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2005-01-04 Regular Meeting15R CITY OF OKEECHOBEE JANUARY 412005 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: January 4, 2005, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Jim Hudson, Nazarene Church; Pledge of Allegiance led by Mayor. III. 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 Melisa Eddings IV. PRESENTATIONS AND PROCLAMATIONS. A. Mayor Kirk presented Council Member Clayton Williams a plaque with a key representing the City and honoring his years of service on the City Council. V. MINUTES - City Clerk. PAGE 10F 12 Mayor Kirk called the January 4, 2005 Regular City Council Meeting to order at 6:00 p.m. The Invocation was offered by Reverend Hudson of the Church of the Nazarene; Boy Scout Troop 955 who were in attendance and working toward earning a merit badge led the Pledge of Allegiance. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Mayor Kirk presented to Clayton Williams, a plaque with a Key to the City, honoring his years of service on the City Council, January 2, 2001 to January 4, 2005. Council Member Williams thanked Mayor Kirk and added that he appreciated the plaque, "... it has been a good four years; (speaking to the Boy Scouts he stated) do not forget about participating in your government; to the City Staff, I have appreciated your hard work and dedication. This is a great City, I believe it will continue to expound in its greatness. A. Motion to dispense with the reading and approve the Summary of Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the December 7, 2004 Regular Meeting. December 7, 2004 Regular Meeting; seconded by Council Member C. Williams. There was no discussion on this item. V. MINUTES CONTINUED, A. Motion to dispense with the reading and approve the Summary of Council Action for the December 7, 2004 Regular Meeting continued. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the November 2004 Warrant Register: General Fund ............................. $256,977.47 Industrial Development Fund ................. $228,522.00 Capital Projects (vehicles) ................... $ 17,250.00 Public Facility Improvements Fund ............. $ 113.89 VII. AGENDA - Mayor. JANUARY 4, 2005 - REGULAR MEETING - PAGE 2 OF 12 159 all i : KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve the November 2004 Warrant Register in the amounts: General Fund, two hundred fifty-six thousand, nine hundred seventy-seven dollars and forty-seven cents ($256,977.47); Industrial Development Fund, two hundred twenty-eight thousand, five hundred twenty-two dollars and zero cents ($228,522.00); Capital Improvement Projects Fund (vehicles), seventeen thousand, two hundred fifty dollars and zero cents ($17,250.00); Public Facility Improvements Fund, one hundred thirteen dollars and eighty-nine cents ($113.89); seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA CHANDLER -YEA MARKHAM-YEA WATFORD - YEA C. WILLIAMS - YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. There were none. VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:08 P.M. 160 JANUARY 4, 2005 - REGULAR MEETING - PAGE 3 OF 12 Ar.FNna COUNCIL ACTION - DISCUSSION VOTE Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 1. a) Motion to read by title only proposed Ordinance No. 877 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 877 regarding Rezoning Application Rezoning Application No. 04-010-R submitted by Chris and Gail No. 04-010-R submitted by Chris and Gail Newman; seconded by Council Member Markham. Newman - City Planing Consultant (Exhibit 1). b) Vote on motion to read by title only proposed Ordinance No. 877. VOTE KIRK - YEA CHANDLER - YEA MARKHAM-YEA WATFORD - YEA C. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 877 by title only. Attorney Cook read proposed Ordinance No. 877 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OFLAND MORE PART►CULARLYDESCRIBED HEREIN, FROM HEAVYCOMMERCIAL (CHV) ZONING DISTRICT TO COMMERCIAL BUSINESS (CBD) ZONING DISTRICT, AMENDING THE ZONING MAP' ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 877. III Council Member Markham moved to adopt proposed Ordinance No. 877; seconded by Council Member Chandler. b) Public comments and discussion. The applicants are requesting a rezoning for Lots 3 through 12 of Block 153, City of Okeechobee Subdivision from Heavy Commercial (CHV) to Commercial Business District (CBD), in order to be relieved of some of the parking regulations required in the City's Land Development Regulations. The CBD Zoning District would give the applicants more flexibility in uses that could be accommodated by allowing alternative parking; and less strict parking and loading standards. The issue to be decided is whether this specific land area officially belongs within a CBD Zoning District. The Planning Board and Planning Staff are recommending approval based on the following criteria: Planning Staff Report Analysis: (1) The existing uses have already met the Comprehensive Plan requirements. The applicants are not presently proposing to change any of the existing uses already on the property. The CBD is certainly consistent with the Comprehensive Plan as long as the CBD characteristics are present at this site. (2) The applicants' request to rezone the property to the CBD Zoning District is appropriate under the Land Development Regulations. The existing uses are also allowed under this Zoning District and proposed uses would be allowed also. JANUARY 4, 2005 - REGULAR MEETING - PAGE 4 OF 12 161 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion continued. (3) The applicants' request should not have an adverse effect on the public interest. Traffic impacts will be minimal as long as adequate parking is available when people are conducting business at the commercial center. (4) The CBD Zoning is appropriate for this location. The current businesses have already been considered compatible with adjacent land uses. These uses are not detrimental to urbanizing land use patterns. Ingress and egress to the subject property will remain the same. To lessen parking for the area, the applicant will still have the burden of showing how street parking or other parking alternatives can lessen the normal off-street parking requirements. (5) The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. (6) The existing and proposed uses pose no impacts on the surrounding uses. Staff sees no need to impose buffering requirements upon the applicants as the adjacent property also shares the same CBD Zoning District. (7) The impact of the proposed district will not create a density pattern that would overburden public facilities. (8) Staff does not anticipate any traffic, flooding, or drainage problems with the proposed zoning district. It still is the burden of the applicant to demonstrate why parking requirements should be lessened for this location. (9) The proposed use has not been inordinately burdened by unnecessary restrictions. In fact, the CBD Zoning District will be granting more flexibility to the applicants. (10) No special privileges will be granted to the applicants that are not already allowed under the Land Development Code's regulations. Mayor Kirk asked whether there were any comments or questions from the public in regards to this item. Mr. Bruce Parrish, Attorney for the applicant addressed the Council stating the application was approved by your Planner, Mr. LaRue. You have an approval recommendation from the Planning Board. Basically the only problem is with parking. Under the Heavy Commercial zoning that exists, a 20 percent reduction in parking can be allowed, if Council determines to approve it. Under the CBD zoning, the parking can be reduced by 80 percent. He then gave various numbers of required parking spaces, what they would be with reduction, providing evidence that the existing buildings cannot meet parking requirements without reductions. Therefore, the purpose of changing the zoning is to try to correct a problem that is within the entire block. Stating further, that CBD zoning exists (only on the front side of State Road 70 East) one block to the West (CVS Pharmacy) and two blocks to the South (Visiting Nurses Association building). In closing he added that the change would increase the property in value, this property is an investment for the Newman's. We do not think what we are asking for is anything new, and this was nothing that the Newman's caused. In response to Attorney Parrish's last statement, Council Member Watford offered that, in essence, it was partly caused by the property owner since the Newman's applied for and obtained a front setback variance (from 20 feet to four feet) in order to save an old oak tree. 162 JANUARY 4, 2005 - REGULAR MEETING - PAGE 5 OF 12 AGENDA I COUNCIL ACTfUN •DISCUSSION •VOTE, VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion continued. The off-street parking was to be in the rear of the building. Attorney Parrish responded that he was not aware of the variance that was granted. Council Member Watford asked for clarification, to Attorney Cook, whether the reduction in parking that was granted to a previous tenant of the Newman's would automatically be granted to a new tenant as long as the type of business was the same? Attorney Cook responded no, any new tenant, regardless of the type of business, will have to come before the City Council requesting the parking reduction should they not be able to meet the parking requirements. Co -applicant and property owner, David Conlon, addressed the Council encouraging them to approve the ordinance. His property, fronts State Road 70 East, is the only vacant lot. He stated that the purpose for the rezoning, in his opinion, goes beyond the parking problems. Without changing the zoning to CBD it will be difficult to build and make it look correct. He listed examples of locations, descriptions and the perks as to why CBD would also be suitable for this block, in closing he offered that this is a unique piece of property. City Planning Consultant, Jim LaRue, presented research requested in order to give the history, basic purpose and intent of the CBD. According to the 1978 (orange) zoning book the initial intent of the Commercial Central Business District is a special district designed to meet the needs of the central area of the City. Permitted or permissible uses are generally those of the Commercial District, excepting those that are not in keeping with the character of the CBD District. Other differences are in yard and certain other requirements. It is intended to use the CBD District to maintain a compact, viable, and pleasing central business area, to encourage development and redevelopment for business purposes and to maintain the area as the center of the City's shopping, service, governmental and economic life. The City's Comprehensive Plan backs up the idea of a 80 percent reduction in one particular area, but does not specifically list what that area is or where it is. Southwest Park Street clearly shows a downtown CBD District, it is hard to determine whether or not the City forefathers intended for it to expand. At some point the CBD boundaries need to be established, however, as of now, it is not clear where that area is. Mr. LaRue offered that from a planning standpoint he would not recommend the City approve any additional rezonings to CBD any further East than this block. Council Member Watford then asked what the expected time frame was for the review of regulations to offer flexibility to Residential structures that are being redeveloped to Commercial? Mr. LaRue responded Spring of this year. Mr. Watford then asked, the City Planning Staffs recommendation along with the Planning Board's recommendation is strictly advisory only, the Council is not bound to uphold the recommendation, but can disagree with the recommendation? Attorney Cook answered that was correct, but cautioned that any decision made must be compatible with the Comprehensive Plan. JANUARY 4, 2005 - REGULAR MEETING - PAGE 6 OF 12163 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion continued. 1 Council Member Watford then asked, for clarification, just because the Land Use designation is Commercial does not automatically mean that the property can be zoned CBD? Mr. LaRue responded that was correct. Co -Applicant and property owner, John Whidden, Big Gator Pawn, briefly addressed the Council stating that his building is on the comer of North Park Street (SR 70) and Northeast 3rd Avenue. The building, along with others that front State Road 70 were built similar to the other CBD District buildings, before the existing Land Development Regulations were adopted, and that since the block is the same design he encouraged the Council to approve the rezoning. Council Member Markham added, should the zoning remain CHV or be changed to CBD, it does not create any additional parking spaces for anyone. The parking problem will still exist. He then asked whether or not any of the existing buildings could expand in size, should be it rezoned, since the maximum impervious is greater for CBD? Attorney Cook responded, they would still have to comply with all sections of the code, and obtain a variance for any further expansions, or reductions of parking requests, which is not an automatic approval just because it is requested. Mayor Kirk, Council Members Watford and Markham stated their concerns with expanding the CBD District and commenting that this is a hard decision. Council Member Watford especially listed his number one problem with the rezoning is he was of the opinion the CBD is for historical buildings. "Everyone realizes the problems that are in existence for the CBD area. Rules and regulations change throughout the years, but we do not need to create more problems for the future by expanding the area. Looking back, we see that we should not have allowed the variance for the newer Newman building. Now they need a change in zoning to correct something that was done at the request of the applicant, that bothers me. Expanding the CBD bothers me." We have to make the decision based on what is best for the City as a whole, "approving this, I do not think it will help the City, it will only be helping the applicant. We have helped this applicant and now we have to say this is the best we can do." Mayor Kirk added, "I know, as a Council we try to help our businesses, our records speaks for itself. We have held a lot of peoples feet to the fire, (regarding that they meet regulations). I am nervous about this, and I cannot see that it is good for the City. It is not our intention to do battle with the business community, but to use foresight to what the future is going to bring. I agree (with Watford) we have to draw the line for the CBD, and I do not know where that line should be either. It bothers me that 80 percent of the parking requirements could be waived. 164 JANUARY 4, 2005 - REGULAR MEETING - PAGE 7 OF 12 AGENDA i COUNCIL ACTION ''- DISCUSSION -VOTE J VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion continued. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. Discussion ensued, the majority of the Council agreed that changing the zoning was not going to make the parking problems disappear for these lots and existing buildings. It could make the situation worse. There are two residential uses within this block that are very old homes (over fifty years). Council briefly discussed what would happen when they are sold being that they are considered non -conforming uses. Attorney Cook commented that the Council will also be considering, later in the meeting, a proposed ordinance that prevents any additional applications for zoning changes to CBD. Basically, what is zoned CBD now, is all that will ever be zoned CBD, if adopted. Council Members Chandler and Williams added their comments, several buildings are already non -usable due to not being able to meet various requirements. Council Member Chandler stated, "I cannot see doing this to people, even if you reduce parking space requirements, people will still go to the businesses, we cannot control parking, the change in zoning may help, if not, we may have to change some of the rules to keep businesses from going out. We ought to help them some how, even though we have helped them out before." Council Member C. Williams expressed, "this is my last official item on this City Council. I have some reservations about it." He then explained about a visit to his daughter who lives out of town and they went to a small downtown area, which was basically shut down except for the restaurant they were going to, we had to walk three blocks to get a parking space. ".... with the way our town is laid out some of these things are just going to happen and you are going to have to fight for a parking spot. We cannot have all off-street parking, it is just the way it has evolved, and we are going to have to go with it." For the record, Mayor Kirk, Council Members Chandler, Markham, Watford and C. Williams disclosed that they discussed the application with the applicants prior to the meeting. VOTE KIRK - No CHANDLER -YEA MARKHAM - No WATFORD - NO C. WILLIAMS - YEA MOTION DENIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 7:04 P.M. JANUARY 4, 2005 - REGULAR MEETING - PAGE 8 OF 12 165 IX. NEW BUSINESS. A. Swearing in of newly elected officials and presentation of a The Honorable Judge Brennan addressed Mr. James (Jim) E. Kirk thanking him for his sixteen years of dedication to Certification of Election by the Honorable Shirley Brennan, County the citizens of Okeechobee. This will be Mr. Kirk's fifth consecutive year of office. She then administered the Oath of Judge: Office for a City Council Member to Mr. Kirk, whose term is January 4, 2005 through January 6, 2009. She also 11 presented him with a Certification of Election. 1. Council Members James "Jim" E. Kirk and Lydia Jean Judge Brennan then addressed Lydia Jean Williams, and congratulated her for being the first woman ever elected to Williams. the Okeechobee City Council. She then administered the Oath of Office for a City Council Member to Mrs. Williams. Mrs. Williams term is January 4, 2005 through January 6, 2009. A Certification of Election was also presented. B. Election of Mayor for a two year term. The floor was opened for nominations for Mayor. Council Member Watford made a motion to appoint James E. Kirk to serve as Mayor of the City of Okeechobee, term beginning January 4, 2005 through January 2, 2007; seconded by Council Member Markham. No other nominations were presented, therefore the floor was closed for nominations. VOTE KIRK - YEA CHANDLER -YEA MARKHAM-YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. C. Two-year appointments of Council Members to serve as City III The Council then reviewed and made two-year appointments to serve as City Liaisons to various Boards: Liaisons to various Boards: 1. Central Florida Regional Planning Council (1 member, Council Member Markham will replace Council Member C. Williams on the Central Florida Regional Planning Council. Clayton Williams currently serves). 2. Tourist Development Council (2 members, Noel Chandler Council Member L. Williams requested to be appointed to the Tourist Development Council, and will serve with Council and Lowry Markham currently serve). 11 Member Chandler. 166 JANUARY 4, 2005 - REGULAR MEETING - PAGE 9 OF 12 AGENDA COUNCIL ACTION- DISCUSSION -VOTE IX. NEW BUSINESS CONTINUED. C. 3. Okeechobee Development Authority (1 member, Dowling Council Member Watford currently serves on the Okeechobee Development Authority Board and will continue to serve. Watford currently serves). 4. Juvenile Justice Council (1 member, Jim Kirk currently Mayor Kirk serves, and will continue to serve on the Juvenile Justice Council. serves). 5. Treasure Coast Council of Local Governments (1 member, Council Member Watford is serving on the Treasure Coast Council of Local Governments and will remain on this Dowling Watford currently serves). board. 6. Okeechobee County Health and Healthy Start Coalition (1 Council Member Markham agreed to continue serving on the Okeechobee County Health and Healthy Start Coalition. member, Lowry Markham currently serves). 7. Workforce Regional Development Board (1 member, Jim Mayor Kirk volunteered to continue serving on the Workforce Regional Development Board. Kirk currently serves). 8. Okeechobee Main Street (1 member, Dowling Watford Council Member Watford will also remain serving as the liaison to Okeechobee Main Street. currently serves). D. Discuss advertising OUA Board Appointments, which expire Clerk Gamiotea presented a request to the Council for guidelines on advertising Citizen Board appointments and re - February 28, 2005, and establishing guidelines for all citizen board appointments. Following a brief discussion, Council instructed that she advertise the vacancy of the QUA Board appointments - City Clerk (Exhibit 2). Member p9sitions which expire February 28, 2005, and ask the appointed members whetherthey will continue to serve All the information will be presented at the February 15 meeting for Council to make the necessary appointments. The Council also instructed Clerk Gamiotea to enforce previously adopted guidelines which are, all vacancies are to be advertised at least three months prior to the expiration date. The current member would be contacted and asked whether they would like to continue to serve. All the information is then presented to the Council at the meeting just prior to the expiration. These guidelines are set for the Board of Adjustment, Land Planning Agency, Planning Board, Design Review Board, Code Enforcement Board, City Appointed Pension Board Members, City Appointed OUA Board Members and any Citizens Board appointed hereafter. JANuARY 4, 2005 - REGULAR MEETING - PAGE 10 OF 12167 1 IX. NEW BUSINESS CONTINUED. E.1. a) Motion to read by title only and set January 18, 2005 as a final Council Member Watford moved to read by title only and set January 18, 2005 as a final public hearing date for public hearing date for proposed Ordinance No. 878 pertaining to proposed Ordinance No. 878; seconded by Council Member L. Williams. CBD regulations - City Attorney (Exhibit3). 11 b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. c) Attorney Cook read proposed Ordinance No. 878 by title only. Attorney Cook read proposed Ordinance No. 878 by title only as follows: "AN ORDINANCE OF THE CITY OFi OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, CODE OF ORDINANCES, PARTICULARLY CHAPTER 90, DIWSIONNINE THEREOF, CENTRAL BUSINESS DISTRICT (CBD) ZONING CATEGORY, SET OUT IN SECTIONS 90-311 THROUGH 90-316 THEREOF, AND SECTION 90-485, REDUCTION OF PARKING SPACE REQUIREMENTS, PROVIDING FOR ELIMINATION OF THE ZONING CATEGORY FOR FUTURE LAND DEVELOPMENT WITHIN THE CITY OF OKEECHOBEE; PROVIDING FOR PRESERVATION OF THE ZONING CATEGORY FOR E)OSTING LANDS DESIGNATED AS CBD ZONING, PROVIDING FOR RESTRICTIONS TO ALLOWABLE DEVIATION FOR OFFSTREET PARKING IN EXISTING CBD ZONING DISTRICTS, PROVIDING GUIDELINES TO GRANT EXCEPTIONS TO PARKING AND LOADING, SETBACKS, & IMPERVIOUS SURFACE COVERAGE IN CBD ZONING DISTRICTS, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FORANEFFECTIVE DATE. " 2. a) Motion to approve the first reading of proposed Ordinance No. 878. Council Member Markham moved to approve the first reading of proposed Ordinance No. 878; seconded by Council III Member L. Williams. The Land Planning Agency is recommending approval. b) Discussion. Mayor Kirk asked whether there were any questions or comments from the public. Mr. Jeff Sumner, Chairperson of the Economic Council encouraged the City Council to adopt this ordinance. Mr. Rob Wilson of D.R. Wilson Land Company addressed the Council asking them not to adopt the ordinance, advising that there is a need to expand the CBD District. JANUARY 3, 2005 - REGULAR MEETING - PAGE 110F 12 1r.;:Nne COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED. E. 2. b) Discussion continued. c) Vote on motion. F. Consideration of action related to Impact Fee proposal - City Administrator. Attorney Cook advised there will be modifications to the ordinance when it is presented at the final public hearing due to recommendations from the Land Planning Agency and other staff members, however, the essential part of the ordinance would remain as it is presented. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. The purpose of this item is to have authorized direction from the Council as to whether or not the City will officially approve the expenditure of funds to participate in the Impact Fee Study. The previous meeting regarding this item was a City/County Joint Workshop held December 30, 2004. Council Member Markham asked whether Administrator Veach knew the participation from the School Board or Okeechobee Utility Authority? Administrator Veach replied that from discussions, the School Board will definitely be participating and his understanding was the OUA would be as well. Council then discussed where the expenditure would come from, discretionary funds or reserves. Administrator Veach responded that while there are some discretionary funds, it will not be enough, and will most likely cause a budget amendment and the use of reserves. Council Member Watford moved that we participate in the City/County Impact Fee Study for transportation, law enforcement, fire, and storm water management, in the amount of twenty-seven thousand, two hundred sixN dollam ($27,260 00); seconded by Council Member Markham. Council Member Watford noted, "I think everyone understands these types of fee's are now part of a way of doing business, we do not like them but they have become a way of life. Perhaps if we would have had them in place years ago we would not have some of the problems we have now." JANUARY 4, 2005 - REGULAR MEETING - PAGE 12 OF 12169 1 1 IX. NEW BUSINESS CONTINUED. F. Consideration of action related to Impact Fee proposal continued G. Ratification of Interocal Agreement with the County pertaining to the "Home Again" funding program for post -disaster housing rehabilitation - City Attorney (Exhibit 4). X. ADJOURN MEETING - Mayor. Please take notice and be advised that if a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she 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 ATTEw l . James E. Kirk, Mayor Lane Gainiotee, CIVIC, City Clerk 1yfio KIRK - YEA CHANDLER -YEA MARKHAM-YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to ratify the Interlocal Agreement with the County pertaining to the "Home Again" funding program for post -disaster housing rehabilitation; seconded by Council Member Markham. There was a brief discussion on this item. LYSIP KIRK - YEA CHANDLER -YEA MARKHAM-YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. There being no further items on the agenda, Mayor Kirk adjourned the January 4, 2005 meeting at 9:40 p.m. The next regular City Council Meeting is scheduled for Tuesday, January 18, 2005. raglest asset. r le axle "van 1K mewl la ,xo wechobee County Courthouse, County unussion Chambers, located at 304 N.W. Street, Room 103, Okeechobee, Florida, =cbruary 01, 2005 at 11:00 a.m ed this 17th day of December, 2004. aature: Mariah Anuez ,ury Clerk 4RON ROBERTSON A of Circuit Court eehobee County, Florida 9LISH DATES: 12/23/2004; I2130/2004; )6/2005; 01/132005 Okeechobee TIMES TICE OF APPLICATION FOR TAX DEED NOTICE IS HEREBY GIVEN, that .ERICAN TAX FUNDING LLC the ler of the following certificate, has filed certificate for a tax deed to be issued eon. Tfe certificate number and year of ance, the description of the property, and naves in which it was assessed arc as JW s: -tiftcate No. 2229 Year of Issuance 2002 Description of Property: 1-21.36-33- 0-00000-03" nER ACRES LOT 39 Name in which assessed ALFRED ORA; DONNA FLORA Said property being in the County OKEECHOBEE, State of Florida. Unless such certificate shall be tented according to law the property cribed in such certificate shall be sold to highest bidder. The sale shall be held in the eechobee County Courthouse, County aunission Chambers, located at 304 N.W. 1 Street, Room 103, Okeechobee, Florida, February 01, 2005 at 11:00 am. led this 17th day of December, 2004. nature: Marish Anneal: puty Clerk ARON ROBERTSON ak of Circuit Court eechobee County, Florida BLISH DATES: 12J2Y2004;12/30/2004; 06/20(15; 01/IN2005 e Okeechobee TIMES TICE OF APPLICATION FOR TAX DEED NOTICE IS HEREBY GIVEN, that IER/CAN TAX FUNDING LLC the Jcr of the following ceni0cam, has filed I certificate for a tax deed to be issued mon. The certificate number and year of slice, the description of the property, and names in which it was assessed ore as tows: rtificate No. 2355 Year of Issuance 2002 Description of Property: 1.04.34-35- .0-00000.1330 DIAN HAMMOCK H AND R CLUB ? 133 Nano in which assessed GLORIA ,RRISON; WILLIAM S GARRISON Said property being in the County OKEECHOBEE. State of Florida. Unless' such certificate shall be lecmed according to law the property cribed in such cenifreate shall be sold to highest bidder. The sale shall be held in the eechobee County Courthouse, County mmission Chambers, located at 304 N.W. I Street, Room 103, Okeechobee, Florida, February 01, 2005 at I1:00 am. ted this 17th Clay of December, 2004. ;nature: Marhsh Annear puty Clerk ARON ROBERTSON :rk of Circuit Court eechobee County, Florida IBLISH DATES: 12232004,1Y302004; 062005; OU13/2005 e Okeechobee TIMES ITICE OF APPLICATION FORTAX DEED NOTICE IS HEREBY GIVEN, that ,IERICAN TAX FUNDIN9 LLC �the ider of the following certificate, has filed d certificate for a am deed to be issued mon. The certificate number and year of uance, the description of the property, and o names in which it was assessed we as lows: rtificate No. 2617 Year of Issuance 2002 Description of Property: 1.03.37.35- .00.00003-WOOD iG AT A CONCRETE MONUMENT ARKING ERLY R/W LINE OF SR 15 ITH NRLY R/W LINE OF CEMETERY ) RUN N 0 DEG 25 MIN 17 SEC W ON tLY R/W LINE OF RD 15 DIST OF 392A5 " THENCE RUN N 89 DEG 36 MIN 31 :C E 443.18 FT TO A PT ON NRLY R/W NE OF SAID CEMETERY RD THENCE JN S 46 DEG 01 MIN 19 SEC W ON RLY R/W LINE OF CEMETERY RD :ST OF 591.90 FT TO POD 3 37S 35E 1.98 -RES Name in which assessed DAVID iLTENBERGER Issuance, the description of the property, and the names in which it was assessed are as follows Certificate No. 3165 Year ace 2002 Description of Pro .23.37.35- 0010.00160-0080 BET HER ACRES LOT 8 AND W1/2 OF MAPLE ST LYING ADJACENT TO LOT 8 BLOCK 16 Name in which assessed BETTIE E NIX; DOUGLAS C BAIN; HERBERT E NIX; KASIE K BAIN Said property being in the County of OKEECHOBEE, State of Florida. Unless such certificate shall be redeemed according to law the property described in such certificate shall be sold to the highest bidder. The sale shall be held in the Okeechobee County Courthouse, County Commission Chambers, located at 3D4 N.W. 2nd Street, Room 103. Okeechobee, Florida, on February 01, 2005 at 11:00 a.m. Dated this 17th day or December, 2004. Signature: Mariah Anuez Deputy Clerk SHARON ROBERTSON Clerk of Circuit Court Okeechobee County, Florida PUBLISH DATES: 12aN2004; 12/302004; Ol/06/2005; 01/13rMS The Okeechobee TIMES -------------------------------------------------- IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA CASE NO.: 2004 CA 266 WILLIAM G. FAGAN and CATHERINE H. FAGAN, his wife, Plaintiffs, WILLIAM H. LUDFORD, III, Defendant. NOTICE OF ACTION TO: William H. Ludford, III 983 Brookie Land York, PA 17403 YOU ARE NOTIFIED that an action to quiet title on the following described property in Okeechobee County, Florida, to- wit: Lot 4, Block 7 In the Plat of BASSWOOD UNIT (1) being a subdivision in the county Plot Book thereof recorded in Book 3, Page 22 of the Public Records of Okeechobee County, Florida, hereinafter referred to as Parcel "A„ has been filed against you and you are required to serve a copy of your written defenses, if any, to it on COLIN M. CAMERON, Attorney at Law, 200 N.E. 4th Avenue, Okeechobee, FL 34972 and file the original with the Clerk of the above styled Court on or before January 10, 2005 otherwise a judgment may be entered against you for the relief demanded in the Complaint. WITNESS my hand and the seal of said Court on December 2, 2004. SHARON ROBERTSON Clerk of Circuit Coun By:/s/DEBBIE GOODRICH Deputy Clerk PUBLISH: 12/092004; 12/162004; 12232004; 12/3020D4 OKEECHOBEE TIMES NOTICE IS HEREBY GIVEN pursu- ant to an Order rescheduling foreclosure sale dated December 8, 2004 entered in Civil Case No. 2004 CA 179 of the Circuit Court of the 19th Judicial Circuit in and for Okeechobee County, Florida, wherein BANK OF AMERICA, N.A., Plaintiff and STACIA L. STEINS we defendant(s), I will sell to the highest and best bidder for cash, at the South (front) door of the Okeechobee County Court. house, 304 NE 2nd Street, Okeechobee, FL 34972 at 11:00 a.m., on January 12, 2005, the following described property as set forth in said Final Judgment, to -wit: LOT 11, BLOCK 5, DIXIE RANCH ES- TATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 33, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. DATED at OKEECHOBEE, Florida, this 27 day of December, 2004. SHARON ROBERTSON, CLERK OF THE CIRCUIT COURT Okeechobee County, Florida By: /S/DEBBIE GOODRICH Deputy Clerk PUBLISH 12/30/2004; OU06/2005 OKEECHOBEE TIMES IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR OKEECHOBEE COUNTY CASE NO.: 2004 CA 000155 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, GARY L. COOK AND MARILYN COOK, HIS WIFE; UNKNOWN PARTIES IN POSSESSION #1; UNKNOWN PARTIES IN POSSESSION #2; IF LIVING, AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER AND AGAINST THE ABOVE NAMED DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES OR OTHER CLAIMANTS Defendant(s). condition. 467 A + Pool IV rs Factory Direct: Solar, heat pu p or gas, com- plete do -it -you -self pool heater kits. Phone quotas, Installation available in most areas. 1-800- 333-9276 ext. 502; www.solardirct.com (Lic. #CWCO29795) Insured. Dealer inquiries welco e. (ca) A MISSION FOR GOD Free clothes and s ioes - all sizes Please call 8 -467-4917 Affordable LegM Services. Di- vorce $195; A option $295; In- corporation $1 5; for more In- formation call 0-303-1170(ca) AM/FM dock r d10 phone, $15. Magnavox CD Cassette player, E$15. 467-098 or 467-2366 Antique 5 drawer Walnut Chest, $100. 467-254 r$18 I E, E TIMES o ab cription! 8 . NOTICE OF SALE NOTICE IS HEREBY GIVEN Italian- Bowling ball & bag, $5. 8-track rot to an Order rescheduling foreclosure sale tapes & Stereo $20. Delft pot - dated December 8, 2004, entered in Civil Case to 10 set, 20. Antique Milk No. 2004 CA 000155 of the Circuit Court of ry, q the 19th Judicial Circuit in and for Okeechobee Tub from Germany, 1940s. $55. County, Florida, wherein MORTGAGE 467-4151 ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff and GARY L. COOK AND MARILYN COOK, HIS WIFE are defendam(s), 1 will sell to the highestChair, Rose colored velour. Very and best bidder for cash, AT THE SOUTH (FRONT) nice, $45. 467- 553 DOOR OF THE OKEECHOBEE COUNTY COURTHOUSE, 304 NE 2ND STREET, OKEECHOBEE, FL 34972 AT 11:00 A.M., Citrus picked on arrival, 5 gal on January 12, 2005, the following described bucket, $5.00. 63-4713 property as set forth in said Final Judgment, to -wit: LOT 15, BLOCK 25, UNIT NUMBER 2, Cobra 801b cr ssbow. Brand BASSWOOD, INCORPORATED, ACCORD- ING TO THE PLAT THEREOF, AS RE- new. 13 arrows, extra string. Ar- CORDED IN PLAT BOOK 3, PAGE 28, OF thrift Stops Use. $65. 772-597- THE PUBLIC RECORDS OF OKEECHOBEE 2971 COUNTY, FLORIDA. IN THE CIRCUIT COURT FOR DATED at OKEECHOBEE, Florida, this 22 OKEECHOBEE COUNTY, FLORIDA day of December, 2004. PROBATE DIVISION Couch Et Stove, CASE NO.: 04-CP-235 SHARON ROBERTSON, 9021 evenings. CLERK OF THE CIRCUIT COURT IN RE: ESTATE OF Okeechobee County, Florida HERSCHEL HOOKER By: /S/DE E GOODRICH Credit Card W Deceased. Dept / PU 1213D/2o04; 0 1/ou2oos %Annual Inte OBER TIMES fOVaII PC NOTICE TO CREDITORS ................................................. P P The administration of the estate NOTICE OF CITY COUNCIL MEETING obleml It Hell HERSCHEL HOOKER, deceased, whose a NOTICE IS HEREBY GIVEN that the ditl 800-433- of death was October 10, 2004, is pending in City of Okeechobee City Council will meet in the Circuit Coun for OKEECHOBEE County, Regular Session on Tuesday, January 4, 2005, Florida, Probate Division, the address of which 6;00pm., City Hall, 55 SE 3rd Ave., Ran 200, is 304 NW 2nd Street, Okeechobee, Florida Okeechobee, Florida The public is invited and DIABETES? M 34972. The names and addresses of the encouraged to attend For a copy of the agenda diabetes testf personal representative and the personal contact City Administration at (863) 763-3372 representative's attorney we set forth below. x 212. qualified bene' All creditors of the decedent and other PLEASE TAKE NOTICE AND BE delivers them I persons having claims or demands against ADVISED that if any person desires to ap- Shipping decedent's estate on whom a copy of this notice peal any decision male by the City Council pp• g CharC is required to be served must file their claims with respect to any matter considered at this guaranteed. D( with this court WITHIN THE LATER OF 3 meeting, such interested person will need a CALL 800-863 MONTHS AFTER THE TIME OF THE FIRST record of the proceedings, and for such pur- PUBLICATION OF THIS NOTICE OR 30 pose may need an, ensure a verbatint record DAYS AFTER THE DATE OF SERVICE OF of the Proceedings is made, which record in - A COPY OF THIS NOTICE ON THEM. chides the testimony and evidence upon Dial Calipers, n which p I All other creditors of the decedent and the appeal is to be based Tapes arc used for 0".1' $25. 1 "-2' other persons having claims or demandsagainst the sole purpose of back-up for the Clerk's 3a-4", $40. Del decedent's estate must rite their claims with Office, this court WITHIN 3 MONTHS AFTER THE In accordance with the Americans with $25. S oleman 8 DATE OF THE FIRST PUBLICATION Statute to 10. F Disabilities Act (ADA) and Florida SColer THIS NOTICE. - 216.26, persons with disabilities needing spe-tl antem, $15. ALL CLAIMS NOT SO FILED WI dial acdbamodation to participate in this pro - BE FOREVER BARRED. each. 467- Sell 1 $5000 Limitl At Guaranteed r Credit No To Build Your 306 (ca) scare pays for supplies for iaries. Liberty your door. No I. Satisfaction Jctibles apply. 95 (ca) 5. Micrometers $30. 2'-3', $35. h Micrometers, Igle mantle lan- an double man- • C Tape 1 side A CITY OF OKEECHOBEE - January 4, 2005 - Regular City Council HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Page 4- 11. OPENING CEREMONIES: Invocation given by Pastor Jim Hudson, tfhe Church of the Nazarene; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent 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 Clerk Lane Gamiotea Deputy Clerk Melisa Eddings IV. PRESENTATIONS AND PROCLAMATIONS. A. Mayor Kirk presented Council Member Clayton Williams a plaque wi h a key representing the City and honoring his years of service on the City Council. V. MINUTES - City Clerk. A. Council Member moved to dispense with the read ng and approve the Summary of Council Action for the December 7, 2004 Regular Meeting; econded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: CARRIED 1 DENIED. VI. WARRANT REGISTER - City Administrator. A. Council Member moved to approve the November 2004 Warrant Register in the amounts: General Fund, two hundred fifty-six thousand, nine hundrec seventy-seven dollars and forty- seven cents ($256,977.47); Industrial Development Fund, two hundred twenty-eight thousand, five hundred twenty-two dollars and no cents ($228,522.00); Capital Projects (vehicles), seventeen thousand, two hundred fifty dollars and no cents ($17,250.00); Public Facility Improvements Fund, one hundred thirteen dollars and eighty-nine cents ($113.89); seconded by Council Member u E VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: CARRIED I DENIED. VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Vlll. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE A.1. a) Council Member made a motion to read by title i regarding Rezoning Application No. 04-0010-R submitted by Chris Council Member b) Vote on motion to read by title only proposed Ordinance No. 877. VOTE YEA NAY ABSTAIN ABSENT KIRK ' CHANDLER KHAM MOTION, A IED'DENIED..�� C) Attorney Cook read proposed Ordinance No. 877 by title only: "A. OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONIA REZONING A CERTAIN TRACT OF LAND MORE PARTICULAR HEAVY COMMERCIAL (CHID ZONING DISTRICT TO COMMER, DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, SEVERABILITYANDAN EFFECTIVE DATE': 2. a) Council Member Council Member moved to adopt proposed b) Public comments and discussion. Planning Staff Report Summary: The applicants are requesting this rezon of the parking regulations required in the City's Land Development Regul would give the applicants more flexibility in uses that could be accommodat and less strict parking and loading standards (see Parking standards for the to be decided is whether this specific land area officially belongs within a C Planning Staff Report Analysis: (1) The existing uses have alread, requirements. The applicants are not presently proposing to change any c property. A CBD Zoning District is certainly consistent with the Compreh Zoning District characteristics are present at this site. (2) The applicants' re( CBD Zoning District is appropriate under the Land Development Regulati allowed under this Zoning District and proposed uses would be allowed should not have an adverse effect on the public interest. Traffic impacts wi parking is available when people are conducting business at the commer District is appropriate for this location. The current businesses have already adjacent land uses. These uses are not detrimental to urbanizing land usi Page -2- AT P.M. mly proposed Ordinance No. 877 and Gail Newman; seconded by I ORDINANCE OF THE CITY OF 3 MAP OF OKEECHOBEE BY .Y DESCRIBED HEREIN, FROM 1AL BUSINESS (CBD) ZONING 2ROWDING FOR CONFLICTS, nance No. 877; seconded by ng in order to be relieved of some 3tions. The CBD Zoning District ,d by allowing alternative parking CBD Zoning District). The issue BD Zoning District. met the Comprehensive Plan the existing uses already on the )nsive Plan as long as the CBD uest to rezone the property to the ms. The existing uses are also Iso. (3) The applicants' request I be minimal as long as adequate ;ial center. (4) The CBD Zoning been considered compatible with patterns. Ingress and egress to • Page -3- the subject property will remain the same. To lessen parking for the area, the applicant will still have the burden of showing how street parking or other parking alternatives can lessen the normal off-street parking requirements. (5) The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. (6) Theexisting and proposed uses pose no impacts on the surrounding uses. Staff sees no need to impose buffering equirements upon the applicants as the adjacent property also shares the same CBD Zoning District. (7) The impact of the proposed district will not create a density pattern that would overburden public facilities. (8) Staff does not anticipate any traffic, flooding, or drainage problems with the proposed zoning district. It still is the burden of the applicant to demonstrate why parking requirements should be lessened for this location. (9) The proposed use has not been inordinately burdened by unnecessary restrictions. In fact, the CBD Zo ing District will be granting more flexibility to the applicants. (10) No special privileges will be granted to th applicants that are not already allowed under the Land Development Code's regulations. Planning Staff Report Summary and Conclusion priorto Certification: T ie subject property is designated Commercial on the adopted City of Okeechobee Future Land Use Mar and the applicants' request is consistent with the Future Land Use designation. Planning Staff Report Recommendation: Based on the above Rezoning criteria being met, the request to rezone the parcel from CHV to CBD is recommended to be approved as it is consistent with the Comprehensive Plan and Land Development Regulations. r ��c� _t cam' 1�� r;i ��t. ✓ cL l�L c� 4 Z �� ✓�.A Lek.` WCfJC C�.e zcs CCz-L! ul-.' A eu e� . -%'•L.ZJ ��(� �Z�'�C�!�t�Q,/�.8-z.C-aJ :I _, ��[ �1J /, ,�i%.J /1 �-rx�� -7 .Cx? .�-�-1 �.c2J Crux .ZC1 Q�� W, / l� C-LC 4' i /x eJ Ila-tic icl"C' Z-0 ddl4_ X—g-, "7-Y_Z_6Y _J/w exk4c� X/614-z- )Z '44 _'t' ( f-'a 92 if 64 4�2_07 60Ju -Ak aA�J 7�2Aarc 0 • C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK ,� CHANDLER X KHAM X X MS X MOTION: CARRIED/ DENIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT , 05- P.M. IX. NEW BUSINESS. A. Swearing in of newly elected official a presentation of a Certi Shirley Brennan, County Judge: �21u.,u 1. Council Members James "Jim" E. Kirk and Lydia Jean Williams. B. Election of Mayor for a two year term. �oor Open the fdo ' nominations: Close the floor for nominations VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM x WATFORD WILLIAMS MOTION: CARRIED] DENIED. C. Two-year appointments of Council Members to serve as City Liai 1. Central Florida Regional lanning Council (1 member, Clayton Wi 2. Tourist Development Council members, Noel Chandler and �� 3. Okeechobee Development Authority (1 member, Dowling Watford 4. Juvenile Justice Council (1 member, Jim Kirk currently serves). Page -4- of Election by the Honorable to various Boards: currently serves). rrently serves). serve). 5. Treasure Coast Council of Local Governments (1 member, Dowling Watford currently serves). 6. Okeechobee County Health and Healthy Start Coalition (1 member, Lo, 7. Workforce Regional Development Board (1 member, Jim Kirk currenl /7 o,y x_.-c ,LJ 8. Okeechobee Main Street (1 member, Dowling Watford currently sere D. Discuss advertising OUA Board Appointments, which expire Februa guidelines for all citizen board appointments - City Clerk (Exhibit 2). i c� Markham currently serves). serves). 28, 2005, and establishing 11 /lL jti E.1. a) Council Member made a motion to read by title i final pubic hearing d e for proposed Ordinance No. 878; b) Vote on motion to read by title only and set final public hearing VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAM C) Attorney Cook read proposed Ordinance No. 878 by title only as fol CITYOFOKEECHOBEE, FLOR/DAAMENDING ORDINANCENC PARTICULARLYCHAPTER90, DIWSIONNINE THEREOF, CENT1 ZONING CATEGORY, SETOUT/NSECTIONS 90-311 THROUGH91 90-485, REDUCTIONOFPARKINGSPA CEREQU/REMENTS, PRi THE ZONING CATEGORY FOR FUTURE LAND DEVELOPI OKEECHOBEE; PROVIDINGFORPRESERVATIONOFTHEZOM LANDS DESIGNATED AS CBD ZONING, PROVIDING FOR RE DEVIATION FOR OFFSTREET PARKING IN EXISTING CBD ZO GUIDELINES TO GRA NT EXCEPTIONS TO PARKI NGAND LOADII SURFACE COVERAGEIN CBD ZONING DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FORAN EFFECTIVE DATE." 2. a) Council Member , made a o4on to approve the first No. 878; seconded by Council Membe b) Discussion. l Page -5- my and set January 18, 2005 as seconded by Council Member )ws: "AN ORDINANCE OF THE 716, CODE OF ORDINANCES, AL BUSINESS DISTRICT (CBD) .316 THEREOF, AND SECTION 1 VI DI NG FOR ELI MI NA TION OF 'ENT WITHIN THE CITY OF IG CATEGORYFORDOSTING TRICTIONS TO ALLOWABLE ZING DISTRICTS; PROVIDING G, SETBACKS, &IMPERVIOUS =ORCONFLICTS; PROVIDING reading of proposed Ordinance C -,b/ •e'r. /m /10 ,�� Vie, -7 W�7 • • c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMSARRI MOTIO . C 12 DENIED. Consideration of action related to Impact Fee proposal - City Ad e,e � Page -6- q�__ 4-1 G. Ratification of Interlocal Agreement with the County pertaining to t for post -disaster housing rehabilitation - City Attorney (Exhibit 4). MAYOR KIRK ADJOURNED THE MEETING AT 7 g P.M.. Page -7- s "Home Again" funding program Page -I- Tape 1 side A CITY OF OKEECHOBEE - January 4, 2005 - Regular City Council HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: II. OPENING CEREMONIES: Invocation given by Pastor Jim Hudson, hurch of the Nazarene; Pledge of Allegiance led by Boy Scout T oop 955 working toward a merit badge III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Prese 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 Clerk Lane Gamiotea Deputy Clerk Melisa Eddings X X X X X X X X X Absent IV. PRESENTATIONS AND PROCLAMATIONS. A. Mayor Kirk presented Council Member Clayton Williams a plaque wi h a key representing the City and honoring his years of service on the City Council. A plaque in appreciation for your services to the City of Okeechobee Williams, appreicate this, if this is what you get for losing, good 4 years, to the boy scouts don't forget about partcipating in your government, appreicate staff, dept heads, great city, continue to expound in its greatness, LJ much better looking than I am, great thing to have a lady sitting up here. V. MINUTES - City Clerk. A. Council Member Chandler moved to dispense with the reading and Action for the December 7, 2004 Regular Meeting; seconded by C VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. VI. WARRANT REGISTER - City Administrator. A. Council Member Watford moved to approve the November 2004 W General Fund, two hundred fifty-six thousand, nine hundred sevent cents ($256,977,47); Industrial Development Fund, two hundred twee twenty-two dollars and no cents ($228,522.00); Capital Improver seventeen thousand, two hundred fifty dollars and no cents ($17,250.0 Fund, one hundred thirteen dollars and eighty-nine cents ($113.89) Markham. VOTE YEA NAY ABSTAIN ABSENT prove the Summary of Council ncil Member Williams. arrant Register in the amounts: -seven dollars and forty-seven ty-eight thousand, five hundred lent Projects Fund (vehicles), )); Public Facility Improvements seconded by Council Member • KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's VIII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINA A.1. a) Council Member Watford made a motion to read by title only p Rezoning Application No. 04-0010-R submitted by Chris and Member Markham. b) Vote on motion to read by title only proposed Ordinance No. 877, VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. C) Attorney Cook read proposed Ordinance No. 877 by title only: "Ai OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONIN REZONING A CERTAIN TRACT OF LAND MORE PARTICULAR HEAVYCOMMERCIAL (CHIP) ZONING DISTRICT TO COMMER( DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, SEVERABILITYAND AN EFFECTIVE DATE'. Page -2- lenda. None. ADOPTION AT 6:08 P.M. ad Ordinance No. 877 regarding Newman; seconded by Council I ORDINANCE OF THE CITY OF 3 MAP OF OKEECHOBEE BY .YDESCRIBED HEREIN, FROM IAL BUSINESS (CBD) ZONING IROVIDING FOR CONFLICTS, 2. a) Council Member Markham moved to adopt proposed Ordinanc No. 877; seconded by Council Member Chandler. b) Public comments and discussion. Bruce Parrish, attorney to rep Newmans, application approved by recommendation from Planning Board, basically have problem with parking. in parking if council determine, under cbd zoning can be reduced by 80%, I( in 98, not counting res 47 park, reduction 9 off, 38, there is presently 30, shop with same problem, what were trying to do is correct a problem that i doesn't mean when a business or new buisines auto gets the 80%, it requi so anything that happens in the future has to be looked at as it changes, k existing, CVS next block has it along with VNA 2 blocks across, good incrE property is an investment for the newmans, in closing don't think what we're nothing that the newmans caused. DW - auto gets the parking reduction made for previous business. JC do not k city staff caught this after they had spent 10 of thousands of dollars to char yes, but should not at this time. DW but it doesn't automatically get. Right so ( in, regardless of if they the same type of business. Bruce, resturant already JK then what is the purpose for this? DW - still have to request parking reduction. Bruce yes. Cook yes. But what auto will be approving but you are saying we will, disagree with that logic. Bruce, newman's, invested in it, lanner LaRue, have approval leavy C that exist, 20% reduction )k at new newman building, built d building same problem, pawn within the entire block, the 80% �s a decision by the city council, isically application continues on ise in value of the property, this ;king for is nothing new, and was ly have to, allowed it already, building inside, legally deny, i time a new business comes )roved I think. you 2 are saying doens't mean • David Conlon, own in 70, part of the application, empty lot, goes beyond rezoning, my property is the only one vacant, without ccbd it will be difficult t gave locations description and its perks as to why cbd would also fit in, lear have a builiding that is non conforming you cannot fix it back and reopen i this is a unique piece of property. Jim LaRue presented the research, basic purpose and intent of the CBD lis what it says since he read it into the record" the comp plan also backs up particular area, but is not specially listed, SW Park Street clearing shows a determine whether or not they intended for it to expand. Some point a cbd � that cut off is, parking issues is different, boundaries need to be determined. appropriately. Don't think you will won't to go any further East than this blc DW discussed existing structures, RSF to C, need flexibility on those typ( at those. When? Jim think spring would be good area. DW - for clarificatic and the planning board are advisory and it's the city council's decision to JC - keep in mind any decision you have to determin on record the comprehensive plan. DW - clarification just because C on FLU map doens't auto CBD. Page -3- the parking, totally in favor of the build on and make it look correct, ned recently with hurricanes if you since it is a non -conforming use, g in the 1978 orange book "(add idea of a 80% reduction in one )wntown CBD district, its hard to ild be cut off, its not clear where ien parking would be addressed with the CBD. set money in this budget to look your report is advisory in nature gree or not. Jim Absolutely. decision is compatible with the John Whidden, Gator Pawn, make understood, buildings in front where all built before LDRs, and one in back I just after adopted, our block is same design as what you already for BD. LM - on CHV as bldg parking area it has its there, if goes to CBD wont get an more ? No more no less. Parking in rear is onsite parking, able to go 2 story possible, restrict building larger n sq ft. JC - CBD list comply with all sections of th ecode, coverage with no set back, if changed to cbd and increase # of sq ft still have to get variance, any further expansion, right now applie , transferred to Bd of Adjust, so if CBD today and they want to add on woul dhave to come before you to not reduce parking by 80% and that is not a given thing and new structure required more they would not be able to do it, zoning change only bringing in property as it is now in compliance, yes, and will A LM, CW, NC and DW - disclose speak to applicants on this issue. DW - hardest decision starting the year out, don't believe there is a goodsolution. #1 problem, letters from committee members that maybe this could increase, my thought was for the historical buildings, feel thats why that was done, doens't same we couldnt' create more, don't know if that is a good thing to do, we all know our rules change, and what problems that creates down the road, things change', requirements change, with any development, parking, building codes, many businesses have had to move because of similar issues, think we need some way to still be able to use those structures, if we do this tonig it, I'll bet some other council will have an issue with this same building in 25 years, when you look at the LD 's and old orange book, findings of the variance, actions of the applicant, according to this the applicant car not cause the variance, but the applicant caused that because the applicant wanted to save a tree, looking back we see that we should not have allowed the variance, then change zoning to correct something that as done at the request of the applicant, that bothers me, expanding the CBD bothers me, I understand thE arguement of those who own a 50 foot lot, but don't think its financially feasbility, in the 20's and 50's, approvi ig this don't think it will help city, will only be helping applicant, we've helped this applicant and now have to say this is the best we can do, just can't see adding more, going to create more problems down the road, hate o think 25 years from now they will say, why in the world did they allow for this , etc, etc, don't think I cant s pport changing this zoning. LM person has 50 ft lot and wants to do something and its on 70, they can a k for SE ? Or rezone. Variance under any category, even a variance isn't probabbly goign to save a 0 ft lot in CHV, Jim - lot of characticeristic, as long as there is some use fo rit. J Kirk - know as council we try to help our businesses, records speaks for itse f, he have held a lot of people's feet to the fire, nervous about this, can't see that good, struggled with this, sm II community know each other, don't know another solution for this, not our intention to do battle with busin ss community but have to use • Page -4- foresight to what the future is going to bring and can't keep the same issues, got to draw the line for the CBD, don't know where that line should be, don't have any answer, up to 800 of parking could be waived, that bohers me, got to be something else JC - don't know that is under this cod , newmans will b e the last zoning change we see, don't know that that eases anyones mind or not, JK - usually not at a lost for word. NC - RSF corner is non conforming use, ever sold will have to come up to code if sold for commercial. JC - realoity stays CHV any time any body in block comes in for occupation s license wil have to go through the same exericise and be approved on a case by case basis as businesses change out, concerns are legitimate, eliviate the reoccuring parking problem as new tenants come in, its not just newman, its pawn shop and bank and vacant property, NC - even changed to CBD still going to have the same amount of people LM - it's a stivation don't see how solved either way, except for 70 rest can't get any parking anyway, its almost like DW said, keep downtown are CBD the way it was set up or expand it, and new ord will stop no more new CBD in city. Then need a decision as to where the CBD line should be. NC - several buildings are already no use due to not being able to park, can't see doing this to people, even if you reduce parking space people will still go, can't control parking, change it will help, if not, may have to change some of the rules to keep businesses from going out in order to he p them, ought to help them some how, know we've helped before CW - last item officially discuss, do have reservations about it, recall when visting daughter, small downtown, town shut down except for restarurant, renovacted, walk 3 blocks, real asset to downtown, it was good for down town no set backs, no parking, think the town layed out some of these things are just going to have to fight for a spot, cannot have all off street parking, just the way it has evolved, just going to have to go with it. Jim old downtown could be looked at for quadrants, looking as public parki g, Lake Placid is a good picture, look at for the future, so there's probably ways of making them look at eve thing, can't keep looking at it as a single application, look at geographic areas as a whole, Planning Staff Report Summary: The applicants are requesting this rezoning in order to be relieved of some of the parking regulations required in the City's Land Development Regulations, The CBD Zoning District would give the applicants more flexibility in uses that could be accommodated by allowing alternative parking and less strict parking and loading standards (see Parking standards for the CBD Zoning District). The issue to be decided is whether this specific land area officially belongs within a C D Zoning District. Planning Staff Report Analysis: (1) The existing uses have already met the Comprehensive Plan requirements. The applicants are not presently proposing to change any of the existing uses already on the property. The CBD is certainly consistent with the Comprehensive Plan as long as the CBD characteristics are present at this site. (2) The applicants' request to rezone the property to the CBD Zoning District is appropriate under the Land Development Regulations. The existing uses are also allowed under this Zoning District and proposed uses would be allowed also. (3) The applicants' request should not have an adverse effect on the public interest. Traffic impacts will be minimal as long as adequate parking is available when people are conducting business at the commercial center. (4) The CBD Zoning is appropriate for this location. The current businesses have already been considered compatible with adj ent land uses. These uses are not detrimental to urbanizing land use patterns. Ingress and egress to the subject property will remain the same. To lessen parking for the area, the applicant will still have the burde i of showing how street parking or other parking alternatives can lessen the normal off-street parking requirements. (5) The proposed use will not adversely affect property values or living conditions, or be a deterrent tot ie improvement or development of adjacent property. (6) The existing and proposed uses pose no impacts on the surrounding uses. Staff sees no need to impose buffering requirements upon the applicants as the adjacent property also shares the same CBD Zoning District. (7) The impact of the proposed district will not create a density pattern that would overburden public facilities. (8) Staff does not anticipate any traffic, flooding, or drainage problems with the proposed zoning district. It still is the burden of the applicant to demonstrate why parking requirements should be lessened for this location. (9) The proposed use has not been inordinately burdened by unnecessary restrictions. In fact, the CBD Zoning District will be granting more flexibility to the applicants. (10) No special privileges will be granted to the applicants that are not already allowed under the Land Development Code's CJ regulations. Planning Staff Report Summary and Conclusion priorto Certification: Commercial on the adopted City of Okeechobee Future Land Use ME consistent with the Future Land Use designation. Planning Staff Report Recommendation: Based on the above Rezonini rezone the parcel from CHV to CBD is recommended to be appro, Comprehensive Plan and Land Development Regulations. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION:. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 7:04P.M. IX. NEW BUSINESS. A. Swearing in of newly elected officials and presentation of a Certi Shirley Brennan, County Judge: 1. Council Members James "Jim" E. Kirk and Lydia Jean Williams. Kirk 16 years, dedicated your life to the city, honor of every the first woman. I James E. Kirk do solemnly swear that I will support, protect (�,d overnment, of the united states, and of the state of florida, that I a ndert the constituion of th ethe state and that I will well and faithfuloy cil Member on which I am bout to enter so help me God. Lydia Jean Williams, do sole B. Election of Mayor for a two year term. Open the floor for nominations: DW move Kirk, LM, nominations cease Close the floor for nominations VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. C. Two-year appointments of Council Members to serve as City Liaisoi 1. Central Florida Regional Planning Council (1 member, Clayton Wi Lowry Markham 2. Tourist Development Council (2 members, Noel Chandler and Lydia Jean Williams and Noel Chandler 3. Okeechobee Development Authority (1 member, Dowling Watford ci Watford to remain Page -5- e subject property is designated and the applicants' request is criteria being met, the request to ed as it is consistent with the of Election by the Honorable you have done, special with and defend, the constitution n duly qualified, to hold office, )erformt heduties of City Coun to various Boards: currently serves). Markham currently serve). y serves). • 4. Juvenile Justice Council (1 member, Jim Kirk currently serves). Kirk to remain 5. Treasure Coast Council of Local Governments (1 member, Doi Watford to remain Page -6- Watford currently serves). 6. Okeechobee County Health and Healthy Start Coalition (1 member, Lowry Markham currently serves). Markham to remain 7. Workforce Regional Development Board (1 member, Jim Kirk cur�ently serves). Kirk to remain 8. Okeechobee Main Street (1 member, Dowling Watford currently Watford to remain. D. Discuss advertising OUA Board Appointments, which expire Fe ruary 28, 2005, and establishing guidelines for all citizen board appointments - City Clerk (Exhibit ). DIN - Ask first, then advertise, Advertise and go to original procedures from here on out. vacancies were to be advertised at least three months prior to the expiration date. The current member would be contacted and asked whether they would like to continue to serve. All the information was then presented to the Council at the meeting just prior to the expiration. This worked very well, in that it offered the Council the ability to see whether anyone else was interested. Sometimes, current members on y agreed to be reappointed because they did not want to leave the board with vacancies. These guidelines would be for the Board of Adjustment, Land Planning Agency, Plann ng Board, Design Review Board, Code Enforcement Board, City Appointed Pension Boa d Members, City Appointed OUA Board Members and any Citizens Board appointed her after. E.1. a) Council Member Watford made a motion to read by title only and set�anuary 18, 2005 as a final public hearing date for proposed Ordinance No. 878; seconded by Coun it Member Williams b) Vote on motion to read by title only and set final public hearing d VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 878 by title only as folli CITY OFOKEECHOBEE, FLORIDA AMENDING ORDINANCE NO, PARTICULARLYCHAPTER go, DIVISION NINE THEREOF, CENTR ZONING CATEGORY, SET OUTINSECTIONS 90-311 THROUGH96 "A, REDUCTIONOFPARKINGSPACEREQUIREMENTS; PRC THE ZONING CATEGORY FOR FUTURE LAND DEVELOPN OKEECHOBEE; PROVIDINGFORPRESERVA TIONOF THEZONII LANDS DESIGNATED AS CBD ZONING, PROVIDING FOR RES DEVIATION FOR OFFLSTREET PARKING IN EXISTING CBD Z01 GUIDELINES TO GRANTEXCEPTIONS TOPARK/NGANDLOADIN SURFACE COVERAGEIN CBD ZONING DISTRICTS; PROVIDING i FOR SEVERABILITY, PROVIDING FORAN EFFECTIVE DATE." 2. a) Council Member Markham made a motion to approve the first reading seconded by Council Member Williams. b) Discussion. )ws: "AN ORDINANCE OF THE 716, CODE OF ORDINANCES, 4L BUSINESSDISTRICT (CBD) -316 THEREOF, AND SECTION I VI DI NG FOR ELI MI NA TION OF TENT WITHIN THE CITY OF IG CATEGORYFOREXIST1NG TRICTIONS TO ALLOWABLE IING DISTRICTS; PROVIDING G, SETBACKS, &IMPERVIOUS :OR CONFLICTS, PROVIDING proposed Ordinance No. 878; • Jeff Sumner, Chair economic council, also spoke at LPA meeting, zoning district as mean to circumvent other parts of the code, don't that staff is on this. 90-485 (a) reduction parking in other zoning dil shouldn't be set out, any variance should be Bd of Adjust, JC - not final copy, have corrections to make and this is one, Daw reasoning is that LaRue and board better suited to make these uncomfortable position, staff felt all parking request be by the board 4 in front of a quasi-judicial board and not a political board. Other issue frame work set up through staff and then through Bd of Adjustments I future consideration in another ordin, may be wise to allow TRC to h decicretion, DW opposed to that concept, entirely, Page -7- If on right tract, expansion of k advisable path to take, good ts, CBD is Bd of Adjustments, Hoover noted some changes, ecisions, City Council put in adjustments, Jeff - better to be parking requirements suggest r reduction, JC agree with that, re some latitude to decide, 5% Jeff encourage you to consider this ord, move forward, accept their r commendations, again tonight attempt to cover up mistakes made in the past, bad road to go dow regardless of who caused the mistakes. Rob Wilson, DR Wilson Land Company, congratulate Kirk and Williams, not here as one whose feet was held to the fire and it all worked out, I'm here as an appraiser, Okee unique areas, parking will always be a problem business owners understand that, CBD is only area for redevelopment to allow for existing to be redone, you need the flexibility, need it for going forward, is it only for redevelopment, think you should continue to allow the CBD, retrofit for mistake in past Or future, but serves a purpose. DW - tend to agree with what is said but think there isn't another way to with existing some how need that flexibility don't want to see them des - use able, IE Devin Maxwell c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. F. Consideration of action related to Impact Fee proposal - City Ad LM School board participate and feeling is OUA would as well. DW spend 27, if we want to look at these areas, current budget, consul require budget amendment and partially a dip in the reserves JK all players on board, got to be on board, DW moved that we participate in the City/County Impact Fee study foi amount of twenty-seven thousand, $27,260.00; seconded by Markham DW - think everyone understands these types of fee's are now part of a we don't like them but a way of life. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. G. Ratification of Interlocal Agreement with the County pertaining to the for post -disaster housing rehabilitation - City Attorney (Exhibit 4). there, agree redevelopment red, bring it up to something fee's, descritionary funds, law enforcement, fire, in the of doing business now and e Again" funding program • County contacted us on short notice, low and no interest loans, Motion by Watford; seconded by Markham. DW feel like if in fact money available will be spent in city, yes and LM how given out? Not expert match with it and ship funds c.- competitively, everyone applying, at least puts our name in the hat. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. MAYOR KIRK ADJOURNED THE MEETING AT 7:48 P.M. Page -8- for hurricane victims, be pushed hard, be used in that match, very CITY OF OKEECHOBEE JANUARY 4, 2005 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 4 I. CALL TO ORDER - Mayor: II. OPENING CEREMONIES: January 4, 2005 City Council Regular Meeting, 6:00 p.m. Invocation given by Pastor Jim Hudson, Nazarene Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea IV. PRESENTATIONS AND PROCLAMATIONS. • A. Presentation to Clayton Williams in honor of his years of service on the City Council. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the December 7, 2004 Regular Meeting. JANUARY 4, 2005 - CITY COUNCIL AGENDA - PAGE 2 OF 4 VI. WARRANT REGISTER - City Administrator. A. Motion to approve the November 2004 Warrant Register: General Fund $256,977.47 Industrial Development Fund $228,522.00 Capital Projects (vehicles) $ 17,250.00 P1..L1:- r--:CL. 1.._.-__.._.u__i_ r.._A A •An nn VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. All. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by titre only proposed Ordinance No. 877 regarding Rezoning Application No. 04-0010-R, submitted by Chris and Gail Newman -City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 877. • 2.a) Motion to adopt proposed Ordinance No. 877. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. JANUARY 4, 2005 - CrrY COUNCIL AGENDA - PAGE 3 OF 4 IX. NEW BUSINESS. A. Swearing in of newly elected officials and presentation of a Certification of Election by the Honorable Shirley Brennan, County Judge: 1. Council Members James "Jim" E. Kirk and Lydia Jean Williams. B. Election of Mayor for a two year term. C. Two-year appointments of Council Members to serve as City Liaisons to various Boards: 2. Tourist Development Council (2 members, Noel Chandler and Lowry Markham currently serve). 3. Okeechobee Development Authority (1 member, Dowling Watford currently serves). 4. Juvenile Justice Council (1 member, Jim Kirk currently serves). 5. Treasure Coast Council of Local Governments (1 member, Dowling Watford currently serves). 6. Okeechobee County Health and Healthy Start Coalition (1 member, Lowry Markham currently serves). 7. Workforce Regional Development Board (1 member, Jim Kirk currently serves). • 8. Okeechobee Main Street (1 member, Dowling Watford currently serves). D. Discuss adverfising OUA Board Appointments, which expire February 28, 2005, and establishing guidelines for all citizen board appointments - City Clerk (Exhibit 2). JANUARY 4, 2005 - CITY COUNCIL AGENDA - PAGE 4 OF 4 IX. NEW BUSINESS CONTINUED. E.1.a) Motion to read by title only and set January 18, 2005 as a final public hearing date for proposed Ordinance No. 878 pertaining to CBD regulations -City Attorney (Exhibit 3). b) Vote on motion to read by titre only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 878 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 878. b) Public comments and discussion. c) Vote on motion. F. Consideration of action related to Impact Fee proposal - City Administrator. G. Ratification of Intedocal Agreementwith the County pertaining to the "Home Again" funding program for post -disaster housing rehabilitation - City Attorney (Exhibit 4). X. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purposed may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. ORDINANCE NO. 877 EXHIBIT 1 JANUARY 4, 2005 AN ORDINANCE OF THE CITY OF OKEECHOBEE, F ORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACTOF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HEAVYCOMMERCIAL(CHV)ZONINGDISTRIC TO COMMERCIAL BUSINESS (CBD) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEV RABILITYANDAN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition (Petition No. 04-010- ) pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.64 acre(s) from Heavy Commercial (CHV) Zoning District to Commercial Business (CBD) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent wit the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: NOW, THEREFORE, BE IT ENACTED BY THE CITY OKEECHOBEE, FLORIDA; presented at a duly, passed by majority vote of the City Council; and pr( designee, as Chief Presiding Officer for the City: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the LOTS 3 THROUGH 12, BLOCK 143, CITY C ACCORDING TO THE PLAT THEREOF AS RE BOOK 5, PAGE 5 OF THE PUBLIC RECORDS COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the amended to reflect the subject property zoning cl, from Heavy Commercial (CHV) Zoning District (CBD) Zoning District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in repealed. NCIL OF THE CITY OF ised public meeting; and executed by the Mayor or of Okeechobee, to -wit: OKEECHOBEE, :ORDED IN PLAT F OKEECHOBEE City of Okeechobee be 3ssification to be changed to Commercial Business lict herewith are hereby Page 1 of 2 • SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately u its passage. INTRODUCED for first reading and set for final public hearing on this 7"' day of December, 2004. James E ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final January, 2005. ATTEST. - Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Page 2 of 2 , Mayor Hearing this 0 day of , Mayor • City of Okeechobee Date: Petition No. _ General Services Department Fee.Paid: Jurisdiction: .�. 55 S.E. 3rd Avenue, Room 101 C Okeechobee, Florida 34974-2903 1st Hearing: a 3 0`� 2nd Hearing: ��/ -}- Publication Dates: Phone: (863) 763-3372, eat. 217 5� 3 12 Fax: (863) 763-1686 Notices Mailed: Uniform Land Use Application Rezone • Special Exception • Variance I ✓ I Name of property owner(s): Christopher W. and Gail M. Newman A 11 Owner mailing address: 207 NE Park Street Okeechobee, FL 34974 P> P Name of applicant(s) if other than owner (state relationship): same L I Applicant mailing address: same as above C A Name of contact person (state relationship): Vikki Aaron — agent N T Contact erson daytime hone(s): 863-467-4768 Fax: 863-467-4618 ✓ Property address / directions to property: 200 Block NE Park Street & NE Second Street IndEblurr nt use of property: Commercial -------------- Desrovements on property,includin number/Coml strip center, bank, gcommercalpe f buildinandanhd whether occupied (if none, so state): g pawn shop Approximate number of acres: 1.64 acres Is property in a platted subdivision P Is there a current or recent use of the property that is/was a violation of county ordi R O Have there been any land use applications concerning all or part of this roe in P nature and applicant's name: property E pp None known R Is a sale subject to this application being granted? No T I, Is the subject parcel your total holdings at that location? If not, describe the remair. Yes If so, describe: No last year? If so, indicate date, or intended uses: Yes Describe adjoining land uses / improvements to the North: Commercial South: Public Use East: Res. &Comm. W st: Commercial LEi xisting zoning: CHV Future Land Use classificatic ctons Requested: LXj Rezone () Special Exceptionarcel Identification Number: R3-15-37-35-0010-01530-0030 0070 ✓ Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information include, the City of Okeechobee in processing my request. False or misleading information may be $500.00 and imprisonment of up to 30 days and may result in the summary denial of this al %/Ii4,yt/ �t a Printed Name r Commercial ance in this application is for use by lunishable by a fine of up to ilication. /fir' v 6C/ Land Use Applicatiod (rev. 1103) Page I of 2 Current zoning classification: CHV Requested zoning classification : CBD R What is your desired permitted use under the proposed classification: The existing commercial uses are E proposed to remain the same. The applicants are seeking relief with regard Z. to parking, loading areas, on —site retention and the Like. O N If granted, will the new zone be contiguous with alike zone? Yes. There are various commercial E zoning dsitricts within the general area. LlIs a Special Exception necessary for your intended use? No V I ariance? No Describe the Special Exception sought: S P E C I Provide specific LDR ordinance citation: A L Are there other similar uses in the area? Is so, describe: E X C E Why would granting your request be in the best interest of the area and residents? P T I O If business, briefly describe nature including number of employees, hours, noise ge eration and activities to be N HI conducted outside of a building: Describe Variance sought: V A R Describe physical characteristic of property that makes variance necessary: I A N C Did you cause or contribute to the characteristic? Is so, describe: E What is the minimum variance necessary? Uniform Land Use Application (rev. 1/03) Page 2 of 2 Christopher W. and Gail M. Newman Property Owners and Applicants Statement Addressing Existing Use of Surrounding Properties The property under consideration is a 1.64 acre ite, with primary frontage on N. E. Second Street and N.E. Park Street. The property is also bounded by N.E. 3 Avenue to the east, N.E. 2nd Avenue to the west. The property is rectangular in configuration and is currently zon d Heavy Commercial (CHV). The property's north boundary line abuts N.E. Second Street. Just beyond Second Street is Bass Funeral Home. To the east of the subject property are two (2) residential properties. Further to the east is Regions Bank. To the west is the Eckerd's Drugstore. Directly south adjacent to Park Street is a number of government uses. Fu her south is a variety of commercial uses. There should be no adverse impacts to the subject property, to surrounding property or to the general area by granting the requested change in zoning. The proposed change in zoning is consistent with the comprehensive plan and land development code. • • Christopher W. and Gail M. Newman — Property Owne and Applicants First Bank of Indiantown David M. and Rose M. Conlon Whidden Enterprises, Inc. Co -Applicants Statement of Intended Use Christopher W. and Gail M. Newman currently own Lots 3 through 6 and Lot 10, Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The co -applicants currently own Lots 7 through 9 and Lots 11 and 12, Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The intention of the applicants and co -applicants is to request a change in zoning from the existing classification of Heavy Commercial (CHV) to Central Business District (CBD) to allow the landowners some flexibility in the development and use of their commercial property with regard to parking, loading, on -site water retention and the like. The Central Business District (CBD) zoning district will permi landowners to apply to the Technical Review Committee for a reduction in parking space requirements when sufficient off-street parking can be provided by alternative mear s. The requested change in zoning is consistent with the Unified Land Development Coc e and the future land use designation of the comprehensive plan. • Christopher W. and Gail M. Newman — Property Own First Bank of Indiantown David M. and Rose M. Conlon Whidden Enterprises, Inc. Co -Applicants Statement of Special Reasons and the Basis for tl Christopher W. and Gail M. Newman currently own Lots 3 153, City of Okeechobee, according to the plat thereof as r 5, Public Records of Okeechobee County, Florida. and Applicants Request 6 and Lot 10, Block in Plat Book 5, Page The co -applicants currently own Lots 7 through 9 and Lots 11 an12, Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The subject property is located in the 200 Block of N.E. Sec Street. The improvements include a 13,750 square foot Comm( square foot bank, a 3,650 square foot commercial building and shop. The applicants and co -applicants are requesting a change in 2 classification of Heavy Commercial (CHV) to Central Business the landowners some flexibility in the development and use of t] with regard to parking, loading, on -site water retention and Business District (CBD) zoning district will permit landowners Review Committee for a reduction in parking space requireme street parking can be provided by alternative means. The reque consistent with the Unified Land Development Code and the futL i Street and N.E. Park ial strip center, a 6,016 1,326 retail store/pawn ring from the existing )istrict (CBD) to allow it commercial property he like. The Central apply to the Technical is when sufficient off- ed change in zoning is land use designation. F—Map ••Page 1 of I r, k, NORTH < C LL LU 3-15-37-35-0010-01530-0030 c11 NB'vlWl CHRISTOPHERIN & GAL NI oo - 11,Q STATE ROAC 70 S- E. PARK STREET ij z LL kr LL z http://www.okeechobeepa-com/GIS/F—Map-asp 10/26/2003 0 Christopher W. and Gail M. Newman — Property Own First Bank of Indiantown David M. and Rose M. Conlon Whidden Enterprises, Inc. Co -Applicants Legal Description Pertaining to A Lofts 3 through 12, Block 153, City of Okeechobee, accordi recorded in Plat Book 5, Page 5, Public Records of Okeechobee and Applicants to the plat thereof as unty, Florida. Whidden Enterprises, Inc. Property Owner and Co -Applicant Owner's Statement of Consent to Applica ion Whidden Enterprises, Inc, being the record title owner of the Lots 12, Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, do hereby consent to make application to the City of Okeechobee to request a change in zoning from the existing classification of Heavy Commercial (CHV) to Central Business District ( BD). �—/�— Signature of Owner &ell Name of Owner (Printed) STATE OF FLORIDA COUNTY OF OKEECHOBEE Sworn to and subscribed before me thisa / day of 6-, 2004 by , )6 h EZ L11 1 d who is personally known to me and who did not take an oath. ��eG VIKKI L NcN AARON Notary Public — to of F rida r±tf`4 t MY COMMI I0S1jAj 27331 Lyn ��✓.m Y EXPIRES: June 26, 2005 ._..F; =.PY �-L ;Jotary ervice & gontling. Inc. First Bank of Indiantown Property Owner and Co -Applicant Owner's Statement of Consent to Application First Bank of Indiantown, being the record title wrier of the Lots 7 through 9, Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, do hereby consent to make application to the City of Okeechobee to request a change in zoning from the existing classification of Heavy Commercial (CHV) to Central Business District (CBD). j7it,, Signature of Owner Ed Our6iAp&fu-11 Name of Owner (Printed) STATE OF FLORIDA COUNTY OF OKEECHOBEE Sworn to and subscribed before me thisa / day of ' 2004 by who is personally known to me and who did not take an oath. Not ry �ia Flo ' a SEAL V kxl VIKKI LYNN AARON `Y1 0 MY COM ISSION # DD 027331 s CXPI FSW :June26,?S 1-EaXl3tvOTARV Fl Voi Service & Bonding. Inc. • • David M. and Rose M. Conlon Property Owners and Co -Applicants Owner's Statement of Consent to Applicati n We, David M, and Rose M. Conlon, being the record title owners of the Lots 11, Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, do hereby consent to make application to the City of Okeechobee to request a change in zoning from the existing classification of Heavy Commercial (C ) to Central Business District (CBD). � i nat Owner Sign ture of weer Name of Owner (Printed) ame of O er STATE OF FLORIDA COUNTY OF OKEECHOBEE Sworn to and„ subscribed before me this a / day of , 2004 by LM V i D ('t}NCAW who are personally known to me and who did not take an oath. e YNN AARON MY CGMM?SS10N # DD 027331 LES Notary Public — Sta of Flo ida '� oF�°� S'„' 16.2005 _ t-8003NOT RY FL Servlo= B^ckg, Ine. I'Lp n �� Christopher W. and Gail M. Newman Property Owners and Applicants Owner's Statement of Consent to A We, Christopher W. and Gail M. Newman, being t title owners of the Lots 3 through 6 and Lot 10 B City of Okeechobee, according to the plat tl recorded in Plat Book 5, Page 5, Public Re Okeechobee County, Florida, do hereby consent application to the City of Okeechobee to request in zoning from the existing classification c Commercial (CHV) to Central Business District (( Signature oTOwner Christopher W. Newman Name of Owner (Printed) STATE OF FLORIDA COUNTY OF OKEECHOBEE Name of of Sworn to and subscribed before me this -�day of alL C'hr).s � Ga, l me r, who are personally known to an oath. Notary Public — Mate of Florida record ,k 153, •eof as irds of make change Heavy D). 2004 by and who did not take IrrKK^IT YNN AARON M t AL iSION * DD 027331 �6f �gP F- : VWUHHS: June 26, 2005 -gOp3N0 ar, .• i=L Notary Service & BoMing. I= o� ; aR 337 P�cc 263 5� �� STA? iY� .,�57ArAP T 56 l t 0.00l seal m 1l.-ae 3-15-37-35-0010-01530-0120 oa.ea. � 'TIIt lspace Above This Lim roe Rwm Mug Deal — Warranty Deed This Indenture, Made " Q l SF day of August ' 19 MILDRED B- FEREBEE,, SURVIVING SPOUSE OF WARREN H. NOW A SINGLE WOMAN, A.D.. Between of tse sera OKEECHOBEE , state d Florida , grantor, and WHIDDEN ENTERPRISES, INC., a corporation existing under the laws of the state of FLORIDA whose adatest bt:221 E. NORTH PARK STREET, OKEECHOBEE, norida34974 a tw eomtyaf OiMECHOBEE 0 state of Florida a grantec Witnesseth mat ens GRANPGR, for and M memidetada of me mm of ....... - ' - - - - - - - - - - - - - - - - - - - ..................... -----------DOLLVA aad amw Good and valuable eaadderadoa eo GRANTOR M bead paw by OP-W= the *eodo wbema M benby aclaowledV4 ban gmeed, baradsed and sow to ens add GRANMM Gad GRAMM'S suceramm and neelpts fklvevaema fobowieg deeulbed Mad. dwa,e, lying Gad belna M the moa4 at OKEECHOBEE sore d Florida to.* TAT 12 OF BLOCK 153 IN THE TOWN OF OKEECHOBEE, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID PLAT ALSO BE 06 RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEEC BEE COUNTY, FLORIDA- SAID LOT LYING IN AND COMPRISING A PART OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA- Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to 1991. and the gtssteor does hereby lolly warnat me dtk to said land, and will defend the same against law W dims of an pnaoss whomsoever. In Witness Whereof, the grantor boa bem unto met bar band and seal the and Tear first above wrkm SlWed, sealed Gad de iver'ed In our presence I (scat) o yan_ the a r.o. Haan. roe sox T71, oTaeECTTouM FT. 31973 Witness CKL 2AUG28 P13 1I (SCSI) CLERK OF STATE OF Florida COUNTY OF OKEECHOBEE TL fat — Matramea. wr actaowkdpd before we this �/� day al August , 1992 bf. MILDRED B. FEREBEE, who la posemeaay tsar+ to sae or "a bus pmdvoed ber DRIVER'S LICENSE m weadantloa and trho dw tale an oath. M& Doemano rtepatad Br. SIFT SMXSY oaxss.'relaT 7=co hE6 -T 5Elvev PUBLIC µ0TAIty *.fn OF ft- Ilia , �# �.c° aiiD508 R lIl68 'boo �,io �� Docmotary Stamps paid in the annount of Class C ntanobk Tax I,&KI In the R ount Thh IM.—rt 14erarrd fly sad R<larn i.: 0($—V— CONELY 6 CONELY, D.F.. TOM N. CONELY, I I1 St1U 'Robertson, CICAt Uf Cii t It 401 N.N. 6TH STREET OkOa Oty 1 spa P.O. DRAWER 1367 fly: OREECHOBEE, FL ]4173-1367 ,D.C. tw. r1'rellUN—brr 3-15-37-35-0010-01530-0110 Warranty Deed Thislndenture, Madctllrs 18th daycf August , 2003 A.D., Betwecn CECIL W. NEWMAN and ANN E. NEWMAN, his wife ' Ih. C „my „f Okeechobee sine of Flor Lda grantors, a„1 DAVID M. CONLON and ROSE M. CONLON, his wife -1—, add—, ,. 180 NW 3rd Avenue, Okeechobee, FL 34972 r the r,—,y .,r Okeechobee slaw of Flor Lda , grantees. NVitneSS011 thatthe UKA.NiORS, fair W. com„le.auo... IAc som of -----------------'---'--TEN DOLLARS ($10)----------------------- DOLLARS. an,[ MScr gr„.d and cal„ahle cw,ndemnm u, GRAIN IORS n band paid by GRAN11US, the r ,pl whamf is hereby aunowlcJgcd, ha - @ranted, bargained and u ld w the said CRANTFFS and GRANUT-.! hen.. ,ucce,.,nc and ...igua braver, the Ibllnwing deccnbed land. squat., Iy,ngandbesng,nlhe C—yur Okeechobee S-ir if Florida In wU: Lot 11, Block 153, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. Subject to restrictions, reservations and eagemeInts of record, if any, which are not reimposed hereby, and taxes a bsequent to December Slat, 2002. BLED FIDE! RE ORD fn.FCC1401EL* COVI TY. ft:. 03AUG IS PM It47 39592 ifAa OIIE R TSON CLEFK OF CillCUIT COURT and 'h, pane n J, 1- r hdl� .. —1 6, :,air 1,. .., �.. .u,J, aua ..:11 1c Raid tlm ,„n„• Ara m In MAIncss lfl•hercuf. aw p.IMva ra.r 1„le„n:, ,<. , , ha,ad, a„J .- lh, day a,:J yea, S1911rd. scalyd Alld ddhirred Ill Illlr prlNCtice: l C'� Witness I'll A.sh<.a IUOa SW elh TOv IZr 1 tn@ I.1 r :\dJrsy, IMIe All' erh S7'A'11: OF FLORIDA COUNTY OP OKEECHOBEE M. r•reg,ssng „ . ,csn.,w.rnq.J *.,,,, .. 18th ,I„ ,.1 Au CECIL W. NEWAtAN�and AM. E. NEWMAN, him wife +la.arr,<rv••,au..•...•,•,.r.<,...h,h,..r............:« Florida driver's licee I,whd rhon, ,.r art p< .,n...n..n,.,•r.<, A. hears 1-1— rl. 1e1Te •s, uam h.dr,e. FI. !axle at . 2003 1., MORTDAO[ D9ZD 'IDSiced TO COwpwwTlOR I110M 1MOrvw)Y/1l b��_ This Taortgage Exvcufrd the 15th day of August A. D. 1980 by CHRISTOPHER W. NEWMAN AND GATT, M. NEWMAN, HIS,WIFE hereinafter called the mortgagor. to OKEECHOBEE COUNTY BANK FGORIDA with Its permanent postof f Ice a corporation existing under the laws of the State of address at P. O. Box 218, Okeechobee, Florida hereinafter called the ntorfgagee: (WYeme, red ►e.ei. do eerwe "eo.4r..�+wre' ud "wWre<' Irlwde eM de Mnir r JY i � ar �r ��,� le<<I rte^'<wuii.•r wd llrr d iwdi.id..Y ewd ,M ruer,n ewa ww>:+r d <rpr. iow.; iwel„dn di iAe eewe MR{. devi6ed II r<,< 1�<w rr.) 10jWSSeth, that far good and valuebte considerations. and also in crinsfJoration of the agare- gate sum named In the promissory note of even dale hercwilh, hercinafle► des bed, the mortgagor h.de by grants, bargains. sells, aliens, remise+, conveys and confirms unto the mod! ages all the certain County.lair of which the mortgagor is now seized and In possession situate In Okeech0 e Florida, viz: Lot 10, Block 153, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 2, page 17 of the public records of St. Lucie County, Florida, and also recorded in Plat Book 5, page 5 of the public records of Okeechobee County, Florida "prot•Ided furSrT tka� iafd m�t't�+Ar'*' iio heichv ton•ent and neret a� •off � �-/ it ..nnt r c `,r m.,rri;a.• a r. ......... . IBC ''T;j Clare We w i L,:trc¢ �y Ti, a m ,, ., . ..'' r, .r +Fr ro;ment of any C _•o . 5 80,000.00 v'coc: iur ,.• nr loans shn'I be rat rc in,trt;ments io imroke the terms heruoi. i i _1 20.001 Cam' �MV RM� a RECEIPT N0.�44O%57 IZ,)fn_1-15 82) For liyverl rt//trt ig'Ir, Clan C l;z in the amount of' _LSPQ 0 Uaik of urwt WJrt „: ;: 236 f-CA019 050�138 KEE1656 —11 7 4Mmpe $ ±a In the amount of (� Oo Ciasa C inuno le Tax of s aid in the amount CC S 3f) SS Sharon Rot>kbam. Circuit Court in Numb. 3-15-37-35-0010-01530-0070 tir �` �� ora.tee it TO•k • O.C. Data; - aV o Warranty Deed Th(a Indenture, Madethis _Ir ESTEE INVESTMENTS, INC., dayot May, 20 0 0 A.D., a corporation existing under the Between laws of the state of Florida at the Counryof Broward FIRST BANK OF INDIANTOWN, , stateor Florida a corporation existing under t grantor, and e laws of the state of Florida wLoteddraakP.O. Box 365, Indiantown, Florida 34956 of the county al' Martin , stateof Florida grantee. %Itnesseth tha the ORMIrDR for and le canwention o(tAe ewra of — — — — — — — — — — — — -------- - TEN tt NO/100(S10.00)-- - - -- -_ -Dot and other good and valuable consideration to ORANMR In hand paid by oRAMM, the receipt fired is bomb, a tsimiedged, W. graaled, bargaied and said Io the said GRAMM and GRAN EIM eutvemon and anipt fomsr, the f g deaerbsd k.4 must.. Met and being in lid County of Okeechobee sletsof Florida mwle Lots 7, 0 and 9, Block 153, OKEECROBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records f Okeechobee County, Florida. SUBJECT to restrictions, reservations and easements of r cord, if any, which are not reimposed hereby, and taxes subetq ent to December 31st, 1999. FILE 0 i ki CORD 0YJ I . iii L CO. FL. 331620 oomy in Pli1,7• m SIIAF..0 Il ra(RK .tlr' and the grantor don hereby fussy "Mae she 1111e to said lend. ad will defend the ame apron IWW dalrm of an pamm, In w'hot namr. VAtness Whereof, the grantor bee hereunto Slped, seated and delivered Is our $ee his hand 5�d sal the day aid yea fine above wdtts& presence; EST INVES S IN r C. Printed Names %l/orrt Nit By,C� SCOTT RZZXICK, Vica resident e (� P.O. Addrea 1605 S.W. 131% Terrace, Pod I auderdak, Pt. 11112 Pr nt Name: Litis l2Abc k Witne s STATE OF FLORIDA R COUNTY OF BROWARD (Corporat Seal) The foragoieg ittammem .ae adrno iedrd before .te Ihie 1� t.y of May. 2000 by T SCOTT RIZNICK, Vice President Ot EST INVESTMENTS, INC., U onMMlfo/tMm lie aFlorida R rposmi°� peruonany tmww some or has Pmducvd his Drivers License N a ide.Ufieadon. We Document Prepared Dr ,I, TDM W. OONE.y, M O CONmyAcoMXy.PA Printed N �t},�,t' POST 01 ICE DRAWER W lENOTARY PtJORJC xtlDt7tO0Ia7,19. f11167 o My Commission Fip6es y .� Sump if Mrini .� ?YCF ca�assan g ccnnB t>eltts q Lss i `e', a v�o r March 19, 2002 aaoa 251 PIGS 591 STATE OF FLORIDA COUNTY OF / /kIlUc-7L� I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared HERBERT L. FREEL, as Trustee of the MODERN DAIRY FARMS, NO. 1, INC., PROFIT-SHARING PLAN AND TRUST, well known to me to be the person described in the foregoing instrument and he acknowledged to and before me that he executed the same in the presence of two subscribing witnesses under aut rity duly vested in him. WITNESS my hand and official seal in the County and State last aforesaid this day of„cam/ 1982. NOTARY PUB (No aA*'1 Seal) My Commiss �. ! WE 1 ,M R A.t�pOF FL _R�4.1 c T. _ rt7+t r-xrrru� 252.00t i Expires: g.wy /„Wk, seam of Florida at Grp My e.,..N &sjen axyira J-* r. n" 2 - 2.51. 91 TY 251 PscE 590 TRUSTEE'S DEED fi1(+ t f hW%w THIS INDENTURE, made, given and ated as of the 30th day August , 1982, by HERBERT L.'F EEL, as Trustee of the MODERN DAIRY FARMS, NO. 1, INC., PROFIT-SHARING PLAN AND TRUST (h, ' inafter referred to as the "Grantor") tc CHRISTOPHER W. NEWMAN ar. GAIL M. NEWMAN, his wife, (hereinafter referred to as the "Grante whose address for the purposes hereof i 207 N. E. Park Street, Okeechobee, Florida 33472; ` W I T N E S S E T That the said Grantor, for and in consideration of the sum r Ten Dollars ($10.00) and other good and valuable considerations t it in hand paid, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, rem se, release, convey and confirm unto the said Grantee, all that certain piece, parcel or 2tiµ tract of land lying and being in the Co my of Okeechobee, and th State of Florida, more particularly des ribed as follows: nJ��p Lots 3, 4, 5, and 6, Block 153, ZITY OF OKEECHOBEE, L'f according to the plat thereof as recorded in Plat 1 6 Book 5, Page 5, Public Records of Okeechobee County, Florida. ��r(�i•' 'rc TOGETHER WITH all the tenements, hereditaments and appurte ances with every privilege, right, title, interest and estate, reversion, remainder and easement thereto belonging or in anywise thereunto appertaining except as hereinafter otherwise expressly provided. v r e tilt TO HAVE AND TO HOLD the same in fee simple forever; ,+?R'rtiy , , SUBJECTHOWEVERto the follows g (and tt �F „ (a) All real estate taxes and special assessments lien thereof) levied, payable or assessed against the land hereir conveyed subsequent to December 31, 198 ; (b) Covenants or restrictions of record, if Any, but this IzvYu reference shall not serve to reimpose same; (c) All valid laws, rules and regulations of the United and the State of Florida, or any department, bureau, agency or pc *r}r, ical subdivision of either thereof, relating to the uce of the It hereinabove described and herein convey d. AND the Grantor covenants. with tie Grantee that the Grantc is lawfully seized of the premises here nabove described and herE ':'. �"�•`"�'°".' conveyed, and that said premises are fr a of all encumbrances except the matters hereinabgve mentionei to which this deed is me subject, and that the Grantor has good, right and lawful authori to sell the same. IN WITNESS WHEREOF, the aforesaid Trustee as Grant has caused this instrument to be executed this 30 day of 1982. -' Signed, sealed and delivered �k in the presence of: ERT L. FPE L "N TO —13.. non san+u. EW PR(PARa PHIS W Y%ATSON l.luM ay. 11 h•t•J IiT U.' 0 • Christopher W. and Gail M. Newman — Property First Bank of Indiantown David M. and Rose M. Conlon Whidden Enterprises, Inc. Co -Applicants Statement of Applicants Interest in P Christopher W. and Gail M. Newman currently own Lots 3 153, City of Okeechobee, according to the plat thereof as r 5, Public Records of Okeechobee County, Florida. and Applicants 6 and Lot 10, Block in Plat Book 5, Page The co -applicants currently own Lots 7 through 9 and Lots 11 and 12, Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The subject property is located in the 200 Block of N.E. Second Street and N.E. Park Street. The improvements include a 13,750 square foot commercial strip center, a 6,016 square foot bank, a 3,650 square foot commercial building and a 1,326 retail store/pawn shop. The applicants and co -applicants are requesting a change in 2 classification of Heavy Commercial (CHV) to Central Business the landowners some flexibility in the development and use of tl with regard to parking, loading, on -site water retention and Business District (CBD) zoning district will permit landowners i Review Committee for a reduction in parking space requireme street parking can be provided by alternative means. The reque consistent with the Unified Land Development Code and the futi ning from the existing )istrict (CBD) to allow it commercial property he like. The Central apply to the Technical rs when sufficient off- ed change in zoning is land use designation. CENTERLINE N. E. 2nd AVENUE U1 M RBF RBF N89' 59' 38' E 199.9' (F) 1 _ 50. 0' ( P) 50. 0' (P) 50. 0' (P) 50. 0' (PJ 35' I I I Ln Z LOT I LOT I LOT 6 5 4 28551.58 SQUARE FEET o CHRIS 6 GAIL Z NEWMAN IMPROVEMENTS NOT SHOWN OR 251 PG 590 c I v N v I I RBF i N 0 0 m r s 0 Z HOLE 200. 0' (F) inn III r Gi I LL LOT NOT PART I NOT PART _v ^ OF SURVEY OF SURVEY 3 ma Q s in N La LOT o~ 2 I 1 I I I PBS , 15' (P] ALLEY 15, 24' ( F1 DRILL HOLE 7111.60 7104.32 7098.33 SQUARE FEET SQUARE FEET SQUARE FEET 175 CHRIS 6 GAIL CECIL 6 ANN MILDRED N NEWMAN NEWMAN FEREBEE LOT I LOT I LOT 7 I 8 I 9 LOT LOT LOT 10 11 12 21378. 46 SQUARE FEET FIRST BANK IMPROVEMENTS IMPROVEMENTS IMPROVEMENTS i OF I NDI ANTOWN NOT NOT NOT IMPROVEMENTS NOT SHOWN SHOWN SHOWN SHOWN OR 438 PG 1656 Q I I OR 236 OR 508 OR 337 PG 1019 PG 1468 PG 263 50, 0' ( P) 50. 0' (P) 50. 0' (P) 50. 0' ( P) 50. 0' (PJ 50. 0' (P) ABF N89' 59' 1 N89° b9' I b' W zSU. e- t r 1 CENTERLINE NORTH PARK STREET (S.P. 701 LELAND DYALS R. L. S. 2084 304 S. W. 3rd Ave., Okeechobee, Fla. PHONE .... 763-4909 FAX .... 763-2600 j Z RBF z w LU U CV W v CV o N 0 0 0 m 8' W (F) Zl Q M 49.96' (F] RBF w DATE U LEGEND RBF - Rebar Found PBS - Reber M/Cap Set IPF - Iron Pipe Found CMF - Concrete Monument Found PPM - Permanent Reference Monument (P) - As per the plat of (F) - Field Measurement (D) - As per the deed (C) - Calculation NOTES: 1. Basis bearing WEST PROPERTY LINE 2. Bearings shown as per the plat of ASSUMED 3. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper 4. Description furnish by owner. CERTIFIED TO: CHRISTOPHER NEWMAN GAIL NEWMAN FIRST BANK OF INDIANTOWN CECIL NEWMAN ANN NEWMAN MILDRED FEPEBEE CITY OF OKEECHOBEE SURVEY OF: Christopher G Gall Newman LOTS 3, 4, 5. AND 6, BLOCK 153, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5. PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA First Bank of Indlantown LOT RECORDED INNPLAT BOOKK5i5PAGEK5, PUBLIC RECORDSNOFTO THE PLAT OKEECHOBEE COUNTY, FLORIDA. Christopher 6 Gall Newman LOT 10, BLOCK 153, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17 OF THE PUBLIC RECORDS OF ST. LUCIE RECORDS FLORIDA,OF AND ALSO RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC Cecil 6 Ann Newman PLOT LATIBOOKBLOCK 5. PAGE 5. PUBLIC53ERECORDSACCORDING OKEECHOBEEPLAT COUNTY, FLORIDA. IN Mildred Ferebee LOT 12 OF BLOCK 153 IN THE TOWN OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTYPUBLIC RECORDSAOFSAID PLAT OKEECHOBEELSO BEINGCOUNTY, FLORIDA. SAIDORDED IN PLAT BOOK OT LLYINGSINPAGE S. AND COMPRISING A PART OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. CERTIFICATE OF SURVEY 1 HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOWN HEREON WAS PREPARED UNDER MY DIRECTION AND SUPERVISION. L EL ND DEALS, RLS 2084 i' - 50' ILourim LOT 3-i2, BLOCK 153, CITY OF OKEECHOBEE �, , CHRISTOPHER 6 GAIL CRY NEWMAN e,/ft:CITY i9/27 i5-37S-35E 10/20/04 N0. : 5833 NO. . N89° b9' I b' W zSU. e- t r 1 CENTERLINE NORTH PARK STREET (S.P. 701 LELAND DYALS R. L. S. 2084 304 S. W. 3rd Ave., Okeechobee, Fla. PHONE .... 763-4909 FAX .... 763-2600 j Z RBF z w LU U CV W v CV o N 0 0 0 m 8' W (F) Zl Q M 49.96' (F] RBF w DATE U LEGEND RBF - Rebar Found PBS - Reber M/Cap Set IPF - Iron Pipe Found CMF - Concrete Monument Found PPM - Permanent Reference Monument (P) - As per the plat of (F) - Field Measurement (D) - As per the deed (C) - Calculation NOTES: 1. Basis bearing WEST PROPERTY LINE 2. Bearings shown as per the plat of ASSUMED 3. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper 4. Description furnish by owner. CERTIFIED TO: CHRISTOPHER NEWMAN GAIL NEWMAN FIRST BANK OF INDIANTOWN CECIL NEWMAN ANN NEWMAN MILDRED FEPEBEE CITY OF OKEECHOBEE SURVEY OF: Christopher G Gall Newman LOTS 3, 4, 5. AND 6, BLOCK 153, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5. PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA First Bank of Indlantown LOT RECORDED INNPLAT BOOKK5i5PAGEK5, PUBLIC RECORDSNOFTO THE PLAT OKEECHOBEE COUNTY, FLORIDA. Christopher 6 Gall Newman LOT 10, BLOCK 153, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17 OF THE PUBLIC RECORDS OF ST. LUCIE RECORDS FLORIDA,OF AND ALSO RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC Cecil 6 Ann Newman PLOT LATIBOOKBLOCK 5. PAGE 5. PUBLIC53ERECORDSACCORDING OKEECHOBEEPLAT COUNTY, FLORIDA. IN Mildred Ferebee LOT 12 OF BLOCK 153 IN THE TOWN OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTYPUBLIC RECORDSAOFSAID PLAT OKEECHOBEELSO BEINGCOUNTY, FLORIDA. SAIDORDED IN PLAT BOOK OT LLYINGSINPAGE S. AND COMPRISING A PART OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. CERTIFICATE OF SURVEY 1 HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOWN HEREON WAS PREPARED UNDER MY DIRECTION AND SUPERVISION. L EL ND DEALS, RLS 2084 i' - 50' ILourim LOT 3-i2, BLOCK 153, CITY OF OKEECHOBEE �, , CHRISTOPHER 6 GAIL CRY NEWMAN e,/ft:CITY i9/27 i5-37S-35E 10/20/04 N0. : 5833 NO. . 0 1375 �on Street, Suite 206 Fort Florida 33901-2845 Phone: 2')g-334-3366 Fax: 239-334-6384 Email: lame-planning(a,att.net Staff Report Rezoning Requ Applicant: Christopher and Gail N From: Commercial Heavy (CIS To: Commercial Business Petition No. 04-010-R Staff Report Rezoning Request • Applicant: hris opher and Gail Newman Petition No. 04-010-R Applicant: Christopher and Gail Newman Applicant Address: 207 NE Park Street Okeechobee. Florida 34974 Applicant Phone Number: Contact Person Vicki Aaron 863-467-4768 Future Land Use Classification Existing Commercial Commercial Proposed Zoning District Commercial Heavy (CHV) Central Business (CBD) Use of Property Commercial center Commercial Center Acreage 1.64 1.6 Access Park Street Park- Street Location: 200 Block of NE Park Street and NE Second Street Legal Description: Lots 3 through 12. Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5. Page 5 of he Public Records of Okeechobee, County, Florida The applicant is requesting to rezone approximately 1.64 acres of d veloped property from the Commercial Heavy Zoning District (CHV)to Central Business Zoni g District (CBD). North: Future Land Use Map Classification: Commercia Zoning District: Residential Multi -Family Existing Land Use: Funeral Home East: Future Land Use Map Classification: Commercia Zoning District: Commercia Heavy Existing Land Use: Residential South: Future Land Use Map Classification: Public Facilities Zoning District: Public Use Existing Land Use: Commercia Staff Report Rezoning Request 0 Applican#C her and Gail Newman Petition No. 04-010-R West: Future Land Use Map Classification: Commercial Zoning District: Central Business Existing Land Use: Drug store The applicants of the above described property are requesting this rez ning in order to be relieved of some of the parking regulations required in the City's Land Development Code. The CBD Zoning District would give the applicants more flexibility in uses that could be accommodated by allowing alternative parking and less strict parking and loading standards (see Parking standards for the CBD Zoning District). The issue to be deci ed is whether this specific s within a CBD Zoning District. land area officially belong 1. The proposed =oning is not contrary to Comprehensive Plan requirements. The existing uses have already met the Comprehensive Plan requirements. The applicants are not presently proposing to change any of he existing uses already on the property. A CBD Zoning District is certainly consist nt with the Comprehensive Plan as long as the CBD Zoning District characteristics are present at this site. 2. The proposed use being applied for is specifically author red under the Zoning district in the Land Development Regulations. The applicants' request to rezone the property to t e CBD Zoning District is appropriate under the Land Development Regulations. The existing uses are also allowed under this Zoning District and proposed uses wo Id be allowed also. 3. The proposed coning will not have an adverse effect on t e public interest. The applicants' request should not have an adverse ffect on the public interest. Traffic impacts will be minimal as long as adequate par ing is available when people are conducting business at the commercial center. 4. The -oning is appropriatefir for the location proposed, i.s reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanising land use patterns. The CBD Zoning district is appropriate for this location. The current businesses have already been considered compatible with adjacent lad uses. These uses are not detrimental to urbanizing land use patterns. Ingress and egress to the subject property will remain the same. To lessen parking for the area. the applicant will still have the burden of showing how street parking or other parki g alternatives can lessen the normal off-street parking requirements. Staff Report Rezoning Request • 0 Applicant: hristopher and Gail Newman Petition No. 04-010-R 5. The proposed use will not adversely effect property valee s or living conditions, or be a deterrent to the improvement or development of ac face t property. No, the applicants' request will not adversely affect property values or living conditions, nor will it be a deterrent to the improvement or development of adjacent property. 6. The proposed use can be suitably buffered f om surroun ing uses, so as to reduce the impact of any nuisance or ha_ard to the neighborhood The existing and proposed uses pose no impacts on the urrounding uses. Staff sees no need to impose buffering requirements upon the applicants as the adjacent property also shares the same CBD Zoning District. 7. The proposed use or Zoning District will not create a� density pattern that would overburden public facilities such as- schools, streets, and utility services. The impact of the proposed district will not create a density pattern that would overburden public facilities. 8. The proposed use hill not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Staff does not anticipate any traffic, flooding. or drainage problems with the proposed tr zoning district. It still is the burden of the applicant t demonstrate why parking requirements should be lessened for this location. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the proposed use has not been inordinatel% burdened by unnecessary restrictions. In fact. the CBD Zoning District will be anting more fle ibility to the applicants. 10. The proposed change will not constitute a grant of'specioI privilege to an individual owner as contrasted with the public welfare. No special privileges will be granted to the applicants tat are not already allowed under the Land Development Code's regulations. The subject property is designated Commercial on the adopted City oOkeechobee Future Land Use Map and the applicants' request is consistent with the Future La d Use designation. Staff Report Applican . hristopher and Gail Newman Rezoning Request Petition No. 04-010-R Based on the above Rezoning criteria being met. the request to re2 CBD is recommended to be approved as it is consistent xvith the C Development Regulations. Submitted by: James G. LaRue, AICP Planning Consultant November 11. 2004 the parcel from CHV to rehensive Plan and Land 4 0 23 0 NOt! 11 ''4 -5:07 § W312 OKEECHOBEE CODE (2) Retail service, retail store including out- door display of merchandise. (3) Restaurant, cafe. (4) Personal service. (5) Dry cleaner, laundry. (6) Private club, nightclub. (7) Crab studio. (8) Business school. (9) Commercial indoor recreation. (10) Commercial parking garage or lot. (LDR 1998, § 391) Sec. 80-313, Special exception uses. The following uses and structures are permit- ted is the CBD district after issuance or a special exception use petition and may have additional conditions imposed at the time of approval: (I) Drive -through service. (2) Auto service station, car wash. (3) Radio, television mission or opera (4) Mechanical and (6) House of worshi} (6) Marina, dock, pi+ (7) Public facility or (8) Public utility. (9) Permitted uses height. (10) One dwelling un ing, not esceedv square feet. (11) Outdoor vehicle (LDR 1998,1392) Sec. 90.314. Cuitoa Each permitted pri caption use in the CB: to have the customary (LDR 1998, § 393) cable reception, trans- nal facilities. pair services. excess of 45 feet in per commercial build - two bedrooms or $00 es lot. accessory uses. Ll use and special ex- trict is also permitted isory uses for that use, Sec. 90.315. Lot and structure requirements. Except where further restricted by these regulations for a particular use the minimum lot and structure requirements in the CBD district shall be as follows: (i) Minimum lot area. All uses: Area As Width NC (2) Minimum yard requirements. Except where a greater distance is required by these regulations minimum yard setbacks shall be as follows: a. All uses: Front Nc Side NC 20 Rear N b. The width of an adjacent street or alley may be applied to the when abutting a residential district. CD90:24 to comply with is set out in this a particular use, the or at least eight feet; t abutting residential district 20 feet abutting a res- al zoning district used setback required ZONING Sec. 90-285. Lot and structure requirements. Except where further restricted by these regulations for a pa for lots and structures in the CRV district shall be as follows: (1) Minimum lot area. All uses: Area Width (2) Minimum yard requirements. Except where a greater distance is required by minimum yard setbacks shall be as follows: (3) 90-312 use, the minimum requirements 6,250 square feet 50 feet se regulations for a particular use, the a. All uses: Front 20 feet to buildings; ten feet to parking and driveway Side eight feet; 20 feet abutting residential zoning district Rear ten feet; 20 feet abutting a residential zoning district b. The width of an adjacent street or alley may be applied to the increased setback required when abutting a residential district. Maximum lot coverage by all buildings. Maximum Coverage Maximum Impervious All uses: 50 percent (4) Maximum height of structures. Except where further restricted by these regulations shall be as follows: All uses shall be 45 feet, unless (LDR 1998, § 384) Sec. 90-286. Additional regulations. Additional regulations which shall apply to all uses in the CHV district include, but are not limited to: (1) Concurrency regulations. (2) Parking and loading regulations. (3) Landscaping regulations. (4) Sign regulations. (5) Accessory use regulations. (6) Supplementary use regulations. (7) Environmental and stormwater regula- tions. (8) Utilities regulations. (LDR 1998, § 385) Secs. 90-287-90-310. Reserved. Surface 85 percent :)r a particular use, the maximum height special exception is granted. DIVI ION 9. CENTRAL BUSINESS (CBD) DISTRICT* Sec. 9 -311. Generally. (a) Central business (CBD) zoning districts shall be permitted only on land designated as future land use category commercial in the com- prehen ive plan. (b) ses in central business (CBD) zoning dis- tricts s all be subject to the regulations of this (LDR 1098, § 3901) Sec. 9 -312. Permitted uses. The following principal uses and structures are permitted in the CBD district: (1) Professional office, business office, medi- cal office. CD90:23 s reference Businesses, ch. 14. • 5 30-312 OKEECHOBEE CODE (2) Retail service, retail store including out- door display of merchandise. (3) Restaurant, cafe. (4) Personal service. (5) Dry cleaner, laundry. A (6) Private club, nightclub.. (7) Craft studio. (8) Business school. (9) Commercial indoor recreation. (10) Commercial parking garage or lot. (LDR 1998, § 391) Sec. 90-313. Special exception uses. The following uses and structures are permit- ted in the CBD district after issuance or a special exception use petition and may have additional conditions imposed at the time of approval: (1) Drive -through service. (2) Auto service station, car wash. (3) Radio, televisi mission or op, (4) Mechanical ai (5) House of won (6) Marina, dock, (7) Public facility (8) Public utility. (9) Permitted us( height. (10) One dwelling ing, not excee square feet. (11) Outdoor vehic. (LDR 1998, § 392) Sec. 90-314. Custon Each permitted pr. ception use in the CB to have the customary (LDR 1998, § 393) or cable reception, trans- tional facilities. repair services. use. in excess of 45 feet in per commercial build - two bedrooms or 800 sales lot. ry accessory uses. :ipal use and special ex - district is also permitted !cessory uses for that use. Sec. 90-315. Lot and structure requirements. Except where further restricted by these regulations for a particular u e, the minimum lot and structure requirements in the CBD district shall be as follows: (1) Minimum lot area.. All uses: Area Asneeded to comply with re uirements set out in this di Width Nc (2) Minimum yard requirements. Except where a greater distance is required by these regulations minimum yard setbacks shall be as follows: a. All uses: Front N( Side Nc 20 Rear b. The width of an adjacent street or alley may be applied to the when abutting a residential district. CD90:24 a particular use, the e or at least eight feet; eet abutting residential ng district e; 20 feet abutting a res- tial zoning district reased setback required • ZONING (3) 111Ja.xi.7?:.U1?7 lot cozrerage by all buildings. -Maximum Cove Maxi.niurn Impendous Surface All uses: 85 percent 100 percent (4) Maximum height of str• &W-es. Except where further restricted by these regulations for a particular use, the maximum height shall be as follows: All uses shall be 45 feet, unless a special exception is granted. (5) Maximuhi floor area ratio. All uses shall be 3 feet. (LDR 1998, § 394) 90-342 Sec. 90-316. Additional regulations. The following additional regulations shall ap- ply to all uses within this district. In the event an applicant cannot comply with any additional reg- ulation due to the requirements in section 90-394, such applicant may, in conjunction with the site plan review by the technical review committee, request a waiver of any such additional regula- tion. If the technical review committee deter- mines that the applicant cannot comply with. the additional regulation due to circumstances be- yond the control of applicant, the committee may recommend to the board of adjustments to waive such additional requirement. Additional regulations which shall apply to all uses include but are not limited to: (1) Concurrency regulations. 12) Parking and loading regulations. (3) Landscaping regulations. (4) Sign regulations. (5) Accessory regulations. (6) Supplementary regulations. (7) Environmental and stormwater regula- tions. (8) Utilities regulations. (9) Building design guidelines. (LDR 1998, § 395; Ord. No. 816, § 1, 2-4-2003) Secs. 90-317-90-340. Reserved. DIVISION 10. INDUSTRIAL (IND) DISTRICT`" Sec. 90-341. Generally. (a) Industrial (IND) zonin- districts shall be permitted only on land designated as future land List-, category industrial in the comprehensive plan. Cx-oss reference—F�usiue�sc'e, ch. 11. CD90:25 (b) Us s in industrial (IND) zoning districts shall be s bject to the regulations of this division. (LDR 199 , § 400) Sec. 90- 42. Permitted uses. The following principal uses and structures are permitted in the IND district: (1) Business office. (2) Bt siness school. (3) Retail service, retail store including out- doDr display of merchandise. (4) Research laboratorv. (5) Manufacturing, processing, except those wl ich produce explosives. (6) M chanical and repair services. (7) Bulk storage of nonhazardous material, (8) Off -site sign. (9) Outdoor sales and storage, building con- (10) Wholesale sales and distribution. (11) Enclosed warehouse and storage. (12) Commercial laundry, dry cleaner. (13) Pri sting. (14) Au o service station, car wash. (15) Dri ,e-through service. (16) Parking garage, parking lot. (17) Radio, television or cable reception, trans- mission or operational facilities. (18) Vet rinary service. 0 3 90-453 OKEECHOBEE CODE purtenances; provided, however, that they shall not exceed Federal Aviation Administration height limitations. (LDR 1998, § 612) Sec. 90-454. Outdoor storage uses in nonres- idential districts." Outdoor storage uses permitted in non-residen- tial districts, comprising goods and materials, shall be screened from adjacent residential zoning districts by a fence or landscaping at least five feet high. Goods and materials shall not be stored in required yards. (LDR 1998, § 613) Sec. 90-455. Hurricane shelter. Mobile home parks and mobile home subdivi- sions shall provide a hurricane shelter for resi- dents and their guests. iLDR 1998, § 6141) Secs. 90-456-90-480. Reserved. DIVISION 2. PARKING AND LOADING REQUIREMENTS* Sec. 90-481. Generally. Off' -street parking and loading facilities shall be indicated on a site plan and provided in accord with the regulations of this division. (LDR 1998, § 450) Sec. 90-482. Computation of required off- street parking and loading spaces. Computation of required off-street parking and loading spaces shall be as follows: (_1) Computation of parking spaces shall be rounded up or down to the nearest whole number. Computation of parking spaces based on floor area requirements shall be gross floor area. 'Cross reference—Parl6tig, atupping and standing', § 54-41 (3) Computation of parking spaces in places of public assembly shall be based on the maximum occupancy rating given the building by the fire marshal. (4) Computation o parking spaces based on number of emp oyees shall be at the max- imum work shift- (5) Spaces for the handicapped are included in the computati ons of total parking spaces. (6) Parking spaces for two or more busi- nesses may be combined, provided that the total number or spaces shall not be less than the sum of required spaces com- puted separatel . Where it can be demon- strated that theneed for parking spaces from specific us s do not overlap in time, the number of paces may be reduced by the number req fired by the lesser use. (7) Loading spaces for two or more busi- nesses may be combined, provided that the total number of loading spaces shall not be less than the sum of required spaces compute separately. (8) When a building or use is changed, or enlarged in floor area, the off-street park- ing and loading spaces as required in this division shall be rovided for those changed or enlarged uses. (LDR 1998, § 451) Sec. 90-483. Modification of parking and loadings ace requirements. Modification of parkh g and loading space re- quirements shall be as f llows: Sufi'. N` . L CD90:32 (1) The number of s aces may be increased, decreased, or de rred by the city council when: a. A parking s t udy demonstrates that the proposed use would have a de- znand in excess or, or less than, the requireznen s of these Regulations. b. A parking e the hours of ing for two ( nor•mal1v ov dy demonstrates that red for maximum park- inore joint uses do not lap. w ZONING C. A building is in an historic district or is of historic interest. d. A building is in a Commercial, Cen- tral Business District, or Public Use Zoning Categories. (2) The city council may require the appli- cant to provide a parking study when the technical review committee presents data indicating that an increase or decrease in the number of parking spaces may be warranted. (3) An applicant may submit a parking study to demonstrate that either the parking or loading space regulations are excessive for the use proposed, or there is not a current need for all spaces. (4) A parking study requesting deferral of parking spaces shall contain: a. A site plan locating the total re- quired parking spaces and designat- ing the deferred spaces, and a land- scaping plan of the deferred parking area. b. A written agreement with the city that the developer will pay for a study to determine the need to pro- vide the frill parking requirement and that the deferred spaces will be converted to parking spaces at the developer's expense should the city determine that additional spaces are needed. (5) The number of parking spaces shall not be reduced below these requirements where there is insufficient parking. (LDR 1998, 5 452; Ord. No. 815, § 1, 2-4-2003) Sec. 90-484. Reduction of paved parking space requirements. (a) The number of paved spaces may be re- duced by the city council when a parking study demonstrates that the proposed use normally would have a demand for the total required park- ing spaces only on one or two days a week. (b) Paved parking spaces shall not be reduced by more than 75 percent. (LDR 19)8, § 453) Sec. 90 85. Reduction of pax -king space re- quirements in commercial dis- tricts. (a) In commercial, central business, and public use zoni g districts, city council may reduce the number of'parking spaces if the technical review committee finds that there is a surplus of on - street parking in the immediate vicinity of the proposed use that is not required by other uses, or that the applicant has provided sufficient off- street parking by alternative means, such as but not linii ed to a parking garage, or adequate parking lots adjacent to the proposed use. (b) City council may require the applicant to provide a parking study, or evidence of ownership or lease of alternative off-street parking, and may attach conditions to an approved or alternative parking space reduction. (c) In Lhe CBD the number of parking spaces shall not e reduced by more than 80 percent from that othe wise required in these regulations. (d) In ommercial zoning districts the number of parkin y spaces shall not be reduced by more than 20 1 ercent from that otherwise required in these rev lotions. (e) In public use zoning districts, the number of parkin spaces shall not be reduced by more than 50 f ercent from that otherwise required in these re-lations. (LDR 199 , § 454; Ord. No. 815, § 1, 2-4-2005 ) Secs. 90-486-90-510, Reserved. DIVISI�N 3. OFF-STREET PARKING AND LOADING' Sec, 90-511. Design standards. (a) Paz Ling and loczcling space location. (1) Except as provided in this section, re- quired off-street parking and loadin-. spaces sh ill be located ou the same p trcr 1 as the pr mary use. 'Cross et seq. tiupp. -No. 1 CD90:33 hin7. stopping :it I(Is I:iII II t -11 • 90-511 OKEECHOBEE CODE (2) The city council may approve off -site park- ing facilities if the technical review com- mittee finds that the location of the off - site facility will adequately serve the use for which it is intended, and if the appli- cant submits a written agreement to the city ensuring the continued availability of the off -site facility for parking use., (b) Parkin- space size. The minimum parking space shall be nine feet wide by 20 feet long; handicapped shall be as defined by state handicap code accessibility. (c) Loading space size. The minimum loading space shall be ten feet wide by 30 feet long, with 14 feet vertical clearance. (d) Parking access driveway avidth. (1) The single-family residence minimum driveway width shall be at least eight feet. (2) For all other uses, the minimum driveway width shall be: a. Parking spaces between 75 degrees and 90 degrees angles to the drive- way, 24 feet. Sec. 90-512. Space regulations. Off-street parking spaces are required as follows: (1) Residential Uses: Single or two-family dwelling Multiple -family 1 bedroom Multiple -family 2 bedrooms Multiple -family 3-4 bedrooms Mobile home park Adult/assisted living facilities (2) Commercial Uses: Shopping center, Retail store or service Furniture or appliance store Professional office, business office, Medical office Nursery, lumberyard Restaurant, nightclub Barbershop, beauty shop b. Parking the drive (e) Parking and loa, (1) Except for sin places of public parking and loc (2) Except for sin€ parking or loa, rectly onto a dr street, and eac designed to per; another vehicle yes any other angle to 20 feet. in- space layout. le -family dwellings and .ssembly or worship, each ling space shall be paved. e-family dwellings, each .ng space shall open di- •eway that is not a public parking space shall be .it access without moving (3) Buildings, parking and loading areas, land- scaping and open spaces shall be designed so that pedestrians moving between park- ing areas and buildings are not unreason- ably exposed to vehicular traffic hazards. (4) Paved pedestrian walks shall be provided along the lines of the most intense use, particularly between building entrances to streets, parking areas, and adjacent buildings. (5) Loading faciliti purpose and L evident. (LDR 1998, § 460) ' lup J. �U. 1 CD90:314 2 per dwelling 1.75 per dwelling 2 per dwelling 2.25 per dwelling 2.25 per dwelling per 1 per unit or bedroorr shall be identified as to .tion when not clearly unit or bedroom 1 per 300 square feet of floor area 1, per 500 square feet of floor area 1 per 300 square feet of floor area 1 per 180 square feet of floor area 1 per 250 square feet of floor area 1 per 75 square feet o floor area per service chair • § 90-511 OKEECHOBEE CODE (2) The city council may approve off -site park- ing facilities if the technical review b. Parking spaces any other angle to com- mittee finds that the location of the off - the driveway, 20 feet. site facility will adequately serve the use (e) Parking and loading space layout. for which it is intended, and if the appli- (1) Except for si le -family dwellings and cant submits a written agreement to the places of public assembly or worship, each city ensuring the continued availability of parking and loading space shall be paved. the off -site facility for parking use.. (2) Except for single-family dwellings, each (b) Parking space size. The minimum parking Parking or loa ing space shall open di - space shall be nine feet wide by 20 feet long; rectly onto a driveway that is not a public handicapped shall be as defined by state handicap street, and each parking space shall be code accessibility. designed to permit access without moving another vehicle (c) Loading space size. The minimum loading (3) Buildings, parkifig and loading areas, land - space shall be ten feet wide by 30 feet long, with scaping and open spaces shall be designed 14 feet vertical clearance. so that pedestrians moving between park- (d) Pat -king access driveway width. ing areas and buildings are not unreason- ably exposed to vehicular traffic hazards. (1) The single-family residence minimum (4) Paved pedestria walks shall be provided driveway width shall be at least eight along the lines of the most intense use, feet, particularly between building entrances (2) For all other uses, the minimum driveway to streets, parking areas, and adjacent width shall be: buildings. a. Parking spaces between 75 degrees (5) Loading facilitie shall be identified as to and 90 degrees angles to the drive- purpose and location evident. when not clearly way, 24 feet. (LDR 1998, § 460) Sec. 90-512. Space regulations. Off-street parking spaces are required as follows: (1) Residential Uses: Single or two-fainily dwelling 2 per dwelling Multiple -family 1 bedroom 1.75 per dwelling Multiple -family 2 bedrooms 2 per dwelling Multiple -family 3-4 bedrooms 2.25 per dwelling Mobile home park Adult/assisted living facilities 2.25 per dwelling per unit or bedroom I. per unit or bedroom (2) Conznzercial Uses: Shopping center, Retail store or service Furniture or appliance store 1 per 300 square feet f floor area Professional office, business office, ] per 500 square feet 1 per 300 square feet f floor area f floor Medical office Nursery, lumberyard 1 per 180 square feet area f floor area Restaurant, Nightclub 1 per 250 square feet 1 per 75 square feet of f floor area floor Barbershop, beauty shop 2 per service chair area 5upp. 1 u. 1 CD90:34 • ZONING j 90-512 Hotel, motel 1 per bedroom, plus 5 spaces, plus accessory uses Auto service, repair or wash 1 per 150 square feet of floor area Automobile sales 1 per 400 square feet of floor area (3) Entertainment and Recreation Uses: Private cl,6b 1 per Health flub ' 300 square feet of floor area I per Tennis, racquet or handball court 150 square feet of floor area, include pool 2 per Theater court, plus accessory uses 1 per Indoor recreation 3 seats, plus 5 spaces 1 per 200 square feet of floor area, plus acces- sory uses Golf driving range 1 per ee, plus accessory uses Golf course 6 per Marina ole, plus accessory uses 2 per boats slips, plus storage for trailers and boats (4) Institutional Uses: Government office, Courthouse or other public 1 per 400 square feet of floor area facilities Place of public assembly or worship 1 per 3 persons in main auditorium Hospital 1 per 1 bed Nursing home 1 per 4 beds, plus 1 for each employee at maximum Junior high school 3 per classroom shift Senior high school 1 per 6 students, plus 1 space per staff mem- ber College 1 per 3 students, plus 1 space per staff mem- ber Day care, preschool, nursery 1 per 5 students, plus 1 space per staff mem- ber In lieu of student parking, day care, preschool and nurseries pickup area. may provide an off-street dropoff and Required parking for government office, courthouse or of er public facilities shall be calculated using net usable floor space. Such net space shall be calculated by excluding from square footage computation such space as mechanical, service, atrium, lobby and storage spaces. The areas used or covered by furnishings, office equipment, partitions, or other items used within usable floor area shall not be excluded from such computation. Usa le floor area shall be considered net space, and would include those areas such as offices, waiting and assembly areas, courtrooms, conference rooms, jury rooms, restrooms, holding cells, and generally all space wherein people may meet or assemble to conduct the regular business of the facility. (5) Industrial Uses: Industrial, Warehouse 5upp. 10. 1 CD90:35 1 per 1,000 square feet of floor area up to 20,000 s luare feet, plus 1 per 2,000 square feet of floor area to 40,000 square feet, plus 1 per 4,000 square feet of floor are3L over 40,000 square feet • 90-512 OKEECHOBEE CODE (6) Use Not Specifically Listed: (LDR 1998, § 470; Ord. No. 815, § 1, 2-4-03) Parking spaces shal be the same as required f'or the most similar listed use. Sec. 90-513. Off-street loading space requirement regulations. Off-street loading spaces are r�iluired as follows: (1) Residential Uses: Multiple -family, ad-ult/assisted living facilities (2) Commercial and Industrial Uses: Commercial, industrial (3) Entertainment and Recreation Uses: Entertainment, recreation (4) Institutional and Other Specified Uses: Institution, government office, place of public assembly, hospital, hotel, motel (5) Use Not Speci.fieall_y Listed: (LDR 1998, § 480) Secs. 90-514-90-530. Reserved. DIVISION 4. LANDSCAPING Sec. 90-531. Generally. Landscaping and landscape buffers shall be indicated on a site plan and provided in accord with the regulations of this division. (LDR 1998, § 500 ) Sec. 90-532. Residential tree planting. The following are the nuinber of trees required in the enumerated residential districts: Supp.No, L 1 for 20 to 50 dwell'ng units, plus 1 for each additional 50 dwelli � units 1 for 5,000 to 25,OOD square feet floor area. plus 1 for 25,000 to 60,000 square feet floor area, plus 1 for 60,000 to 120,000 square feet floor area, plus 1 for 120,000 to 200, 00 square feet floor area, plus 1 for each additional 90,000 square feet floor area. Except that each restaurant, convenience store, and foodstore shall ave at least one loading space. 1 for 10,000 to 40,000 square feet floor area, plus 1 for each additional 60,000 square feet floor area 1 for 10,000 to 40,00C1 square feet floor area, plus 1 for each additional 60,000 square feet floor area Loading spaces shall be the same as required or the most similar listed use. Multiple-fainily one bedroom Multipie4zimily two to four bedrooms Mobile home park or subdi- vision Adult,' assisted living facili- ties, nursing home, (LDR 1998, § 501) CD90:36 two trees per dwelling three trees per dwelling two trees per dwelling one tree per two ❑nits, or bedrooms AGENDA IV. NEW BUSINESS. A. Rezoning Petition No. 04-010-R. Consider a recommendation to the Cit) Council to rezone the property located within the 200 Block of Northeast Park Street from Heavy Commercial (CHV) to Commercial Central Business Districi (CBD). The application was submitted by Christopher and Gail Newman. Vikki Aaron, is acting as agent on behalf of Mr. and Mrs. Newman and surrounding property owners Edward Appleton, President and CEO of First Bank of Indiantown; David and Rose Conlon; and John Whidden, owner of Whidden Enterprises, Inc. - Exhibit 1. November 23, 2004 - Planning Board - Page 2 of 5 ACTION - DISCUSSION VOTE Jim LaRue, City Planning Consultant. briefly described the Staff Report as follows: Planning Staff Report Summary: The applicants are requesting this rezoning in order to be relieved of some of the parking regulations required in the City's Land Development Regulations. The CBD Zoning District would give the applicants more flexibility in uses that could be accommodated by allowing alternative parking and less strict parking and loading standards (see Parking standards for the CBD Zoning District). The issue to be decided is whether this specific land area officially belongs within a CBD Zoning District. Planning Staff Report Analysis: (1) The existing uses have already met the Comprehensive Plan requirements. The applicants are not presently proposing to change any of the existing uses already on the property. A CBD Zoning District is certainly- consistent with the Comprehensive Plan as long as the CBD Zoning District characteristics are present at this site. (2) The applicants' request to rezone the property to the CBD Zoning District is appropriate under the Land Development Regulations. The existing uses are also allowed under this Zoning District and proposed uses would be allowed also. (3) The applicants' request should not have an adverse effect on the public interest. Traffic impacts will be minimal as long as adequate parking is available when people are conducting business at the commercial center. (4) The CBD Zoning district is appropriate for this location. The current businesses have already been considered compatible with adjacent land uses. These uses are not detrimental to urbanizing land use patterns. Ingress and egress to the subject property will remain the same. To lessen parking for the area. the applicant will still have the burden of showing how street parking or other parking alternatives can lessen the normal off-street. parking requirements. (5) The proposed use will not adversely affect property values or living property. (6) The conditions, or be a deterrent to the improvement or development of adjacent existing and proposed uses pose no impacts on the surrounding uses. Staff sees no need to impose buffering requirements upon the applicants as the adjacent property also shares the same CBD Zoning District. (7) The impact of the proposed district will not create a density pattern that �Nould overburden public facilities. (8) Staff does not anticipate any traffic, flooding, or drainage problems with the proposed zoning district. It still is the burden of the applicant to demonstrate why parking requirements should be lessened for this location. (9) The proposed use has not been inordinately burdened by unnecessary restrictions. In fact, the CBD Zoning District will be granting more flexibility to the applicants. (10) No special privileges will be granted to the applicants that are not already allowed under the Land Development Code's regulations. AGENDA IV. NEW BUSINESS. A. Rezoning Petition No. 04-010-R, continued. November 23, 2004 - Planning Board - Page 3 of 5 ACTION - DISCUSSION - VOTE Planning Staff Report Summary and Conclusion prior to Certification: The subject propem is designated Commercial on the adopted City of Okeechobee Future Land Use Map and the applicants' request is consistent with the Future Land Use designation. Planning Staff Report Recommendation: Based on the above Rezoning criteria being met. the request to rezone the parcel from CHV to CBD is recommended to be approved as it is consistent with the Comprehensive Plan and Land Development Regulations. John Cook. City Attorney, explained to the Board Members that when the City allowed the a Newmans to construct the building up to the sidewalk they were basically allowing them to develop the property as if it was located within a CBD zoning district. In turn. Attorney Cook concurs with the Planning Staff in recommending the zoning change from CHV to CBD. Board Member McCov questioned Mr. LaRue whether the rezoning would have an adverse affect on lots I and ?. Mr. LaRue explained that it would not really affect the property owners of lots I and , because the permitted uses within the CBD zoning district are close to the same permitted uses within the CHV zoning district. Property owner, Chris Newman. questioned the definition of Heavy Commercial. Mr. LaRue il district which allows more extensive use than the uses explained that Heavy Commercial is a reta allowed within the Central Business District. Suzanne Hoover, surrounding property owner, questioned Mr. LaRue regarding the proposed rezoning. Ms. Hoover questioned if the rezoning would eliminate the requirement for parking. Mr. LaRue explained that no, the rezoning would not eliminate the requirement for parking. He continued, the property owners could apply for a reduction of parking from the City Council. Ms. Hoover presented the Board 'Members with her concerns regarding the proposed rezoning Ms. Hoover lives in the North East comer of the Block, and has had problems since the buildin, was constructed. The building was built with a parking lot located behind it, the people are usin< arking lot. There have been parking problems since the the alley as the entrance and exit of that p AGENDA IV. NEW BUSINESS. A. Rezoning Petition No. 04-010-R, continued. November 23, 2004 - Planning Board - Page 4 of 5 ACTION DISCUSSION - VOTE building was constructed and a restaurant was permitted to open with no parking spaces. Once th restaurant opened the traffic and parking problems worsened. The City erected '`Parking for Residences Only' signs for her and her neighbor, however the patrons of the Newman's building neglected to obey them. Since the restaurant has closed the traffic and parking problems have diminished. Ms. Hoover explained that the Newman's are planning to add another restaurant which will again make the traffic and parking problems increase. Ms. Hoover continued by explaining that it was unfair that the building was allowed to be built, the City made an error and by continuing to make mistakes it will not make this a better situation. In April of 2003 the City Council approved a reduction of parking request, at that time the Council voiced concerns with the parking. In conclusion. Ms. Hoover explained that if this rezoning was approved it will cause harm to the residential home owners. If the rezoning is approved, she requested that the Hoover and Brown properties be rezoned as well. and that they still be permitted to live there. Attorney Cook explained that Ms. Hoover*s information was accurate. however commercial uses was rezoned. residential uses would not. He explained that would be permitted if the property although the concerns were valid. they did not grant denial. He agreed that the City should assist the home owners with their parking issues. Attorney Cook explained that the Land Development Regulation's do not permit alleys to be used as access to a commercial parking lot. Jim LaRue explained that the request for the zoning change does meet the required characteristics to be approved. Board Member McCoy questioned if the current uses are in compliance with the parkin_ regulations. Attorney Cook explained that the first use that requests approval from the Cite meets the requirements, then that business moves out and a new one moves in with a different use and thev can't meet the requirements. There was no further public comment. There was no further questions or concerns from the Board Members. November 23, 2004 - Planning Board - Page 5 of 5 AGENDA ACTION - DISCUSSION - VOTE IV. NEW BUSINESS. A. Rezoning Petition No. 04-010-R. continued. Board Member T. Keller motioned to recommend to City Council to approve Rezoning Petition 04-010-R based on Planning Staff s Recommendation; seconded by Board Member McCoy. VOTE JONES - YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA MCCov - YEA MAXWELL - YEA MOTION CARRIED. V. ADJOURNMENT - Chairperson. There being no further items on the agenda. Chairperson Ledferd adjourned the meeting at 7:4-5 p.m. PLEASE TAKE NOTICE AND BEAD VISED that if any person desires to appeal any decision made by the Planning Board with respect to any matter considered at this proceeding. such intere,ted person will need a record of the proceedings. and for such purpose may need to ensure a verbatim record of the proceedings is made. %Oich record includes the test mionv and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. William Ledferd, Chairperson ATTEST: • l,' tt-0 r c nCJ A4 N�_E - f 7,4-C n Eir, 1W IC5 �f C�c°c�1c� � , Fx, I TO: Mayor, City Council Members, Administrator Veach and Attorney Cook FROM: Lane Gamiotea, City Clerk SUBJECT: Research Request - Central Business District Rezoni gs and any items on the Newman Parcel located on Lots 3-6 of Block 153, City of Okee hobee Subdivision DATE: January 4, 2005 As requested, please note the following research: 1. Locations of rezoning changed TO CBD since 1978: ( Unplatted parcel directly behind Morgans Furnitt CBD, back parcel was rezoned from Industrial to CB © Lot 1 of Block 171 Visiting Nurses Association was 2. Locations of rezoning changed FROM CBD since 19713: O Lots 7-12 of Block 168 Palmdale Oil Company O Lots 8-12 of Block 170 Parrot Avenue Church and Flowers) rezoned to Light Commercial. 3. May 1, 1998 Board of Adjustments approved a varia Building for a reduction of the front set back from 20 Front parcel was already from RMF to CBD. to Heavy Commercial. lowship Hall (now Sybil's request for the Newman to 4 feet. 4. April 1, 2003 City Council approved a 20 percent parking requirement reduction for Perrine Cuisine, a restaurant wanting to locate within the Newman Building. The City Council also instructed Staff to investigate the residential parking concerns and to post 'Resident Parking Only' signs as necessary. Should you need anything further please do not hesitate to contact me. Thank You. • DEAR COUNCIL MEMBER: AS YOU KNOW WE ARE ASKING FOR A ZONINGI CHANGE FROM HEAVY COMMERCIAL (HCV) TO CENTRAL WE ARE WRITING THIS LETTER TO BETTER GREAT NEED FOR A CHANGE OF ZONING IN FIRST, WE WOULD LIKE TO POINT OUT THAT STRUCTURE ON THE BLOCK (153) IS NON CURRENT ZONING CLASSIFICATION. THIS POSES TO THE LANDOWNERS. ANY PROSPECTIVE ADVISED TO BUY PROPERTY THAT COULD NOT REQUIREMENTS, IN SHORT, NO SALE, PLEASE SEE THE RECOMMENDATIONS OF MR CONSULTING ENGINEER WHICH WERE AND ZONING BOARD AND APPROVED BY THEM AT THE CITY COUNCIL FOR READING. HIS FINDINGS WE MEET OR EXCEED ANY CBD ZONING REQUIF SIGNIFICANT IMPACT ON SURROUNDING BUSSINF IMPORTANTLY, NO SIGNIFICANT PARKING PROBI WE BELIEVE WE ARE IN THE SAME SITUATION AS PARK STREET ON THE WEST SIDE OF 441. WE HAVE INCLUDED LETTERS FROM TWO OF THE COMMITTEE THAT ACTUALLY WROTE THE ►S DISTRICT (CBD). IN WHY THERE IS A 153. EERY BUILDING ING UNDER THE :VERAL PROBLEMS WOULD BE ILL :T ZONING .RUE THE CITY TO THE PLANNING FORWARDED TO [tE OBVIOUS. KENTS. NO AND VERY WS TO THE AREA. 3RTH AND SOUTH HE MEMBERS OF STD DEVELOPMENT REGULATIONS. PLEASE NOTE THAT THEY DID NO CREATE CBD ZONING FOR JUST ONE AREA. IT WAS DESIGNED T HELP THE SMALL BUSINESSMAN WITH NO RESTRICTION AS TO LOCATION. WE WOULD ALSO LIKE TO POINT OUT THE CVS PHARMACY LOCATION IS ZONED CBD (NEXT TO BLOCK 153) NEARBY, THE VNA BUILDING ADJACENT TO CITY HALL IS ZONED CBI). WE WOULD LIKE TO SAY THAT A YES VOTE IS 43 OOD FOR BUSINESS NOT ONLY IN THIS BLOCK, BUT FOR FUTURE S L BUINESS IN THE CITY. WE REALIZE THAT SOME PARKING SITUATIONS MAY OCCUR - BUT NOTHING THAT CANNOT BE TOLLERATED AN ACCOMODATED BY THE PUBLIC. CASE IN POINT - SOUTH PARK STREET BUSINESSES. IF AND WHEN ALL PARKING SPACES IN FRONT OF ESE BUSINESSES ARE FULL, THE CUSTOMER SIMPLY GOES ELSEWHERE TO SHOP OR RETURNS AT A LATER TIME. WE BELIEVE THE PARKING SITUATION ON OUR BLOCK IS EXACTLY THE SAME. IF THERE IS NO PARKING AVAILABLE AT A SPECIFIC TIME THIS POSES A PROBLEM TO THE BUSINESSES NOT TO THE CITY. WE ARE SEEKING A PERMANENT SOLUTION TO OUR CURRENT ZONING AND PARKING PROBLEM, THAT WAS CREATED THROUGH NO FAULT OF OUR OWN. UPON ADVICE OF CITY STAFF THE CHANGE TO CBD SEEMS TO BE THE ONLY ANSWER. WE DON'T ELIEVE THE STATEMENT "OPENING PANDORA'S BOX" IS APPLICABLE OR PERTINANT. THERE WILL ALWAYS BE PARKING AND ZONING 0 PROBLEMS IN OUR CITY, AND THERE MUST BE SOME MEANS TO SOLVE THESE PROBLEMS. WE BELIEVE EACH CASE SHOULD BE ADDRESSED ON IT'S' OWN MERITS. LET EACH CASE GO THOUGH MR LARUE'S STUDY AND THEN PLANNING AND ZONING AS WE HAVE. PLEASE SEE THAT CBD ZONING WILL HAVE A $OSITIVE EFFECT ON SMALL BUSINESSES. IF WE DON'T HAVE SOME FLEXIBILITY TO REGULATIONS, HOW WILL SMALL BUSINESS S WE BELIEVE A CHANGE IN ZONING WILL PROFIT NOT ONLY THE PROPERTY OWNERS BUT THE CITY AS WELL BECAUSE OF INCREASED PROPERTY VALUES. THANK YOU FOR YOUR CONSIDERATION IN THIS MATTER, I AM SINCERELY YOURS, CHRIS W. NEWMAN '10 • - • -me a,� a�r� finer s.. Z9 � �,deartal wall,4 ¢i zea ,t,% Hazelliet & Prevatt Realty, Inc 1200 South Parrott Avenue Okeechobee, Florida 34974 Business (941) 763-2104 Fax (941) 763-6935 To Whom It May Concern: RE: City of Okeechobee Land Development Regulations As a former member of the committee that had wrote the regulations for the city, I have been asked my opinion as to the d district. December 27, 2004 development c)wn business I remember we used a map that included 441, North and outh Park Street. In my opinion it would include at least one full block in all directions. We referred to the overlay on the map as the Chevrolet emblem as it was approximately the same distance in all directions. If I can be of further assistance please feel free to call on id E 119 REIL`OR' Each Office Is Independently Owned And • 0 EXHIBIT 2 JANUARY 4, 2005 °1815` MEMORANDUM TO: Mayor Kirk and Council Members FROM: Lane Gamiotea, CIVIC, City Clerk�`rn� SUBJECT: OUA Board Appointments and Guidelines DATE: December 27, 2004 The City has received notification from the OUA regarding the expiration of terms of two board members, George Long and Frank Irby. I need direction from the Council as to whether you would like for me to advertise the positions; or contact these members and ask them whether or not they would consider to be reappointed. Mr. Long is a regular voting member. Mr. Irby was recently ppointed as an alternate to finish out the term left vacant by Mr. Oliver. Their terms expi a February 28, 2005. I would also like for the Council to consider approving som type of guidelines for filling vacancies on these various Citizen Boards. Several yeargo we had the Council set s these, however, over the years we have gotten away from t em. The guidelines previously adopted, which I recommend w vacancies were to be advertised at least three months prio current member would be contacted and asked whether tl- serve. All the information was then presented to the Council expiration. This worked very well, in that it offered the Cour anyone else was interested. Sometimes, current members o because they did not want to leave the board with vacancies for the Board of Adjustment, Land Planning Agency, Plan Board, Code Enforcement Board, City Appointed Pension Bo; OUA Board Members and any Citizens Board appointed hei Should you have any questions please do not hesitate to co Thank you. adopt again, were that all to the expiration date. The ;y would like to continue to the meeting just prior to the ;il the ability to see whether ly agreed to be reappointed These guidelines would be ling Board, Design Review rd Members, City Appointed me. • EXHIBIT 3 .IANUARY 4, 2005 ORDINANCE NO. 878 AN ORDINANCE OF THE CITY OF OKEECHOBEE, I ORDINANCE NO. 716, CODE OF ORDINANCE CHAPTER90, DIVISION NINE THEREOF, CENTRAL (CBD) ZONING CATEGORY, SET OUT IN SECTION 90-316 THEREOF; AND SECTION 90-485, REDUI SPACE REQUIREMENTS; PROVIDING FOR ELI ZONING CATEGORY FOR FUTURE LAND DEVELC CITY OF OKEECHOBEE; PROVIDING FOR PREP ZONING CATEGORY FOR EXISTING LANDS DE ZONING; PROVIDING FOR RESTRICTIONS TO ALL( FOR OFF-STREET PARKING IN EXISTING CBD; PROVIDING GUIDELINES TO GRANT EXCEPTION LOADING, SETBACKS, & IMPERVIOUS SURFACE ZONING DISTRICTS; PROVIDING FOR CONFLICT SEVERABILITY; PROVIDING FOR AN EFFECTIVE ORIDAAMENDING , PARTICULARLY USINESS DISTRICT 90-311 THROUGH 'ION OF PARKING INATION OF THE MENT WITHIN THE RVATION OF THE GNATED AS CBD VABLE DEVIATION INING DISTRICTS; TO PARKING AND OVERAGE IN CBD ; PROVIDING FOR kTE. WHEREAS, the City of Okeechobee, Florida has historically contained a downtown commercial business district, typically described as North and South Park streets, that were constructed and in use well prior to the existence of any zoning regulations in the City in Ordinance No. 271, and as re ised by Ordinance No. 402 in 1978; and WHEREAS, the downtown business district is characterized by street -front structures with no front or side setbacks, and virtually no off-street parking, which was recognized in Ordinance No. 402 by codification of Central Business District zoning category, with the stated intent being that the category was "...aspecial district designed to meet the needs of the central area of the City ... to mai tain a compact, viable and pleasing central business area..."; and WHEREAS the intent of the original ordinance was to apply the CBD zoning category to the existing central business area of the City, in re nt years the category has expanded outside of Park Street into other comm rcial areas of downtown Okeechobee, with the development of new commercia structures; and WHEREAS the City Council and staff are concerned tha- categories for new construction creates the opportuni significant reductions in off-street parking requirements that tend to cause congestion of traffic, inadequate pai parking in areas not intended for such use, and gene district that is incapable of meeting city codes and const and WHEREAS the City Council finds that it is to the benefit to 1 citizens within and without the City that visit commerck proper yet viable urban planning; to provide greater exceptions to CBD zoning requirements; to cause dev service and construction designed to plan and create coi meet the needs of the future, and be able to comply wit NOW, THEREFORE, it is ordained before the City Council i Florida; presented at a duly advertised public meeting; of the City Council; and properly executed by the N Presiding Officer for the City: Page 1 of 3 the use of CBD zoning for developers to obtain )r a commercial structure, .ing for customers, permit illy to create a business utes poor urban planning; ie City as a whole and to establishments to require ,tudy and supervision for lopment to meet a level of imercial structures that will all applicable City codes. the City of Okeechobee, id passed by majority vote ,or or designee, as Chief u That division 9, land development regul following respects: Sec. 90-311. Generally. (a) no change (b) no change (c) This zoning district shall be limited to those Okeechobee that are currently zoned as Centr, of December 31, 2004, or those parcels wh change application to CBD with the City as of (d) Any parcel zoned as Central Business Distri( or a parcel that has a pending zoning change December 31, 2004 which is hereafter granted, all requirements of Chapter 90, Division 9, c Nothing in this Ordinance will prevent a parcel z change to another commercial category, to the e code requirements applicable to that zoning dis Sec. 90-312 through 90-31 S, no change. Sec. 90-317. Exceptions. (a) Any parcel zoned as Central Business Distr City to obtain an exception to strict adherence zoning district. shall be amended in the )arcels of land in the City of Business District (CBD) as :h have a pending zoning aid date. as of December 31, 2004, application to CBD as of ,hall continue to adhere to as here after amended. ned CBD to seek a zoning ;tent the parcel meets City ct (CBD) may apply to the o the requirements of this (b) Any exception sought from CBD zoning requir ments shall be considered a variance, and heard by the board of adjustmen s, including parking space reductions. (c) The board of adjustments, in considering such a variance request, shall consider the requirements of section 70-374 herein, and the board shall also consider the guidelines of Section 90-485 herein, as to whether to grant such variances. (d) The board of adjustments shall also o commercial structures existing in CBD zoning d of this zoning category, so the board shall nc section 70-374 that the problem sought to be rei self-created, or that special circumstances exi: applicant. Sec. 90-485. Reduction of parking space districts. (a) In commercial, and public use zoning di: reduce the number of parking spaces if the tect that there is a surplus of on -street parking in proposed use that is not required for other us provided sufficient off-street parking by altern< limited to a parking garage, lease or license property owners within two blocks of the cc adequate parking lots immediately adjacent to Page 2 of 3 isider that many of the tricts predate the creation consider the elements in adied by the variance was due to the actions of the irements in commercial -ts, the City council may ;al review committee finds immediate vicinity of the or that the applicant has e means, such as but not parking with commercial nercial or public use, or proposed use. • (b) no change (c) In the CBD zoning category, any deviation in parking requirements shall be heard as a variance by the board of adjus ments, and the number of parking spaces shall not be reduced by more than 80 percent from that otherwise required in these regulations. Acceptable reasons for reducing the number of off-street parking spaces shall a so include demonstrating alternative means, such as but not limited to parking garage, lease or license for parking with commercial property owners within two blocks of the CBD use, or adequate parking lots immediately adjacent to the proposed use. (d) no change (e) no change INTRODUCED for first reading and set for final January 2005. James E. Ki ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Pu January 2005. ATTEST: Lane Gamiotea, City Clerk Reviewed for Legal Sufficiency: John R. Cook, City Attorney James E Page 3 of 3 hearing on this 41h day of Mayor is Hearing this 181h day of Mayor u EXHIBIT 4 AGREEMENT OKEECHOBEE COUNTY, FLORIDA AND CITY OF OkEECHOBEE, FLORIDA THIS AGREEMENT, entered into this day 2004, by and between the CITY OF O EECHOBEE, hereafter OKEECHOBEE COUNTY, a political subdivision of the Stal referred to as "COUNTY". WHEREAS, the City of Okeecml obee is a municipal core I the laws of the State of Florida, and WHEREAS, the CITY seeks to'apply for HOME AGAR disaster home repairs for low to moderate income citizens of and WHEREAS, the CITY seeks tol apply for HOME AGAIN housing rehabilitation, and WHEREAS, Okeechobee County, Florida, a political si Florida in which the CITY resides, has a mutual interest in succ WHEREAS, the CITY and COUNTY are in critical nee repairs in (and adjacent to) the CITY limits, and WHEREAS, this Agreement is necessary to fulfill the rei HOME AGAIN Application and any other grants that the CITY i disaster home repairs within the CITY limits, and WHEREAS, Florida Statute 125.0101 and Florida authorize the COUNTY and CITY !to enter into such agreement for provision of the services contemplated by this of JANUARY 4, 2005 to as "CITY", and of Florida, hereinafter organized under funding to address post City of Okeechobee, for post -disaster bdivision of the state of of the project; and of post -disaster home of the CITY'S seek to fund post - 180.02 respectively, an I inter -local government and • WHEREAS, no service area or other jurisdictional authority changes or related responsibilities have been approved by this Agreement, and WHEREAS, the CITY and the COUNTY do hereby agree that the COUNTY has certain resources that the CITY does n ot have in administering projects that are a priority for the community at large and working together would increase the benefit and success of such needed post -disaster repairs so long as the CITY Council approves all actions requiring authorization on their behalf and all HOME AGAIN rogram requirements are fulfilled. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 1. Subject to the terms of this Agreement, the CITY and COUNTY agree that the COUNTY shall seek, admin'�Ster, and inspect on be ialf of the CITY a post - disaster home repair program and a y other appropriate ho a repair grant sources (SHIP) necessary to complete the ipproved HOME AGAIN project for the 2004-05 Fiscal Funding Year, and as such sh 11 have responsibility for ay -to -day administrative requirements of the program, including but not limited to procurement, payment of invoices, and request for funds approval and submission.. 2. The CITY shall be the applicant for this project, and the CITY'S policies I and procedures shall govern in matte rws related to this grant. 3. The CITY, upon final grant closeout, shall ensu that the operation and maintenance of all proposed water, sl'wer, and similar facilities Okeechobee Utility Authority. 4. The COUNTY authorized staff shall review and i of the project plans and specifications prior to bidding. The Cl also review and provide written approval of the project plans a bidding. be assumed by the vide written approval authorized staff shall specifications prior to • 5. The CITY agrees to sign applicable forms, letter of commitment, award agreement, environmental and shall authorize by Council Enabling Resolution no less to sign administrative forms and similar documents required its duties on behalf of the CITY. 6. The cost of administering or inspecting the grants obtained and managed under ;this agreement shall nc administration costs except where approved by both parties in but not limited to, the , and closeout package 3 CITY officials or staff the COUNTY to perform AGAIN and other exceed allowable grant a 7. The HOME AGAIN funds and any other gr nt funds obtained and administered under this agreement shall be managed through reimbursement, as most grants require reimbursement of cost after expenditure, ai closely with the CITY to set up accounts and procedures to funds from grant agencies on the CITY'S behalf. 8. This Agreement shall be construed solely to no third person, corporation, or other 19al entity shall ever to enforce the terms hereof. 9. This Agreement can be amended, only by writing, and no employees or agent has the authority to waive terms and conditions of this Agreement without specific writ parties hereto subject to HOME AGAIN program conditions. 10. This Agreement shall become effective when and COUNTY and shall run until such time as the closeout is the appropriate agency for all program ;successfully obtained ai 05 FFY. Upon the expiration of the -term of this Agreement being declared void or unenforceable, any service being the COUNTY will work timely request for the parties hereto and the right to bring action of both parties in otherwise amend the authorization of the both by the CITY nitted and approved by managed for the 2004- upon this Agreement ly provided pursuant to • the terms of this Agreement shall continue unless otherwise mutually agreed between the parties. 11. CITY and COUNTY mutually represent that authority to enter into this Agreement, In WITNESS WHEREOF the parties have hereunto set date above written. Attest: i c Lane Gamiotek- Pty Clerk City of Okeechobee Attest: Sharon Robertson, Clerk of Courts Okeechobee County CITY OF OI A Municipal By: have the respective hands and seals this °CITY" ;HOBEE, FLORIDA Mayor "COUNTY" OKEECHOBEE COUNTY, A Political Subdivision of the State of Florida By: John W. Abne Okeechobee Commissioner Sr., Chairman ,ounty Board of County CITY OF OKEEC14OBEE MEMORANDUM TO: Mayor and City Council DATE: December 9, 2004 SUBJECT: Status Report FROM: Bill L. Vea h, City Administrator Below is a brief summary of past and upcoming events. DEPARTMENT SYNO SIS ADMINISTRATION Hurricane Related Issues — Post hurricane cleanup continues and will for several AND GENERAL weeks. Staff is working closely with the CAS group in identifying damages and SERVICES submitting proper forms necessary for FEMA reimbursement. A new roof has been .—+-11^A -- tU- TT_17 _ _ __ _ _ t it . rt .. - - . - - _ _ at the City Barn and a new roof is scheduled to be installed. Debris pickup is now back in the hands of Waste Management. Industrial Park — Construction has resur ied in the industrial park. Vertical construction has begun on the Meyers facili . We have requested an 8-week time extension from EDA, as a result of storm caus delays. As I reported last month, the Mayor and I have been in preliminary discus ion with a potential developer for the remainder of the Commerce Center. However, these discussions are on hold until grant related issues are clearly defined. Entities who have handled similar transactions inappropriately in other communities have, on occasion, been ordered to repay the grant money. Downtown Streetscape Project — The first pt ase of work in the downtown parks has been completed with the exception of a few n inor follow-up punch list items. Phase Two should begin following the holidays, witt completion before the Speckled Perch Festival. At the last City Council meeting, Nancy Phillip storefronts related to the Downtown Project. were still making color selections. The only i selection process is with the tire store. They M black trim. Nancy and Oscar feel the colors w< area nor with the project as outlined. She has before conducting additional discussions with and Stephan Claren presented plans for You will recall, a couple of businesses sue that seems to have arisen with this iuld like to paint their building red with ild not be appropriate in the downtown ,ked me for feedback from each of you, ie building owners. DEPARTMENT SYNO IS ADMINISTRATION Ultimately, the City Council (and the building owner) must approve the color selections. AND GENERAL If there is sentiment at this time from the Council that the colors may not be appropriate, SERVICES further discussions will be conducted before bringing an official proposal to the City CONTINUED Council in late January. Impact Fees — We will have a joint workshop with the County on December 30t` at 2:00 p.m. OUA — As directed by the City Council, I Fortner and the OUA Board related to the i meeting. I have received no response. sent written communication to L.C. CAS raised at our last City Council Florida Power and Light — Attorney Cook and I met with representatives of FPL to discuss their Franchise Agreement, which will expire next year. We will be working together after the holidays to develop a new contract, which should come before the City Council early next year. PUBLIC WORKS Public Works has, for the most part, eturned to their regular routine. CODE Attorney Cook has prepared the documents related to foreclosure on the Brantley ENFORCEMENT property. He also included a nuisance abateme at element to the proceedings, which should enable the City to deal with the ongoing and growing problem while the foreclosure is being pursued. The Code Board as approved this approach. FINANCE POLICE DEPARTMENT Our audit for this past year has begun. Lola is working closely with the auditors regarding the implementation of GASB 34. Final preparations are underway related to the the new fleet. As of the writing of this report, Chief Davis is in chest pains. of this year's cars and the arrival of hospital undergoing tests related to 0� DEPARTMENT i SYNO FIRE Planning is underway related to the construction of a freestanding (no supporting DEPARTMENT tension wires) tower. CITY ATTORNEY GRIT — John Cook has recently unsuccess y attempted to initiate contact with potential re -insurance providers. He has notified GRIT' s attorney that there has been no response from the re -insurance contact they provided. As part of the terms of the settlement with GRIT, they must provide us with viable re -insurance contact information. The following are additional items I have 1. Advise on Sneider lawsuit 2. Schedule Raulerson hearing 3. Move forward with Brantley foreclose 4. Review FPL contract for follow up mi 5. Annexation issue 6. Adelphia Contract 7. Advise on annexation conclave issue 8. Hamrick Trust — John is in discussion 9. LDR issues, such as conversion of for 10. Address inequities of CBD site reguli CBD 11. Various LDR issues, including the cor curb and guttering issues Attorney Cook to address. and related lawsuit Blue Heron ith the County Attorney on this matter er residential structures to commercial ions and new development within the of site -work and sidewalk, 3 Notes for the January 4, 2005 City Council Meeting Warrant Register The General Fund returned to more normal expenditures Industrial Development Fund payments again reflect hea: in the Commerce Center. Public Hearing A. Final reading of Ordinance 877, which would ch Newman property from Heavy Commercial to Co This would allow for a significant reduction in p, LDR requirements in a Heavy Commercial zone. complex issue with possible significant future rai Board and Mr. LaRue recommend approval, hove November. The construction activity nge the zoning for the nff ercial Business District. -ki g, setback and other As you know, this is a ifi ations. The Planning related to CBD occurred at the most recent Planning week. New Business A. Swearing in of elected officials. B. Election of a Mayor by the City Council C. Appointments to various Boards D. Discussion related to OUA Board appointments. E. First Reading of a proposed Ordinance 878, which -A Planning Board. The Ordinance basically includes: the CBD zone. 2. Making more stringent site requir construction within the zone as opposed to those for 3. Any requested exceptions to the CBD requirement retention, etc) would be considered a variance and w Board of Adjustments. F. Following last week's workshop, the City Council how we should proceed with Impact Fees. G. Since our last City Council meeting, potential fundii on a first come first serve basis, through the "Home assistance with post -disaster housing rehabilitation. County to proceed with an application which includ( distributed through the Counties), Mayor Kirk sign, just prior to the Holidays. The City Council must ra , extensive discussions 3oard meeting, last > recommended by the No future expansion of nents for new ,isting structures/sites. (parking, setbacks, zld be heard by the to take action on is being made available kgain" program, for n order to enable the c the City (all funds are an Interlocal Agreement fy this Agreement for it • to become official. (Note — ultimately, the requirement of the funding program) Added Item — Donnie Robertson may add a request for 2 of the downtown area. may not be a final parking in a portion 7HF LOIN,' OF GOD" (fainting) By: Nicholas The name of this painting is THE. LOVE OF GOD and the fore- going is a narrative statement in reference thereto - At one time the SPIRIT OF GOD dwelled with th Children of Israel. GOD had commanded Moses, after HE brot ght the Israel- ites out of Eygpt, to build an ARC' OF THE COVEP IANT that HE made with the Children of Israel. Within the ARC was placed the BOOK OF LAWS , which was written by Moses as G 01) command- ed. GOD also commanded Moses to build a MERCY SEAT, to be placed above the ARC OF THE COVENANT, where he SPIRIT OF GOD would dwell. The Children of Israel, under the direction c►fi M mes, built the ARC and MERCY SEAT and they covered therm with pure Gold. Thus, the Are and Mercy Seat in this painting are Gold. The rays proceeding from the Mercy Seat represent the radiance of the of the Spirit of GOD. When the Are and Mercy Seat were finished, a' bernaele was built to house them, and GOD commanded the Chil iren of Israel that they should not wander or travel when the CLOUD OF GOD abode thereon. When the Cloud lifted from above he Tabernacle the Children of Israel continued their journey. TI e Cloud of the Lord was upon the Tabernacle by day, and Fl E was on it by night, in the sight, of all the house of Israel, throu hout all their journey. Thus, the Cloud and Fire above the Are d Mercy Seat in this painting, is to signify that they, are perm rent, and will abide above the Are and Mercy Seat Forever and t e Children of Israel will WANDER NO MORE! As time past, through many wars, the Israelite • LOST the Are of the Covenant of GOD and the Mercy Seat where n the Spirit of GOD dwelled. Although the Are and Mercy Seat re lost, yet we have a way to carry within us, each and every Chi d of GOD, the LOVE OF GOD. I will give you an example, and although it is an example, it is a fact. The example is this poem: There is a Box, And within the Box is something you s But there is a Lock upon the Box, And you do not have the Key. Within the Box is the LOVE OF GC The Lock upon the Box is you! The Key to the Lock upon the Be Is the WORD OF GOD! Take this Key and open the Lock upon t1h e Box And get the LIVE OF GOD that you seek, And the Lock will NEVER HE LOCKED A ;AIN, Because it is YOU WHO HAVE THE K V! Copyrighd-Niehola-i 976-2001 A ' National Bank A HOMETOWN BANKNGTRADMON December 20, 2004 Okeechobee City Clerks 55 SE 3rd Avenue Okeechobee, FL 34974 Dear Customer: Big Lake National Bank would like to wish you a Happy Holiday and Season's Greetings. As you recall each year at this time, we have delivered fresh corn for you and your employees. With the arrival of Charley, Frances Ivan, and Jeanne, all within a 45-day period, the landscape in our communities has certainly changed. As a result, we at Big Lake National Bank feel, and hope that y u do also, that a more appropriate action on our part is to forego the corn this year and make a donation in the amount of $5,000.00 to the Red Cross for their efforts in the devastation that took place in our communities. Again, Big Lake National Bank and all of our employees, officers, and directors wish you happy holidays and we look forward to serving yot r banking needs in the future. Any assistance that we can provide to you from our banking family, please do not hesitate to call on us. JJoeS' cerely, G. Mullins President & CEO JGM/epc ARCADIA, FL 34266 1 601 E. OAK ST. (863) 491 -4100 CLEWISTON, FL 33440 300 S. BERNER RD. (863) 983-91 13 Member FDIC #BLNB-0004 LABELLE, FL 33935 MOORE HAVEN, FL 33471 OKEECHOBEE, 17 N. LEE ST. US HWY. 27 & 6TH ST. TREASURE (863) 675-2300 (863) 946-2900 3182 HWY. (863) 46, LAKE PLACID, FL 33852 OKEECHOBEE, FL 34974 OKEECHOBEE, 199 US 27 NORTH 1409 S. PARROTT AVE, 500 N. PARF (863) 465-4834 (863) 467-4663 (863) 46 , WWW. BIGLAKENATIONALBANK.COM Ct, 34974 PORT ST. LUCIE, FL 34986 AND 1352 SW ST. LUCIE WEST BLVD. 1 SE (772) 878-7778 132 34972 WAUCHULA, FL 33873 f AVE. 202 N. 6TH AVE. 130 (863) 773-4141 Page 1 of 1 Bill Veach From: "Bill Veach" <bveach@cityofokeechobee.com> To: "Williams, Lydia" <williams@destinyreef.net>; "Mayor Kirk" <ji Noel" <captchandler2002@yahoo.com>; "Markham, Lowry" < "Watford, Dowling"<dowlingwatford@okeechobeeford.com>; <cayton@bergerrealestate. com > Sent: Tuesday, December 28, 2004 10:14 AM Subject: Color Schemes for tire store in Downtown project At the last City Council meeting, Nancy Phillips and Stephan Claren pr related to the Downtown Project. You will recall, a couple of business( selections. The only issue that seems to have arisen with this selection They would like to paint their building red with black trim. Nancy and be appropriate in the downtown area nor with the project as outlined. c from each of you, before conducting additional discussions with the bu Ultimately, the City Council (and the building owner) must approve thl sentiment at this time from the Council that the colors may not be appr be conducted before bringing an official proposal to the City Council 11 Please let me know you thoughts. Bill V. ),adelphia.net>; "Chandler, arkham @earthlink. net>; ns, Clayton" ented plans for storefronts were still making color ocess is with the tire store. scar feel the colors would not has asked me for feedback owners. color selections. If there is priate, further discussions will late January. 12/28/2004 9 0 -T cat_r''f LL City of Okeed i s b c. December 15, 2004 1, C. Fortner Executive Director Okeechobee Utility Authority 100 SW 5a' Avenue Okeechobee, FL 34974 Dear Mr. Fortner: c� I am writing at the directive of the Okeechobee City Council. At last week's City Council meeting, representatives from Craig A. Smith & Associates presented inlbrmation that necessitated over $66,000 in additional funding in order to complete the cm -rent work underway in the City's new Commerce ('enter. You may recall, the Okeechobee Utility Authority is a co -applicant for federal grant dollars for this project. It was reported by CAS that a significant additional cost for the project, $33,750, was directly related to an OUA decision requiring additional pipi ig joint restraints on pipe that had already been installed. It was also reported that specifications for this infrastructure had previously been reviewed and approved by tti OUA. The City Council was extremely disappointed at hearing this nformation. Of particular concern is,the fact that the City, in an effort to display a strong spirit of cooperation with the Utility, has recently made a top priority of legislative funding efforts for the current sewer capacity crisis. It is the City_ Council's opinion that. as has happened in the past, the OUA is again asking for assistance with their issues but t king every opportunity to become a costly roadblock when faced with an opportunity to exhibit cooperation with the City. 55 S.E. Third Avenue - Okeechobee, Florida 34974-2903 - (863) 1(0 ;372 - Fax: (863) 763 lOX0 0 • Page 2 December 15, 2004 it Is truly the desire of the Okeechobee City Council to be hat-tner with the OUA. Currently, management decisions of tl dillicult Sincerely, Bill L. Veach City Administrator cc: James E. Kirk, Mayor Members of the Okeechobee City Council Member of the Okeechobee Utility Authority Board of ne a genuine working Utility are making that