PLCVS
LD-6 PLANTING TECHNICAL mores
GOVERNING STANCARDS AND SPECIFICATIONS,
FLORIDA DEPARTMENT OF TRANSPORTATION,
DESGN STANDARDS DATED JAWARY 2OW,
AND STANDARDS SPECIFICATIONS FOR ROAD AND BRIDGE
WNSTRUCTION DATED 2XO ,
As AuENDED By CONTRACT owjmemTS.
REVISIONS
FDOT PROJEC7- MANAGER: AMY SHAFER, P.E.
PENS
W.Pd. NO. //IT///
�L'A
WDEACALE
ROADHA Y LANDSCAPE PLANS
LANDSCAPE ARCHI rECf OF RECORD
SCOTT J BARBER RLA. '1660
C142MMILL. INC.
ONE HARVARD CRI CLE
REST PALMOCACH, FL 33409
156IJ 515-6641
PLANT ING PLANS PREPARED BY.-
scorri. BARBER RLA. '1660
042MMILL, INC.
ONE HARVARD CRICLE
AESr PALM BEACH, Ft 33409
(5611515-5641
NOTE: THE SCALE a' THESE PLANS MAY
HAVE CHANGED DO TO REPROOLICTJON.
DESIGN BUILD PROJECT
MAY 2002
KEY SHEET REVISIONS LANDSCAPING PLANS
DATE I BY OESCRiprGN ENGINEER or RECORD: SWrT BARBER. RLA
REGISTRATION AAO� ISSO
FISCAL SHEET
YEAR NO.
0i LD-I
NOTE: X !SINGLE OCCURRENCE
0
M4 I NTENA NCE
OPERA T I ON
KEXI MONTH
wowl:HEIGHT
6/N
EDGING
1454TERING
KEDING
FEC14NI CA L MA / NTENA NCE PLA N
90 OA Y ES rA 8L I SHMENT LOCAL GOVERNMENT COMMITMENT ON YEARLY CYCLE
81-WEEKL Y CYCLE I
1 2 3 4 5 6 7 8 9 10 1] 12 JAN IFE8 IM4RI APR I M4YIJUN IJULIAUG IsEp I ocrl NOVI DEC
X X X X X X X I X I X I XX I xx I XX I XX I xx I XX I XX I X I X
coNTRAc TOR TO A#OW ON A 81-KCEKLYBASIS LOCAL GOVERNMENT To MOWON 81-0EEKLY BASIS FROMAPRIL TO
WITH1NcoivsrRucr1ONL1mi,rsoUR1NG OCTOBER (YARMSEASONI
WARRANTY PERIOD. AND moNrHL Y BASIS FROMNOVEMBER TO A44RCH (COOL SEASONI.
X X I X X I X X
CONTRACTOR TO EDGE SIDEV44LKS WITHIN
CONSTRUCTION L IMI TS AT EACH NOWING.
3 3 3 3 1 2 2 - Z I I I I I
MrERING TO BE PERFORMED EACH KEEN OF
rRE wmRRANry PERIOD A r THE FREQUENCIES
INDICATED ABOVE FOR KAX MYRTLE PLANTINGS
(SEE APPL ICA rioN RA re TABLE, SHEET LD-5).
BACKFILL AND WArEft-IN EACH PLANTING IN
rHREELAYERS. COAPLETELYsAruRATEANO
coApAcr PLANriNc HOLE TO COMPLETE
INSTALLA rIoN OPERATION.
CONTRACTOR SHALL BE RESPONSIBLE FOR
SUPPLYING VA TER AND ALL ASSOCIA TEO COSTS
PRIOR TO IRRIGA rioN sysirrmsecomiNG
OPERA rIONAL. AFTER THE IRRIGA TION SYSTEM
I s co"ot E rED A NO Ac rERs HA VE BEEN I NS rA L L ED.
CONTRACTOR WILL SUPPLY NTER VIA THE
OPERATING IRRIGATIONSYSTEM
HAND mmrER VAX MYRTLE SHRUBS FORPERIOD OF
90 OA YS A r THE RA rE sHoiw ON THE M rER RA re
TABLE (SEE LO-5).
x I I X I I x I I X I I X X
81-*EEKLYCOGINGBYACCHANICAL EDGER,
LOCAL GOVERNMENT TO MTER AS NEEDED AFTER 90 DAY
ES rA BL I SHMFNr PER I Do
I I X X I I X I I X I I X I I X I I X
CONTRACTOR TO *fED ALL PLANTING BEDS AND 8 1 - MONTHL Y K ED I NG 8 Y CHEMI CA L HERB I C 106 'ROUNDUP'. A PPL I ED
INDIVIDUAL rREE IWLLS ONE TIME IN THE THIRO� AT A RATE or i 11Z OZ. PER GALLON USING 15 GALLON BACKPACK
4 WEN PERIOD BEFORE END OF 90 OA Y MRRANTY SPRA YER UNDER 6 UPER V I S I ONOF L I CENS ED OPERA TOP.
PERIOO�
PRUNI NG
As NEEDED TO REMOVE MECHANICALL Y DAA44GED
BRA NCHES DUE TO HA NOL I NG. MUS T A44 I N rA I N
FL OR I OA ORA DE 'I FORM FOR F I NA L A CCEP TA NCE.
FER T I L I ZA r I ON
TREES. A NO SHRUBS To BE FeR r I L I ZED A S PL A NTED
USING 20-10-5 ANALYSIS. SLOW RELEASE AGRI FORM
OR EQUAL TABLETS. TABLETS TO BE UNIFORML Y
PLACED AROUND THE ROOT BALL A r THE Top OF
THE FIRST LAYER OF PREPARED BACKFILL. SEE
CONSTRUCTION FERra IZER APPL I CA r1oN RA rE
TABLE. SEE SHEET LD-5 FOR TABLET SIZE.
APPL ICA rION RATE, ANOPLACEACNT INFOR94TION.
APJL CHI NG 3 1 NCIIES
COARSEL Y
MULCH IMMEDIAIEL Y ON EACH PLANTING AFTER
GROUND
wm TER I NG- I N EA CH PLANT
RECYCLED
PLANT PALLETS
I DATE I BY
REVISIONS
OESCRIP TION I DATE I Or 1
PRUNING TO BE ACCOMPLISHED USING CRAIN SAKS, HAND SA*S. AND
LOPfNG SHEARS. rREES TO BE PRUNED AS NEEDED rOACHIEVE REQUIRED
CLEAR TRUNK & VISIBILi rysrANoARDs OF F INDEX 546 OVER TIME.
srcoNo PRUNING OF cRAPE MYRTLES fay THE cl ry OF OKEECHOBEE) To
OCCUR IN THE IST )WEN OFAuGvsr TO PRUDUCE SECOND BLOOMCYCLE.
TREES. SHRUBS. & SOD To BE FERra IZED ANNUALL Y By Top
DRESSING USING BROADCAST SPREADER. 16-4-8ANALYSIS,
PELLEriZEDFERraizER roBEAPPLIEDAT RATE OF2 LOS
PER rREFIAPPL ICA rION. FOR GROUND COVER BEDS APPLY
6 LBS. PER 1000 SF
RESTORE 3 INCHES LAYER OF MULCHING ONCE A YEAk
DEscRIPrIoN U
CHMMIHILL
225 E. Rcbinwn Svet Suit. 505
00—do. FL 32801�321
rECHNI CAL A44 I Nl`MNCE PLAN
APPROVED BY: rc.
C I T Y or OKEECHOBEE. FL OR I DA
STA7T W;=rA77aV I
DffPA,R7WWNT OF R,, , � SR 15 (US 44 1)
1ROAD NO. I COUN"COUNTY � FINAWIA1.
51? 15 (US *V) OKEECHOBEE 196606-1-52-01 TECHNICAL MAINTENANCE PLAN
SHEE T
NO.
4
LD-2
9
E
V)
LLJ
-j
X
DA FE By
25, O.C.
rwpl-
227.75'
co
in:
CRI
(45 ldpH
TlaWT LIWE
J�LE
Mif
R E V I S 10 At S
qFscRiprioN I DA FE I BY
642,75'
21 AK/LcH J
AREA TYP.
PT STA. ?30+15.861
Q
5�7
STA
LND L A NG N
LEGEND
(? CRAPE MYRTLE - LAGERSTROMIA INDICA (10)
0 INDIAN HAWTHORN - RHAPHIOLEPIS INDICA (868)
DESCRIPTION ST4 7F OF A7,00VA
a DEPARTMENT OF 7XtNSFORT477aV
)ROAD NO. COUNTY FINAICIAL PROJECT 10
CH2MHllJL __I
225 E. R h Suits 506 SIR 15 (US 441) OKEECHOWE 196806-1-52-01
0001do.cOM32aOSM2
SR 15 (US 44 1)
PLANTING PLANS
588
Sol
4
SHEET
NO.
LD-4
U)
,CC
f- I
4
I DA rE _-Y
6725'
r 7
125, O.C..
577 578 579 580
Z' MULCH AREA
�45
IFLEAR srFE 63
LIMI
482.?5'
LEGEND
(? CRAPE MYRTLE - LAGERSTROMIA INDICA (J)
E) WAX MYRTLE - MYRICA CERIFERA (33)
a INDIAN HAWTHORN - RHAPHIOLEPIS INDICA (36J)
REVISIONS srA7T OF FLORMA
OESCRIPTAON DEPARTA[FA7 OF 77ON I
ROAO AV. COUN ry FINAWIAL. PMJEC7- /0 1 SR 15 (US 44 1)
CHMMHILL PLAN TING PLANS
WE. N ir� S Suite 506 SP is tus 44v 1 oKEEcHoBEE COUNTr 196806-1-52-01
� A
L 32ao,!2r
2,
SHEE T
NO.
LD-3
0
CONSTRUCTION FERTILIZAT'IONAPPLICATION RATES (BYCONrRACrOR)
rREES I : 'ARIIIS PER — III —M rAllill
S�ovws rABLErS PER SHMM (21 com rABLEri
WA TER I NG A PPL I CA T I ON RA TES (PER PL A NT)
Inn
lGaL. SPRAYED OVER WINE ftANrIM NED
smws
PLANT L IST
mAff .0. 44.1' 11141111E
LA"RSTMrWA MOICA awle �FLE RLE rs".
e �Ia CERIFEM Z MVNrLE 15 at. 2. mr . I- spR
0 "mlarp's 'Rolo ImoANmlwumm Y GAL. WNt�:Z'SAN
I DA TE BY
I
EROS/ ON CONTROL NOTE:
I. I rSK4LL Of THE RESPOI6181L I ty OF rHECaNrRACrOR
To CONTROL SP I LLAGE OF EXCESS Of RT ON RGAOMY TRAVEL LANES.
ORIVEVAYS. CURBS. AND SIDEVALKS.
NOTE. SEE HAND M TER? NO SCHEDULE
FOR vAqx myRrLE ON sHur Loz.
M — yd. (MIN.)
PREPARED TOPSOIL
3' WE CH LAYER
BACKFILL
3"EARrHEN SAUCER
FINIS14 GRADE
COAFACT IN THIRDS
Exisr1mcc Sol
FERrawR TABLETS ryp
PREPARED TOPSOIL oAcKFiLL
Ill
SHRUB*ELL DIAmcrER
SHRUB P IT TO BE 2X
WlDrHoFRoor9ALL (MIN.)
SHRUB PLA NT I NG DE TA / L
N. r. S.
REVISIONS
orscRiprAN OA TZ BY
DESCRIPTION
C*f2MHILL
6rltl F- RIM So—E, S.itm 505
_00. FL 32801-4321
FAs rEN S TAKE & CROSS
AcAeE,p roar rmER wi rH
1212.5* DRYML L SCRE*S
2"X Z' X 4' STAKE
wirHtoNcrAPER�mim. t--4
INTO UNDISTURBED SOIL —
EXISTING SOIL Or;
FERTILIZER TABLETS r
3" MUL CH LA YER
2" X Z, X 41
CROSS ACAARER
6- EARTHEN SAUCER
T IN rmiRDs
SH GRADE
�'vl — 2. 5 m yd& 001 N. )
COAPA CT 8A CKF I L L I N THI RD$ " . [—PREPARED TOPSOIL
1�ACK ILL
COAFA CtED TOP SOIL
st MING BED
CPA PE MYR TL E TREE PLA NT I NG DE TA I L
N. T S.
0 )o F..ERnLIZER rABLETs ryp
EXCAVArIONLIMITS
rREE 2 X2-X
4 CROSS A4EAEER
2. X Z"X
SCREM ITYP 4' STAKE
(2) Z. S' DRYMLL
TREE PLANTING DETA IL
PLAN VIEW N. T S.
SHRUB
—3' ANIL CH LA YCR
SLOPE PLANTING BED AT typ, I-r-ExisrlNG CURB
2Z GRADE up ro CROW
A F CENTERL INE r—ExISrING PAVEWNr
D
I
TYPICAL SECTION TPROUGH PLANTINGS IN MEDIAN
NrS
SrA= aw FLORBU SHEET
MIARTAWNr OF MQIM�.47701V SR 15 (US 44 1) NO.
ROAD NO. I OKEE COUNTYCOU"TY I FINANCIAL PRojEcr io
SR 15 (US 44) CHOWE /96806-1-52-01 PLANTING DETAILS LD-5
0
I I A:
A- ) PLANTING TECHNICAL NOTES
z� THE FL oRt aA DEPARTMENT OF rRANspaRrA ri aA s,,4
— - I g% FIR N 00 EOIr/0?4 SECrION110, CLEARING AND
GRUBBIRM SE-Ir . Tr.�'-1
CTI IA .1 ING. THE
GUIDE, 1995 0/ r, ON. INDEX546. SIGHT OISrARCEAr INTERSECTIONS. FOOr
PLANS PREPARAriONMANUAL. DEsiVNGEoAArrRrANOCRIrERIA TABLE1.11.5
ANDELEMENtS RELATED TOSAFETYWLL GOVERNTHE LANDSCAPE
CONSTRUCTION WRK UNDER rNis CONTRACT EXCEPT FOR TWSEA001 TIONAL
rECHNICA L SPECIAL PROVISIONS_
4 THE PROJECT AMMAGER SMALL MEAN THROUGHOUT THE TEXT OF THESE CONTRACT
DocuAfENTS THE ASSIGNED PROJECT MINAGER OF THE OEPARrAirtir or
rRANSPORTA ri ON. DISTRICT ONE. PROJECT mimarAirmr. Ats. 1.29. P. a sox
)249. BARTOW FLOR)EA 33B31. (914) Sig-261).
3. THE DISTRICT LANDSCAPE AMNACER SMALL MEAN rMROUcNOur rMe TEXT OF THESE
CONTRA Cr DOCUMENTS THE'LANDSCAPE ARCJ41 rECTOF rME DEPARTMENT OF
TRANSPORTATION. DISroicr ONE. ENVIROMENTAL mAwGEAirNr OFFICE. Ms. i.4o.
P. a BOX 1249. BARTOW FLORIDA 33831. 0411519-2365.
4. THE PROJECT ENGINEER SMALL MEAN THROUGHOUT rHc TEXT OF THESE CONTRACT
DOCUMENTS THE ASSIGNED PROJECT ENGINEER OF THE DEPARTMENT RESIDENT
ENGINEER. RURAL CONSTRUCTION OFFICE, 495 FAYE DRIVE.
LANE PLACID. FLORIDA 33852. 18631699-9030.
5. PLANT AN rERIAL SUPSTI rUrIONS WILL BE PERMI TTEP ON( Y UPON SUBMISSION Of
SUFFICIENT PROOF rN4 r ANY OF THE SPECIFIED PLANTS ARE Nor OBTA IN48LE AND
upom CONSENSUS OF THE ci ry OF aKErcHaeEr. FLORIDA DEPARTMENT OF rRAmspoprA riam.
AND THE ENGINEER.
6. THE CONTRACTOR SMALL FURNISH THE ENGINEER *7 rHA SAMPLE OF rMf PREPARED
BACKFILL SOIL SPECIFIED FOR THIS PROJECT FOR TESTING By THE oisrRicr MATERIALS
LAO. A PREPARED BACKFILL MIX SHALL BE MADE UP OF PULVERIZED PEAT AND
coArasrEo rAsrE. compoNENr OF 4OZANDA 60Z COMIVNENt OF FRIABLE, DEBRIS -FREE
CLEAN. COARSE $AND FILL. THE AaxruRE IS TO 14AVE A PH RANGE OF 5.5 TO 6.5 AND A
ORGANIC CONTENT OF BErWEEN30-40Z. A00i rioviwL SAMPLE OF THE CONTRACTORS
PREPARED SOIL srocxplLCS WILL BE SAAFLEDAf THE canstwucrtoiii St rf By rMf
PROJECT ENGINEER OR HIS DESIGNATE AND SENT To THE DISTRICT A*TERIALS LAO FOR
rEsriNc TO VERIFY THE DEL IVERED ARTERIAL's SUITAOIL ITY BEFORE PLANTING BEGINS
AND AS I r CONTI mufS.
7 THE ENGINEER SMALL PRESELECTANO INSPECT ALL PLANT ARTERIAL FOR rmis PRojfcr Ei rHcR
AT THE PLACE Or GROWTH OR AT rUFSU9CONtRACrORS HOLDING AREA FOR COAN-C JANCE Wit rH
rmE AM TERIAL qaAL I TV REQUIREMENTS. ALL ACCEPTABLE PLANTS WILL BE rAGGEDAT THIS
Time FOR DEL tvERY TO THE PROJECT 51 Ir. A WI rrEN TALLY sHEcr OF Tier INSPECTEOANO
TAGGED ARTERIAL witt or ppav(aEo To THE emiciman. IN No CASE SMALL UNTAGOEO
ARTERIAL BE DEL I VERED 0.9 PLANTED BY THE CONTRACTOR. A SUBSEQUENT INSTALLATION
INSPECTION SHALL Of PREFORMED ay THE ENGINEER Do His REPResEmrArl ve TO VERIFY
rMA r NO UN -TAGGED AN TERIAL WAS PLANTED OR HAS BEEN MECHANICALL Y OR OTHERWISE
INJURED IN DEL I VERY OR MANDL ING. ANY PLANT AM rERIAL REJECTED A r THIS TIME SHALL
BE REMOVED FROM THE PROJECT St TE. ALL REPLACEMENT ARTERIAL SUPPL IED BY THE
CONTRACTOR SHAL L BE SUBJECT TO THE SAME INSPECTION PROCESS. MULCH. FERriL izER
AND GUYING Mil rfRtALS SAMPLES AND Suomi rrALs SMALL BE SENT TO THE ENGINEER
FOR PRE -APPROVAL.
ALL PLANT ARTERIAL$ ARE TO BE SUPPL IEO IN GOOD NEAL rHAND FREE FROM DISEASE
OR INFESTATIONS. AND GUARANTEED BY THE CONTRACTOR. ON COMPLEriom OF A SEMI -FINAL
[SUBSTANTIAL COMPLETI ON) INSPECTI ON AND AFTER CORRECTION OF NOTED DEFICIENCES FOUND
OURI NO THE INSPECTI ON ARE COAFL ErED BY THE CONTRACTOR, A 90 DAY ESrA8L ISHMENT
PERIOD SMALL BEGIN. ALL PLANT ARTERIAL SHALL MEET THE DIVISION OF PLANT IN0USrRY*S
FLORIDA GRADES AND STANDARDS. FLORIDA'/ GRADE. FOR EACH SPECIFIC SPECIES AT THE
END OF THIS PERIOD. IT wiLL Of THE OPTION OF THE 0EPARrWN,rAr THE ENO OF THE
ESTAOL ISHMENr PERIOD To REPLACE INDIVIDUAL PLANTS AND EXTEND THE ORIGINAL 90 DAY
Es rAvL isHAEvr PERI 00 Fop THOSE I rEA6. REPLACE INOI VI DUAL PLANT$ AND Nor exrEiVo THE
90 DAY ESTASL ISHMENT PERIOD. OR REQUEST A CREDIT FOR THE REJECTED PAY I TEM VALUE
FROM rME CONTRACTOR.
9. THE CONTRACTOR SHALL. PRIOR To LA Your AND EXCAVATING FOR THE PLANrINGAREA,
PER FLORIDA STATUTES 553,851, CALL THE uralryLoww SERVICE suNsHiNc STATE ONE'.
(8001432-4770. THIS CALL WILL BE PLACEDA MINIMUMOF TWO IZI DAYS AMOA ANXIMUMOF
FIVE 15) DAYS BEFORE BEGINNING EXCAVATION. ANYLOCATION44 Conn tcrs FOUND THROUGH
THIS SERV)CE SMALL BE BROUG14T TO IKE ATTENTION oF THE ENG)NNER FOR RESOLUTION.
I REVISIONS
I OA rE BY Q�SCRIPTION OA rE
DESCRIPTION
CH2MHILL
�Wotiiiwiin Stnwt Suits 505
. FL 32601 e321
to. rAcHpmAsE OF THIS coNsrRucriampRojrcr*s WORK WILL Of INSPECTED SEPERAIELY.
THE CONTRACTOR SHALL LAYOUT THE TREE LOCATIONS AND PLANTING BED OUTLINES FOR
isspEcriaNsy THE ENGINEER PRIOR TO BECINNINGANY CLEARINGAND GRUBBING OR
EXCAVATIONS. INDIVIDUAL TREE LOCATIONS WILL BE INSPECTED BY THE ENGINEER OPHIS
DESIGNArEPRIORrOPLANrlAfGAAFDBACKFILLIWI GUYINGISrAKING. MULCHINGANDSIIE
CLEAN UP WILL Of INSPECTED BY THE ENGINEER DURING THE SEMI-FIM4L INSPECTION ALL
PLANTING AREAS SMALL BE 'DRESSED OWAND THE TOTAL CONSIRUCT)ON SI TE CLEANED
PRIOR To REQuEsriNc THIS tMspfcriLW A REQursr Fop ruis INSPECTION SMALL BE Apar
BY THE CONTRACTOR TO THE ENGINCERAr LEAST 7z moups, PRIOR TO THE ANTICIPATED
DATE OF SUBSTANTIAL ca&FLEriaiii. ON COMPLETION OF THIS SEmt-FtNAL INSPECTIONAND
AFTER CaRRECTiONaF DEFiCIENcES By THE CONTRACTOR. rNE90DAYESTABLISHMENr
PERIOD SHALL BEGIN. THIS ESrAlOLISHMfnrpfRiDo rERAiwyLL Or ISSUED IN WRITING
BY rNf ENGINEER oNsArisrAcrioN THAT SEAWI-FIMAL ACCEPTANCE DEFICIENCES HAVE
BEEN CORRECTED BY THE CONTRACTOR.
11. ALL PLANT ExcAvAriaNs SHALL BE DUG AS DETA ILED ON $MEET LD-5. ALL EXCAVATED
SOIL AND UNEARTHED DEBRIS SHALL BE REMOVED FROM THE PROJECT SI rf. EACH HOLE
SHALL BE BACKFILLED *7 IN THE PREPARED BACKFILL IN ACCORDANCE WI IM INDUSTRY
PRACTICE WiICH IS DEFINED AS BACXFILL ING IN THIRDS - W? TH THE SLOWRELEASE FrRrIL IZER
DISTRIBUTED UNIFaPAL YA r THE Top of rmE oorromONE-rHIRD LAYER. EACH LAYER OF
SACKFILL ING SHALL BE VA TERED IN AND ALLOWED To SETTLE AROUND THE RoorgALL.
AFTER WarER IS ABSORBED THE LA YERS SHALL BE rAAFfO L IGHrLY To compAcr
NO OACKFILL mix is to COVER rME rap OF THE ROCIVALL. WHEN WATERING IN AND
COMpAcriom is COAPLErED. THE CONTRACTOR SHALL CONSTRUCT AN EARTHEN SAUCER
AS DETA ILED ON SHEET LD-S. IF A00i riONAL SfTrL ING OCCURS. THE CONTRACTOR SMALL
BRING UP THE SETTLED PLANTS SACK TO FINISHED GRAVE.
12. ALL PLANTS SHALL BE SET PLUMS AND THEIR BEST TACE'ORICNTED FOR THE MOST
DESIRED EFFECT rmA t is. THE wsr A rrRACTI VE SIDE Of THE PLANT SHALL BE Past rioffo
TO THE A64 I N POI Nr OF VI EW
13. A F TER A L L Pt A Nr I NO OPERA r I ONS A RE comPL E rC A NO BEFORE Nit C141 Mi THE CONTRA CIOR
SMA L L F I RP SH CPA DE A L L PLA N? I NG BE DS. L EA V I NO THEM E VENL Y $URFA CE 0. FREE FROM
DEPRESSIONS. DEBRIS. STONES, RUBBISH ETC.. AMDAr4 1NcHEs9fLowsuRRauNoixG GRADE
A NO Top or CURBS To RCCI EVE MULCH.
14. MUL CH I S TO CONS I S r OF Ca4 RSEL Y GROUND RECYL ED WOODEN PA L L E IS, MUL CH SAW L L
BE FREE OF A L L DURI S. ESPECIA L L Y MAI I L S. S TA PL ES o r 0 rHER FORMS OF A r rA CHAdfN r
USED I N CONS fRUCr I ON OF THE PA L L f IS, A NO A L S 0 FROM SO I L. saa PL A N r DEOR I S. OR 0 rMER
CONTA AN MENTS. AIUL CH S MA L L BE GROUND s ucm rMA r NO WOODEN SNA RD EX CEEDS 3 1 MCHES
IN LENGTH. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROCUREMENT OF THE RECYLEO PLANT
PALLET MULCH IN SUFFICIENT quAmri TV To ENSURE A MINIMUM UNIFORMAlUtcH DEPTH OF 3 INCHES.
THE CONTRACTOR S14ALL SUPPL Y A SAMPLE OF THE PREPARED MULCH To rue ENGINEER PRIOR TO
COMMIENCEAFNr OF PLANTING OPERA rioNs. THE ENGINEER SHALL REJECT ANY MULCH WHICH DOES
Nor icEr REQUIREMENTS. THE CONTRACTOR SHALL Of RESPONSIBLE FOR REMOVAL AND REPLAcEMFMr
Of ANY AAULCH fOUNO SUBSTANDARD W7 THIN SEVEN 17) aA rs OF tioriricA rioN BY THE ENGINEER,
15. PRIOR TO PLANT INS/AtLA rION, A GRANULAR PRE-CAAERGENT HERBICIDE SHALL Of PLACED EVENL Y ON THE
FINISHED GRADE ENTIREL Y COVERING ALL PLANTING BEDS.
is. UPON comparioN OF PLANTING OPERA flONS IN EACH oistiNcr PLANTING AREA, THE CONTRACTOR
514ALL CLEAN, SWEEP VANSHANO orNERwiSE RESTORE ALL PA VEMFNr STRUCTURAL SURFACES AND
OTHER AREAS SOILED DURING THE WORK.
17 THE CONTRACTOR S14ALL I NEDIATEL Y COMMENCE AM INVEMANCE AFTER EACH PLANT IS INSTALLED
AND THIS A04 INTENANCE SHALL CONTINUE UNTIL WON UNDER THIS CONTRACT is ACCE , PIED. A r WORK
coAPLEriON AND ACCEPTANCE. THE ct TV or OKEECHOBEE SHALL ASSUAAF THE RESPONSIBIL I TY OF
A64 INrEM4NCE UNDER THE TERMS Of THE AM INrEMANCE PLAN ON smEcr LD-3.
18. NO LA TER THAN ONE (1) MONTH AFTER THE DATE OPSEAFIF) MAL INSPECTION FOR THE PROJECT THE
CONTRACTOR SHALL FURNISH To THE ENGINEER `AS-8UiL r" PLANTING PLANSI DETA ILS. SHOWING. IN
RED L INFS� ANY AND ALL APPROVED CHANGES AMDE DURING THE PROjecr,s CONSTRUCTION. rW`O
121 SETS OF APPROVED DRAWINGS WILL Of FURNISHED To rHe CONTRACTOR FOR THIS PURPOSE A r
THE PRE -CONSTRUCTION CONFERENCE.
STA7T OF MORMAL
I OF 7XtA%v0RTA770N SR
ROAD MO.
SR 15 (US I ONEE COUNTY FINANCIAL PAWECT ID
441) cwwE COUNTY 196806-1-52-01 PLANTING
I -
5HEE r
15 (US 44 NO.
TECHNICAL NOTES LD-6
6
CITY OF OKEECHOBEE
MEMORANDUM
TO: Mayor and City Council DATE: February 26, 2004
SUBJECT: Status Report
FROM: Bill L. Veach, City Administrator
Below is a brief summary of past and upcoming events.
ADMINISTRATION GRIT — Attorney Cook has recently communicated with Steve Robbins and the GRIT
AND GENERAL attorneys regarding a follow-up on a proposal from GRIT. It would appear we are
SERVICES moving closer to a proposal, which will be presented to the City Council for
consideration soon.
Industrial Park — Marge Henry from OTTED ($1.125 million EDTF Grant) made a
site visit on February 23rd and toured our proposed industrial park. She indicated that it
normally takes a few weeks to obtain approval following a site visit. However, she
intends to get our approval ASAP, perhaps by Monday, March 1, or shortly thereafter.
She also indicates that there is strong support for the project in the Governor's office.
Asa Williams, EDA's Atlanta based administrator, has received industructure design
submittals from CAS. While minor details are still being exchanged, Mr. Williams has
given his approval to go forward with bidding for construction. We should receive the
advertisement for bids form CAS on February 25 and we will advertise immediately.
CAS will submit a final plat to the City Council on March 2. John Cook has several
issues to address in the preparation of the plat submittal but feels he can meet this
tirneline, as well. Jim Orth will be present to answer any questions you may have.
Relay for Life — Tremendous thanks go out to everyone who helped with the recent
Relay for Life fundraiser at City Hall. Councilman Chandler provided a cooker and
Councilmen Watford and Markham helped package lunches. Every City Department
contributed significantly, as well. Over $500 was donated to the cause.
Impact Fees — I have discussed the impact fee issue with George Long and he has
requested sample RFP's from other entities. As soon as we receive these examples, we
will begin drafting our own document.
ADMINISTRATION
Discussing Issues with Officials — On Tuesday, February 2e, Mayor Kirk and I met
AND GENERAL
with SFVVMD Director Henry Dean, Senator Alexander, Representative Machek and
SERVICES
officials from DEP to discuss issues ranging from wetland designations in our industrial
CONTINUED
park to stormwater master plans for our City. I feel we were able to heighten
awareness for our concerns and ensure that our message is being heard.
PUBLIC WORKS
The RFP for this year's proposed street projects is complete and has been advertised.
Oscar Bermudez has also prepared the engineered drawings for the work to be done
with regard to Downtown Redevelopment (parks & sidewalks) and necessary
submittals have been sent to state agencies for review.
Donnie Robertson continues preparation for the modifications to the e Street boat
ramp. His staff has recently completed a round of canal sprayings, which Donnie
indicates went well.
The Code Enforcement Board has found Marvin Brantley in violation of 7 sections of
CODE
Chapter 30 ofthe City's Code of Ordinances. They imposed fines ranging from $25 to
ENFORCEMENT
$50 per day for each offense, some starting immediately and others commencing within
the next 60 days. The offenses range from illegally moored boats in Taylor Creek to
fencing issues, setbacks and accessibility requirements at his junkyard.
FINANCE
Staff is working with the auditors in finalizing this year's audit. The major missing
component is the financial reports related to pensions, which must be provided by
OUA.
POLICE
The police department has received delivery ofthis year's new cars and they are on the
DEPARTMENT
road. Preparations for the delivery of our old cars to purchasing entities are well under
way. Chief Davis and Major Raulerson are exploring the possibility of modiPling next
year's fleet request to include a limited number of SUV's.
A back-up communications console has been purchased from Stuart. The system has
been installed at the police station and both the police and fire departments indicate this
is a much -needed enhancement. In the past, a backup had to be borrowed when we
encountered difficulties with our primary system. The console was purchased for about
$1,700.00 New, it would have cost over $10,000-00. Chief Davis should be
commended for his efforts in this acquisition.
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ARTMEN7,
FIRE
DEPARTMENT
CITY ATTORNEY
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Chief Tomey is finalizing details that will permit the installation of a new repeater
system for the department's radios. This should enhance communication capabilities
and improve safety for our on scene safety personnel.
Chief Tomey continues to raise the issue of possible future increases in the City's ISO
rating. The Chief feels strongly that the City's ISO rating will be increased significantly
(to possible maximum levels) when the new Court House becomes operational, if the
City does not acquire a ladder truck This will likely be a discussion for a future City
Council meeting.
The following are included in the items I have asked Attorney Cook to address.
I . Legal issues related to the development and sale of land within the City's
Industrial Park.
2. Recommendations related to reversionary action in alley closings, etc.
3. Hamrick Trust — John is in discussion with the County Attorney on this matter.
4. Research annexation issues.
5. GRIT issues.
6. LDR issues, such as conversion of former residential structures to commercial,
non -conforming structures, building site elevations, visibility triangles, drainage,
sidewalk requirements and street cut/right-of-way resolution.
7. Marvin Brantley's continuing situation.