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2005-03-01 Regular MeetingCITY OF OKEECHOBEE MARCH 1, 2005 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 10F 16 .. m. . AGENDA COUNCIL i4CT1ON - DISCUSSI : ON -VOTE ` I� I. CALL TO ORDER - Mayor: March 1, 2005 Regular City Council Meeting, 6:00 p.m. Mayor Kirk called the March 1, 2005 Regular City Council Meeting to order at 6:00 p.m. II. OPENING CEREMONIES: Invocation by Pastor Randy Huckabee, First Baptist Church; The Invocation was offered by Pastor Huckabee of the Okeechobee First Baptist Church; Pledge of Allegiance led by Mayor. The Pledge of Allegiance was led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. City Clerk Gamiotea called the roll: Mayor James E. Kirk Present Council Member Noel A. Chandler Present Council Member Lowry Markham Present Council Member Dowling R. Watford, Jr. Present Council Member Lydia Jean Williams Present City Attomey/Interim City Administrator John R. Cook Present City Clerk Lane Gamiotea Present Deputy Clerk Melisa Eddings Present IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the February 15, 2005 Regular Meeting. February 15, 2005 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. 1 1 MARCH 1, 2005 - REGULAR MEETING - PAGE 2 OF 16 193 1 V. WARRANT REGISTER - City Administrator. A. Motion to approve the January 2005 Warrant Registers: General Fund ........................... $359,932.25 Industrial Development Fund ............... $172,975.32 CDBG Grant Fund ........................ $32,571.94 Public Facility Improvement Fund .............. $1,100.04 VI. AGENDA - Mayor. COUNCIL ACTION - DISCUSSION - VOTE Council Member Watford moved to approve the January 2005 Warrant Register in the amounts: General Fund, three hundred fifty-nine thousand, nine hundred thirty-two dollars and twenty-five cents ($359,932.25); Industrial Development Fund, one hundred seventy-two thousand, nine hundred seventy-five dollars and thirty-two cents ($172,975.32); Community Development Block Grant (CDBG) Fund, thirty-two thousand, five hundred seventy-one dollars and ninety-four cents ($32,571.94); Public Facility Improvement Fund, one thousand, one hundred dollars and four cents ($1,100.04); seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any additions, deferrals, or withdrawals of items on today's agenda, New agenda. Business Item "F" was moved to Public Hearing Item "F" with a revised Exhibit 11, which was distributed at the beginning of the meeting. New Business Item "F" was added to hear a presentation from Robert Meyer, Olde Tyme Construction. PLAT ADOPTION AT 6:06 P.M. A. 1. a) Motion to read by title only proposed Ordinance No. 879, closing the Council Member Watford moved to read by title only, proposed Ordinance No. 879, closing the alleyways in Block 123, alleyways in Block 123, City of Okeechobee, as requested by Chris City of Okeechobee, as requested by Chris Close, Application No. 73; seconded by Council Member Markham. Close, Application No. 73 - City Attorney (Exhibit 1). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER -YEA MARKHAM-YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. 194 MARCH 1, 2005 - REGULAR MEETING - PAGE 3 OF 16 VII. PUBLIC HEARING FOR ORDINANCE AND FINAL PLAT ADOPTION CONTINUED. A.1. c) City Attorney to read proposed Ordinance No. 879 by title only. Attorney Cook read proposed Ordinance No. 879 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 123, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; RETAININGA RIGHT OFREVERSION, AND DIRECTING THE CITYCLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 879. Council Member Markham moved to adopt proposed Ordinance No. 879; seconded by Council Member Chandler. b) Public comments and discussion. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Clerk Gamiotea reported by memorandum in Exhibit One, all fee's have been paid. The public hearing regarding the adoption of the proposed ordinance was advertised in the Okeechobee News on February 18. The easements which were required by Sprint and the Okeechobee Utility Authority were appropriately addressed. The right of reversion clause has been added. The reversion states, should the proposed project not receive a Certificate of Occupancy within twenty-four months after March1, 2005 the ordinance is null and void. Letters were mailed to surrounding property owners, with no response to date. Council Member Watford asked whether the easements were going to be relocated? Clerk Gamiotea answered no, the easements were remaining in the alleyways, they would be paved or landscaped over. He also noted, these are "T" alleyways. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. B.1. a) Motion to read by title only proposed Ordinance No. 880, pertaining Council Member Watford moved to read by title only, proposed Ordinance No. 880, pertaining to the Florida Power to the Florida Power and Light Franchise Agreement - City Attorney and Light Franchise Agreement; seconded by Council Member Williams. (Exhibit 2). MARCH 1, 2005 - REGULAR MEETING - PAGE 4 OF 16 195 c) City Attorney to read proposed Ordinance No. 880 by title only. 2. a) Motion to adopt proposed Ordinance No. 880. b) Public comments and discussion. c) Vote on motion. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 880 by title only as follows: "AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, IMPOSING PROVISIONSAND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHL YPA YMENTS TO THE CITY OF OKEECHOBEE, AND PROVIDING FOR AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 880; seconded by Council Member Chandler. Mayor Kirk asked whether there were any questions or comments from the public. There were none. There was a lengthy discussion regarding Section 6 of the proposed ordinance which prohibits the City from forming a municipality electrical company and serving the City with electricity. Council Member Watford did not want it to remain as it was proposed, since in light of the way deregulation has made the purchase of electricity simpler than it like the fact that it takes a right a way from the City, but he would not vote against it should it remain in the ordinance. Mr. Jay Molyneaux of Florida Power and Light Company was present to address the Council's concerns. He added, it was a right the City was paid to give up and should they propose amending it, FPL would want to significantly reduce the franchise fee percentage which is paid to the City. aeluz KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - NO L. WILLIAMS - YEA MOTION CARRIED. 196 MARCH 1, 2005 - REGULAR MEETING - PAGE 5 OF 16 AGENDA COUNCIL ACTION DISCUSSION -VOTE VII. PUBLIC HEARING FOR ORDINANCE AND FINAL PLAT ADOPTION CONTINUED. C.1. a) Motion to read by title only proposed Ordinance No. 881, regarding Council Member Watford moved to read by title only, proposed Ordinance No. 881, regarding Future Land Use Map Future Land Use Map Amendment No. 05-001-SSA, submitted by Amendment No. 05-001-SSA, submitted by Rob Willson on behalf of the property owner, CR Investments of Rob Willson on behalf of the property owner, CR Investments of Okeechobee; seconded by Council Member Williams. Okeechobee - Planning Consultant (Exhibit 3). 11 b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attomey to read proposed Ordinance No. 881 by title only. Attorney Cook read proposed Ordinance No. 881 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITYOF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLYDESCRIBED HEREIN FROM SINGLE MULT►-FAMILY; PROVIDING FORINCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FOR AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 881; seconded by Council Member Williams. b) Public comments and discussion. Proposed Ordinance No. 881 pertains to Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 05-001-SSA which was submitted by D.R. (Rob) Willson on behalf of the property owners, CR Investments of Okeechobee. The request is to change the land use designation on Lots 14 to 16 of Block 19, CITY OF OKEECHOBEE, from Single Family to Multi -Family. The amendment would make both the zoning and land use maps consistent since the current zoning is Residential Multiple Family. The subject property is vacant and located at the corner of Northwest Td Avenue and 12" Street. Clerk Gamiotea reported by memorandum contained in Exhibit Three, all fee's have been paid. The ordinance was advertised in the February 18 Okeechobee News. The Planning Staff found the application to be consistent with the Comprehensive Plan and has recommended approval. The Land Planning Agency discussed the application at their February 22, 2005 meeting and are recommending approval. Due to this being a small scale (less than ten acres) amendment, notices were not mailed to the surrounding property owners, nor was a sign posted on the property. 1 1 MARCH 1, 2005 - REGULAR MEETING - PAGE 6 OF 16197 1 AGENDA - COUNCIL ACTION -DISCUSSION -VOTE VII. PUBLIC HEARING FOR ORDINANCE AND FINAL PLAT ADOPTION CONTINUED. C. 2. b) Public comments and discussion continued. Mayor Kirk asked whether there were any questions or comments from the public. There were none. City Planning Consultant, Mr. Jim LaRue of LaRue Planning and Management Services, was in attendance and presented the Planning Staff Report Summary of Application. The Planning Staff Report Findings, are contained in Exhibit Three are as follows: (A) Based on the application, it would appear the proposed use (duplex) is consistent with Objective 2 and its corresponding policies in the Future Land Element. In addition, the proposed Multi -Family designation would create consistency with the RMF zoning district for this property. (B) Public water and sewer are available to the property. Any other concurrency issues will be addressed when the applicant applies for a site plan review. (C) The change from Single Family to Multi Family will not create an incompatible use with the surrounding neighborhood. The subject property's close location to other property zoned for multi -family uses create compatibility with the exiting land uses. Also, the southwestern portion of this block is in the Commercial Future Land category. (D) The proposed future land use amendment is in compliance with the specific standards of the Comprehensive Plan. There was a lengthly discussion held between the Council and Mr. LaRue. Council Member Markham noted, even though the zoning designation for this area was multiple family, the existing uses were mainly single family dwellings and allowing this map change would permit the only duplex on this street. He strongly cautioned the Council of making this change since it would create a spot zoning situation. The area is very transitional with some commercial uses in the block. The Council concluded the current characteristics of the neighborhood needs to be considered. Since it was a small scale amendment, no letters were sent to surrounding property owners. Mr. LaRue offered, Planning Staff rovide additional research on the area. Council Member Watford move to table the adoption of proposed Ordinance No. 881 until March 15, 2005: seconded by Council Member Markham. c) Vote on motion. III VOTE ON MOTION TO TABLE KIRK -YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA 11 MOTION CARRIED. • MARCH 1, 2005 - REGULAR MEETING - PAGE 7 OF 16 VII. PUBLIC HEARING FOR ORDINANCE AND FINAL PLAT ADOPTION CONTINUED. D.1. a) Motion to read by title only proposed Ordinance No. 882, regarding Future Land Use Map Amendment No. 05-002-SSA, submitted by property owners David and Anita Nunez - Planning Consultant (Exhibit 4). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 882 by title only 2. a) Motion to adopt proposed Ordinance No. 882. b) Public comments and discussion. ire DISCUSSIONS -VOTE Council Member Watford moved to read by title only, proposed Ordinance No. 882, regarding Future Land Use Map Amendment No. 05-002-SSA, submitted by property owners David and Anita Nunez; seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 882 by title only as follows: "AN ORDINANCE OF THE CITY OF! OKEECHOBEE, FLORIDAAMENDING THE CITYOFOKEECHOBEE COMPREHENSIVEPLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLYDESCRIBED HEREIN FROM SINGLE FAMILYTO COMMERCIAL; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 1u Council Member Chandler moved to adopt proposed Ordinance No. 882; seconded by Council Member Watford. Proposed Ordinance No. 882 pertains to Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 05-002-SSA which was submitted by property owners, David and Anita Nunez. The request is to change the land use designation on Lots 1 to 2 of Block 78, CITY OF OKEECHOBEE, from Single Family to Commercial. A rezoning application is to follow requesting Commercial Professional Office zoning. The subject property is vacant and located at the corner of Northeast 3`d Avenue and 7`h Street. Clerk Gamiotea reported by memorandum contained in Exhibit Four, all fee's have been paid. The ordinance was advertised in the February 18 Okeechobee News. The Planning Staff found the application to be consistent with the Comprehensive Plan and has recommended approval. The Land Planning Agency discussed the application at their February 22, 2005 meeting and are recommending approval. Due to this being a small scale (less than ten acres; amendment, notices were not mailed to the surrounding property owners, nor was a sign posted on the property. 1 IJ MARCH 1, 2005 - REGULAR MEETING - PAGE 8 OF 16 199 1 AGE VII. PUBLIC HEARING FOR ORDINANCE AND FINAL PLAT ADOPTION CONTINUED. D. 2. b) Public comments and discussion continued. COUNCIL ACTION DISCUSSION - VOTE Mayor Kirk asked whether there were any questions or comments from the public. There were none. City Planning Consultant, Mr. LaRue presented the Planning Staff Report Summary of Application and explained the property is under contract for sale to the Big Lake Baptist Association. In a letter from the association, the pastor states the office will serve as the headquarters of all the cooperating Southern Baptist Churches around Lake Okeechobee. The properties North of this block are in the Industrial future land use category and some of Block 78 has recently been re -designated as commercial. The application originally requested Light Commercial, however after review by Planning Staff, the applicant agreed to change the request to Commercial Professional Office. The Planning Staff Report Findings, contained in Exhibit Four, are as follows: (A) Based on the application, it would appear the restricted commercial future land use is consistent with Objective 2 and its corresponding policies in the Future Land Use Element. (B) Public water and sewer are available to the property. Any other concurrency issues will be addressed when the applicant applies for a site plan review. (C) The requested future land use designation will be compatible with adjacent land use categories if the zoning is restricted to CPO. The proposed use will be consistent as the neighborhood is slowly transitioning to incorporate light commercial uses as evidenced by recent land use and zoning changes on two lots at the Southwest corner of this block. (D) The proposed future land use amendment is in compliance with the specific standards of the Comprehensive Plan. There was a brief discussion regarding the transition of this area and how all these areas within a block of North Parrott Avenue are being requested to change to commercial faster than was originally projected. Pastor Huckabee was present to address any questions the Council may have regarding the proposed building. He also stated the sale was c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. 200 MARCH 1, 2005 - REGULAR MEETING - PAGE 9 OF 16 :AGENDA COUNCIL ACTION - DISCUSSION - VOTE VII. PUBLIC HEARING FOR ORDINANCE AND FINAL PLAT ADOPTION CONTINUED. E.1. a) Motion to accept the Dedication and approve the Final Plat of Taylor Council Member Watford moved to accept the Dedication and approve the Final Plat of Taylor Creek Estates; Creek Estates - City Attorney (Exhibit 5). 111 seconded by Council Member Chandler. b) Public comments and discussion. c) Vote on motion. ITEM MOVED FROM NEW BUSINESS: Motion to read by title only, proposed Emergency Ordinance No. 886 correcting a scriveners error in the legal description of adopted Ordinance No. 862 - City Attorney (Exhibit 11). The matter before the City Council is to accept the Dedication and Final Plat of Taylor Creek Estates. This block was originally Lots L and K of Block 252, Replat of Block 252 Subdivision. The property owner is Gary Eubanks. The applicant is Close Construction, Inc. Engineer for the project is Kennedy, Lynch and Associates. The physical location of the property is situated between Southeast 2nd and 3' Streets, and Southeast 5th and 6" Avenues. The objective is to subdivide the existing two lots into a total of six lots and build a single family residence on each lot. The proposed homes will be built based on three bedrooms, two bath models which are concrete block type structures. The project will be connected to the Okeechobee Utility Authority water and wastewater system. The project was reviewed and recommended for approval by the Technical Review Committee on September 22, 2004. The Preliminary Plat was approved without any conditions or stipulations by the City Council on January 18, 2005. The project was advertised as required. Notices were mailed to surrounding property owners, with no response to date. Mayor Kirk asked whether there were any questions or comments from the public. There were none. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to read by title only, proposed Emergency Ordinance No. 886 correcting a scriveners error in the legal description of adopted Ordinance No. 862; seconded by Council Member Markham. 1 MARCH 1, 2005 - REGULAR MEETING - PAGE 10 OF 16 201 AGENDA COUNCIL ACTION - DISCUSSION -VOTE VII. PUBLIC HEARING FOR ORDINANCE AND FINAL PLAT ADOPTION CONTINUED. ITEM MOVED FROM NEW BUSINESS: Vote on motion to read proposed VOTE Emergency Ordinance No. 886 by title only. KIRK -YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. City Attorney to read proposed Emergency Ordinance No. 886 by title only. Attorney Cook read proposed Emergency Ordinance No. 886 by title only as follows: "AN EMERGENCY ORDINANCE CORRECTING A SCRIVENERS'S ERROR IN THE LEGAL DESCRIPTION OF ADOPTED ORDINANCE NO.862 CLOSING, VACATING AND ABANDONING THE SOUTH 30 FEET OF SOUTHEAST 2ND STREETAND THAT UNPLAT TIED PARCEL AS DESCRIBED HEREIN, BETWEEN 5TH AND 6THAVENUE, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 2, PAGE 4A, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RETAINING A RIGHT OF REVERSION, AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT (NAND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." Motion to adopt proposed Emergency Ordinance No. 886. III Council Member Chandler moved to adopt proposed Emergency Ordinance No. 886; seconded by Council Member Markham. Public comments and discussion. Mayor Kirk asked whether there were any questions or comments from the public. There were none. There was a brief 11 discussion between the Council and Staff. Vote on motion. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 7:04 P.M. 202 MARCH 1, 2005 - REGULAR MEETING - PAGE 11 OF 16 AGENDA VIII. NEW BUSINESS. A.1. a) Motion to read by title only and set March 15, 2005 as a final public hearing date for proposed Ordinance No. 883, regarding Rezoning Petition No. 05-001-R, submitted by David and Anita Nunez - Planning Consultant (Exhibit 6). b) Vote on motion. c) City Attorney to read proposed Ordinance No. 883 by title only 2. a) Motion to approve the first reading of proposed Ordinance No. 883. b) Discussion. c) Vote on motion. COUNCIL ACTION -DISCUSSION -VOTE Council Member Watford moved to read by title only, and set March 15, 2005 as a final public hearing date for proposed Ordinance No. 883, regarding Rezoning Petition No. 05-001-R, submitted by David and Anita Nunez; seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER -YEA MARKHAM-YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 883 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACTOFLAND MORE PARTICULARLYDESCRIBED HEREIN, FROMRESIDENTIAL SINGLEFAMILY (RSF-t) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT, AMENDING THEZONINGMAPACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERAB►LITYANDANEFFECTIVE DATE. 0 Council Member Markham moved to approve the first reading of proposed Ordinance No. 883; seconded by Council Member Watford. Mayor Kirk opened the floor for discussion. There was a brief discussion on this item. This rezoning application is relative to the Future Land Use Map Amendment No. 05-002-SSA discussed during the public hearing. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. 1 [1 MARCH 1, 2005 - REGULAR MEETING - PAGE 12 OF 16 203 AGENDA COUNCIL ACTION - DISCUSSION `.VOTE II VIII. NEW BUSINESS CONTINUED. B.1. a) Motion to read by title only and set April 5, 2005 as a final public hearing date for proposed Ordinance No. 884, pertaining to Street and Alley Closing No. 74, submitted by First Baptist Church - City Attorney (Exhibit 7). b) Vote on motion. c) City Attorney to read proposed Ordinance No. 884 by title only Council Member Watford moved to read by title only and set April 5, 2005 as a final public hearing date, for proposed Ordinance No. 884, pertaining to Street and Alley Closing Application No. 74, submitted by First Baptist Church; seconded by Council Member Chandler. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. Attorney Cook to read proposed Ordinance No. 884 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AND STREETS OR RIGHTS -OF -WAY AS DESCRIBED HEREIN, WITHIN BLOCK 194, CITY OF OKEECHOBEE, AND A PORTION OF SOUTHWEST 57" STREET, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 884. Council Member Markham moved to approve the first reading of proposed Ordinance No. ; seconded Member Chandler. b) Discussion. Mayor Kirk opened the floor for discussion. Council discussed the proposed street and alley closing with City Engineer Bermudez, who strongly cautioned the Council against closing any streets within the Southwest. His concern is, once the stormwater drainage report is completed, he is under the impression the City will need all available resources to eliminate the problem and is not in favor of decreasing the City's inventory of areas to use. The Council thanked Engineer Bermudez for his comments. They also noted, since the area is further to the north than the majority of the drainage problem areas and 51h Street can never be an opened access street to South Parrott Avenue, its use will be very limited to the City in the future. 204 MARCH 1, 2005 - REGULAR MEETING - PAGE 13 OF 16 AGENDA VIII. NEW BUSINESS CONTINUED. B. 2. c) Vote on motion. C.1. a) Motion to read by title only and set March 15, 2005 as a final public hearing date for proposed Ordinance No. 885, amending the LDR, Non -Conforming Uses Regulations - City Attorney (Exhibit 8). b) Vote on motion. COUNCIL ACTION - DISCUSSION =VOTE VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to read by title only and set March 15, 2005 as a final public hearing date, for proposed Ordinance No. 885, amending the LDR, Non -Conforming Uses Regulations; seconded by Council Member Chandler. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 885 by title only as follows: "AN ORDINANCE OF THE CITY OF ww'.suAunrn nAnrll-111 A01 V OKEECHOBEE, FLORIDA AMENDING ORDINANCE NU. 770, GODS Or vrwhVAnvw, rnnl►vv�r,..�. CHAPTER 90, ARTICLE TWO THEREOF, DEVELOPMENT OF NON -CONFORMING LOT, AS SET OUT IN SECTION 90-35 THEREOF; AMENDING SAID SECTION TO PERMIT CERTAIN NON CONFORMING USES WITHIN RESIDENTIAL ZONING CATEGORIES, PROVIDING FOR CONFLICTS, REPEALING ALL SECTIONS INCONSISTENT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 885. III Council Member Markham moved to approve the first reading of proposed Ordinance No. 885; seconded by Council Member Chandler. b) Discussion. Mayor Kirk opened the floor for discussion. F_j 1 MARCH 1, 2005 - REGULAR MEETING - PAGE 14 OF 16 205 I COUNCIL ACTION -DISCUSSION -VOTE Vill. NEW BUSINESS CONTINUED. C. 2. b) Discussion continued. The Land Development Regulations (LDR's) original non -conforming use regulations allowed properties and structures to continue in their present state and use including when properties were sold or title was transferred, so long as the use was not intensified or expanded. The City chose to speed up the process where non -conforming structures must be brought up to current code and standards regardless of how long the use has been in place. The main area the City had problems, which caused the amendment, was residential areas in commercial uses. However, by making this blanket change it has also effected areas where there are multi -family uses (such as a duplex) and now they cannot be sold since they are located in a Residential Single Family -One zoning districts. Attorney Cook explained further, the City receives requests for letters confirming whether a duplex can remain once it is sold and under the non- conforming use regulations the letters cannot be issued. The other solution would be a zoning and land use change, however those cannot be approved appropriately since it would create spot zoning. Therefore Staffs recommendation along with the Land Planning Agency, is to allow the residential non -conforming areas to remain in use, however they still could not intensify or increase in size. c) Vote on motion. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. D. Consider a request for a 20 percent reduction of parking, submitted The matter before the Council is to consider a 20 percent reduction of parking for a development located in Block 123, by Close Construction - Chris Close (Exhibit 9). City of Okeechobee, submitted by Chris Close of Close Construction. Mr. Close is proposing to build "Court Plaza," which will consist of a restaurant and commercial rental buildings. He presented in Exhibit Nine, a Parking Analysis prepared by Engineer Susan O'Rourke of Stuart, Florida. Council briefly discussed the project. The Technical Review Committee was recommending the reduction. A parking agreement will also be considered at a later date by Staff. Council Member Williams moved to approve a 20 percent parking reduction for Court Plaza; seconded by Council Member Chandler. Vill. NEW BUSINESS CONTINUED. D. Consider a request for a 20 percent reduction of parking, submitted by Close Construction continued. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. MARCH 1, 2005 - REGULAR MEETING - PAGE 15 OF 16 IN - DISCUSSION - VOTE E. Motion to approve a Temporary Street Closing request from the Council Member Williams moved to approve a Temporary Street Closing request from the Chamber of Commerce for Chamber of Commerce for the Speckled Perch Festival - City Clerk the Speckled Perch Festival for Southwest 2"d, 3`d 4m 5th and 6th Avenues between North and South Park Streets on (Exhibit 10). March 12 and 13, 2005 from 7:00 a.m. to 4:30 p.m.; seconded by Council Member Chandler. There was a brief discussion on this item. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. ITEM ADDED TO THE AGENDA: Hear a request from Olde Tyme Mr. Kooert Meyer, oT uioe i yme Construction aooresseo the uouncii Tor a request to purcnase the 5outn 4U Teet oT Construction for an option to purchase additional land in the City Commerce Lots 6 and 13 of the City Commerce Center. He has been presented with an opportunity to merge his cast stone Center - Robert Meyer (Exhibit 12). company with a major Southeast Florida corporation. The merger would allow for faster growth and immediate build - out of his existing project, with a projected 225 increase of potential jobs, half of which would be newjob opportunities for Okeechobee residents. Following a lengthy discussion, Council instructed Attorney Cook to draft the appropriate option to purchase the additional lands, using the same price as the original 30 acre option. Attorney Cook also noted adjustments to the deed restrictions may be needed regarding height requirements. 1 F�' C MARCH 1, 2005 - REGULAR MEETING - PAGE 16 OF 16 207 IX. ADJOURN MEETING - Mayor. Please take notice and be advised that Na person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, ha✓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 Clerk James E. Kirk, Mayor ATTEST: Lane Gamiotea; C C,. City Clerk COUNCIL ACTION DISCUSSION'- VOTE THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 8:10 P.M. The next regularly scheduled meeting is March 15, 2005. AFFIDAVIT OF PUBLISHER CFEB 1 '. OKEECHOBEE TIMES 106 S.E. Sth St., Okeechobee, FL 34974CEiVE�(863) 763-7283 Published Weekly 2 8 2005STATE OF FLORIDACOUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A.Hughes, Jr., who on oath says that he is publisher of the Okeechobee a Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a Notice of City Council Meeting PO #12698 in the matter of City of Okeechobee City of Okeechobee 55 SE Third Avenue Okeechobee FL 34974-2932 In the Court, was published in said newspaper in the issues of 02/24/2005 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. James A. Hughes, Jr., (Publisher) Sworn to and subscribed before me this a 4- j\_ day of A.D. 2005 (SEAL) Notary Public Rosealee A. Brenn Commission #DD318� . i).e= Expires: Jun 25, 20 ° Bonded ffi u Q �9i�OF Fl�� Atlantic Bonding Co., I NOTICE OF CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN that the City of Okeechobee City Council will meet in Regular Session on Tnesday, March 1, 2005, 6:00pm, City Hall, 55 SE 3rd Ave.', Pin 200, Okeechobee, Florida The public is invited and encouraged to attend. For a copy of the agenda contact City Administration at (863) 763-3372• x 212. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to ap- peul any decision male by the City Council with respect to any natter considered at this meeting, such interested person will need a record of the proceedings, and for such pur. pose may need to ensure a verbatim record of the proceedings is made, which record in. dudes the testimony and evidence upon which the appeal is to be based. Tapes are used for the sole purpose of back-up for the Clerk's Office. In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing spe. cial ace0ounodaion to participate in this pro. ceeding should contact Lane Gamiotea, no later than two (2) working days prior to the proceeding at 863-763-3372 x 214; if you are hearing or voice impaired, call TDD 1.800- 222-3448 (voice) or 1.888-447-5620 (TYY). LANE GAMIOTEA, CMC, City Clerk PUBLISH 02"2005 OKEECHOBEE TIMES Page -1- Tape 1 side A CITY OF OKEECHOBEE - March 1, 2005 - REGULAR CITY COUNCIL MEETING. HANDWRITTEN MINUTES CALL TO ORDER - Mayor: II. OPENING CEREMONIES: Invocation given by Pastor Randy Huck bee, First Baptist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent Mayor James E. Kirk X Council Member Noel A. Chandler X Council Member Lowry Markham X Council Member Dowling R. Watford, Jr. X Council Member Lydia Jean Williams X City Attorney John R. Cook X Interim City Administrator John R. Cook X Clerk Lane Gamiotea X Deputy Clerk Melisa Eddings X IV. MINUTES - City Clerk. A. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the February 15, 2005 Regular Meeting; seconded by Council Member Williams. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. V. WARRANT REGISTER - City Administrator. A. Council Member Watford moved to approve the January 2005 Warrant Register in the amounts: General Fund, three hundred fifty-nine thousand, nine hundred thirty- wo dollars and twenty-five cents ($359,932.25); Industrial Development Fund, one hundred seven y-two thousand, nine hundred seventy five dollars and thirty-two cents ($172,975.32); CDBG Grar t Fund, thirty-two thousand five hundred seventy-one dollars and ninety-four cents ($32,571.94; Public Facility Improvement Fund, one thousand, one hundred dollars and four cents ($1,100.04); seconded by Council Member Markham. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's a ends. NEW BUSINESS ITEM F MOVE TO PUBLIC HEARING ITEM F. ADD NEW F ROBERT MEY RS TO ADDRESS COUNCIL. • VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR AT 6:06 P.M. A.1. a) Council Member Watford moved to read by title only propose( alleyways in Block 123, City of Okeechobee, as requested by Ch Attorney (Exhibit 1); seconded by Council Member Markham. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. C) Attorney Cook read proposed Ordinance No. 879 by title only CLOSING, VACATING AND ABANDONING THE ALLEYS OR HEREIN, WITHINBLOCK 123, CITYOFOKEECHOBEE, AS RE0 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RE SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEM PURPOSES, RETAINING A RIGHT OF REVERSION, AND DIA RECORD THE ORDINANCEIN THE PUBLIC RECORDS OF THE C IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING 1 2. a) Council Member Markham moved to adopt proposed Ordinance Member Chandler. b) Public comments and discussion. Mayor Kirk asked whether there from the public. There were none. Clerk Gamiotea report by memorandum in Exhibit One that all fee's hav regarding the adoption of the proposed ordinance was advertised in the Ok The easements which were required by Sprint and the Okeechobee Uti addressed. Right of reversion addressed. Twenty letters mailed to surroundi to date. Watford easements, t alley. C) Vote on motion VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. B.1. a) Council Member Watford moved to read by title only proposed C Florida Power and Light Franchise Agreement - City Attorney Member Williams. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X Page -2- AND FINAL PLAT ADOPTION I Ordinance No. 879, closing the pis Close, Application No. 73 - City as follows: "AN ORDINANCE ALLEYWAYS AS DESCRIBED )RDED IN PLAT BOOK 5, PAGE SERVING UNTO THE CITYITS ENT FOR PUBLIC UTILITIES ECTING THE CITY CLERK TO LERKOF THE CIRCUIT COURT 'OR AN EFFECTIVE DATE." No. 879; seconded by Council any questions or comments been paid. The public hearing ,chobee News on February 18. y Authority were appropriately I property owners, no response No. 880, pertaining to the 2); seconded by Council • u MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 880 by title GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND C( PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF FOR AN EFFECTIVE DATE." Page -3- as follows: "AN ORDINANCE CESSORS AND ASSIGNS, AN TONS RELATING THERETO, :ECHOBEE, AND PROVIDING 2. a) Council Member Markham moved to adopt proposed Ordinance No. 880; seconded by Council Member Chandler. b) Public comments and discussion. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Watford, section 6, grantor not to engage in ..... feel like standard that we ha ie, seems to me in light of the way deregulation has made the purchase of electricity than it did 30 years ago we should have that option. Markham, prohibits us to go into the business, and you want us to have that right, don't know that we would ever do it but its nice to have the right to be able to do it. Watford, sit on committee and discuss the formula on underground utilities put they can't do that, other cities have the same problem Jay M present you cannot operate an existing utility because of franchise, if you purchase electricity from another from a 3" party for city facilities only, this franchise allows that, did Joes not allow you to operate an city electricty facility, if you change it then I'd have to go back to my people and see. Kirk, don't have a problem with it either way, who knows if we would ever g Markham, just takes a right a way for 30 years, Kirk, never had that right Markham that's why you redo these things ever so often to see if you want into that business make changes. Jay, it is a right that you are being paid to give up and if you delete section I can tell you my clients would want a significant reduction in the franchise fee. Markham same franchise with county? We don't have a franchise with the c unty, we've made presentation to them but haven't agreed on anything. Brevard county is only recent coun with this language in it. Kirk, whats franchise agreement paying us do we know? 5.9% is what is proposed in this one. The franchises are evolving documents, political subdivisions need money, we nderstand that, try to find ways to do that, cal by fee in fee is adv taxes and non adv taxes that we pay in the c ty, higher taxes gives you more revenues, this takes the taxes formula out. Kirk find it hard to believe you don't have the county's. Jay, some county's h; they do not have the home rule power to enter into the franchise agreement. Kirk„ if you take it out its just going to come back to us. c) Vote on motion VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X ive attorney's that believe that u E MOTION: CARRIED. C.1. a) Council Member Watford moved to read by title only proposed 0 Land Use Map Amendment No. 05-001-SSA, submitted by Rol owner, CR Investments of Okeechobee - Planning Consultant Member Williams. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 881 by title only as fol CITYOFOKEECHOBEE, FLORIDA AMENDING THEC/TYOFOj PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING TH A CERTAIN TRACT OF LAND MORE PARTICULARLY DESC FAMILY TO MULTI -FAMILY; PROVIDING FOR INCLUSION C FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, P� DATE." 2. a) Council Member Markham moved to adopt proposed Member Williams. b) Public comments and discussion. Mayor Kirk asked whether there from the public. There were none. Jim LaRue of LaRue Planning and Management Services was in attendai Staff Report Summary of Application: The property is within the RMF zo Single Family on the Future Land Use Map. The applicant proposes to am( allow Multi -Family as a land use designation on the property. This would pro) zoning and the surrounding land uses. The applicant intends to construct a Planning Staff Report Comprehensive Plan Analysis: (A) Based on the the proposed use (duplex) is consistent with Objective 2 and its correspon Element. In addition, the proposed Multi -Family designation would create c district for this property. (B) Public water and sewer are available to the I issues will be addressed when the applicant applies for a site plan review. (Cl to Multi Family will not create an incompatible use with the surrounding neigl close location to other property zoned for multi -family uses create compatibilit, the southwestern portion of this Block is in the Commercial Future Land cat( land use amendment is in compliance with the specific standards of the Cor Page -4 finance No. 881, regarding Future Willson on behalf of the property Exhibit 3); seconded by Council NS: "AN ORDINANCE OF THE ECHOBEE COMPREHENSIVE FUTURE LAND USE MAP ON 'BED HEREIN FROM SINGLE ORDINANCE AND REVISED )VID/NG FOR AN EFFECTIVE No. 881; seconded by Council any questions or comments e and presented the Planning ig district and is designated as d the Future Land Use Map to le consistency with the existing iplex on the site, application, it would appear that ling policies in the Future Land insistency with the RMF zoning ,operty. Any other concurrency The change from Single Family bohood. The subject property's with the exiting land uses. Also, gory. (D) The proposed future prehensive Plan. Planning Staff Report Analysis and Conclusions: The existing Comprehe sive Plan goals, objectives, and policies will support multi -family uses at this location. Staff recommends app'oval of the applicant's request to amend the Future Land Use Map from Single Family to Multi Family as the request is consistent with the City of Okeechobee's Comprehensive Plan. The Land Planning Agency unanirr iously recommended approval. Markham, putting MF on a street that is all SF uses, even those the future I nd use is MF. Looks like your creating spot zoning. Jim, SW corner is Commercial, this gives a buffer between the c and sf. Markham, That area that was changed and never developed, see that area for multi family use, has the commercial just don't see putting the multi family at the end where you have all single family already there. There was a lengthy discussion that ensued regarding whetherwe want this area to continue in the multi family • issues for this area, Watford was recommending any use to table it. Char, to remain single family, we can send staff out and do further research if Watford move to table Ord 881 until March 15; second by Markham. c) Vote on motion to table. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. D.1. a) Council Member Watford moved to read by title only proposed 0 Land Use Map Amendment No. 05-002-SSA, submitted by prope Planning Consultant (Exhibit 4); seconded by Council Member) b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 882 by title only as foil CITYOFOKEECHOBEE, FLORIDA AMENDING THE CITYOFOX PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THj A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCI FAMILY TO COMMERCIAL; PROVIDING FOR INCLUSION Q FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PF DATE." 2. a) Council Member Chandler moved to adopt proposed Ordinance Member Watford. b) Public comments and discussion. Planning Staff Report Summary of Application: The applicants are the request an amendment to allow the property to be re -designated as com contract for sale to the Big Lake Baptist Association. In a letter from the asso office will serve as the headquarters of all the cooperating Southern I Okeechobee. The properties north of this Block are in the Industrial future Block 78 has recently been re -designated as commercial. Planning Staff Report Comprehensive Plan Analysis: (A) Based on the the restricted commercial future land use is consistent with Objective 2 and Future Land Use Element. (B) Public water and sewer are available to the F issues will be addressed when the applicant applies for a site plan review. (C; designation will be compatible with adjacent land use categories if the zo proposed use will be consistent as the neighborhood is slowly transitioning uses as evidenced by recent land use and zoning changes on two lots a the (D) The proposed future land use amendment is in compliance with Comprehensive Plan. Planning Staff ReportAnalysis and Conclusions: The existing Comprehen, policies will support commercial uses at this location. Staff recommends appr Page -5- istic of that neighborhood needs would like, on motion all yea. inance No. 882, regarding Future f owners David and Anita Nunez - Iliams. ws: "AN ORDINANCE OF THE ECHOBEE COMPREHENSIVE FUTURE LAND USE MAP ON IBED HEREIN FROM SINGLE ORDINANCE AND REVISED 7VIDING FOR AN EFFECTIVE No. 882; seconded by Council al owners of the property and :rcial. The property is under tion, the pastor states that the Mist Churches around Lake id use category and some of )pication, it would appear that corresponding policies in the cperty. Any other concurrency The requested future land use ng is restricted to CPO. The incorporate light commercial outhwest corner of this block. ie specific standards of the Plan goals, objectives, and I of the applicant's request Page -6- to amend the Future Land Use Map from Single Family to Commercial a the request is consistent with the City of Okeechobee Comprehensive Plan. Markham, opposite end of block, everything east of that is single family, I )oking at it, we're starting to move ourcommercial into a residential area. Looks like were starting tojump a w le block. LaRue, right across from Industrial concrete plant, from a future land use point you draw the line, anc have a fairly restrictive zoning that is also being proposed, have older homes in the area to the east. Trying to <eep from jumping around with the commerical, fact that we did already rezone 2 lots on this block, whether b ause it was 2nd avenue or not, but agree to only go this block, Watford, saving grace here is the zoning request that is to follow because e area best use is something like that, would not want a house there and don't know who would, Markham but don't know that its best for now, can't continue to jump arou d there, Kirk, it looks like we need to follow the recommendation on this one. Watford areas are changing more rapidly than we ever imagined, with re l estate value the way it is we're going to continue to see these. Pator Huckabee, Big Lake Mission moving from Clewiston and Okeech are you purchasing? Yes and the purchase is contingent upon these ci• c) Vote on motion VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. E.1. a) Council Member Watford moved to accept the Dedication and app Estates - City Attorney (Exhibit 5); seconded by Council Member b) Public comments and discussion. None. Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. F. 1. a) Council Member Watford moved to waTFORD/mARKHAM Vote all yea. Attorney Cook read title AN EMERGENCY ORDINANCE CORREC ERROR IN THE LEGAL DESCRIPTION OF ADOPTED ORDINj VACATING AND ABANDONING THE SOUTH 30 FEET OF S, AND THAT UNPLATTED PARCEL AS DESCRIBED HEREIN AVENUE, CITY OF OKEECHOBEE, AS RECORDED IN PL PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; R REVERSION; AND DIRECTING THE CITY CLERK TO RECO THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUI OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN E Adopt Chandler moved to seconded by Council Member Markham for the headquarters. Watford, the Final Plat of Taylor Creek andler. 7ING A SCRIVENERS'S NICE NO.862 CLOSING, ,UTHEAST 2ND STREET BETWEEN 5T" AND 6T" ,T BOOK 2, PAGE 4A, :TAINING A RIGHT OF D THE ORDINANCE IN COURT IN AND FOR FECTIVE DATE. • • Public None - MAYOR KIRK CLOSED THE PUBLIC HEARING AT 7:04 P.M. III. NEW BUSINESS. A.1. a) Council Member Watford moved to read by title only and set Marcl date for proposed Ordinance No. 883, regarding Rezoning Petition and Anita Nunez - Planning Consultant (Exhibit 6); seconded by b) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. C) Attorney Cook read proposed Ordinance No. 883 by title only as fi CITYOFOKEECHOBEE, FLORIDAAMENDING THEOFFICIAL BY REZONING A CERTAIN TRACT OF LAND MORE PARTII FROM RESIDENTIAL SINGLE FAMILY (RSFI) ZONING PROFESSIONAL OFFICE (CPO) ZONING DISTRICT, AA ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILI' 2. a) Council Member Markham moved to approve the first reading seconded by Council Member Watford. b) Discussion. Planning Staff findings. C) Vote on motion VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. B. 1. a) Council Member Watford moved to read by title only and set April Ir date for proposed Ordinance No. 884, pertaining to Street and Alley C Baptist Church - City Attorney (Exhibit 7); seconded by Council Mei b) Vote on motion VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. C) Attorney Cook to read proposed Ordinance No. 884 by title only a CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALL, RIGHTS-OF�WA YA S DESCRIBED HEREIN, WITHIN BLOCK 194, C A PORTION OF SOUTHWEST 5r" STREET, AS RECORDED IN PLC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERV/N SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMEN PURPOSES, AND DIRECTING THE CITYCLERK TO RECORD THE Page -7- 15, 2005 as a final public hearing No. 05-001-R, submitted by David Council Member Williams. Dws: "AN ORDINANCE OF THE )NING MAP OFOKEECHOBEE ►LARLY DESCRIBED HEREIN, )ISTRICT TO COMMERCIAL NDING THE ZONING MAP 'AND AN EFFECTIVE DATE." proposed Ordinance No. 883; 2005 as a final public hearing sing No. 74, submitted by First ber Chandler. s follows: "AN ORDINANCE EYWAYS AND STREETS OR 'ITYOFOKEECHOBEE, AND T BOOK 5, PAGE 5, PUBLIC G UNTO THE CITY ITS 'T FOR PUBLIC UTILITIES ORDINANCEIN THEPUBLIC • RECORDS OF THE CLERK OF THE CIRCUIT COURT IN FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Markham moved to approve the first reading seconded by Council Member Chandler. b) Discussion. Markham, street requesting to be closed, that is a street city put in years and we have paved it, we recently did this at county court house, but we does with paving it, and we are losing the investment that we have. Feel Page -8- FOR OKEECHOBEE COUNTY, of proposed Ordinance No. 884; and I don't' know, its been there ve an investment in it the public something we need to discuss. Watford, own both blocks, Yes. Only saving grace is that street is not open to the east, is to the west, but not to the east limits what that street can be used for, wont have to maintain it any more Kirk, initial reaction was that I had a problem with it until I realized that you ould never go all the way to 441 on there, don't think we could abandon that street. Cook, memo in package from Oscar and wanted to address that, new building where street is, adaquate drainage during TRC site review. Oscar, ever since I have been with the city I have issued cautions to the council when closing any street or alley, I believe in the future to solve the problems with the drainage we are gong to need every street and alley available and we are slowing losing the inventory for the area to store the A ater during wet seasons. Giving away a paved street is even worse, not my intention to be against future development but I strongly caution you because of the drainage issues and will continue with the same attitud . Watford, this area, particular, appreciate your concern and thoughts, this immediate area doesn't have a drainage problem around the church does it. No but will need everything when we go to fix the problem. John if they build a new building they will be required to have onsite retention. Oscar, yes, but that is not how to solve the problem, the main drainage system belongs to DOT and its 20-30 years old and that is all we have. John retenion pond will held the church but not the city's overall drainage problem. Chandler that street doesn't have swells on it anyway. Oscar right and that is another reason why we need to keep is to install the swells along right of ways. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. C. I. a) Council Member Watford moved to read by title only and set March 15 2005 as a final public hearing date for proposed Ordinance No. 885, amending the LDR, Non-Conf rming Uses Regulations - City Attorney (Exhibit 8); seconded by Council Member Chandler. b) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. C) Attorney Cook to read proposed Ordinance No. 885 by title only as fol ows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINA CE NO. 716, CODE OF • C1 Page -9- ORDINANCES, PARTICULARLY CHAPTER 90, ARTICLE TWO THEREOF, DEVELOPMENT OF NON -CONFORMING LOT, AS SET OUT IN SECTION 90-35 THEREOF; AMENDING SAID SECTION TO PERMIT CERTAIN NON -CONFORMING USES WITHIN RESIDENTIAL ZONING CATEGORIES, PROVIDING FOR CONFLICTS, REPEALING LL SECTIONS INCONSISTENT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Markham moved to approve the first reading seconded by Council Member Chandler. b) Discussion. Cook, issue persistent in city at least 6 months, non conforming issue not will effect a piece of property she is looking at purchasing, existing ordir commercial non -conforming and others, car lot for example, now resident RSF uses and land use, last 6 months in this particular that we've looked, I ( and lending intitiutions, what is land use, can it continue, if it burns down c� to any of those then they will not lend money for those properties, are not f to separate residential non -conforming use, cannot intensify or enlarge, but i- under the impression that a non -conforming use is a non -conforming w residential uses to continue we could regulate be other means other than person with property in RSF that they cannot sell. of proposed Ordinance No. 885; mique to the clerk even though it ince does differiencate between 31, some non -conforming uses in at approached by title companies n it be rebuilt, if the answer is no uncial these properties, intent is would retify problem. Dr Mav was e. Worked with LaRue to allow out right ban them and cause a Markham, res home in c, sell that it cannot be residential any more because it is non -conforming. Cook, true, that will remain. Markham, anything that was residential that goes to comrr ercial will have to be a business next person cannot move in and live as a house. Correct. Markham so that's where banks want letters, brought to zoning they are in. Cook, last year they all started, this would take care oft the problem for residentially zoned as amended to add existing language in paragraph c, final draft for next c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. D. Consider a request for a 20 percent reduction of parking, submitte Close (Exhibit 9). Cook, TRC recommended 20 % parking reduction due to the # of on s agreement, resturant use was not able to meet even with the 20% parking d( since has a night club type atmosphere, unless council wishes, tying to the parking agreement Williams moved to approve 20% parking reduction; seconded by Council Me Markham, numbers don't match Chris Close, #'s you looking at are the total office space, ratio's are separated Chris we have extra spaces in that area and helped us and we are allowed to considered what he needs, configure it in our formula so that if he develops all number of spaces he can use during the day then the 20 % reduction it should took the 150 sq. ft of the resturant that's for an office at the resturant and add( Oscar on top of these and review final map and formula he's not going to I( exactly what the city needs, Kirk fee we can reach agreement yes. ng by Close Construction - Chris ,et parking and then parking ign main use is evening hours ind, no co will be issued until r Chandler. )ut, why adding old building in, use it, all 4 structures on block the structures and limiting the be met. Chris Traffic Engineer ,d it into the total office space. �t the project proceed without • NW 4" Street parallel parking, coming into property to create Looks like a nice project. Thank you. VOTE ALL YEA. E. Page -10- Council Member Williams moved to approve a Temporary Street losing request from the Chamber of Commerce for the Speckled Perch Festival - City Clerk (Exhibit 10); seconded by Council Member Chandler. Parks completed? Yes construction completed today. Good job. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED, ITEM ADDED TO THE AGENDA Robert Meyer, factory up, office building 4800 sf Federal Cast Stone has great opportunity, majjor SE Florida corporation wants to merge with federal cast stone, sell the same product, saw our great new location, have 3 existing factory isn FL 25 years old, don't want to divulge to much at this time, they want to buy in and mecanize, project 225 employees immediately for the existing building 6 days a week 3 shifts, good for park to have business operating 24 hours a head for security, the only thing that is required because of existing building and whai we project to do, need more land to the North, ask for 40 feet across lots 6 and 13, originally approved for 30 acres, ended up with 28.2 acres, did some calculations 1.2 acres over with the 40 feet strips, mention the other plant on the other side, on lots 1211 and 10 would not employ the same number it would be 75 to 100 on those lots due to duplication with the other expansions. We projected originally with 65 up to 200 within a 3-5 year period. This would immediately fulfill the projection. Kirk, out of that 225 what would be new, okeechobee people? 3 factories clo e 2 factories and do this location here 1 of the factories is within communte, 1 down south, at least'/2 would a new okeechobee hires. Hourly wage is similar to ours $13.25 per hour grants want $12.05. The cost for this company to mecanize is a major investment on their part, t( and financing is there in place. It is not for sure, time is of essence, would Cook, 1 adjustment to plat, and height requirements, need small sylos VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: CARRIED. VII. MAYOR KIRK ADJOURNED THE MEETING AT p.m. investment close to $12 million )w by the end of this week, • • Page .1- Tape 1 side A CITY OF OKEECHOBEE - March 1, 2005 - REGULAR CITY COUNCIL HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Kirk, March 1, 2005, City Council Reqular II. OPENING CEREMONIES: Invocation given by Pastor Randy Hucka ee, First Baptist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Absent Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Attorney John R. Cook City Administrator (Interim) John R. Cook Clerk Lane Gamiotea Deputy Clerk Melisa Eddings / IV. MINUTES - City Clerk. A. Council Member OAai d 6a moved to dispense with the reading and approve the Summary of Council Action forthe February 15, 2005 Regular Meeting; seconded by Council Member b d-t5at_ gin. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS----_` MOTION: ARRIED. ' V. WARRANT REGISTER - City Administrator. A. Council Member moved to approve the January 2005 Warrant Register in the amounts: General Fund, hree hundred fifty-nine thousand, nine hund ed thirty-two dollars and twenty- five cents ($359,932.25); Industrial Development Fund, one hundred seventy-two thousand, nine hundred seventy five dollars and thirty-two cents ($172,975.32); CDBG Grant Fund, thirty-two thousand five hundred seventy-one dollars and ninety-four cent ($32,571.94) Public Facility Improvement Fund, one thousand, one hundred dollars and four cents ($1,100.04); seconded by Council Member `yY�'c 1L�a -vim VI. AGENDA - Mayor. A. Requests for he addition, deferral or withdrawal of items on today's enda. C VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDI AT & : (S P.M. 0 Page -2- AND FINAL PLAT ADOPTION A. 1. a) Council Member moved to read by 879, closing the alleyway fn Block 123, City of Okeechobee, as req No. 73 - City Attorney (Exhibit 1); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: ARRIED. C) Attorney Cook read proposed Ordinance No. 879 by title only CLOSING, VACATING AND ABANDONING THE ALLEYS OR HEREIN, I41THINBLOCK123, CITYOFOKEECHOBEE, AS REC( 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RE SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEM PURPOSES; RETAINING A RIGHT OF REVERSION, AND DIR RECORD THEORDINANCEIN THEPUBLIC RECORDS OFTHEC IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING I only proposed Ordinance No. ted by Chris Close, Application as follows: "AN ORDINANCE ALLEYWAYS AS DESCRIBED IRDEDINPLATBOOK4 PAGE SERVING UNTO THE CITY ITS ENT FOR PUBLIC UTILITIES ECTING THE CITY CLERK TO LERK OF THE CIRCUIT COURT 'OR AN EFFECTIVE DATE." 2. a) Council Members A-vc-� moved to adopt proposed rdinance No. 879; seconded by Council Member (et) b) Public comments and discussion. Clerk Gamiotea report by men Rac" C) VC KI CF MI WA L. M( Vote on motion. dum in (Exhibit 1). • B.1. a) Council Member moved to read by title pertaining to the Florida Po 'er an_d Light Franchise Agreement - C by Council Member —1�5 b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLELARRIED.) MARKHA WATFOR L. WILLIA MOTION: c) Attorney Cook read proposed Ordinance No. 880 by title on GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SI ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND COA PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF C FOR AN EFFECTIVE DATE." 2.a) Council Member moved to adopt proposed Council Member b) Public comments and discussion. J it- 1711), 0 Vote on motion. 0 v VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: CR RIED is Page -3- mly proposed Ordinance No. 880, ty Attorney (Exhibit 2); seconded as follows: "AN ORDINANCE CESSORS AND ASSIGNS, AN TIONS RELATING THERETO, :ECHOBEE, AND PROVIDING ance No. 880; seconded by C,' ,N-Itf , Bd p V��%��-,,e- • • Page -4- C.1. a) Council Member 84-1 moved to read by title only proposed Ordinance No. 881, regarding Future Land U e Map Amendment No. 05-001-SSA, submitted by Rob Willson on behalf of the property owner, CR Investments of Okeechobee - Planning Consultant (Exhibit 3); seconded by Council Member ° a b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: ARRIED. c) Ci AttorneA r d proposed Ordinance No. 881 by title only as foll ws: "AN ORDINANCE OF THE CITYOF OKEECHOBEE, FLORIDA AMENDING THE CITYOF OKECHOBEECOMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THI FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCI 1BED HEREIN FROM SINGLE FAMILY TO MULTI -FAMILY, PROVIDING FOR INCLUSION 0 ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, P OVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member _QJCki,)x) moved to adopt proposed rdinance No. 881; seconded by Council Member IU b) Public comments and discussion. J�� EI_ Planning Staff Report Summary of Application: The property is within the RMF zoning district and is designated as Single Family on the Future Land Use Map. The applicant pro oses to amend the Future Land Use Map to allow Multi -Family as a land use designation on the property. Thi would provide consistency with the existing zoning and the surrounding land uses. The applicant intends to construct a duplex on the site. Planning Staff Report Comprehensive Plan Analysis: (A) Based on the application, it would appear that the proposed use (duplex) is consistent with Objective 2 and its corresponding policies in the Future Land Element. In addition, the proposed Multi -Family designation would create consistency with the RMF zoning district for this property. (B) Public water and sewer are available to the property. Any other concurrency issues will be addressed when the applicant applies for a site plan review. (C) The change from Single Family to Multi Family will not create an incompatible use with the surrounding neig bohood. The subject property's close location to other property zoned for multi -family uses create compatibilit with the exiting land uses. Also, the southwestern portion of this Block is in the Commercial Future Land cat gory. (D) The proposed future land use amendment is in compliance with the specific standards of the Comprehensive Plan. Planning Staff ReportAnalysis and Conclusions: The existing Comprehensive Plan goals, objectives, and policies will support multi -family uses at this location. Staff recommends approval of the applicant's request to amend the Future Land Use Map from Single Family to Multi Family as the request is consistent with the City of Okeechobee's Comprehensive Plan. /l 1 c) Vote on moti= VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORj�RR�IED. L. WILLIAMOTION: 6& 4 w, • is Page -5- ' moved to read by title only proposed Ordinance No. 882, D.1. a) Council Member ----- regarding Future Land Usolmap Amendment No. 05-002-SSA, subm tted by property owners David and Anita unez - Planning Consultant (Exhibit 4); sec nded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS,- MOTION: CARRIED) c) Attorney Cook read proposed Ordinance No. 882 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITYOFOKEECHOBEEcOMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY TO COMMERCIAL; PROVIDING FOR INCLUSION LAN,• PROVIDIINANCE AND REVISED NG FOR AN EFFECTIVE FUTURE LAND USE MAP IN THE COMPREHENSIVE DATE." 2. a) Council Member z1 moved to adopt proposed Ordinance No. 882; seconded by Council Member (Exhibit 4). b) Public comments and discussion. Planning Staff Report Summary of Application: The applicants are the legal owners of the property and request an amendment to allow the property to be re -designated as commercial. The property is under contract for sale to the Big Lake Baptist Association. In a letter from the association, the pastor states that the office will serve as the headquarters of all the icooperating Industrial altfutur Bapdhern suse category aaround nd some of Okeechobee. The properties north of this Block are n Block 78 has recently been re -designated as commercial. Planning Staff Report Comprehensive Plan Analysis: (A) Based on th the restricted commercial future land use is consistent with Objective 2 ar Future Land Use Element. (B) Public water and sewer are available to th issues will be addressed when the applicant applies for a site plan review. designation will be compatible with adjacent land use categories if the proposed use will be consistent as the neighborhood is slowly transitioni uses as evidenced by recent land use and zoning changes on two lots a (D) The proposed future land use amendment is in compliance w Comprehensive Plan. Planning Staff ReportAnalysis and Conclusions: The existing Compre policies will support commercial uses at this location, Staff recommends to amend the Future Land Use Map from Single Family to Commercial a City Pf eechobee Comprehensive Plan. c) Vote on motion. l` VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIA IS �. MOTION: C RRIED..1 application, it would appear that its corresponding policies in the property. Any other concurrency ;) The requested future land use oning is restricted to CPO. The to incorporate light commercial e southwest corner of this block. i the specific standards of the ensive Plan goals, objectives, and pproval of the applicant's request the request is consistent with the � �J��-ntmzZcti. J / h 0 C � - ok, lAk-, LL , ' - /)AL_e-L'cj jtLla�� L co e4- �i E.1. a) Council Member 1 u- moved to accept t Fin I Plat of Taylor Cree Estates - City Attorney (Exhibit 5 ; b) Public com . enp and discussion. Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: RRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 7 e5-�P.M. III. NEW BUSINESS. A.1. a) Council Member %C �'Z moved to read by title only ar public hearing date for roposed Ordinance No. 883, regarding F submitted by David and Anita Nunez- Planning Consultant (Exhibit zi i�e2 b) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: ARRIED C) Attorney Cook read proposed Ordinance No. 883 by title only as f, CITYOFOKEECHOBEE, FLORIDA AMENDING THE OFFICIAL BY REZONING A CERTAIN TRACT OF LAND MORE PARTh FROM RESIDENTIAL SINGLE FAMILY (RSF-1) ZONING PROFESSIONAL OFFICE (CPO) ZONING DISTRICT, AI ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABIU iPage -6- Dedication and approve the onded by Council Member d-C'X .'CAI, set March 15, 2005 as a final ,oning Petition No. 05-001-R, seconded by Council Member ws: "AN ORDINANCE OF THE WING MAP OF OKEECHOBEE LARLY DESCRIBED HEREIN, iISTRICT TO COMMERCIAL LADING THE ZONING MAP 'AND AN EFFECTIVE DATE." 2. a) Council Member moved to approve the firs reading of proposed Ordinance No. 883; seconded by Council Member b) Di cussion. C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIArARRIED. MOTION: • -J4 Page -7- B.1. a) Council Member. moved to read by title only public hearing date for oposed Ordinance No. 884, pertaining to su fitted b First Baptist Church - City Attorney (Exhibit 7); b) Vote on motion. VOTE YEA NAY KIRK CHANDLER MARKHAM WATFORD L. WILLIA MOTION: PARRIED. C) Attorney Cook to read proposed Ordinance No. 884 by title only CLOSING, VACATING AND ABANDONING THE ALLEYS ORAL RIGHTS-OF-WAYAS DESCRIBED HEREIN, WITHIN BLOCK 194, A PORTION OF SOUTHWEST 5r" STREET, AS RECORDED IN A RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERV SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMI PURPOSES; AND DIRECTING THE CITYCLERK TO RECORD Th RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Membermoved to approve the first re 884; seconded by Council Members - b) Discussion. C) Vote on motion. VOTE YEA KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS-' MOTION: ARRIED. id set April 5, 2005 as a final eet and Alley Closing No. 74, �conded by Council Member follows: "AN ORDINANCE .YWAYS AND STREETS OR ITY OF OKEECHOBEE, AND ,T BOOK 5, PAGE 5, PUBLIC G UNTO THE CITY ITS IT FOR PUBLIC UTILITIES ORDINANCE IN THE PUBLIC )R OKEECHOBEE COUNTY, of proposed Ordinance No. (�`a�lu• - b� y3e - Z/:S 0 C.1. a) Council Member �' sed Ormoved to read by title c final public hearing date r propodinance No. 885, amending Regulations - City Attorney (Exhibit 8); seconded by Council Meml b) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAZARRIED — MOTION: c) Attorney Cook to read proposed Ordinance No. 885 by title only as THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDI, ORDINANCES, PARTICULARLY CHAPTER 90, ARTICLE TWO 1 NON -CONFORMING LOT, AS SET OUT IN SECTION 90-35 SECTION TO PERMIT CERTAIN NON -CONFORMING USES N CATEGORIES, PROVIDING FOR CONFLICTS, REPEALING Al HEREWITH, PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member � � , , �''� mo ed to approve the fir No. 885; seconded by Council Member u`v b) Discussion. 0 Page -B- and set March 15, 2005 as a LDF, on -Conforming Uses lows: "AN ORDINANCE OF NCE NO. 716, CODE OF :REOF, DEVELOPMENT OF IEREOF, AMENDING SAID HIN RESIDENTIAL ZONING SECTIONS INCONSISTENT treading of proposed Ordinance p 14 & (' e-x c E%eau (txkC C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIA MOTION: CARRIED 0 Igg: III- __y Page -9- 0 0 D. Consider a request for a 20 percent reduction of parking, submitted by Close Construction - Chris Close (Exhibit 9). / e`c 7;t'c¢e�-war, iz'z� kai- C A *-P;& E. Council Member �-� moved to approve a Temp the Chamber of Commerce for the Speckled Perch Festival - City Council Member 2)(-(-�h 'l c�La rr�a /4 C VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: ARRIED F. Council Member moved to correct a scr description in adopted Ordinance No. 862 - City Attorney (Exhibit VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: CARRIED. VII. MAYOR KIRK ADJOURNED THE MEETING AT E -ary Street Closing request from 'lerk (Exhibit 10); seconded by reners error, amending the legal 11); seconded by Council Member 0 �L4 Ale we J'a 0 0 0 IV. CALL TO ORDER - Mayor: OPENING CEREMONIES: CITY OF OKEECHOBEE MARCH 1, 2005 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA March 1, 2005 City Council Regular Meeting, 6:00 p.m. Invocation given by Pastor Randy Huckabee, First Baptist Church; Pledge of Allegiance led by Mayor. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Williams City Attorney/Interim Administrator John R. Cook City Clerk Lane Gamiotea MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the February 15, 2005 Regular Meeting. V. WARRANT REGISTERS - Interim Administrator. A. Motion to approve the January 2005 Warrant Registers, General Fund $359,932.25 Industrial Development Fund $172,975.32 CDBG Grant Fund $ 32,571.94 Public Facility Fund $ 1,100.04 PAGE 10F5 MARCH 1, 2005 - CITY COUNCIL AGENDA - PAGE 2 OF 5 M. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE AND FINAL PLAT ADOPTION. A.1.a) Motion to read by title only proposed Ordinance No. 879, closing the alleyways in Block 123, City of Okeechobee, as requested by Chris Close, Application No. 73 - City Attorney (Exhibit 1). • b) Vote on motion to read by Y title only. c) City Attorney to read proposed Ordinance No. 879 by title only. 2.a) Motion to adopt proposed Ordinance No. 879. b) Public comments and discussion. c) Vote on motion. B.1.a) Motion to read by title only proposed Ordinance No. 880, pertaining to the Florida Power and Light Franchise Agreement - City Attorney (Exhibit 2). c) City Attorney to read proposed Ordinance No. 880 by title only. 2.a) Motion to adopt proposed Ordinance No. 880. b) Public comments and discussion. c) Vote on motion. MARCH 1, 2005 - CITY COUNCIL AGENDA - PAGE 3 OF 5 VII. PUBLIC HEARING FOR ORDINANCE AND FINAL PLAT ADOPTION CONTINUED. C.1.8) Motion to read by title only proposed Ordinance No. 881, regarding Future Land Use Map Amendment No. 05-001-SSA, submitted by Rob Willson on of the property owner, CR Investments of Okeechobee - Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 881 by titre only. 2.a) Motion to adopt proposed Ordinance No. 881. . b) Public comments and discussion. c) Vote on motion. DA.a) Motion to read by titre only proposed Ordinance No. 882, regarding Future Land Use Map Amendment No. 05-002-SSA, submitted by property owners David and Anita Nunez - Planning Consultant (Exhibit 4). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 882 by title only. 2.a) Motion to adopt proposed Ordinance No. 882. c) Vote on motion. EA.a) Motion to accept the Dedication and approve the Final Plat of Taylor Creek Estates -City Attorney (Exhibit 5). b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. MARCH 1, 2005 - CITY COUNCIL AGENDA - PAGE 4 OF 5 VIII. NEW BUSINESS. ar A.1.a) Motion to read by title only and set March 15, 2005 as a final public hearing date for proposed Ordinance No. 883, regarding Rezoning Petition No. 05-001- R, submitted by David and Anita Nunez - Planning Consultant (Exhibit 6). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 883 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 883. • b) Discussion. c) Vote on motion. B.1.a) Motion to read by title only and set April 5, 2005 as a final public hearing date for proposed Ordinance No. 884, pertaining to Street and Alley Closing No. 74, submitted by First Baptist Church - City Attorney (Exhibit 7). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 884 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 884. c) Vote on motion. CAA Motion to read by title only and set March 15, 2005 as a final public hearing date for proposed Ordinance No. 885, amending the LDR, Non -Conforming Uses Regulations - City Attorney (Exhibit 8). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 885 by title only. VIII. NEW BUSINESS CONTINUED. MARCH 1, 2005 - CITY COUNCIL AGENDA - PAGE 5 OF 5 C.2.a) Motion to approve the first reading of proposed Ordinance No. 885. b) Discussion. c) Vote on motion. D. Consider a request for a 20 percent reduction of parking, submitted by Close Construction - Chris Close (Exhibit 9). E. Motion to approve a Temporary Street Closing request from the Chamber of Commerce for the Speckled Perch Festival - CityClerk (Exhibit tbtt 10). F. Motion to correct a scriveners error, amending the legal description in adopted Ordinance No. 862 - City Attorney (Exhibit 11). IX. 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. 0 EXHIBIT 1 MARCH 1, 2005 TO: Mayor Kirk and Council Members FROM: Lane Gamiotea, City Clerk A SUBJECT: Ordinance No. 879/Alley Closing No. 74 DATE: February 23, 2004 This is the final public hearing for Ordinance No. 879 reg No. 73 submitted by Chris Close, property owner. The r alleyways in Block 123. Please see attached map. ► All fee's have been paid ($195.00). ► The ordinance was advertised in the Okeechobee ► Easements were required from Sprint and the OUA, easements. Alley Closing Application is to close a both of the on February 18. ordinance addresses the ► The right of reversion clause has been added as requested by City Engineer Bermudez. The reversion states that should the proposed project not receive a Certificate of Occupancy within 24 months after March 1, 2005 the ordinance is null and void. ► There were 20 certified letters mailed to the surroundi 600-foot radius, with no responses to date. Please contact me should you have any questions. Thank you. property owners within a • • ORDINANCE NO. 879 AN ORDINANCE CLOSING, VACATING AND ABANDI OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN E OKEECHOBEE, AS RECORDED IN PLAT BOOK RECORDS, OKEECHOBEE COUNTY, FLORIDA; REE CITY ITS SUCCESSORS AND ASSIGNS, A NONEXCI FOR PUBLIC UTILITIES PURPOSES; RETAINI REVERSION; AND DIRECTING THE CITY CLERK ORDINANCE IN THE PUBLIC RECORDS OF TH CIRCUIT COURT IN AND FOR OKEECHOBEE C PROVIDING FOR AN EFFECTIVE DATE. 1NING THE ALLEYS _OCK 123, CITY OF PAGE 5, PUBLIC -_RVING UNTO THE USIVE EASEMENT IG A RIGHT OF TO RECORD THE CLERK OF THE )LINTY, FLORIDA; WHEREAS, the City has received an Alley Closing Application (No. 73) from CBC Management, Inc., Close Construction, Chris Close, President/CEO, for the closing of two certain alleyways as described in this ordinance to utilize the entire property for future development; and WHEREAS, a review of such application reveals that it is in thbest interest of the citizens of the City of Okeechobee as a whole to grant said a lication; and WHEREAS, the granting of the application will serve a legitirnate public interest and is a proper exercise of the municipal authority of the ity of Okeechobee as a discretionary function; NOW, THEREFORE, be it ordained by the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting;and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section One. The alleyways described hereafter is hreby closed, vacated and abandoned by the City of Okeechobee, lorida to -wit: A fifteen foot wide alley running No to South, between Lots 1 to 6, 7 and 12 within Block 123, ITY OF OKEECHOBEE, according to the plat thereof recorde in Plat Book 5, Page 5 of the public records of Okeechobee Cou ty, Florida; together with A fifteen foot wide alley running East West, between Lots 7 to 9, and 10 to 12 within Block 123, 6MTY OF OKEECHOBEE, according to the plat thereof recordec in Plat Book 5, Page 5 of the public records of Okeechobee Coi inty, Florida. Section Two. The City of Okeechobee, Florida here y reserves unto itself, its successors and assigns, a perpetual, on -exclusive easement for public utility purposes in and over both the alleyways located in said Block 123, CITY OF OKEECHOBEE. Section Three. In the event that the said applicant or his 5uccessor in interest fails to obtain within twenty-four months hereof e certificate of occupancy for development, then said right-of-way sha I be declared open and the provisions of this ordinance declared nul I and void. Section Four. The City Clerk shall cause a certified copy of the ordinance to be Page 1 of 2 • recorded in the public records of County, Florida. Section Five. This ordinance shall be set for final public hearing the 1s' day of March. 2005, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public heari g this 1st day of February, 2005. ATTEST: Lane Gamiotea, CMC, City Clerk PASSED and ADOPTED on second and final public hearing ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor is 18t day of March, 2005. James E. Kirk, Mayor 4qITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLI :7 TION Please type or print: APPLICATION NO. - -'•'" - -T Close Construction Inc. p ' �5F'4 ` MAILING ADDRESS 301 N. W. 4th Avenue + CITY STATE ZIP` Okeechobee, F1 . 34972 aty, I1 1 rI, r,'�r rtfl i�jr .�� is;r, f�ty���j✓��'�'c�i,;'%f s-Pi �i O%i 8 6 3— 4 6 7— 0 8 31 R �iTY�STA'TE ZIPf, Y - t PHONE ttachodtiadditional sheets If more than two Pr+�perty owners are Involved with the sarne Information as required above If ark adjoinir g'prd . erty owner does'hot sign the�application a°notarized original Ipt#er MUST be at#ached ' •f6A .q LEGAL' DESCRIPTION '; NOTE upon closing a streetialley In the CITY OF•915EECHO E or FIRST ADDITION OF CITY OF OKEECHOBEE subdivlslon's there may.be a fee simple late OF STREET/ALLEY y Information st from the Hamrick Tiust. Form more contact t311 CulbreEh 3li50 US Hwy M� S,'okae L.34974 763-31ti4 1 through 6 and That 15 foot N.S. Alley way lying between LotE Lots 7 and 12 in Block 123 City of Okeechobee and that E.W. alley way lying between lots 10 through 12 and lots 7 through 9 PURPOSE OFCLOSING :' of Block 123 in the City of Okeechobee. STREEVALLEY: r a r)roiposed restaurant and parking facility Easement will be granted to utilities on the current alley way runninq North and South. Note: if property is in two names by the word "and" both signatures are required (for example: Jim and Jane Doe). SIGNATURE OF APPLICANT: SIGNATURE OF CO -APPLICANT: Print name: —7-/icr�aS � Print Name: 69 The foregoing instrument was acknowledged before me this 5 ,2oQX by (date) and , who is personally known to me or (applicant) (co -applicant) who produced as identification and who did (did not) take oath. JUDIT ,�1/1-r Notary Public, ommission No:�D.C9 Notary Public, State orida (signature) My comm. expires NZ. s, 79a Name of Nota typed, printed or stamped) comm. Nob6�9 ( YP p ) uic 0 4 3 8 PAGE 171.1 01!VV mps paid in the amount of This Instrument Prepared By = Gass C Intanoble T paid In the amount and Return to: of CONELY & CONELY, P.A. Sharon Robertson, rtc of Circuit Court TOM W. CONELY, ill, ESQUIRE Okeechobo nty, Post Office Drawer 1367 Okeechobee, FL 34973-1367 By: ,� , D.C. Parcel Numbor: 3.15.37-35-0010.01230.0010 Date: Ru- '� /t9' 5D WARRANTY DEED WL I`O THIS WARRANTY DEED made the /8*9 day of May, A.D., 2000, by CLOSE CONSTRUCTION, INC., a Florida Corporation, hereinafter ailed "Grantor", to CBC MANAGEMENT CORPORATION, a Florida Corporation, whose post office address is P.O. Box 2558, Okeechobee, FL 34973, hereinafter called "Gra tee": (%crovar used herein the lornis "grantor" and "grantee" include all the pa des to this Instrument and tiro helm, legal representatives and assigns of Individuals, and the successors an assigns of corporations) WITNESSETH: That the grantor, for and in consideration of ONE DOLLAR and other good and valuable consideration, receipt whereof is her by acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Okeechobee County, Florida, viz: Lots 1 and 2, Block 123, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, of the public records of Okeechobee County, Florida. Subject to Covenants, restrictions, easements of record and taxes for the current year. TOGETHER WITH all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantee t at the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whoms ever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1999. IN WITNESS WHEREOF, the said grantor has signed an day and year first above written. Signed, sealed and delivered CLOSE CONS in our presence: v B Yqr� Printed Name: THOM S C. t P.O. Box 2558, Print a : A)1 fail 77,-- sealed these presents the RUCTION,, lit✓: • ro .OSE, PrW'Ulit, )keecbobee,%j=L 34973 y/1 $ ooumenta SJ pap Id In the amount of Cla s C InI nalble Tax ald In the amount �'L rof S lefk of u►t ourt r.. ID Nober. 3-15-37-35-0010-01230-0010 date c"nee. rt mm 65-0431385 Warranty Deed This Indenture, Made thia // day of October,19 97 A.D., Between H & D LEASING, INC., a corporation existing under the laws of the state of Florida of the County of Broward state of Florida , grantor, and CLOSE CONSTRUCTION, INC., a corporation existing under the laws of the state of Florida whoseaddmuwPost Office Box 2558, Okeechobee, Florida 34973 of the County of Okeechobee , stateof Florida ,grantee. Witnesseth that the aRAM'OR, foram in conalderalios of the men of — — — — — — — — — — — — — - - - - - - - - - - TEN & N01100($10.00) - - - - - - - - - - DOI.twRS,. and other Good and valuable consideration to aRAWOR in head paid by GRAM'$ the reeelpt whereof Is hei eby acknowledged, has granted, bargalood and rod to the said GRAMBfl end ORANII M sucoessors and aulgu forever, the fo owing described land, situate, lying and being In the County of Okeechobee stare of Florida to wits Lots 1, 2, 7, 8 and 9, Block 123, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5 of the pu lic records of Okeechobee County, Florida. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subs quent to December'31st, 1996, PLED For rLCi;E;i' CK!CC!IOL'H .1 . 301310 97 OCT 30 P;1 7 Slit,ROil r',liCl•i s`: : CLERK OF C.IRCWr C0L!;c and the grantor does hereby fully warrant the title to said Land, and will defend the same against lawful clalms of at persona whomsoever. In Witness Whereof, . the greator has hereunto ut his hand and a day and year written. Slsned, sated and delhvred In our presences H & ING, B PrYfited Name g D HXLH2,Fe PRESIDE Zeta O.Addrw U43lldustangTnU,F La 333310 Printed Names Witness COMMONWEALTH OF PENNSYLVANIA (Corporate. COUNTY OF LEBANON t '.,q�"� R The forogoteg Inanment wr edmowleda.d before an this ! ''day of October, 19 1,tt,rttynn!!t!� E DONALD W. HULMES, PRES DENT,,.Q&1E„i D LEASING, INC., T �'!M1wqt; a Florida Corporation.iJ as behaf of the aosporadoe. He Is personally pot or ttea his CJ R ►1"� a '�' �' , N This Doe,raunt Prepared Py a' i4 Q F T CONUY&CXX*LT,ra ' �j'.%:,!�a� a t ,� P red Name: 0 ]OiILQ.ipOirllffiT+c NOTARTPSiBf1C�r +•:+wncyl iYA��. ✓.col®ernoe�rLsaa ��IFI;?0 �, ay�{Uy�y;�I� ROGM1111.A1MNOtD.N�o�aW�ry-,w..��.� �1Y ' ! 1 ,�Il.`.^'^ 1Y1i. 1 '• �i.Wg/e rwYw. t.,� 0 3 �0 3flPj 1112 STATE OF FLORIDA COUNTY OF OKEECHOBEE I HEREBY CERTIFY that on this day, before me, an officer r duly authorized in the State and County aforesaid to take acknowledgements, personally appeared THOMAS C. CLOSE, who is personally known to me or who has produced his driver's license as identification and who executed the foregoing instrument and he acknowledged before me that he executed same. WITNESS my hand and official seal in the County and State last aforesaid this A* day of May, 2000. Yl1 EVA MAE CONEIY (SEAL) '_ MY CAM MISSIONIccMW7 NOTARY P IC State o orid yr EXPIRES: D�ambx 12. 2000 80r*amN„o,,,,PLtkua„„,,,,, My Commission aspires: FIL F h 1,01? hL cofm C CO. FL. 33764R 0011A o Td SFIP.RU;1 ;. T5C'1( T.C.C. r' .C1I)r T t W.. T-e—c— - � L.00 0 This Document Prepared By and Return to: CONELY & CONELY, P.A. TOM W. CONELY, III 401 N.W. 6TH STREET P.O. DRAWER 1367 OKEECHOBEE, FL 34973-1367 Documnnl.3 Stam Olt r ,,,�°i: ry ps Raid i n the a nt of ra h 4 .� 1.,•l i 0 0 6 0 Class C Inlangible'Tax Raid in the ar unt of $ -`0-- Sharori Robertson, ark sic of Circuit Colirt (Aeec tee County Florida By: 6k�`'`t i��t k�r D.C. Date: �in riS r ParcellDNumber: 3-15-37-35-0010-01230-0030 Grantee#1 TIN: Grantee #2 TIN: Warranty Deed This Indenture, Made this III day of July H & D LEASING, INC., a Florida corporation of the County of Broward CBC MANAGEMENT CORPORATION , 2001-A•D., State of F orida a Florida corporatio whose address is: P.O. Box 2558, Okeechobee, FL 34973 of (he County of Okeechobee State of F1 rida Between , grantor, and , grantee. Witnesseth that the GRANTOR, for and in consideration of the sum of ------------------------TEN DOLLARS ($10)----------------------- DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and ass gns forever, the following described land, situate, lying and being in the County of Okeechobee State of F1 rid- a to wit: Lot 3 and the East one-half (E %) of Lot 4, B10 k 123, OKEECHOBEE, actor ing to the plat thereof recorded in Plat ook 5, Page 5, public records of Okeechobee County, Florida. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 2000. FILED FOR RECORD OK EECHOFIVE CODUT Y. 1 1 355534 ?Doi'Iu► 20 PH 1- 17 SHARON CLERK OF CIRCUIT COURT and the grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. In Witness Whereof, the grantor has hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in our presence: H &.D %LEASING INC­., B X4,�Fort (Seal) Printed Name: N LNTWitness P.O. Address: 13451 Musta gale, FL 333301* q_ v _ Printed Name: Witness STATE OF FLO IDA (Corporate Seal) COUNTY OF The foregoing instrument was acknowledged before me this day of JILly , 2001 by DONALD W. HULMES, PRESIDENT of H & D LEASING, INC. on behalf of the corporation he is personally known to me or he has produced his Florida driver's license as i entiCication. Printed Name: J c Notary Public 15 �0! il0a EXPIRES: Apr 13, 2064 My COmn7iSSlnn Expires: -800.3-NOTARY FL Notary Service 6 Bonding, Inc. • r' "T nF FLORIDA t I I :t: 1.10 SEE COUNTY 18 TO CERTIFY THAT THIS IS T.. f!01 AND CORRECT COPY OF "f w! ' Rrid RDS ON FILE IN THIS IAA0N, R B ` TSON. CLERK IN THE CIRCUIT COURT OF THE NINE- TEENTII JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO. 2001-CA-295 Documentary StsmRs ki CBC MANAGEMENT, INC., a $ rl . Florida corporation, Class C Intangible Tax paid Ofs Plaintiff, Sharon Robertson, Clerk of "Okeechobee County, Florkli VS. gy;l E 1�4/iA U�YI VERA JANE SWEET and THE Date; UNITED STATES OF AMERICA, Defendants. CERTIFICATE OF TITLE N0490 PAGE 0814 mount of i, + . " ` ~ "2 amount tv , Court h h� r` s' ?) ' r� The undersigned SI-IARON ROBERTSON, Clerk Of the Court, certifies that she executed and filed a certificate of sale in this action on January 3, 2003, for the property described herein, and that no objections to the sale have for filing objections The following property in Okeechobee County, Flo i AN UNDIVIDED ONE-HALF (1/Z) INTEREST I : Lots 5 and 6 and West 1/2 of Lot 4, Block 123, OKE I the plat thereof recorded in Plat Book 5, page Okeechobee County, Florida, was sold to CBC MANAGEMENT, INC., a Florida corpora 2558, Okeechobee, Florida 34973. WITNESS my hand and the seal of this court on Jo SHAROI r1l.0 FOR RECORD As Clerk OKEECHOBE_E COUNTY, FLF 38402E 03JAN24 PRIZ=25 By �"a Deputy C SHAROti l4Ct3C FIT`soy CLERK OF CIRcurr COURT filed within the time allowed ROBEE, according to 5, public records of 0 0 0 t bV60 - �IJ S 0 DoourneM , t y� aid In the amount of hmI ID N.mM: 3-15-37-35-0010-01230-0100 = VCJ Oru+e. ,t TIN: , 0..... n TIN: CNrk o1 Cki" n , L+' Warranty need This Indenture, Made this /Ll A I th day of April, 1997 A.D. , Bet een ROBERT LINK AND ANNA MARIE LINK, HUSBAND AND WIFE 502 UNION STJtEET fUDS�N NEWnYORK 12534, r..ors, and of the county of matt GI 1VG I► I VM,.e THOMAS C. CLOSE whose address is: P,O.BOX 2558 OKEECHOBEE, FLORIDA 34973 ,State of FLORIDA , grantee(s) Wltnesseth that the GRANTOR(S) , for and In consideration of the sum of - - - • - - - - -TEN & NO1100 ($10.00) - - - - - - - - - - - - - - - - DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE(S) , the receipt whereof is hereby acknowledged, has granted, bargained and sold to said GRANTEE heirs and assigns forever, the following land, st hiate, lying and being In County of OKEECHOBEE State of FLORIDA . To wit: LOTS 10, 11 AND 12, BLOCK 123, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SUBJECT TO covenants, restrictions, easements of record and taxes f the current year. Subject to covenants, restrictions and easements of record. Subject also to taxes for 1"7 and subsequent years. and the grantors) does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. In Witness Whereof,the grantors) has hereunto set his hand and seal the day anj year first above written. Signed, scaled and delivered J--o Ir presence: Q�'+ Islt•- .1 ROBERT LINK rl� Rd wllneSS: E L aKyluON.ii 111 SON, EW YORIC IU / ANNA-MARIE LINK LL,% Witness: PA r.e, e . is 13 ,eAc Xf TT "14114 if"Meer IIUDSON , W PORK I7734 (r ln.d N.m.) (Sit, 1—) Witness: InIMa N.mI ILED�FORECORD c0. FL. witness: .2 9 5,3 3 4 97 HAY 12 PH 3-- 4 4 IAIM.d N.m.l COUNTOY OFNI;W YORK /4-�/,, cLERKROF CIRCUIT COOURT Sworn to and subscribed before me this -3$ i dory of April, 1997 by ROBERT LINK AND ANNA MARIE LINK, HUSBAND AND WIFE who are personally known to me or who have produced a drivers license as identificat oh. This Document Prepated By: Okee-Tantie Title Company, Inc. SUSIE LIPSCOMB ' Post office Box 1211 Okeechobee, Florida 34973';,, n: � � Y i, IND , II .� Nei i,; NOTARY PUBLIC My Commission Expires: an 0.3 D' CAROL ARM MADDISON 1414441y rubite, St.t• 0 Nam.. Yn gwlalod In Columbl• Caunly Ne. 4950401 Commission E+plr- Apr, 24, 19 _ I G Page 2 p.riyy 5 ,,[! q". 4 �. 1•y �1,�1 C Authorized Signature Typed, Name & Title Phone No. Date Spr4# F,.lorid ,) Gl�r�n4�.i���cit�,,Et�� v-rills 4 � ric-�' � �j c40 i 863~Sy rarw 77 E�Cd .7L�3 1 V,s 1f r yy PhorH� Na b� wJ Authorized Signet re Typed Name '& Title hone No. Date OIte�Clipil3ee;Utlllty r4uthoFity..;_; T 00�'S:�11%5�' �i�eiiuqRIND, ¢. O� ,rl Sall t'Y/ST+ g W t^ .fAb Sewltit t.� e r ema� a aye E AsE M�.s A l l e.a, -- /q r ley r►, wi 1 4=1 c o u o- e uJ b E "17 �+`i��A1/ �• �b•o r. JEt all� 6 i? `V's �7./3- 9 6 t i Z.o oT Authorized Signature Typed Name & Title P one No. Date uired Only For City of Okeechobee & First Addition to City of Okeechobee Subdivisions: IC le .' / — G. �u 6 T -4zlze Authorized S gnature Typed Name & Title 37633/rf/ ne No: Date Ye J • Page 3 INSTRUCTIONS: After: l?ages'.1 `ar to the City Clerk's. Office ,The $2'x WILL HAVE THE FOLLOWING'DE PUBLIC WORKS DEPARTMENT Authorized Signature Date Dzryde Rctertsrn, Public Kbrks Director Typed Name & Title POLICE DEPARTMENT d Signature DMnis Davis, Chief of Polio. Typed Name & Title FIRE DEPARTMENT APPLICATION NO:,c, , 5 byap plic nt. Return entire applic is then p id. THE-CLERK'S,OF�iC �pF BELO Authorized4ftnature Typed Name �& Title Date %A thorized Signature Date Fbrb 9nith, F5 m Chief Typed Name & Title ADMINISTRATION r zi e—ILL Date d Signature -_ Bill Vey, City Pdninistrator Typed Name & Title APPLICATION APPROVED BY: LAN GAMITd , CITY CLERK � 'ATE Date 1 Revised 4/3/03-LG 9 oao0ao gill 11 HIM If low amoamm 0omac� cao�ma aa�a aaoao aoaaao caamao moo�o madam: MCI, amnama sva�� o NW 4TH ST (100') o ^ z z ^ s 6 5 4 3 4 3:2 7 6 5 4 3 2 1 O 1 2 1 6 5 6 5 4.3 2 1 9 8 2 Z Q ,- 3 1 7 a s t0 3 s s 11.1 7 .8 9 11 T Episcopal 4 Church 1 5' z NW ST - 0 6 _ v d 6 5 4 3 2 T 6 5 4 3 2 1 5 5 4 32 1 .O 1 6 5 4 3 2 1 9 8 7 I O Lj 7 8 9 1 111 7 8 9 111 7 8 -,co N Q 1 Methodist E � s 011 Church i1 mQ o NW ZND ST 70 60. 4 6 5.4 3.2 1 6 5 4 3 2 1 2 1 1 .0 65 4 3 6.S 4 3 2 1 6 g � t�5 O z. Em 7 8 91 111 7 8 97 11 7 8 9 111 9 11 7 — -North park Street West A FTL=TE [' Alley Closing Application No.73 Surrounding Closed Streets I 8 5 4 3 2 1 7LLU 6 5 4 3 2 1 12! 78 9 it aa(( t2 514 1 NE 7TH ST (100) f6 5 4 3 2 1 6 5 4 `7 8 9 1. 11 1 7 8 :9 aaooaofill ammm�ILI; Q' NE 4TH ST (100') F 0aoamo amna — A ,eeom�uoa0o aon uamvv fill -ill u�v The Okeechobeeks P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in _ Okeechobee County, Florida; that the attached copy of advertise- ment, being a I PUBLI �1-111- 4- T--- --1 in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Swoytito:+�nd subsEribbd before me this day off (,{t Notary Public, State of Florid,,at A yr on ru at city I on and l Intimbers of the sa id hearing. The p opo edhOrdnance members of the public in the Office of ness hours, Mon -Fri. Bam-4:30pm, ex PLEASE TAKE NOTICE AND BE ALI C list any decision made by the City C considered at this hearing, such in i the proceedings, and tar such purpose record of the proceedings is made, hi( and evidence upon which the appe, h t for the sole purpose of backup for ottici In accordance with the Americans will da Statutes 286.26, persons with disabili ater t to partc�i ate in this proceeding sh 215thK hea o' working daYs prior to th tr3+CPu nnen R. Brown :*s Commission #DD272118 Expires: Jan 17, 2008 Bonded Thru Atlantic Bonding Co , Inc CITY CLERK of the City of agea to attend and participate in ay be inspected in its entirety by e City Clerk during regular busi- Pt for holidays. FO that if any person desires to mcit with respect to any matter It ayerson r need toensu e a verbatim record includes the testimony be based. City Clerk tapes are records of the Clerk. )isability Act (ADA) and Flori- s deeding special accommo- Id contact Lane Gamiotea no Droceedingg at 863-763.3372 1-800-222-3448 (voice) or 0 0 ORDINANCE NO. 880 AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF OKEECHOBEE, AND PROVI ING FOR AN EFFECTIVE DATE. EXHIBIT 2 MARCH 1, 2005 WHEREAS, the City Council of the City of Okeechobee, Flon a recognizes that the City of Okeechobee and its citizens need and desire the co n10 u and tind benefits of electric service; WHEREAS, the provision of such service requires substantial investments of capital and other resources in order to construct, maintain and operate facilities essential to the provision of such service in addition to costly administrative functions, and the City of Okeechobee does not desire to undertake to provide such services; and WHEREAS, Florida Power & Light Company (FPL) is a �ublic utility which has the demonstrated ability to supply such services; and WHEREAS, there is currently in effect a franchise agreement belhveen the City of Okeechobee and FPL, the terms of which are set forth in City of Okeechobee Ordinance No. 376, passed and adopted August 5, 1975, and FPL's writtei acceptance thereof dated August 27, 1975 granting to FPL, its successors and assigns, a thirty (30) year electric franchise ("Current Franchise Agreement"); and WHEREAS, FPL and the City of Okeechobee desire to enter nto a new agreement (New Franchise Agreement) providing for the payment of fees o the City of Okeechobee in exchange for the nonexclusive right and privilege of supplying electricity and other services within the City of Okeechobee free of coi petition from the City of Okeechobee, pursuant to certain terms and conditions, nd WHEREAS, the City Council of the City of Okeechobee deems i to be in the best interest of the City of Okeechobee and its citizens to enter into the New Franchise Agreement prior to expiration of the Current Franchise Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA: Section 1. There is hereby granted to Florida Power & Light Company, its successors and assigns (hereinafter called the "Grantee"), for the period of 30 years from the effective date hereof, the nonexclusive right, privilege and ranchise (hereinafter called "franchise") to construct, operate and maintain in, under, u on, along, over and across the present and future roads, streets, alleys, bridges, easements, rights -of -way and other public places (hereinafter called "public rights -of -way") throughout all of the incorporated areas, as such incorporated areas may be constituted from time to time, of the City of Okeechobee, Florida, and its success rs (hereinafter called the "Grantor"), in accordance with the Grantee's customary practice with respect to construction and maintenance, electric light and power facilities, including, without limitation, conduits, poles, wires, transmission and distri ution lines, and all other facilities installed in conjunction with or ancillary to all of the Grantee's operations (hereinafter called "facilities"), for the purpose of supplying electricity and other services to the Grantor and its successors, the inhabitants thereof, and persons beyond the limits thereof. Section 2. The facilities of the Grantee shall be installed, located or relocated so as to not unreasonably interfere with traffic overthe public right -of-way orwith reasonable egress from and ingress to abutting property. To avoid con icts with traffic, the location or relocation of all facilities shall be made as representatives of the Grantor may prescribe in accordance with the Grantor's reasonab a rules and regulations with reference to the placing and maintaining in, under, upon, along, over and across said public rights -of -way; provided, however, that such rules or regulations (a) shall not prohibit the exercise of the Grantee's right to use said public rights -of -way for reasons other than unreasonable interference with motor vehicular traffic, (b) shall not unreasonably interfere with the Grantee's ability to furnish reasonably sufficient, adequate and efficient electric service to all of its customers, and (c) shall not require the relocation of any of the Grantee's facilities installed before or after the effective date hereof in public rights -of -way unless or until widening or otherwise changing the configuration of the paved portion of any public right-o way used by motor vehicles causes such installed facilities to unreasonably interfem with motor vehicular traffic. Such rules and regulations shall recognize that above -grade facilities of the Grantee installed after the effective date hereof should be installed near the outer boundaries of the public rights -of -way to the extent possible. When e ny portion of a public right-of- way is excavated by the Grantee in the location or reloce tion of any of its facilities, the portion of the public right-of-way so excavated shall within a reasonable time be replaced by the Grantee at its expense and in as good condition as it was at the time of such excavation. The Grantor shall not be liable to the Grantee for any cost or expense in connection with any relocation of the Grant e's facilities required under subsection (c) of this Section, except, however, the Grantee shall be entitled to reimbursement of its costs from others and as may be provided by law. Section 3. The Grantor shall in no way be liable or responsible for any accident or damage that may occur in the construction, operation or maintenance by the Grantee of its facilities hereunder, and the acceptance of this ordinance shall be deemed an agreement on the part of the Grantee to indemnify the Grantor and hold it harmless against any and all liability, loss, cost, damage or expense which may accrue to the Grantor by reason of the negligence, default or misconduct of the Grantee in the construction, operation or maintenance of its facilities hereunder. Section 4. All rates and rules and regulations establishec by the Grantee from time to time shall be subject to such regulation as may be provided by law. Section 5. As a consideration for this franchise, the Grantee shall pay to the Grantor, commencing 60 days after the effective date hereof, and E ach month thereafter for the remainder of the term of this franchise, an amount whic added to the amount of all licenses, excises, fees, charges and other impositions of e ny kind whatsoever (except ad valorem property taxes and non -ad valorem tax assessments on property) levied or imposed by the Grantor against the Grantee's property, usiness or operations and those of its subsidiaries during the Grantee's monthly billinc period ending 60 days prior to each such payment will equal 5.9 percent of the Gra tee's billed revenues, less actual write-offs, from the sale of electrical energy to residential, commercial and industrial customers (as such customers are defined y FPL's tariff) within the incorporated areas of the Grantor for the monthly billing period ending 60 days prior to each such payment, and in no event shall payment for the r ghts and privileges granted herein exceed 5.9 percent of such revenues for any m nthly billing period of the Grantee. The Grantor understands and agrees that such revenues a described in the preceding paragraph are limited, as in the existing franchise Ordinance No. 376, to the precise revenues described therein, and that such revenues do not include, by way of example and not limitation: (a) revenues from the sale of electrical energy for Public Street and Highway Lighting (service for lighting public ways and areas); (b) revenues from Other Sales to Public Authorities (service with eligibility restrictec to governmental entities); (c) revenues from Sales to Railroads and Railways (service supplied for propulsion of electric transit vehicles); (d) revenues from Sales for Resale (service to other utilities for resale purposes); (e) franchise fees; (f) Late Payment C rges; (g) Field Collection Charges; (h) other service charges. 2 is electric Section 6. As a further consideration, during the term of his franchise or any extension thereof, the Grantor agrees: (a) not to engage in the competition with the Grantee, of electric capacity and/or distribution and/or sale, in lectric energy to any ultimate consumer of electric utility service (herein called a "retail customer") or to any electrical distribution system established solely to serve any retai customer formerly served by the Grantee, (b) not to participate in any proceeding or contractual arrangement, the purpose or terms of which would be to obligate the distribute, electric capacity and/or electric energy from Grantee to transmit and/or third any retail customer's facility(ies), and (c) not to seek to havethe party(ies) to any other Grantee transmit and/or distribute electric capacity and/or electric energy generated by or on behalf of the Grantor at one location to the Grantor's facility(ies) at any other location(s). Nothing specified herein shall prohibit the Grantor from engaging with other utilities or persons in wholesale transactions which are subject to the provisions Nothing herein shall the Grantor, of the Federal Power Act. prohibit if permitted capacity and/or electric energy from any other parson, by law, (i) from purchasing or (ii) from seeking to have the Grantee transmit and/or distribute to any facility(ies) of the Grantor electric capacity and/or electric energy purchased by the Grantor from any other person; provided, however, that before the Grantor elects to purchase electric capacity and/or electric energy from any other person, the Grantor shall notify the Grantee. Such notice shall include rates, terms and conditions which have been a summary of the specific offE identify the Grantor's facilities to be served under red by the other person and the offer. The Grantee shall thereafter have 90 days to evaluate the offer an , if the Grantee offers rates, terms and conditions which are equal to or bett r than those offered by the other person, the Grantor shall be obligated to cc ntinue to purchase from the Grantee electric capacity and/or electric ener identified facilities of the Grantor for a term y to serve the previously - no shorter other person. If the Grantee does not agree to than that offered by the rates, terms and conditions which equal or better the other person's offer, all Df the terms and conditions of this franchise shall remain in effect. Section 7. If the Grantor grants a right, privilege or franchise to any other person or otherwise enables any other such person to construct, ope ate or maintain electric light and power facilities within any part of the incorporated area 3 of the Grantor in which the Grantee may lawfully serve or compete on terms and co iditions which the Grantee determines are more favorable than the terms and cond tions contained herein, the Grantee may at any time thereafter terminate this franchise if such terms and conditions are not remedied within the time period provided hereafter. The Grantee shall give the Grantor at least 60 days advance written notice of its intent to terminate. Such notice shall, without prejudice to any of the rights reserved for the Grantee herein, advise the Grantor of such terms and conditions that it considers more favorable. The Grantor shall then have 60 days in which to correct or otherwise remedy the terms and conditions complained of by the Grantee. If the Grantee determines that such terms or conditions are not remedied by the Grantor within said tirle period, the Grantee may terminate this franchise agreement by delivering written notice to the Grantor's Clerk and termination shall be effective on the date of delivery o such notice. Section 8. If as a direct or indirect consequence of any legislative, regulatory or other action by the United States of America or the State of Florida (or any department, agency, authority, instrumentality or political subdivision of either of them) any person is permitted to provide electric service within the incorpora ed areas of the Grantor to a customer then being served by the Grantee, or to any new applicant for electric service within any part of the incorporated areas of the Grantor in which the Grantee may lawfully serve, and the Grantee determines that its obligations hereunder, or otherwise resulting from this franchise in respect to rates and service, place it at a competitive disadvantage with respect to such other person, the Grantee may, at any time after the taking of such action, terminate this franchise if such competitive disadvantage is not remedied within the time period provid d hereafter. The Grantee shall give the Grantor at least 90 days advance written notice of its intent to terminate. Such notice shall, without prejudice to any of the rights rese ed for the Grantee herein, 3 advise the Grantor of the consequences of such action which resulted in the competitive disadvantage. The Grantor shall then have 90 days in which to correct or otherwise remedy the competitive disadvantage. If suc competitive disadvantage is not remedied by the Grantor within said time period, th Grantee may terminate this franchise agreement by delivering written notice to the rantor's Clerk and termination shall take effect on the date of delivery of such notice. Section 9. Failure on the part of the Grantee to comply in any substantial respect with any of the provisions of this franchise shall be grounds for forfeiture, but no such forfeiture shall take effect if the reasonableness or propriety thereof is protested by the Grantee until there is final determination (after the expiration or exhaustion of all rights of appeal) by a court of competent jurisdiction that the Grantee has failed to comply in a substantial respect with any of the provisions of this franchise, and the Grantee shall have six months after such final determination to make good the default before a forfeiture shall result with the right of the Grantor at its discretion to grant such additional time to the Grantee for compliance as necessities in the case require. Section 10. Failure on the part of the Grantor to comply ill of the provisions of this ordinance, including but not limited substantial respect with any use of public rights -of -way for reasons otherthan unreasonable to: (a) denying the Grantee interference with motor vehicular traffic; (b) imposing conditions for use of putilic Florida law or the terms and conditions this franchise; rights -of -way contrary to of issuing the Grantee a use permit, if any, to construct its facilities (c) unreasonable delay in in public rights -of -way, shall constitute breach of this franchise and entitle the Grantee the payments provided for in Section 5 hereof to withhold all or part of until such t! or a court of competent jurisdiction has reached a final det me as a use permit is issued rmination in the matter. The Grantor recognizes and agrees that nothing in this franch shall be deemed to constitute a waiver of the Grantee's se agreement constitutes or condemnation and that the Grantee, in its sole discretion, Jelegated sovereign right of may exercise such right. Section 11. The Grantor may, upon reasonable notice ai id within 90 days after each anniversary date of this franchise, at the Grantor's expense, examine the records of the Grantee relating to the calculation of the franchise paymen forthe year preceding such anniversary date. Such examination shall be during no mal business hours at the Grantee's office where such records are maintained. Records not prepared by the Grantee in the ordinary course of business may be provided at the Grantor's expense and as the Grantor and the Grantee may agree in writing. Information identifying the Grantee's customers by name or their electric consumption shall not be taken from the Grantee's premises. Such audit shall be impartial and allaudit findings, whether they decrease or increase payment to the Grantor, shall be reported to the Grantee. The Grantor's right to examine the records of the Grantee in accordance with this Section shall not be conducted by any third party employed by the Grantorwhose fee, in whole or part, for conducting such audit is contingent on finding of the audit. Grantor waives, settles and bars all claims relating in any Way to the amounts paid by the Grantee under the Current Franchise Agreement embodied in Ordinance No. 376. Section 12. The provisions of this ordinance are interdependent upon one another, and if any of the provisions of this ordinance are found or adjudged to be invalid, illegal, void or of no effect, the entire ordinance shall be null and void and of no force or effect. Section 13. As used herein "person" means an individual, a partnership, a corporation, a business trust, a joint stock company, a trust, an incorporated association, a joint venture, a governmental authority or any other entity of whatever nature. Section 14. Ordinance No. 376, passed and adopted Auoust 5, 1975 and all other ordinances and parts of ordinances and all resolutions a d parts of resolutions in conflict herewith, are hereby repealed. Section 15. As a condition precedent to the taking effect of shall file its acceptance hereof with the Grantor's Clerk wit 0 ris ordinance, the Grantee in 30 days of adoption of • • this ordinance. The effective date of this ordinance s Grantee files such acceptance. INTRODUCED for first reading and set for final pub February, 2005. James E ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public 2005. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney 5 James E. Ki II be the date upon which the hearing on this 15'h day of Mayor ring this 1 st day of March, Mayor The Okeechobee *WS Y.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a _— in the matter of in the l9th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of - -1 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. tt subscritkd'before me this day of A.D. 20 Public, State of Florida at Large A PLEASE TAKE NOTICE that the Citrtyy C u pRonda will on Tuesdayy, March 1, 2005 a HEARING t and lhereafteE consider M I nance into law: ND. 880. AN ORDIN POWER 8 LIB., enru.... All members of the public are encour; said hearmember'sing. The proposed Ordinance mt of th( ness hours, IleFnhBam-4.•30pthe �m; exce PLEASE TAKE NOTICE AND BE ADVISI appeal any decision made by the City co' considered at this hearing, such interest' the proceedings, and for such purpose n record of the proceedings is made, which and evidence upon which the appeal is to for the sole purpose of backup for ofllclal In accordance with the Americans with da Statutes 286.26, persons with disabilitit dat on to particippate m this proceeding shoe later than two (2) working days prior to the x2I1 if hearingg or voice impaired, call TD[ 1-888-447-5620 � (M . Lane Gamiotea, CM, CITY CLERK i55016 ON 2/18/05 trA anrlen R. Brown Commission #DD272118 Expires: Jan 17, 2008 9rFoii��s. Bonded Thru Atlantic Bonding Co - htc of the City, of 4TNLY PAYMENTS .. THE DR AN EFFECTIVE DATE. to attend and participate in inspected in its entirety by y Clerk during regular busk )r holidays. tat if any person desires to with reppect to any matter ,rson will need a record of teed to ensure a verbatim trd includes the testimony lased. City Clerk tapes are Drds of the Clerk. bility Act (ADA) and Flod- teding special accommo- or • TO: Mayor Kirk and Council Members FROM: Lane Gamiotea, City Clerk j,04 SUBJECT: Ordinance No. 881/Future Land Use Map Amend DATE: February 23, 2004 This is the final public hearing for proposed Ordinance No. 88 Plan Future Land Use Map Amendment No. 05-001-SSA sL behalf of the property owner, CR Investments of Okeechobe the land use designation on Lots 14-16 of Block 19, CITY OF 1 Family to Multi -Family. The amendment would make both the consistent since the current zoning is Residential Multiple -Far at the corner of Northwest 3rd Avenue and 12th Street. • All fee's have been paid ($500.00). • The ordinance was advertised in the Okeechobee 10 EXHIBIT 3 MARCH 1, 2005 No. 05-001-SSA regarding Comprehensive )mitted by Rob Willson on The request is to change ►KEECHOBEE from Single zoning and land use maps lily. The property is located on February 18. • The Planning Staff found the application to be consistent with the Comprehensive Plan has recommended approval. The Land Planning Agency discussed the application at the February 22, 2005 meeting and are r commending a -Loyal. • Due to this being a small scale (less than 10 acres) ar to mail notices to the surrounding property owners, nor Please do not hesitate to contact me should you require regarding this application. Thank you. ment, it is not required a sign on the property. additional information • ORDINANCE NO. 881 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FI THE CITY OF OKEECHOBEE COMPREHENSIVE I NO.635 AS AMENDED, BY REVISING THE FUTURE A CERTAIN TRACT OF LAND MORE PARTICUL HEREIN FROM SINGLE FAMILY TO MULTI-FAMLLI INCLUSION OF ORDINANCE AND REVISED FUTURI THE COMPREHENSIVE PLAN; PROVIDING FOR AN WHEREAS, the City Council of the City of Okeechobee orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, provide for amendment to Adopted Comprehensive WHEREAS, the City has received and reviewed certain applice a small-scale amendment to the Future Land U: Comprehensive Plan, and said application(s) being re Planning Agency at a duly advertised meeting, and subs determined such applicant(s) to be consistent with the appropriate to the future land uses within the City; and .ORIDAAMENDING 'LAN, ORDINANCE LAND USE MAP ON kRLY DESCRIBED PROVIDING FOR LAND USE MAP IN EFFECTIVE DATE. the need to plan for is Administrative Code ; and ion(s), No. 05-001-SSA for Element of the City's hewed by the City's Land iitted by staff report, which Comprehensive Plan and WHEREAS, the City has agreed with the recommendations of the Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amenc ment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Acti ities Comprehensive Plan Amendment is adopted pursuant to the provisions of hapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land consisting of appr ximately .0517 acre(s) is hereby redesignated for purposes of the Future L nd Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 05-001-SSA, from Single �mily to Multi -Family. The Legal Description of Subject Property is a follows: Lots 14, 16, and 16 of Block 19, CITY O according to the plat thereof recorded in 5, Public Records of Okeechobee Coun OKEECHOBEE, lat Book 5, Page , Florida. Page 1 of 2 • is SECTION 4. INCLUSION OF ORDINANCE USE MAP IN THE COMPREt It is the intention of the City Council of the City of c hereby provided, that the provision of the Ordinance, Land Use Map more particularly described as "Fu Okeechobee, March 19, 1991, as amended De incorporated herein by reference, shall become and Okeechobee Comprehensive Plan (City of Okeech amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declare( jurisdiction to be void, unconstitutional, or unenfon provisions and portions of this ordinance shall remain SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No. days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on this T" ATTEST: Lane Gamiotea, CMC City Clerk PASSED AND ADOPTED after first reading on this If day of ATTEST: Lane Gamiotea, CMC City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook City Attorney REVISED FUTURE LAND IVE PLAN. echobee, Florida and it is the revisions to the Future Land Use: 2000 City of fiber 6, 1994," which is made a part of the City of e Ordinance No. 635, as by any court of competent :able, then all remaining i full force and effect. 881 shall be thirty-one (31) ay of March, 2005. James E. Kirk Mayor 2005. James E. Kirk Mayor Page 2 of 2 n LJ City of Okeechobee General Services Department 55 S.E. 3r' Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863)763-1686 Date: ,DA'05 Petition No. 05 - ss Fee Paid: ) Jurisdiction: 1 C C - 50Ist Hearing: CjCj 2nd Hearing: Publication Dates: �Plq Notices Mailed: Comprehensive Plan Map Amendment Application Please Clieck One: ✓Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) 6/A P P L I C A N T operty owner(,): e � -ee, ing address: — wb u u 0 (� plicant(s) if other than owner (state relationship): VNameof .e y Li ailing address: ntact person (state relationship):on daytime hone(s): - Fax: 3_ g ✓ Property address / directions to property: SE Parcel Identification Number: Size of the Property (in acres): Current Zoning Designation: �m�- j�eS P ILI R Current Future Land Use Designation: 5 `- O 1, Existing Use of the Property: _lox An V E 11 Proposed Future Land Use Designation: F R T Proposed Use of the Property: Y iivZ� I��LTi►.; I MUVVI ,\ Description of Surrounding Properties: Legal Description of the Property (Lengthy Description May be Attach d): Uniform Land Use Application (rev. 12/03) Page 1 of 2 Required Attachments Survey of Property (I I" x 14", 20" Scale) Appli Letter Outlining Request City L ation Fee (non-refundable) cation Map Notarized Letter of Owner's Authorization Confirmation of Information Accuracy I 11crcby certily that the information in this al)plicalion is correct. The inror nation included in this application is for use by the City of Okeechobee in processing my request. misleading information may be punishable by a fine of up to $500.00 and ii False or aprisonment of up to Cd s a d ma result in the summar denial of this application. Date' Signature Printed Name TI—o -1 n i '7 0 Letter of Agent Authorization The undersigned sole owners of CIZ Investments of Ok authorize D. Robert Willson to be the agent representir regard to a Land Use change application on three lots it of Okeechobee submitted to the City of Okeechobee. D. Robert Willson Carl :Ferrero State of County - On this In _day of — / A Date Date to me known to be the person who exec foregoing instru and acknowI r executed the me s free act an SEAL (sign d) Notary Public ,chobee, Inc. hereby the Company in Flock 19 of the City �j" Teresa C. Sallette ? .Commission # DD092091 9� coP n 13, 2W5 ����Du , � Atlantic Bonding o., rnc. • Prepared by and return to JOHN D. CASSELS, JR. Attorney at Law Cassels & McCall P.O. Box 968 400 NW Second Street Okeechobee, FL 34973 File No.: 1507 t_f ['1 2 r=t r=r s. rr 0 3. SIIAIiI IJ I?0IlER'lS,0lli cLEk% OF CIRCUIT cOUlil I'WI- 111WEE CDUIllyr IL Rl:(01:f)EG rig/p5/'?iiij4- 132:26.1jPH 'Iil hG FEES 6.01) lit_tai GOC 11J6"IJ�i RE(01'GEG ['y II Arnold Parcel Identification No 3-15-37-35-0010-00190-0140 Above This Line For Recording Warranty Deed (STATUTORY FORM - SIX] ION 689,02, F.S.) This Indenture made this 5th day o1 February, 2004 Between YOLANDA S. HARRISON whose post office address is 704 SE 14th Avenue, Okeechobee, FL 34974 of the County of Okeechobee, State of Florida, grantor", and CR INVESTMENTS OF OKEECHOBEE, INC., a Florida corporation whose post ffice address is 410 SE 2nd Avenue, Okeechobee, FL 34974 of the County of Okeechobee, Stale of Florida, ranlee", Wilnesseth that said grantor, tot and in consideration of the sum of TEN AND N /100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee. the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee'E Heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County Florida, to -wit: Lots 14, 15, & 16, Block 19, CITY OF OKEECHOBEE, according to the plat ther Page 5, Public Records of Okeechobee County, Florida. Property does not constitute the homestead og the Grantor. Subject to restrictions, reservations and easements of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the all persons whomsoever. "'Grantor" and "Grantee" are used for singular or plural, as conlexl In Witness Y'\'hcreof, grantor has hereunto set grantor's hand and seal the day Signed, sealed and delivered in o presence: i 1 Ist VJib ess-Si,neune YOL NDA S. 1-1, I st \\ rtties I rent Name 1—1 ul ) . 14 i-, 2n \':'i s-Signature ---- 2nd \✓itness-Print Name State of -Florida County ol'Okeechobee fhc 1'01 egoin, instrunWill +yas.acknowledged [) ,lfne tire this 5111 day OH'CIA 2004 by personally known or (�I' has produced as id( JNouuy Seal) ---- iJ la y Public Karin Ammons Pr lnt d Name: � Y My Conunission-Gsliir _ My commission OD211896 a nod Expires Jury 11, 2007 f recorded in Plat Book 5, same against lawful claims of d year first above written. ISON 'OLANDA S_ 1-IARRISON, who 11ification. BCUNDARY SURVEY LOCATED IN SECTICN 16, TOWNSHIP 37 SOUTH, RANGE 35 EAST TALLAHASSEE MERIDIAN OKEECHOBEE COUNTY, FLORIDA DESCRIPTION Lots 14, 17, and 16, Block 19, OKEECHOBE7 accorcing to the bic thereof recorded in Pict Bock 5, Page 5, Public Records of Okeechobee County, Florida. I SURVEYORS NOTES _ I Subject to easements and restrictions of record. Lends described hereon not abstracted by this office. 35_00_ Uncerground utilities and foundations are not shown. a — W I 1 — FD 5/8- IR NO ID NUMBER The description shown hereon was provided by the W I y client and/or his/her agent. ] I H QIw Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. } The surveyor did not interview adjoining land owners for unrecorcec deeds or easements. co Elevations, if cry, ore based upon assumed datum. Z Lv!I Lands shown hereon ore in Flood Zone C, cs scaled from I� E�1A FIRM pane! no. 120177 02006, datec 2-4-31. o jo Adcress: NW 1 2TH STREET, OKEECHOBEE, FL. Z I it I SURVEYORS CERTIFICATE hereby certify that the attached sketch of survey c of ,one hereon described property is true c+ - z to tie best es my knowledge and belie' as surveyed x c� c in the field under my direct supervision. Subject to c the Guelificaticns noted hereon. TO' R/W S89'56'51"E 50.02' M 0.00 P S89'S6"5, = NW 1 2TH STREET 150.06 FORMERLY JGh E,-H STREET EDGE OF=rvEMENT 3 50.02' M 50.00' P 0.52 ACRES± TOTAL oTo o � 'n 0 "7I O O 150.06' I In FENCE CORNER 150.06' 0.2'E. 0.4'S C— FO 5/B- IR NO iD NUMBER LOT 16 o LCT 15 x!b O o BLOCKI9 0KEECH0 C- PLAT BOOK5, PACE -5 OKEECHOBEE COUNTY] FLORIDA I C--I i t 50.00' P Jcmes R. Almcnd, PSIVI — 35_00_ 50.C2' ,m Pro°essionel Surveyor -Mapper sa9'59'- — SET 5/8- IRc _ Florida Registration No. LS tiF^C81 CERTIFIED TO ONLY THE FOLLOWING PARTIES: Drown By: T, C. CR INVESTMENTS OF OKEECHOBEE I JAMES R. ALMOND PSM PROFESSIONAL LAND c RV "OR MAPPER ONS n * O 1 2973 SW 3RD TERRACE OKEECHOBEE, FLORIDA 34974-2684 TEL: (863) 467-5700 FAX: (863) 467-6121 EMAIL: almond®okeechobee.Com SCALE:" r L08K/P?GE ! REMISIGNSI SURVEY DATE: DECEIMBER 29, 2CC4 1_ 30' 13/75 I RRo„Ec- No. 4246 NCH ! THIS BAR IS INTENDED 70 MEASURE I INCH LONG SHEET MAP OF BOUNDARY SURVEY AT THE SCALE SHOWN. •F BAR MEASURES DIFFERENTLY ENLARGE OR REDUCE ACCCRDINGLY. 50.00' P 5C.02' .M N89'S9'05'W 150.06' M 1 5' ALLEY '50.DG' P LOT 18 I 5C.J2' M 5C. 0' P L', 4 MCl- C) o `n CHAINUNK FENCE LOT 5C.--0' P FENCE CORNER 0.4'E, 2- 50..2' M 0- FD I/2" IR NO ID NUMBER -C 19 LOT 2C PREPARED FOR: CR INVESTMENTS OF OKEECHOBEE I LEGEND M ME4SURED DIME.NSICN 0 = DEED : MENSCN P PIA7 GMENSION CM = CONCRETE MONUME'.'- IR = IRON ROD ITC �RON ROD WITH CAP WM WATER METER WV = WATER VALVE UP = UTILITY POLE SPRINT = SPRINT = ARC LENGTH = CENTRAL .MOLE R RADIUS DISTANCE CH CHORD SF = SCUARE FEET GAL = GALLCN FD = FOUND P9 = PLAT ECOK PG = PAGE ORB = ^F7C: L RECCROS Cl RAD = RAOUL .NR NOT RACIAL 1375 Jack#treet, Suite 206 Fort Myers, . lorida 33901-2845 : Phone: 39-334-3366 Fax: 239-334-6384 Email: 1 rue-planning(a,att.net Staff Report - Sm Comprehensive F Amendment Prepared for: Applicant: From: The City of Okeet D. Robert Wilson Single Family to Petition No. 05-001-SSA III Scale Ian Family Staff Report Small -Scale Comprehensive Plan Amendment Applicant: D. Robert Wilson Petition No. 05-001-R Applicant: D. Robert Wilson Applicant Address: 410 SE 2 nd Avenue 34974 Okeechobee Applicant Phone Number: 863-763-0999 Owner: CR Investments of Okeechobee Owner Address: Same as Above Owner Phone Number: Same as Above Futurc land Use Classification Single family Multi FamilyZoning District RMF Residential Same General 1 Use of Property Vacant _Multi -Family (duplex) Acreage 0.517 0.517 Access Location: SE Corner of NE 3rd Avenue and NW 1211f Street Legal Description: Lots 14, 15, and 16, Block 19, OKEECH BEE, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida The applicant is requesting an amendment to the City oc Okeechobee Future Land Use Map, previously adopted by Ordinance, from Single Famil to Multi Family to allow a higher density on the subject property. Based on the size of the property, the application qualifies under Chapter 163 of the Florida Statutes as a Small Scale Amendment to the Plan. North: Future Land Use Classification Zoning District: Existing Land Use: East: Future Land Use Classification Zoning District: Existing Land Use: South: Future Land Use Classification: Zoning District: Existing Land Use: Single Family RMF residence Single Family RMF residence Single Fan ily RMF vacant • Staff Report Small -Scale Comprehensive Plan Amendment West: Future Land Use Classification: Multi Famil, Zoning District: RMF Existing Land Use: vacant i Applicant: D. Robert Wilson Petition No. 05-001-R The property is within the RMF zoning district and is designated as Single Family on the Future Land Use Map. The applicant proposes to amend the Future Land Use Map to allow Multi -Family as a land use designation on the property. This would provide consistency with the exiting zoning and the Surrounding land uses. The applicant intends to construct a duplex on the site. A. Consistency with the Land Use Categories and Based on the application, it would appear that the pr( consistent with Objective 2 and its corresponding po Element. In addition, the proposed Multi -Family des consistency with the RMF zoning district for this prc B. Concurrency of Adequate Public Facilities Public water and sewer are available to the property issues will be addressed when the applicant applies n Policies. )osed use (duplex) is cies in the Future Land oration would create 1y other Concurrency a site plan review. C. Compatibility with Adjacent and Nearby Land U�es The change from Single Family to Multi Family will not create an incompatible use with the surrounding neighbohood. The subjectproperty's close location to other property zoned for multi -family uses create compatibility with the exiting land uses. Also, the southwestern portion of this Block is in the Commercial Future Land category. D. Compliance with Specific Standards of the Plan. The proposed future land use amendment is in comp iance with the specific standards of the Comprehensive Plan. The existing Comprehensive Plan goals, objectives, and policies will support multi- family uses at this location. Staff recommends approval of the applicant's request to amend the Future Land Use Map from Single Family to Multi Family as the request is consistent with the City of Okeechobee's Comprehensive Plan. Submitted by: James G. LaRue. AICP 17 February 2005 AGENDA IV. Minutes - Secretary. A. Motion to dispense with the reading and approve the Summary of Agency Action for the January 25. 2005 regular meeting, continued. • V. New Business. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- 001-SSA. Consider a recommendation to the City Council, to change the land use designation from Single -Family to Multi -Family. The subject property is located at the Southeast comer of NW 3rd Avenue and NW 12th Street. CR Investments of Okeechobee is the property owner, D. Robert Willson is the applicant - City Planning Consultant. February 22, 2005 - Land Planning Agency - Page 2 of 7 ACTION - DISCUSSION - VOTE VOTE .TONES - YEA T. KELLER - YEA K. KELLER - YEA LEDFERD - YEA MAVROIDES- YEA MAXWELL - YEA MCCOV - YEA MOTION CARRIED. IIJock Robertson, representative of City Planning Consultant LaRue Planning and Management. briefly described the Staff Report as follows: Planning Staff Report Summary of Application: The property is within the RMF zoning district and is designated as Single Family on the Future Land Use Map. The applicant proposes to amend the Future Land Use Map to allow Multi -Family as a land use designation on the property. This would provide consistency with the existing zoning and the surrounding land uses. The applicant intends to construct a duplex on the site. Planning Staff Report Comprehensive Plan Analysis: (A) Based on the application, it would in the Future Land Element. In addition, the proposed Multi -Family designation would create consistency with the RMF zoning district for this property. (B) Public water and sewer are available to the property. Any other concurrency issues will be addressed when the applicant applies for a site plan review. (C) The change from Single Family to Multi Family will not create an incompatible use with the surrounding neighbohood. The subject property's close location to other property zoned for multi -family uses create compatibility with the exiting land uses. Also, the southwestern portion of this Block is in the Commercial Future Land category. (D) The proposed future land use amendment is in compliance with the specific standards of the Comprehensive Plan. AGENDA ACTION - DISCUSSION - VOTE � - February 22, 2005 - Land Planning Agency - Page 3 of 7 IV. New Business, continued. � A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- 001-SSA, continued. Planning Staff Report Analysis and Conclusions: The existing Comprehensive Plan goals. objectives, and policies will support multi -family uses at this location. Staffrecommends approval of the applicant's request to amend the Future band Use Map from Single Family to Multi Family as the request is consistent with the City of Okeechobee's Comprehensive Plan. There was no discussion from the Agency, no public comments. • Agency Member McCoy motioned to recommend to City Council to approve Comprehensive Plan. Future Land Use Map Amendment Application No. 05-001-SSA to change the land use designation from Single -Family to Multi -Family: seconded by Agency Member T. Keller. VOTE JONES - YEA T. KELLER - YEA K. KELLER - YEA LEDFERD - YEA MAVROIDES- YEA MAXW'ELL - YEA MCCOY-YEA MOTION CARRIED. B. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- Jock Robertson. representative of City Planning Consultant LaRue Planning and Management. 002-SSA. Consider a recommendation to the City Council, to change the land briefly described the Staff Report as follows: use designation from .Sina1P_F.—;1. — r, - 3uuJcct Yruperly is located at the Southwest corner of NE 7`' Street and NE _," Avenue. David and Anita Nunez are the property owners and applicants - City Planning Consultant. Planning Staff Report Summary of Application: The applicants are the legal owners of the property and request an amendment to allow the property to be re -designated as commercial. The property is under contract for sale to the Big Lake Baptist Association. In a letter from the association, the pastor states that the office will serve as the headquarters of all the cooperating Southern Baptist Churches around Lake Okeechobee. The properties north of this Block are in the Industrial future land use category and some of Block 78 has recently been re -designated as commercial. The Okeechoe News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECBOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ) Swornfio alp subscrltb�d before me this day of _. ! �ii "L6 ' A.D. 20 C , . -t 7 Notary Public, State of Flonda ai Large ; r. . PUBLIC NOTICE CONSIDE TION OF ADOPTING A C ORDINANCE PLEASE TAKE NOTICE that he C'ddyy Council of the City of Okeechobee, Honda will on Tuesdayy, March 1, 2005 at 6:00 p.m, or as soon thereafter possible; at City Hall, 55 SE 3 'Ave., Okeechobee, FL conduct a PUBLIC HEARING on and thereafter c sider final reading of the following Ordi- nance into law: MENDI: AN ROMANCE OF THE CITY OF OKEECHO- SIVE RE LAND D E M N0. CITY OF OKEECHOBEE 635 AS AMENDED, By REVISING THE FUTURE LAND USE MAP ON CERTAIN TRACT OF LAND MORE PAR- TICULARLY pESCRIBEO HER IN FROM SINGLE FAMILY TO MULTI- FAMILY; PROVIDING FOR IN USION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN T E COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. The urpose of the ordyiin((ance is to change the Fu)ture Land Use des' - located�at he comer of INc r SF))e t Brit Multi-Family end F? for th vacs t pr PeT; scrlptlon beingg Lots 14, 15 and 6 of Block 19, City of Okeechobee, Plat Book 5, Page 5 Public Records, Okeechobee, County, Florida and is ap- proximately 0.52 acre. The pro sed use of the property is for a multi- family duplex. All members of the public are encouraged to attend and participate in said hearing. The proposed Ordin ince may be inspected in its entirety by members of the public in the Offi a of the City Clerk during regular busi- ness hours, Mon-Fd, Bam-4:30p n, except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that it any person desires to appeal any decision made by the dy Council with respect to any matter Considered at this hearing, such I terested person will need a record of the proceedings, and for such Pu Tiose may need to ensure a verbatim record of the proceedings is mad(, which record includes the testimony Trod evidence upon which the appeal is to be based. City Clerk tapes are 'for the sole purpose of backup to official records of the Clerk. In accordance with the Americas with Disability Act (ADA) and Flod- da Statutes 286.26, persons with disabilities needing special accommo- dation to par0c?pte in this procee ing should contact Lane Gamiotea no later than two (2) working days prii ir to the proceedingg at 863-763-3372 x215; if hearing or voice impaired, call TOO 1-800-222-3448 (voice) or 1-888-447-562 0 Lane Gamiotea, CM , CITY CLE K 555018 ON 2/18/05 -Karmen R. Brown Commission #DD272118 Expires: Jan 17, 2008 Bonded Thru At!rndr BoiidMg Co.. In 171 EXHIBIT 4 MARCH 1, 2005 [a TO: Mayor Kirk and Council Members FROM: Lane Gamiotea, City Clerk, SUBJECT: Ordinance No. 882/Future Land Use Map DATE: February 23, 2004 This is the final public hearing for proposed Ordinance No. f Plan Future Land Use Map Amendment No. 05-002-SSA su David and Anita Nunez. The request is to change the land t Block 78, CITY OF OKEECHOBEE from Single Family application is to follow requesting CPO zoning. The prope Northeast 3'd Avenue and 7th Street. No. 05-002-SSA regarding Comprehensive itted by the property owner, designation on Lots 1-2 of Commercial. A rezoning is located at the corner of • All fee's have been paid ($500.00). • The ordinance was advertised in the Okeechobee News on February 18. • The Planning Staff found the application to be consistent with the Comprehensive Plan has recommended approval. The Land Planning Agency discussed the application at the February 22, 2005 meeting and are recommending approval. • Due to this being a small scale (less than 10 acres) amendment, it is not required to mail notices to the surrounding property owners, nor ost a sign on the property. Please do not hesitate to contact me should you require regarding this application. Thank you. my additional information 0 0 ORDINANCE NO. 882 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FL RIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE P N, ORDINANCE NO.636 AS AMENDED, BY REVISING THE FUTURE L AND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICU RLY DESCRIBED HEREIN FROM SINGLE FAMILY TO COMMERCIAL PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, F orida Administrative Code provide for amendment to Adopted Comprehensive PIins; and WHEREAS, the City has received and reviewed certain appli ion(s), No. 05-002-SSA for a small-scale amendment to the Future Land U e Element of the City's Comprehensive Plan, and said application(s) being r viewed by the City's Land Planning Agency at a duly advertised meeting, and submitted by staff report, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations o the Land Planning Agency that the proposed application(s) complies with the requ rements of Florida Statutes 163, Part 11, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future Ian J uses within the City; NOW, THEREFORE, it is ordained before the City Council Florida; presented at a duly advertised public meeting; of the City Council; and properly executed by the h Presiding Officer for the City: SECTION 1. SHORT TITLE. THIS ORDINANCE shall be known as the "City of Development Activities Comprehensive Plan Amen 163.3187, and shall be effective within the City limits Florida. SECTION 2. AUTHORITY. it the City of Okeechobee, ind passed by majority vote iyor or designee, as Chief Okeechobee Small Scale dment," pursuant to F.S. :)f the City of Okeechobee, This City of Okeechobee Small Scale Development A ivities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE 1. The following described land consisting of app hereby redesignated for purposes of the Future Okeechobee Comprehensive Plan: a. Application No. 05-002-SSA, from The Legal Description of Subject I Lots 1 and 2 of Block 78, CITY OF according to the Plat thereof reco Page 5, Public records of Okeech, D USE MAP. ately .0.321 acre(s) is Use Map of the City of Family to Commercial. r is as follows: ECHOBEE, in Plat Book 5, County, Florida. Page 1 of 2 • 0 SECTION 4. INCLUSION OF ORDINANCE LAND USE MAP IN THE CON It is the intention of the City Council of the City of Okee hereby provided, that the provision of the Ordinance, a Future Land Use, Map more particularly described as "I City of Okeechobee, March 19, 1991, as amended De, incorporated herein by reference, shall become and bE Okeechobee Comprehensive Plan (City of Okeechobe amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared jurisdiction to be void, unconstitutional, or unenforceab provisions and portions of this ordinance shall remain i SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No. (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on this 1st ATTEST: Lane Gamiotea, CMC City Clerk FUTURE PLAN. e, Florida and it is revisions to the Land Use: 2000 r 6, 1994,° which is a part of the City of lance No. 635, as by any court of competent le, then all remaining n full force and effect. 882 shall be thirty-one of March, 2006. James E. Kirk Mayor PASSED AND ADOPTED after first reading on this 181 day of March, 2005. ATTEST: Lane Gamiotea, CMC City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook City Attorney James E. Kirk Mayor Page 2 of 2 City of Okeechobee Date: , OSPetition<,+ General Services Department Fee Paid: G) :55 S.E. 3" Avenue, Room 101 Jurisdiction: �p + cc Okeechobee, Florida 34974-2903 1st Hearing:�P4 d Hearing:Phone: (863) 763-3372, ext. 213 Publication D�� �� C C ,2 f �. Fax: (863) 763-1686 Notices Mailed: Comprehensive Plan Map Amendment Appli�ation Please Check One: Small Scale Amendment (Under 10 Acres) Larae Scal e A endment (Over 10 Acres) 161/11Name of property owner(s): P1fi�� A Owner mailing address: P LName of applicant(s) if other than owner (state relationship): I Applicant mailing address: lip . A , Y Name of contact person (state relationship): T Tit.�Cl� rtf Contact person daytime phone(s): =�1/�'7— �•/ / Fa. ✓ Property address / directions to property: Parcel Identification Number: -r. � „r 35 _ oolo Go Size of the Property (in acres): Current Zoning Designation: P R Current Future Land Use Designation: r O P Existing Use of the Property: E Proposed Future Land Use Designation: a R T Proposed Use of the Property: Y f Description of S}, ounding Properties: ; ti32V t"'-, Jl�ir` S e'�t! 1l / K% °�ir- Mtid ��'� -rrwn2 ce.[ ..� L. [.L) � �(-�-1 4clz�c'i`J,��,(� � ' c.rri �. c!?�'►1� I�iE.iat Legal Desc 'ption of the P operty (Lengthy Description Mayy be Attached): 0 ✓ Required Attachments Survey of Property (11" x 14", 20" Scale) Appl cation Fee (non-refundable) Letter Outlining Request City Location Map Notarized Letter of Owner's Authorization 161/ Confirmation of Information Accuracy i hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may r salt in the summary denial of this application. p 41111a A14tiel-z_ Signature Printed Name % - ;2 - b5 Date [I Unirorm Land Use Application (rnv. 12/03) Page 2 of 2 J 'rhis Document Prepared By and Return to: CONELY & CONELY, P.A. TOM W. CONELY, III 401 N.W. 6T1i STREET P.O. DRAWER 1367 OKEECHOBEE, FL 34973-1367 DII" Parcel IDNumber: 3-15-37-35-0010-00780-0010 Grantee #1 TIN: Grantee il2 'r1N: Warranty Deed Thisindentime, Made this 16th day of April , 200 ROBERT C. PARKER, SR. and JOANNA PARKER, his wife of the County of Okeechobee , State of Florida DAVID NUNEZ, JR. and ANITA S. NUNEZ, his wife whose address is: 2085 S.E. 4th Street, Okeechobee, FL 34974 of dtc conmy of Okeechobee , State of Florida 1 A.D. , Betwee❑ , g1'S111tD1'S, and , grantees. W it11 eSSeth that the GRAN'rORS, for and in consideration of die sum of __ ------TEN DOLLARS ($10)----------------------- DOLLAItS, and other good and valuable consideration to GRAN7OKS in hand paid by GRANTEA:S, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said GRANTRES and GRANITES' heirs, successors and assigns forever, tlw following described land, situate, lying and heiug in the Countyof Okeechobee State of Florida to wit: Lots 1 and 2, Block 78, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. Subject to restrictions, reservations and easements o any, which are not reimposed hereby, and taxes subseq 31st, 2003. and the grantors do hereby fully warrant the title lu said land, and will defend the same against law In Witness Whcl'cOf, the grantors have hereunto set their hands and seals the day and year first at) Signed, sealed and delivered in our presence: EVA MAE CONELY'ROBERT C. PARKER Witness P. ddress:209N.E.6thSir t �J TO C NE III A PARKER tness 1' . Address:2.9 N.E. 6th Street STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this 16th day of Apri ROBERT C. PARKER, SR. and JOANNA PARKER, his wife record, if nt to December fill claims of all persons whomsoever. o e written. (Seal) SR. ' Iceec bee, FL 34972 (Seal) Okeechobee, 11. 34972 1 , 2004 by whoarepersonallyknowntomeorwllolmveproducedtheir Florida driver's license asil•,lificca�doll. r� EVA MAC LONELY ' x MY COMMISSION A CC 960503 EVA MAE LONELY q. • `+`-XI'IR[S: Docelnber 12, M04 Notary Public r Y '�,$(, �r��°,•• aoIlliBa lhni Nolery PubOr. endeiy�illoie .. _.._..__._._._ _.. . _... .._............. I\ly l•.Illlllll:l.Nblll t'NIIIII1'N: .2 /12/04 nv,o -o-.l— 1 r,,,rio-oi r�r v l • January 20, 2005 David & Anita Nunez, Jr. 2085 S.E. 4 th. Street Okeechobee, Fl 34974 863-467-0611 Reason for Request The Applicants are the legal owners of record of the described as: City of Okeechobee Lots 1 & 2 Block 78 according4nty, the plat recorded in Plat Book 5, Page 5, public records of Okeechobee C Florida. We request a change in the Property Zoning for the future use of the property as a Professional Office (Church Office). This property is under contract for sale, a Lease / Purchase contract contingent on a zoning change to allow an office to be constructed on the above mon rtv_ avid Nunez, Jr. S. unez First Baptist Church of Okeechobee Randy Hueltabee. Th.D.. Pastorjeacher lames Garner Pastor of Discipleship David Harris Pastor of Worship Larry Woodward Pastor of Senior ndults Cindy Maynard Director of Recreation Ministry Glenda llardaker Director of Children's fninistry 401 S. W. Fourth Street Okeechobee. El 3A47A (863) 763-2171 iaH (863) 763-8904 e-moil: maiWilbeakee.org January 21, 2005 Dear Sirs, I would like to request on behalf of Big Lake Baptist Association that the property on the attached appliaition be reassigned for Light Commercial Use on the Proposed Land Use Map. It is the desire of the Big Lake Association to purchase this property and construct a 1600 ± square foot office building for our Direc- tor of Missions and a secretary. The office will serve as the headquarter Southern Baptist Churches around Laki traffic will vary but will average less that randomly visiting the office per day. Th gated in Clewiston but it is the desire of gate to Okeechobee due to growth projt greater portion of the population will res lake. The activities of the Association will be Resources will be made available for v up and use for their own ministry (Res( Committees will periodically meet with during the day as well as early evening to serve as an administrative office for Thanks for your assistance. of all the cooperating Okeechobee. Daily three to five vehicles office is currently lo- he Association to relo- htions indicating a le on this end of the Manned from this site. ious churches to pick irce Library). ie Director of Missions . It's main purpose is ie Baptist Association. EED' - eG H&T �.. M CNTIM.T 100'P/s - ASPHALT OIE NEST (ASSUNE01 500.00'(F, P) AV Y/Cas NP. 5t78 70.00'1C. PI 10Q 00'(C, P) PBF./Cm ZEST 100, 00'(F, PI ABF n/UB No. 5t78 No. 4276 I I I a = I to v 0 0 LOT 3 ` LOT 2 LOf VAiCAM g VACAM VACAM _ o � � I — — Fw Y/Cd0 b.5t7B 588'59'3041 f00.00'(F. P) U o' o ALi�. — _ ( Y — — — — ABF Y/Cap M F Y/Cao Ib. 5178 — No.5L79 Pp S87 ST 30`N 100. 00'(F, P) � • � O i lL L' V CDC WALL;; no E71F — DOUCHES 1.8' ABi/Cao $7. t' No. 5178 IL Q<P N Q r O FENCE Enos On Lids i.0' v VO Ma•�aT�� F r a Il T I PAIL"." 0. t'E PEGICX1tCe � g I. CHAia lw 66'l Ist' 7t 2' ISSr � —a--� CHA I XL I NN FC: O. Va. LOT 10 LOT Ili_ LOT 12 tMI:I LT3t� ABF In Cone. �!— 9'30'N 100.00'(F. PI 70. o M89'59'30'E 140.05'(F) 1/01(P) AV Y/CaP OF ./Ca0 No.5170 IN:. SL78 — — E*. LT a�Ha PL E 6TH GT;aW 70'9/N - ASPHALT ELYc AGFHaLT I I I � I I fiRVeYCR notes L Belrinpa PMen on "faun easel WE ZEST al Ong S.R/b ILE 1tll Stnet. L This Purvey is based on Infolrwtion pr lidad by thecustosr/allent am no ."n 2 NW .f public recerde by this PiTln to verify or deny Pwwl. wes.nts.r ri ght-ef .e". L No risible Or ..War." I�ro� .east has Pun IPeIs.d eiaspt a shave. 1. This asney is not u110 ■Ithout the al9naturo and the .rICCI .1 rat:0 sul of . Flat do Llnnsed SLrv.yr Mo smear. i Aeeralna to FIAN ase doted 2/jw 81 banal a 120t77 OaO08, prpl Iss In Not Included Alas of City Lilts. Flo.o Zane Cr @eschde. County Pl alning L Zon1, 0odertasnt. E Property Address Is sea ILE Sth West. 0tdechooso. FL 7. Then may be additional restrictions that we Mt recorded eh this survey Ina say be ruuq In th. Public Records. WWI, LY. LOTS L L It It tL BLOCK 78, MECXOBEE. According to the plat tue vor Is r.dprd- .d In PIIt Boat I. Page 10 of thePollc Racortl. of Oseschoaea Canty, Fl.rlda. n27 4j�f4 1375 Jac -4treet, Suite 206 Fort Myers, r torida 33901-2845 Phone: 2 9-334-3366 Fax: 239-334-6384 Email: la ue-planning(a�att.net Staff Report - Small S.Ie Comprehensive Plan Amendment Prepared for: Applicant: From: Petition No. The City of David and Anita Single Family to G 05-002-SSA • Staff Report Small -Scale Comprehensive Plan Amendment pplicant: David and Anita Nunez Petition No. 05-002-SSA UP - Applicant: David and Anita Nunez Applicant Address: 2085 SE 4" Street, keechobee, FL 34974 Applicant Phone Number: 863-467-0611 Existing Future Land Use Classification Single Family Proposed Commercial Zoning District RSF1 CPO Use of Property Vacant Church Office Acreage ---------- - -0.321 0.321 Access - NE 3 Ave 8c 7 St Location: N. Highway 441, East on NE 71" Street to 3rd Ave. NE Corner Legal Description: Lots 1 and 2, Block 78, OKEECHOBEE, according to the Plat thereof recorded in Plat Book 5, Page 5, Publix records of Okeechobe County, Florida. The applicant is requesting an amendment to the City of O eecliobee Future Land Use Map, previously adopted by Ordinance, from Single Family to Commercial to allow a church office on the property. Based on the size of the property, the application qualifies under Chapter 163 of the Florida Statutes as a small-scale amendment to the Plan. North: Future Land Use Classification Zoning District: Existing Land Use: East: Future Land Use Classification "Zoning District: Existing Land Use: South: Future Land Use Classification Zoning District: Existing Land Use: West: Future Land Use Classification Zoning District: lxisting Land Use: Industrial Industrial Auto Repa r Shop Single Fan ily Residential Single Family I Vacant Single Fam ly Residential Single Family 1 Single Fam ly Residential ingle Family 1 "railer Park • Staff Report Small -Scale Comprehensive Plan Amendment 1* Appl cant: David and Anita Nunez Petition No. 05-002-SSA The applicants are the legal owners of the property and request an amendment to allow the property to be redesignated as commercial. The property is under contract for sale to the Big Lake Baptist Association. In a letter from the association, tie pastor states that the office will serve as the headquarters of all the cooperating Southern Baptist Churches around Lake Okeechobee. "The properties north of this Block a e in the Industrial future land use category and some of Block 78 has recently been rede ignated as commercial. A. Consistency with the Land Use Categories and Plan Policies. Based on the application, it would appear that the restricted commercial firture land use is consistent with Objective 2 and its corresponding polici s in the Future Land Use Element. B. Coneurrency of Adequate Public Facilities Public water and sewer are available to the property. Any be addressed when the applicant applies for a site plan re, C. Compatibility with Adjacent and Nearby Land Uses The requested future land use designation will be compati categories if the zoning is restricted to CPO. The propose( neighborhood is slowly transitioning to incorporate light c by recent land use and zoning changes on two lots a the sc D. Compliance with Specific Standards of the Plan. The proposed future land use amendment is in compli of the Comprehensive Plan. concurrency issues will le with adjacent land use use will be consistent as the immercial uses as evidenced corner of this block. with the specific standards The existing Comprehensive Plan goals, objectives, and pol ceis will support commercial uses at this location. Staff recommends approval of the appl cant's request to amend the Future Land Use Map from Single Family to Commercial a the request is consistent with the City of Okeechobee Comprehensive Plan. Submitted by: James G. LaRue, AICP 17 February 2005 2 IV. New Business, continued. • AGENDA A. Comprehensive Plan. Future Land Use Map Amendment Application No. 05- 001-SSA, continued. B. Comprehensive Plan. Future Land Use Map Amendment Application No. 05- 002-SSA. Consider a recommendation to the City Council, to change the land use designation from Single-Fairrily to he subject . proper located at the Southwest corner of NE 71h Street and NE 3rd Avenue. David and Anita Nunez are the property owners and applicants - City Planning Consultant. February, 22, 2005 - Land Planning Agency - Page 3 of 7 ACTION - DISCUSSION - VOTE Planning Staff Report Analysis and Conclusions: The existing Comprehensive Plan goals. objectives, and policies will support multi -family uses at this location. Staff recommends approval of the applicant's request to amend the Future Land Use Map from Single Family to Multi Family as the request is consistent with the City of Okeechobee's Comprehensive Plan. There was no discussion from the Agency, no public comments. Agency Member McCov motioned to recommend to City Council to approve Comprehensive Plan. Future Land Use Map Amendment Application No. 05-001-SSA to change the land use designation from Single -Family to Multi -Family; seconded by Agency Member T. Keller. VOTE .TONES - YEA T. KELLER - YEA K. KELLER - YEA LEDFERD - YEA MAVROIDES- YEA MAXWELL - YEA MCCOV - YEA MOTION CARRIED. Jock Robertson, representative of City Planning Consultant LaRue Planning and Management. briefly described the Staff Report as follows: Planning Staff Report Summary of Application: The applicants are the legal owners of the property and request an amendment to allow the property to be re -designated as commercial. The property is under contract for sale to the Big Lake Baptist Association. In a letter from the association, the pastor states that the office will serve as the headquarters of all the cooperating Southern Baptist Churches around Lake Okeechobee. The properties north of this Block are in the Industrial future land use category and some of Block 78 has recently been re -designated as commercial. VI. New Business, continued. B. Comprehensive Plan. Future Land Use Map Amendment Application No. 05- 002-SSA, continued. February 22, 2005 - Land Planning Agency - Page -1 of 7 ACTION - DISCUSSION VOTE Planning Staff Report Comprehensive Plan Analysis: (A) Based on the application, it would appear that the restricted commercial future land use is consistent with Objective 2 and its corresponding policies in the Future Land Use Element. (B) Public water and sewer are available to the property. Any other concurrency issues will be addressed when the applicant applies for a site plan review. (C) The requested future land use designation will be compatible with adjacent land use categories if the zoning is restricted to CPO. The proposed use will be consistent as the neighborhood is slowly transitioning to incorporate light commercial uses as evidenced by recent land use and zoning changes on two lots a the southwest corner of this block. (D) The proposed future land use amendment is in compliance with the specific standards of the Comprehensive Plan. Planning Staff Report Analysis and Conclusions: The existing Comprehensive Plan Goals. objectives, and policies will support commercial uses at this location. Staff recommends approval of the applicant's request to amend the Future Land Use Map from Single Family to Commercial as the request is consistent with the City of Okeechobee Comprehensive Plan. Agency Member McCoy questioned if there were septic tank issues at this location. Jock Robertson, Planning representative, explained that he was not aware of any. Tom Murphy, representative for the applicants, explained that there was a sewer line available that runs along 6`h Street. There was no further discussion from the Agency, no public comments. Agency Member McCoy motioned to recommend to City Council to approve Comprehensive ......reh.n_:__ Future Land Use Map Amendment Application No. 05-002-SSA to change the land designation from Single -Family to Commercial: seconded by Agency Member T. Keller. • AGENDA - VI. New Business, continued. B. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- 002-SSA, continued. Item Added to the Agenda. C. Consider proposed Ordinance 885 specifically regarding non -conforming uses. Attorney Cook. February 22, 2005 - Land Plan ACTION -DISCUSSION - VOTE VOTE JONES - YEA T. KELLER - YEA K. KELLER - YEA LEDFERD - YEA MAVROIDES- YEA MAXWELL - YEA MCCOV - YE.A MOTION CARRIED. 5of7 John Cook, City Attorney. explained to the Agency Members that this proposed Ordinance has been set on the March 1, 2005 City Council Agenda. He continued by explaining, the original Ordinance was created to help govern commercial uses. For example, if a business is currently operating with a non -conforming use, that use could not continue if the business was sold. In residential zoning it is becoming more and more of a problem as well. He explained that the issue arose when the City Clerk was considering the purchase of a duplex in Residential Single Family - One (RSF-1) zoning. The duplex has been existing for years and is currently not listed as a permitted use within Residential Single Family zoning. The mortgage companies are now' requiring letters from the City explaining if the current use will be permitted if the property is sold. Attorney Cook is recommending that the Land Planning Agency recommend to City Council to remove residential from the Ordinance. He advised the Agency that the Ordinance could be amended in the future if this becomes a problem. Agency Member Mavroides explained that he has concerns with the proposed removal of the reference to residential non -conformities in the proposed Ordinance. He explained that all new developments are required to meet the newer more stringent codes, however an existing duplex in Single Family Zoning would be permitted to continue. Attorney Cook explained that the alternative would be to require the owners to apply for a rezoning The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECIIOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a __---_ ---- — in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper- J /` 411 subs(friUed before me this day pf A.D. 20 '-- Public, State of Florida at Large WNWILIEHATION OF ADOPTI A CITY ORDINANCE PLEASE TAKE NOTICE that the Cityy Council of it Florida will on Tuesdayy, March 1, 2005 at 6:00 p.n ppossible, at City Hall, 55 SE 3rd Ave., Okeechobee EARon and thereafter considfinal na cel inNG to law: NO.882: AN ORDINANCEreadin OF THI BEE, FLORIDA AMENDING THE CITY OF OKEECI SIVE PLAN, ORDINANCE NO. 635 AS AMENDEI FUTURE LAND USE MAP ON A CERTAIN TRArT r FOR AN EFFECTIVE DATE The nation from Single ose of the Fam INydinance is to change (SF) to Commerciialthe FL (C) fi carSi scr Pion being Lots tat the comer f and 2orthof Block 78, Cityoo 01 5, Page 5, Public Records. Okeechobee, bounty, A mately 0.321 acre. The proposed use of the proper Tice. All members of the public are encouraged to affe said hearing. The proposed Ordinance may be inspe members of the public in the Office of the City Clerk ness hours, Man -Fri, Sam-4:30pm, except for holid PLEASE TAKE NOTICE AND BE ADVISED that if ai appeal any decision made by the City Council with n considered at this hearing, such interested person v the proceedings, and for such purpose may need It record of the proceedings is made, which record Inc and evidence upon which the appeal is to be based. for the sole purpose of backup for official records o In accordance with the Americans with Disability 1 da Statutes 286.26. persons with disabilities needing cation to particippate In this proceeding should contac later than two.( working days prior to the proceedin x215; if hearingg or voice impaired, call TDD 1-800-2 1-888-447-5620 (Try). Lane Gamiotea, CMC, CITY CLERK 555018 ON 2/18/05 555oaj `-e _ Karmen R. Brown �_°- Commission #DD272118 t; Expires: Jan 17, 2008 Bonded Thru Atlantic Bonding Co., Inc. City or as of Okeechobee, soon thereafter duct a PUBLIC ollowingg Ordi- 3F DKEECHO. — ,OMPREHEN EVISING THE I MORE PAR. TO COMMER- REVISED FU- ire Land Use desig- vacant property to - Avenue. Legal de- rchobeePlat Book i ida and s approxi- is for a church of - I and participate in I :d in its entirety by uring regular busk rs, person desires to fect to any matter need a record of ensure a verbatim ides the testimony ity Clerk tapes are the Clerk. L EXHIBIT 5 MARCH 1. 2005 City of Okeechobee 55 Southeast 3`d Avenue Okeechobee. Florida 34974 Phone: (863) 763-3372 ext. 218 Fax: (863) 763-1686 Distributed to City Staff/TRC: See .A-l- aauck-, Sign Posted: D� I 4 105 Notices Mailed: -a' 10 5 Publication Dates: 1' Ad 1011 2otl Ad: cy/ S / 3C1O5 Date Received: ` Fee Paid: 500 9 O Public Hearing Date: 3I / � City Council Action: Preliminary Approved On: I Final Signed Records/Plats to Clerks Office: A P P L I C A N T P R O P E R T Y APPLICATION FOR FINAL PLATTING OR SUBDIVIDING PROPERTY NAME OF PROJECT: Taylor Creek Estates NAME OF PROPERTYOWNER(S): Gary Eubanks OWNER(S) MAILING ADDRESS: 1004 S.W. 3rd Avenue, Okeec obee, FL 34974 OWNERS PHONE: (863) 763-5001 FAX: NAME OF APPLICANT: Close Construction, Inc. APPLICANT MAILING ADDRESS: P. O. Box 2558, Okeechobee, FL 34973 APPLICANTS PHONE: (863) 467-0831 FAX: (86 ) 763-6337 CONTACT PERSON: Sheryl Wells CONTACT PERSONS PHONE: (863) 467-0831 FAX: (863) 763-6337 ENGINEER: Kenney, Lynch & Assoc. PHONE: ( 863) 467-5585 ADDRESS: 107 S.W. 17th Street, Suite H FAX: ( Okeechobee, L 34974 863) 467-3242 SURVEYOR: Tradewinds Survey PHONE: (863) 763-2887 200 S.W. 3rd Avenu FAX: (863) 763-4342 ADDRESS. DESCRIPTION OF PROJECT INCLUDING ALL PROPOSED USES: NUMBER/DESCRIPTION OF PHASES: Subdivide for 6 residential lots/homes LOCATION OF/DIRECTIONS TO THE PROJECT: (1 ) phase EXISTING IMPROVEMENTS ONPROPERTY( 1) sing lewide trailer to be removed IS PROPOSED USE DIFFERENT FROM EXISTING OR PRIOR USE? YES NO TOTAL LAND AREA IN SQUARE FEET: 17,624 SF OR ACRES: EXISTING IMPERVIOUS SURFACE: n/a SQUARE FEET ACRES ADDITIONAL IMPERVIOUS SURFACE: 14,970 SQUARE FEET ACRES PROPOSED TOTAL IMPERVIOUS SURFACE: 14, 970 SF CURRENT ZONING: residential CURRENT FUTURE LAND USE: r e s i d E CONFIRMATION OF INFORMATION ACCURACY NIA % OF SITE % OF SITE is I hereby certify that the information in this application is correct. The information included in this application is for use by lh I City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result n the summary denial of this application. Clo_ae Can it tion, Inc. / / by \!!//oo`/ Thomas C. Close, Presideit 7 J Signature of Applicant Printed Name Date 0 • MEMO To: City Council Members and Interim Administ From: Katrina Cook, General Services Coordinator Date: February 23, 2005 Subject: Property Taxes Verification - Taylor Creek E I called to verify that the property taxes for the Eubanks prc numbers being 3-21-37-35-0020-02520-OOKO and 3-21-37-3 been paid. Per Yvonne at the Tax Collectors Office the taxes 2005. Please feel free to contact me should you need any additional Thank you. Cook Subdivision perty, parcel identification 5-0020-02520-OOKO, have were paid on February 18, information. b&Corporate Office: 301 N.W. 4t Avenue, Okeechobee, FL 34972 CONSTRUCTION, INC Martin County Office: 10995 S.E. Federal Hwy., #3, Hobe Sound, FL 33455 PROJECT OVERVIEW Applicant: Close Construction, Inc. Name of Project: Taylor Creek Estates Legal Description: Lots K & L, Block 252 and vacated r to the City of Okeechobee Physical Location: City block between S.E. 2nd Street ai 5th Avenue and S.E. 6th Avenue. Objective: Subdivide existing two (2) lots into a a single family residence on each lot. Description of Homes: Homes will be built based on two (2) model. Model 1440A is a 3-bedroom, 2 bath, square feet under roof. Model 1525A is a 3-bedroom, 2 bath, square feet under roof Homes to be concrete block structure, sewer. Estimated Selling Price: Approximately $175,000. per home Corporate Office: (863) 467-0831 • Fax (863) 763-6337 s-of way, first addition S.E. 3rd Street; and S.E. 1 of six (6) lots and build Is; three (3) of each home totaling 2,078 home totaling 1,902 connected to city water and Martin County Office: 1(772) 546-7150 • Fax (772) 545-1079 Commereial Property Development • Residential Construction • Design -Build • ('onstmcti n Management • Interior Renovations Gary Eubanks 1004 S. W. 3rd Avenue Okeechobee, FL 34974 City Council City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, FL 34974 Re: Parcel ID #3-21-37-35-0020-02520-00KO and Parcel ID #3-21-37-35-0020-02520-OOLO Dear Council Members: As the owner of the above referenced parcels, please accept his letter as my official consent to allow Close Construction, Inc. to seek subdivision o these parcels into six (6) individual lots. Each lot is to be used to construct one (1) reside tial home. In addition, I hereby certify that these parcels are free of any at this time. Thank you. Sincerely, Gary Eubanks State of Florida County of Okeechobee Signed before me this tL day of December, 2004 by Gary Eubanks who p identification: E15.Z 0 3 9Y'CJ SHEERYL L. WEL, Sheryl L. Was, Notary Public �1 e` MYCOMMISSION# DD or TV'a EXPIRES: November 10, 1- 3-NOTARY FL Notary Sarvios & Bm umbrances or mortgages I(X)2 tnc. the following form of CONSTRUCTION, INC • Corporate Office: Martin County Office: 0 301 N.W. 4th Avenue, Okeechobee, FL 34972 10995 S.E. Federal Hwy., #3, Hobe Sound, FL 33455 AFFIDAVIT OF COMPLETENESS Applicant: Close Construction, Inc. Subdivision: Taylor Creek Estates Re: Final Platting/Subdivision of Property Please accept this notice as verification that the attached listing of n ighboring property owners is complete and correct to the best of my knowledge. Close Construction, c. Thomas C. Close, President State of Florida County of Okeechobee Signed before me this aJ day of 2005 by T omas C. Close, President of Close Construction, Inc., who is perso ally known to me. `�ario smI 14l'1.I_ WELTS �1(� MY COMMISSION # DD061(X)2 �FaF1��� FX)'IRIiS: Nrrvember 16,2005 ANt—ary Public 1z1i6&NOTAFV Corporate Office: (863) 467-0831 ■ Fax (863) 763-6337 Martin County Office: (72) 546-7150 • Fax (772) 545-1079 Commercial Property Development • Residential Constnrction • Design -Build • Consinrction Management • Interior Renovations SURROUNDING PROPERTY OWNERS Re: Taylor Creek Estates, Application for Platting/Subdivision ITEM # OWNER NAME 1 Hospice of Okeechobee, Inc. 2 Judy Baker 3 Kimberly Beach 4 Edwin M & Alma Rosa Pelarion 5 Carl B. Mario 6 American Legion Post #64 7 Percy & Bertha Williams 8 Leon & Mary Richart 9 Encuentro Con Dios De Iglesia 10 Janet Mays 11 American Legion Post #64 12 Florida Power & Light 13 Sarah R. Hamrick, Trustee 14 Florida Power & Light 15 Southern Management Corp. 17 Ft. Drum Corporation 18 Tommy D. Cook 19 Okeechobee Fishing & Trailer Resort 20 Okeechobee Fishing -& Trailer Resort 21 Mary D. Hagan 22 Edna E. Hagan (Life Estate) 23 Eleanor L. Banks, Trustee ADDRESS 411 S.E. 4th Street, Okeechobee, FL 34974 P. O. Box 7252, Sebring, FL 33872 407 S.E. 3rd Street, Okeechobee, FL 34974 405 S.E. 3rd Street, Okeechobee, FL 34974 403 S.E. 3rd Street, Okeechobee, FL 34974 501 S.E. 2nd Street, Okeechobee, FL 34974 P. O. Box 1414, Okeechobee, FL 34973 414 S.E. 2nd Street, Okeechobee, FL 34974 A/G, Inc., P. O. Box 2311, Okeechobee, FL 34973 108 S.E. 5th Avenue, Okeechobee, FL 34974 same as Item #6 above P. O. Box 14000, Juno Beach, FL 33408 P. O. Box 837, Okeechobee, FL 34973 same as Item #12 above 324 S.W. 16th Street, Belle Glade, FL 33430 Box 1177, Okeechobee, FL 34973-1177 same as Item #16 above P. O. Box 28, Okeechobee, FL 34973-0028 P. O. Box 516, Okeechobee, FL 34973-0516 same as Item #19 above 301 S.E. 5th Avenue, Okeechobee, FL 34974 305 S.E. 5th Avenue, Okeechobee, FL 34974 10277 E. Cr. 200S, Avon, IN 46123 PARCEL ID# 3-21-37-35-0020-02090-0100-39 3-21-37-35-0020-02540-0120 3-21-37-35-0020-02540-0100 3-21-37-35-0020-02540-0090 3-21-37-35-0020-02540-0070 3-21-37-35-0020-02540-0040 3-21-37-35-0020-02540-0030 3-21-37-35-0020-02540-0010 3-21-37-35-0020-02530-0070 3-21-37-35-0020-02530-0010 3-21-37-35-0020-02530-0020 3-21-37-35-0020-02520-OOPO 3-21-37-3 5-0020-02520-OOQ 0 3-21-37-35-0020-02520-OOSO 3-21-37-35-0020- 3-21-37-35-0020-02520-00EO 3-21-37-35-0020-02520-OOH 0 3-21-37-35-0020-02520-0010 2-22-37-35-OOAO-00014-A0000 3-22-37-35-0030-OOOAO-0010 3-22-37-35-0030-OOOAO-003A 3-22-37-35-0030-OOOAO-003 B 3-22-37-35-0030-OOOAO-0050 • • Okeechobee County Property AppraiserMap Printed one 25/2005 12:36:4 Page I of I low _ i I n! i t c ` W G 'Y'Ni U h J � u, N.E3 RD STREET'. U. W' U- i �' Z r x Q l L L' L I I Z �-' - ].. ua u0, w O� 'iu �Ci <I �, r C I� _ ; Y i N.E-2 ND SIRES , r- 0 r Iw 'ui d Li w zl I Z to -t STATE ROAD 70 N, S_ E_ PARK SFREE Y O 3-21-37-35-0020- 2520-00K0( ' S_E2 ND S I REkT ,i• u,; BANlSS GAR r' 1 ' �hJ' Ju-- f CST S.E.3 RD STREET ,r cp O p w! 5 F 3RL1 QT ' , S CA TH S rREEL,, w z j L >. ry O I SN1..5 TH STREET IE.S TH STREET �i v. L' Lil 1 I S_E_u TIi STREET \ .0 `i �II S TH E.7 STREET `� w w [Name: keechobee Cottnity Property appraiser 0 240 s0 720 ct 1N r' 'Rill' Sher'limn. C'TA (�keechnhee. Floriria 8 -1 iW; 44?? RCEL: 3-21-37-35-0020-02520-OOKO MOBILL IIOM (000200) 1ST ADDITION TO CITY OF OKEECHOBEE LOT K BLOCK 252 EUBANKS GARY LandVal $35,742.00 504 SE 2ND ST, Okeechobee BldgVal $8,278.00 1004 SW 3RD AVENUE ApprVal $44,320.00OKEECHOBEE, FL 349740000 JustVal $44,320.00s 5/25/1999 Assd $0.00 1 / U $41,951.00 Exmpt $0.00 Taxable $41,951.00 This information, Data Updated: 1/18/2005, was derived from data which was compiled by the OkeE chobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not re lect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. r_ http://www.okeechobeepa.com/GIS/Print Map. asp?pibnikplhgmeclpofffdd11facl dkkhhdopcnkcfl1thpia... 1/25/2005 0 � 0 DEVELOPER'S PLAT AGREE THIS Agreement, made and entered into this day of January, 2005, by and between Gary Eubanks, (hereinafter referred to as "OWN R"), and THE CITY OF OKEECHOBEE, a political subdivision of the State of Florid (hereinafter referred to as "CITY). RECITALS A. OWNER is the fee simple owner of a certain tract of land located within the City of Okeechobee consisting of approximately 1.66 acres; the said property being referred to as "PROPERTY" and being more particularly described in Exhibit "A" attached hereto and made a part hereof. OWNER is the holder of all legal and equitable ownership rights in the PROPERTY. B. The OWNER represents that it is the fee simple owner of the PROPERTY and that the rights granted herein and the obligations created hereby shall in no way be affected by the property right of any other entity at th time of the execution of this Agreement; upon sale or assignment of the property other person or entity; or at time between or development to any any the exec the recording of this Agreement in the Public ion, of this Agreement and Records Florida. of Okeechobee County, C. The OWNER desires to develop the PROPERTY as a subdivision consisting of six (6) developed lots, with improvements, tentatively CREEK ESTATES this to be named TAYLOR at time. The current land reasonable and appropriate for application to the PROPERTY use plans is therefore upon fulfillment of the OWNER'S obligations under this Application Agreement. It is the purpose of this Agreement to provide necessary information for final plat approval, and a mechanism to mitigate potential adverse roadway, drainage, impacts created by parking and trafficcirculation the Development of the that adequate services ROPERTY and to ensure public may be provided to the balance of the residents of the C1'fY. PROPERTY and to the D. The OWNER agrees to construct certain roadways, landscaping, pedestrian, and transportation improvements as set forth in this Agreement, in conjunction with Development of residential lots, which improvements will mitigate the potential adverse impacts of the proposed Development. E. This Agreement is authorized by Florida Statutes (2( OKEECHOBEE Unified Land Development Code + amended, and Chapter 86 thereof, and the provisions oft: of the date of this Agreement are incorporated hereir, govern the relationship of the parties under the terms c matters required by existing state statute or CU)" Ordn 00), and the CITY OF Winance No. 716, as lose laws as they exist as by reference and shall I' this Agreement. Any ance(s) which arc not a U C7 part of this Agreement shall, nevertheless, be compli OWNER and its successors or assigns in interest sh; obligation set forth under the terms of this Agreement. herein is consistent with the CITY OF OKEECHOBE Plan and CITY OF OKEECHOBEE Unified Land DeN :d with by the parties. The 11 be responsible for every The PROJECT as set forth Comprehensive Land Use ;,iop;nent Code. NOW THEREFORE, in consideration of mutual promises nd covenants herein made and agreed to be kept, the parties hereto agree as follows: 1. The foregoing recitals are true and herein by reference. 2. The OWNER understands this Agreer conditional approval of preliminary plat preparatory to final plat approval. This Agreerr period of up to twenty-four (24) months from by all parties; if final plat approval is not of months after approval of the preliminary plat opinion that circumstances surrounding the changed, the CITY reserves the right to rende void, and require the OWNER to commence i This Agreement may be extended by mutual OWNER, subject to a public hearing and pu Agreement may be cancelled only by the mutm their successors in interest. The execution conditional approval of preliminary plat shall OWNER to construct the proposed development complies fully with all applicable requiremf ordinances, regardless whether set forth here] approval from the CITY. and are incorporated lent is for the purpose of and construction plans, ent will be valid for a time he date that it is executed tained within twelve (12) and the CITY is of the project are sufficiently this Agreement null and he platting process anew. consent of the CITY and rticipation. Further, this 1 consent of the parties or of this Agreement and confer no legal rights to unless and until OWNER nts, statutes, codes and i, and obtains final plat 3. The OWNER represents that nothing herein is barred or prohibited by any other contractual agreement to which it is a party or to which any of its agents or rcprescnlatives are a pally, by al y existing stalutc or rule, by an existing governmental agency, by any third party, or by the rights of any other legal party with a direct or co tingent interest in the PROPERTY, whether legal or equitable. 4. All Development rights created hereui compliance with all CITY ordinances, and incl zoning approval, Ordinance No. 814, and site pla requirements, including Ch. 86 Land Developrr which shall be in compliance with all Developme regulations of CITY, Regional, District, State an( failure of this Agreement to address a particular p restriction shall not relieve OWNER of the nece -2- der will be subject to ]ding but not limited to n approvals, and platting ent regulations, each of it pen -nits and applicable Federal Agencies. The ;nnit, condition, term, or ssity of complying with the existing law governing said permitting requirements, conditions, teens or restrictions and any matter or thing required to be done under existing ordinances of the CITY or regulations of any other government agency or other entity having legal authority over the PROPERTY. No such ordinance, law or regulation which otherwise be amended, n►odified or waived unless conduct constituting such modification, amendment or waiver is provided for herein and all necessary procedural steps are taken relative to the granting of such modification amendment or waiver in accordance with terms of the CITY ordinances and State Statutes. All applicable impact fees, Development review flees, building pen -nit !I -es, and all other fees of any type shall be paid in a cordance with their terms and in such amounts applicable as they become due and payable except as is otherwise specifically provided herein. 5. The parties agree that the CITY'S willingness to enter into this Agreement, the staff approval or recommendation relative to the proposed Development, land use plan designations, the passage of ordinances attempting to modify the land use designations, submittals to or before the City of Okeechobee City Council or the Florida Department of Community Affairs, and any other act in furtherance of this Agreement by the CITY, including the negotiations leading up to the execution of this Agreement, will not be used by the OWNER or its successors in interest in any way whatsoever as committing the CITY egally through theory of equitable estoppels, vesting of rights, obligation of authorship, or other legal theory to the approval of such proposed Development in the event this Agreement is terminated, does not proceed to final plat approval, or for any other reason does not take effect in all material respects. The parties further agree that any and all action by the OWNER or its representatives in negotiation of this Agreement and including all efforts I n the implementation of the Agreement Or submittals to other governmental bodies shall in no way be deemed to be an action in reliance that it is not possible to implement this Agreement fully, the parties' legal positions will be identical to the legal position that they would have nuiintaincd ifany, and all maUcrs regarding the I roposed Devcloprmenl of the PROPERTY had never been discussed betw en them, and the CITY held harmless by OWNER. 6. Notwithstanding the current land use maximum intensity which may be built on the F greater than six (6) residential lots; with road) improvements as designated on preliminary pla ESTATES prepared by Tradewinds Professional OWNER. a. In accord with the PROJECT'S subsequent phases, expansions, additions, plan designations, the ROPERTY shall not be lay, drainage and such of TAYLOR CREEK Services, on behalf of preliminary plat, any new structures, and/or -3- • 0 modifications will require new site plans subject to the CITY'S ordinances and review and approval process, particularly but not limited to all roadway construction ind storm water drainage requirements. b. When the public health, safe y and welfare would be adversely affected by such Developme t all such matters will be addressed during the permitting process and nothing herein shall limit the legislative discretion of the CITY in the permitting process to ensure and protect the health safety and welfare of the public. However, such limitations s 11 not act to reduce the maximum allowable Development provided for herein above. C. All government approvals and perrnit will be obtained by OWNER at OWNER'S sole cost, including if applicable, water and wastewater availability fees and connection fees from the Okeechobee Utility Authority. In the event that any Development permissions are not received, no furt PROPERTY will be allowed until er Development of the such has reviewed the Development and determined time as the City Council whether or not to modify it in a manner consistent with the public interest. Under these conditions, action and reliance on these expenditures in pursuance of its teens and of any right hereunder, shall not vest any Development accruing the OWNER shall it rights in OWNER nor constitute partial performance entitling OWNER to a continuation of this Agreement. 7. The final plat shall substantially conform to the preliminary plat as approved by the CITY, and the OWNER shall provide o the city the following, prior to final plat approval: a. Proof of compliance with all provisions applicable In ch. 86 land development regulations, including but not limited to Sections 86-71, through 86-74. b. A description of the work to be done, therefore by OWNER. C. That no exceptions to requirements or OWNER unless same are duly approved committee or the city council. d. A written, separate agreement, as to the the project. M and the time specified irds shall be granted to the technical review cipation by CITY in r� • e. A written, separate agreem imposed upon the lands of OWNER for any CITY. f Proof of compliance with all conditi4 of building permits to be issued by the CITY. g. Proper documents conveying by OW wastewater, and storm lines installed within way 1 if any, as to the lien to be performed by the precedent to the issuance to CITY of all water, ated public rights-of- h. A written, separate agreement of OWN .R to maintain and repair all streets, rights of way, curbing and drainage facilities in the subdivision for a period of one (1) year prior to acceptance of same by CITY. j. Provide a certificate executed by the city administrator showing approval of the city council that OWNER has compiled with either (1) that the Development will proceed without bond, or (2) that a surety bond has been procured guaranteeing that the work will be completed in accord with the final plat and all conditions attached the eto J. A certified drawing from OWNER'S en lineer of all Landscaped areas as may be indicated and approved on the site plan of OWNER for this project and k. Street/median landscaping, irrigation and continued maintenance; 1. Adequate and safe pedestrian crossing for street parking based on a Plan approved by the City Engineer; In. Road improvements to meet CITY parki > and curbing standards as per CITY land development Regulations and fie sa ety codes. n. Storm water drainage facilities based upoi a plan approved by the City Engineer, which design shall provide acce s from public rights of way for maintenance of such facilities. 0. A final developer's agreement, required prior to final plat approval by the CITY and recording of same in the public records, containing all of the above information and requirements executed pursuant to Sec. 86-73 (e) (f) of the land development regulations. 8. The Development of the PROPERTY shall be preliminary plat as approved by the city council, or as t be completed with all designated improvements and req shall meet the requirements of all existing CITY ordmanc -5- accordance with the reafter amended; shall rements of CITY; and except as is otherwise 0 � 0 specifically waived or modified herein. The CITY and the OWNER shall coordinate the scheduling of construction obligations herein with the Development schedule of the OWNER so that the infrastructure improvements provided for herein will be completed in a timely fashi n so as to provide services to the proposed Development in an orderly manner. 9. Any notice or request required or authorized to be given by the terms of this Agreement or under any applicable law by either party shall be in writing, hand -delivered, or sent by certified or registered mail, postage prepaid, return receipt requested. Such written notice shall be addressed as follows: AS TO TI IE OWNER AS TO THE CITY Mr. Gary Eubanks The City Administrator 1004 S.W. 3rd Avenue 55 S.E. 3rd Avenue Okeechobee, FL 34974 Okeechobe FL 34974 Either party may, by subsequent written notice, designate a different address or party for receiving notice a. This Agreement shall constitute a covenant running with the land for the duration hereof and shall be binding upon the OWNER, their heirs, successors in interest or assigns, and upon all persons deriving title by, through or under said OWNER and upon its assigns and successors in title. The Agreements contained herein shall be efit and limit all present and future owners of the PROPERTY and the CITY for the term hereof. b. This Agreement constitutes the entire Agreement and understanding between the parties and no modification hereof shall be made except by written Agreement executed with the same formality of the Agreement. The parties acknowledge that there are no outstanding agreements of any kind between the parties other than as reflected herein. Except as is otherwise specifically provided herein the PROPERTY shall be subject to the laws, ordinances and regulations of the City of Okeechobee, Florida, as they exist as of the date of this Agreement. C. Any reference in this Agreement to the O undersigned or its successors in interest. Assn interest or obligations under this Agreement shall hereunder except upon a release being executed t recorded in the Public Records of Okeechobee Co terms that are mutually satisfactory to the parties. VNER contemplates the iment of any rights or iot relieve the OWNER ✓ the parties hereto and nty, Florida, upon such I am • • IN WITNESS WHEREOF, the parties have hereto set their year first above written. Signed, sealed and delivered In the presence of: Mr. Gary W' ESS OW ` -R Name Printed: ATTEST: CITY CLERK, Lane Gamiotea STATE OF FLORIDA COUNTY OF OKEECHOBEE and seals the day and banks THE CITY OF OKEECHOBEE A political 3ubdivision of the State of Florida MAYOR, J BEFORE ME, personally appeared Gary Eubanks, who is well kno described herein, or who furnished the following as identification I OWNER and who executed the foregoing instrument, and acknowledg executed said instrument for the purpose therein expressed. WITNESS my hand an official seal this 3l _ day of� SHERYL L. WELLS 1 MYCOMMISSION# DDU61(KYL Notary Pu Ic SI:A OFIto� I XVII2IJ N rvrmtxr 16,'_(1115 ",++t t?aNF)rMiv FL No1wy S��vicxi8 EloncAng, Inc. My ('onuniSSi . y Sam E. Kirk to me to be the to and before me that he 2005. BEFORE ME, personally appeared James E. Kirk, Mayor of the CIT OF OKEECHOBEE and Lane Gamiotea, City Clerk to me well known/produced a driver's license and known to me to be the person described herein and who executed the foregoing instrument, and acknowledged to and before me that he executed said instrument for the purpose therein expr ssed. WITNESS my hand an official seal this day of SEAL Notary Public My Commissi( 2005. Expires -7- 0 0 EXHIBIT "A" Attached to Developer's Plat Legal Description: Lots K and L, Block 252, Town of C by the plats of said town recorded in records of Okeechobee bee, Florida as shown -, Florida. • LARUE PLANNING & MANAGEMENT t 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 - FAX: 239-334-6384 e-mail; larue-planning@att.net Me o To: CMsue, ersFrom: JCP Date: March 1, 2005 Subject: Taylor Creek Estates Final Plat The preliminary Plat for this property was recommended for Review Committee on January 10, 2005. At that time, all planning were met. The attached memos demonstrate that the applicant has st planning and zoning requirements set for in the Unified Land Dever JGL:lk cc; John Cook, City Attorney Lane Gamiotea, City Clerk Attachments September 3, 2004 memo to TRC January 10, 2005 Staff Report 469 P02 MAR 01 105 11:15 • ncF,s, Inc. iroval by the Technical zoning requirements �iently satisfied the tent Code. 4e9 P03 N-iR 01 °05 11:16 • i i!1 I It i; ',H ina, 11111C -'llh • Fort Myers, 1Wda 33901-2845 Phone: 23 -334-3366 Fax: 239-334-6384 : Email: l e-ptanning(a?att.net S`laff Report - Prelimi Plat/Subdivision Ravi Preparedfor The City of Okeech Applicant Close Construction Gary Eubanks • 469 PO4 MAR a1 Staff Report Site Plan Review Applicant's Name: Close Con truction for Gary Eubanks Owner; Gary Eubanks Owner Address: 1004 SW 3rd Avenue Okeechobee 34974 Owner Phone Number: 863-763-5001 Applicant: Close Construction Applicant Phone Number: 863-467-0831 Lots K and L of Block 252, the town of Okeechobee, Florida of said town recorded in records of Okeechobee County, Florida. as shown by the plat r This applicant is requesting a preliminary plat/subdivision review for 1.66 acres of land. The applicant intends to subdivide the two lots into 6 individual lots with a single-family residence on each lot. Existin Proplyed Land Use Vacant 6 dw lung units Future Land Use Map Single Family Single Family Zoning RSF-1 RSF- Rea�ulMd,�„_ fto-v_i Led Density 5 du/acre 6 du n 1.66 acres Min Lot Area 10,000 sf 12,00 sf Mina Lot Width 75 feet 120 f et Setback Requirements Front 25 Met on each lot Sides 10 Met on each lot Rear 10 Met on each lot Max Lot Coverage 45% 17% Max Cmpery Surface 5S% 25% Page -1- 05 11:16 Staff Report Site Plan Review Maximum Heil • JU t08t rariong Number of spaces 2/du C/oae 2/du 469 P05 MAR 01 '05 11.16 • Applicant's Nam#: Wctlorn her Gary Eubanks shall not exceed 30' in LanOscaping Parking Area None required Buffer None required Staff recommends approval of the preliminary Plat/subdivision of the above mentioned property. Submitted by: James G. LaRue, AICP Planning Consultant 10 January 2005 Page -2- NHR 31 ' 05 11: 17 LARUE PLANNING & MANAGEMENT 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 -, FAX: 239-334-6384 e-mail: lwue-planning@att.net 469 P06 RES9 Ine. Me o To: Katrina Vinson, General Services Coordinator TRC Members From: James G LaRue, AICP Date: September 3, 2004 Subject: Replat Review for Block 252 Owned by Gary Eubank This is a request for a replat of land that was recently the subj act of a zoning change (from RMH to RSFI ). Although there may be some lesser requirements necessary for a replat review, we have examined the six lots with regard to the City's Subdivision regulations. The table below represents our continents and the replat should be recommended for approval. Replat Black 252 - Eubank Section 86-72 Plats and data for conditlonal acce t nce or approval. (1) Proposed subdivision name or identifying title, which shall not duplicate r Replat only, existing closely approximate the name of any other subdivision in the Cit . name can remain. 2 Key Ian shown location of tract In reference to other areas of the City. I Yes (3) North arrow, graphic scale, scale, and data; basis of bearing (desired a d true bearin Yes 4 Name of the owner of the ProDerty or his authorized a ent. I Gary Eubanks (8) Name of registered engineer or surveyor responsible -fort* plat and Tradewinds supporting data. Professional Servlces Inc. 6 Tract boundaries with angles and d(stances. Yes (7) Conditions on tract, including all existing watercourses, drainage ditches and bodies of water; marches; rock outcrop, isolated preservable trees one foot Yes, engineer more in diameter and other significant features. should confirm. (8) All existing streets and alleys on or adjacent to the tract, including name, right- of-way width, street pavement width, and established centerline elevations. sting Yes streets shall_be dimensioned to tract boundaries File; Eubanks Slock252 Rnplet Memo the 0 LARUE PLANNING & MANAGEMENT 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 • FAX: 239-334-6384 e-mail: larua-planning@att.net easements, and the 459 P07 MAR 101 ' 05 11 : 17 VICES, Inc. for 0 0) Location, names where applicable, and width of all proposed streets alleys. rights -of -way, easements, and purpose of easements, proposed lot fines ith Yes a roximate dimensions; of numbers. and block numbers. 01) Ground elevations on the tract, based on USCGS datum level at mi imum contour intervals and sufficient data to show disposition of surface drains (City Requires verification datum based on USCG$ datum acce table). with engineer. e conditions on the tract; location and results of tests ma (12) Sub:tests a !o ascertainrface soil, rock, and groundwater conditions; depth to qro unless teare dry at a depth of three feet; location ndwater Engineer should and results of soil ercolatiif individual wastewater dis I systems are Permitted. confirm, (13) Written statement and graphic representation and profiles, if necess shovAna ry, See roadway and Droposed orades of streets and facilities for drains . sidewalk details. (14) When applicable, future land use Classification on and near the tract. We will check that Information, but it should be shown in mao form. 05Utilities on or adjaoent to the tract. Indicate whether above the ground or Will have to be below the around, shown. (16) Sites, if any, to be dedicated or reserved for public use. Not clear, but streets would be examoles. (17) Preliminary apeciftcations for required improvements such as streets, curb Some are shown and cutter_ wntwr s9niYnry uea�lau��wr --__ (18) Title and certifications; present tract designation according to official records in the office of the county clerk; names and addresses of owners, including certification from developer's attorney or abstract company that the dedicator plat is the owner of record at the time plat is to be accepted for filing; statement of the City Attorney will form the owner that there are no mortgages on the property; If there are nor*, there be a mortgage, a letter of acknowledgement form the or if need to review later if it is necessary on mortgagee stab the approves the platting; certificate from the developer's attorney, or the g that unty a replat, tax collector, that all due taxes have been paid at time application for condit on 19) covenants, File: Lubanks Block252 Repiat Memo proposes to to (a) LARUE PANING & MANAGEMENT! 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 • FAX: 239-334-6384 e-nuil: larue-planning@att.net on Z. Rea lot &'*a. Except File: Fubaar. 81ock252 Replat Memo ntial On le =amil O further restricted by these regui I districts shall be as follows: 12 000+ Ail lots Be 100+ widths are a 469 P0O f$HR 01, ° L15 11 : 19 CES, Inc. 1) District a particular use, • HEAR The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a PUBLIC HEARING Ti in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee I County, Flo ida, was published in said newspaper in the issues I f 1 ---- Affiant further says that the. said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been — published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper.. f Sworn tlS an subscril� before me this day of A.D. 20 Notar Public, State of Florid at Large ;o Karmen R Commission # F;xpires: Jan bonded L553241 NOTICE: Thomas C. Clo; filed a Final Plat Applicatioi banks, with the City of Oke ING will be held before the 6:00 p.m. or as soon there nue, Room 200, Okeechob aged to attend. For a copy (863) 763-3372 x212. The proposed project is The land area is approxim< being Lots L and K of Bio( bee. The property' Southeast 5th and 6th'Av( be reviewed in the Genei Monday through Friday, E PLEASE TAKE NOTICE appeal any decision M. considered at this hearint the proceedings, and for record of the proceeding: and evidence upon whict for the sole purpose of b • In accordance with th( da Statutes 286.26, Pers dation to participate in th later than two (2) workin x215; if hearingg or voice 888-447-5620 (TTY). Lane Gamiotea, CMC ON 2/11,21/05 OTICE CONSIDER A FINAL PLAT LOR CREEK ESTATES President of Close Construction, Inc. has on behalf of the property owner, Gary Eu- ;hobee, Florida. The FINAL PUBLIC - ,ity Council on Tuesday, March 1, 2005 at eras possible, at City Hall, 55 S.E. 3rd Ave- ;, Florida. The public is invited and encour- fthe agenda contact City Administration at can a 6 lot Residential Single Family Subdivision. [ely 17,627 square feet. The legal description k 252, Replat of Block 252, City of Okeecho- fbetween Southeast 2nd and 3rd Streets and Hues. The complete application material s el Services Department located at City Hall, 00 a.m. to 4:30 p.m. excluding holidays. aND BE ADVISED that if any person desires to by the City Council with respect to any matter such interested person will need a record of >uch purpose may need to ensure a verbatim is made, which record includes the testimony the appeal is to be based. City Clerk tapes are ickup for official records of the Clerk. Americans with Disability Act (ADA) and Flori- ins with disabilities needing special accommo- s proceeding should contact Lane Gamiotea no 1 days prior to the proceedingg at 863-763-3372 impaired, call TOO 1-800-222-3448 (voice) or CITY CLERK Brown )D272I 18 17, 2008 U t:.o,Tnil • 0 EXHIBIT 6 MARCH 1, 2005 ORDINANCE NO. 883 AN ORDINANCE OF THE CITY OF OKEECHOBEE, F THE OFFICIAL ZONING MAP OF OKEECHOBEI CERTAIN TRACT OF LAND MORE PARTICUL HEREIN, FROM RESIDENTIAL SINGLE FAMIL' DISTRICT TO COMMERCIAL PROFESSIONAL OFI DISTRICT, AMENDING THE ZONING MAP ACCORE FOR CONFLICTS, SEVERABILITY AND AN EFFEC' Whereas, the City Council of the City of Okeechobee, F Number: 402 in which a revised Official Zoning Map Whereas, the owner of the property more particularly descrit filed a petition (Petition No. 05-001-R) pursuant Regulations of the City of Okeechobee for the purpo: of land consisting of 0.321 acre(s) from Residential Zoning District to Commercial Professional Office (C this request be removed from the boundaries of the ab for the processing of the rezoning application; and LORIDA AMENDING BY REZONING A ARLY DESCRIBED r (RSF-1) ZONING -ICE (CPO) ZONING INGLY, PROVIDING DIVE DATE. i has adopted Ordinance adopted for said City; and 1 hereafter, has heretofore o the Land Development of rezoning a certain tract ingle Family -One (RSF-1) )) Zoning District and that ,e mentioned zone to allow Whereas, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: Now Therefore, be it ordained by the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, that: Section 1. Legal Description. The following described land, located in the City of Okeechobee, to -wit: Lots 1 and 2 of Block 78, CITY OF OKEECHO EE, according to the plat recorded in Plat Book5, Page 5, ublic records of Okeechobee County, Florida. Section 2. Zoning Map Amendment. That the aforesaid Revised Zoning Map of the City of Ok aechobee be amended to reflect the subject property zoning classification to be changed from Residential Singe Family -One (RSF-1) Zoning District to Commercial rofessional Office (CPO) Zoning District. Section 3. Conflict. All ordinances or parts of ordinances in conflict he Section 4. Severability. If any provision or portion of this ordinance is declared b jurisdiction to be void, unconstitutional, or unenforce provisions and portions of this ordinance shall remain in Page 1 of 2 are hereby repealed. any court of competent lle, then all remaining If force and effect. 1�1 Section S. Effective Date. This Ordinance shall take effect immediately upon INTRODUCED for first reading and set for final public 2005. ATTEST: Lane Gamiotea, CMC City Clerk PASSED AND ADOPTED after Second and Final Public 2005. ATTEST: Lane Gamiotea, CMC City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook City Attorney Page 2 of 2 passage. on this 1*t day of March, James E. Kirk Mayor •ing this Ir day of March, James E. Kirk Mayor • l J City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: 5 Petition No. o5 001 - e" Fee Paid: �(��� Jurisdiction: �? 1st Hearing: ..A ). � (� nd Hearing: 3 I 1 51 ©c-- Publication Dates: �� � a9c 5 C c- Notices Mailed: Uniform- Land Use Application Rezone • Special Exception • Variance ✓ Name of property owner(s):.�_y�� A Owner mailing address:�i�'7i`,`� �r ��Z S•.�,��f ��Y P P Name of applicant(s) if other than owner (state relationship): L I Applicant mailing address: C A. Name of contact person (state relationship): iz i;f4 &j/1 ✓/ N SL 3 T Contact erson daytime phones : 41,E 7 - C 6 FEProperty address / directions toproperty: Af_.yj// Indicate current use of property: ► ,,4-eA-vq " Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): Approximate number of acres: �/J ,r Is property in a platted subdivision? �j�t � Ili t�rCg f �K P R Is there a current or recent use of the property that is/was a violation of county ordinance? /lV � If so, describe: 0 P . E Have there been any land use applications concerning all or part of this property in th nature and applicant's name: 11112'1 a last year? If so, indicate date, R Is a sale subject to this application being granted? fir, T Y Is the subject parcel your total holdings at that location? If not, describe the remaining �J or intended uses: Describe adjoining land uses / improvements to the North:Y1 South: ` `�' }'F� East: S West f Existing zoning: `tj j ( Future Land Use classification: Actions Requested: Rezone Special Exception Variance Parcel Identification Number: --/5 `. - -VIC) C10.,7D "G e77U ✓ Confirmation of Information Accuracy I hereby certify that the information in this application is convect. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 d imprisonment of up to 30 days and may result in the summary denial of this application. '� r is Gi1FZ_ - d-1- 6)�5 _ Sfgtt a Printed Name Date M34 Uniform Land Use Application (rev. 1/03) Paee 1 of 2 • Current zoning classification: S V' _ Requested zoning classification R What is your desired permitted use under the proposed classification: E Z J CL�►�W�PL�vi! '>�iE t�YIA.� ����Ci2' L`Lc/,21 ' O N If granted, will the new zone be contiguous with a like z ne? IA W Ua Special Exception necessary for your intended use?�� Variance? Describe the Special Exception sought: SFHE. P T. 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"m the best interest of the area and residents? P' T ,O If business, briefly describe nature including number of employees, hours, noise generation and activities to be N conducted otitside of a building: Describe Variance sought: v A R Describe physical characteristic of property that makes valiance necessary: I /. 11 N. C Did you cause or contribute a characteristic? Is so, describe: E What is the iriimum variance necessary? n"gin I of 7 • January 20, 2005 David & Anita Nunez, Jr. 2085 S.E. 4 th. Street Okeechobee, F134974 863-467-0611 Statement of Interest The Applicants are the legal owners of record of the City of Okeechobee Lots 1 & 2 Block 78 according to Plat Book 5, Page 5, public records of Okeechobee Cc t id Nunez, Jr. Anita S. r described as: plat recorded in i, Florida. �J First Baptist Church of Okeechobee Randy tluchabee. Th.D.. re,tor/Teacher lamer Garner Partor of Dirciplerhip David 11arry Pa,tor of Wor,hip tarry Woodward Partor of Senior ndultr Cindy Maynard Director of Recreation Minirtry Glenda llordaher Director of Children'r nlinirtry 401 3. W. Fourth Street Okeechobee. Ft 34974 (863) 763-2171 Fox (863) 763-8904 e-mail: #bcoltee@eaethlinit.net January 21, 2005 Dear Sirs, I would like to request on behalf of B that the property on the attached apF Light Commercial Use. It is the desii tion to purchase this property and co foot office building for our Director of The office will serve as the headquai Southern Baptist Churches around L traffic will vary but will average less t randomly visiting the office per day. Gated in Clewiston but it is the desire sate to Okeechobee due to growth pi greater portion of the population will i lake. The activities of the Association will be Resources will be made available for v up and use for their own ministry (Rest Committees will periodically meet with during the day as well as early eveninc to serve as an administrative office for Thanks for your assistance. Lake Baptist Association cation be rezoned for of the Big Lake Associa- >truct a 1600 + square lissions and a secretary. s of all the cooperating Okeechobee. Daily i three to five vehicles e office is currently lo- the Association to relo- )ctions indicating a ide on this end of the planned from this site. arious churches to pick lurce Library). the Director of Missions s. It's main purpose is :he Baptist Association. 'Ibis Document Prepared By and Return to: CONELY & CONELY, P.A. TOM W. CONELY, III 401 N.W. 6TH STREET P.O. DRAWER 1367 ;� OKEECHOBEE, FL 34973-1367 VI) Parcel IDNumher: 3-15-37-35-0010-00780-0010 Grantee tit TIN: Grantee lit TIN: Warranty Deed ThislndentBre, Made this 16th dayof April , 20( ROBERT C. PARKER, SR. and JOANNA PARKER, his wife of the county of Okeechobee , state of Florida DAVID NUNEZ, JR. and ANITA S. NUNEZ, his wife whose address is: 2085 S.E. 4th Street, Okeechobee, FL 34974 of We county of Okeechobee , Slate of Florida Witnesseth that the GRANTORS, for and inconsideration of the sum of ------------------------TEN DOLLARS ($10)-------------- and other good and valuable consideration to GRANTORS in hand paid by GRANTEES, the receipt wF granted, bargained and sold to the said GRANTEES and GRANTEES' heirs, successors and assigns forever, lying and being in the County of Okeechobee State of Florida Lots 1 and 2, Block 78, OKEECHOBEE, according to the recorded in Plat Book 5, Page 5, public records of Ok Florida. • ¢ A.D. , Between , grantors, and , grantees. -- - - - - - -- DOLLARS, ,reof is hereby acknowledged, have the following described land, situate, to wit: flat thereof sechobee County, Subject to restrictions, reservations and easements o record, if any, which are not reimposed hereby, and taxes subse record, to December 31st, 2003. and the grantors do hereby fully warrant the title to said laud, and will defend the same against lawf In Witness Whereof, the grantors have hereunto set their hands and seals the day and year first abc Signed, sealed and delivered in our presence: c claims of all persons whonvsoever. e written. EVA MAE CONELY'ROBERT C. PARKER, SR. Witness P. ddress: 209 N.E. 61h Sir t, Okeec i TO C NE III A PARKER fitness I' . Address: 209 N.E. 6th Street, (keechr STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this 16th day of April ROBERT C. PARKER, SR. and JOANNA PARKER, his wife whoarepersonally known lomconvhohaveproduced their Florida driver s license as is lilicati T�m• n!at, - EVA MAE CONELY MY COA4MISSION q CC 060503 EVA MAE CONELY EXPIRES: Dumber12,2004 NotaryPublic B-I.d Ih,u Notary PAN, Und.M10 is My Cununission Ezpires: 12 / 1 2 / 04 (Seal) FL 34972 (Seal) FL 34972 , 2004 by uNV• ', PAtitn•IR • BOW A. �•a� GPI-IALT PI F- i an GTRW SDO'A/M - ASPHALT EAR AGPHSALT PBF T DIE WEST (ASSUMED) 510. DO'I F. P) ABF vlCaO WEST 100. D0'[F, PI ABF N E No. WO Na. WE 70. DO'(C, Pj 100. (C, s/w/Ceo-i-- 00'PI ABF /Coo it. 1 30 O EGO ADUE : AS Karl — W o o J J TYPICAL Lee" INN MRICAU-SEE DNANINiI Ar LOT 3 '6' LOT 2 LOT I VACATtT VA,^.AiTT PAIFPEiUNINT IEFDOCE NnmIF](T � Nr ���jjj ���5ff ` IL VACArTT — — CNF-"�ETE ININ �i FOFOAM a. CM5-CpICfETE MAW SET r � I 1O i° �18AAN a IN I 8 $ SEAT N/CW la 5011 FOUND PIDFFQAYATIAE �Z US 0 I PC :IDd PT -POINT-OF-TN01SEC I PPFIC�PDIMfT�-w n CURVE Pm-po Nt- F-CMMDCE U POO-POINT-OF-BEGINNING pp d �D AlfI/Cap POL-POINT-ON.LINE 9Fa10 - SD. FL WTBI NY4aFIENt DIST. C It `• I J W — — — — — — M. 5178 $A9.59'30'e 100. 00'(i. P) SDIOD DISTRICT DrR� ADF N/Ca-CEPMTENOF TAANNMATI(N We ALLEY IBF v/Can No. 5178 UTS-WITED TELEPHONE MWICE �( 8a FPL-FLNi1DA POWER LIGHT M Nd.5t78 pp S89'59'3n•N f0a 00'lF, PI ��= �a Y (F)-FIELD MEASURE (P)-AS PER PUT I NCE PER 9/1-FENCE ill :•i ABF N/Can TpN No.5178 (�. WA41G;.� U III-- E� MC FC -FENCE COVEN PP -POIFA P0.E ENCPOACXES I. B' Y r� CNP-CDIBOL NET. PIPE TWTI P Oi BA K 1101WINF.CDNLPIPE CB -CATCH BASIN LINEw-NA7EI1 NE7ENFENCE Eras:QL LlneNO ,rOYEp4 LINEUs-UcANi0111mxr JFENCE f3�. e fl11. MerinoQs! slam S. rslAtivo AAwalrqry. DUE NEST SN/A M.E7tA n along StreetErICE 2. This WI Is blood as InformationPAIYACY O. !'Epraslnad CHAMAILK 0.6ar by the caetoerlogMt and no rd oo made of public r¢drw Oy'•n MIs off was, daaMNae, nts,ot1. ght-0 ewsewtaor alght-o'IrIff mayd.g i No YIAIb1A r w rwnd leproaewnl FC: D. VIL $ �e LOT 10 LOT I I w LOT 12 I no Own lautwd� tept a onon. N. This survoy is net sails of tAwt uu Aignatun Nd tTM arlyylnal FMC IDerlm �� ralwd nostol of a Ftl oalw Ll unsod = _:_ SUr,e or wd NAOOar. e ABF In Cont. 989'S9'30'X f00. DO'I F. PI ./Can No. 6. According to FIRM sap dated 2/OU199! — — — — — — — — _ 7O. DD'(F, 0) Nd. 3171 eml . 77 N89'S9'3PE 410.05'IiJ u0"IP1 i8F N/Lan Ni. 51wlCap ABF 78 — — — — in Not Included AaaA of CI Llalta. Flood tons C or @wcnedoo County a W W No. 5L78 Pl arming E toning Department. r � EDGE -T S. RUTTY Address Is 209 N. E Bin Stmt OXwcMMa FIL �%• s e,a A 70'A/N - ASPHALT 7. To pay bA Additional restrictions EDGE AGPHALT that ay a tfund 1ndtn. this mIt Rotdras. =a \n — — — — — — — — �— — — — — LOTS t { iL BLOCK 78, ding a4 In Pla to tM girt a to of AA retard- f so your ad In Plot Book 1. Page 10 of o UI Florida.In$Public Mtlitafdt of DXwDBw0.el CtT, Flo I � I �J �IYI a �LLl�lal P 1375 Jac s treet, Suite 206 Fort My rsfrida 33901-2845 Phone: 2 9-334-3366 Fax: 239-334-6384 Email: I rue-planning(a,att.net Staff Report Rezoning Req Applicant: David and Anita Nunez From: RSF-1 To: CPO Commercial Professional Office Petition No. 05-001 R • Staff Report Rezoning Request licant: David & Anita Nunez Petition No. 05-001-R Applicant: David and Anita Nunez Applicant Address: 2085 SE 4`' Street 34974 Okeechobee, FL Applicant Phone Number: 863-467-0611 Future Land Use Classification Single Family Commercial Zoning District RSF1 CPO Use of Property Vacant Church Office Acreage 0.321 0.321 Access NE 3` Avenue & 7r' Street Location: N. Highway 441, East on NE 7"' Street to �rd Ave. NE Corner Legal Description: 3-15-37-35-0010-00780-0010 Lots 1 and 2, Block 78, OKEECHOBEE, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Pecords of Okeechobee County, Florida. The applicant is requesting to rezone a parcel of land from SF-1 to CPO Commercial Professional Office. The applicant would like to sell the property to a church which will utilize the property as an office. A future land use change from Single Family to Commercial has preceded the rezoning request. The applicant is proposi g to build a professional office building. The uses for CPO are set out below: See.90-221. Generally. (a) Commercial professional and office (CPO) zoning districts shall be permitted only on land designated as future land use category commercial in the comprehensive plan. (b) Uses in commercial professional and office (CPO)Zoning Districts shall be subject to the regulations of this division. Sec. 90-222. Permitted uses. Subject to the limitations that storage of merchandise, and no manufacture or mechanical and no trucks larger than three-quarters ton capacity shall bf uses and structures are permitted in the CPO district: (1) Professional office, business office, medical office. (2) Funeral home. no retail sales, or display or repair work shall be permitted, used, the following principal Staff Report Rezoning Request Sec. 90-223. Special exception uses. The following uses CPO district after issuance of a special exception use peti conditions imposed at the time of approval: (1) Day care center. (2) Barbershop, beauty shop. (3) Cafe. (4) Business school. (5) Private club. (6) House of worship (7) Public facility and use. (8) Public utility. (9) Permitted uses in excess of 45 feet in height. ant: David & Anita Nunez Petition No. 05-001-R structures are permitted in the and may have additional North: Future Land Use Classification: Industria Zoning District: Industria Existing Land Use: Auto Repair Shop Fast: Future Land Use Classification: Zoning District: Existing Land Use: Single F Residential Vacant ily Single Family 1 South: Future Land Use Classification: Single FaIn Zoning District: Existing Land Use: Residential _ le Family 1 West: Future Land Use Classification: Single FaZoning District: Existing Land Use: Residenti Trailer Pa le Family 1 k The subject property is currently zoned Residential Single Family (RSF-1) and a Future Land Use category change to Commercial is pending for this property. The applicant is requesting a rezoning from RSF-1 to CPO Commercial Professional Office. The applicant is proposing to sell the property to a church for use as an office building. I. The proposed zoning is not contrary to Comprehensive P. No, the proposed zoning is not contrary to Comprehensi requirements. Plan requirements. 2 0 Staff Report Rezoning Request 2. The proposed use being applied for is specifically aut the Land Development Regulations. Yes, the use as a church office is specifically authori 3. The proposed use will not have an adverse effect on the No, the proposed zoning and use will not have an adver 4. The use is appropriate for the location proposed, is re land uses, and is not contrary or detrimental to urbanL The use as a church office, or other CPO uses, is appi is compatible with adjacent land uses. The proposed urbanizing land use patterns on this block. nt: David & Anita Nunez Petition No. 05-001-R d under the zoning district in under the CPO Zoning District. lic interest. effect on the public interest. !sonably compatible with adjacent ng land use patterns. ate for this location. This zoning is not contrary or detrimental to 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjace l property. No, the proposed zoning and use will not adversel affect property values or living conditnions. 6. The proposed use can be suitably buffered from sure impact of any nuisance or hazard to the neighborhood Yes, the proposed use can be buffered form surro 7. The proposed use will not create a density pattern t such as schools, streets, and utility services. No, the proposed use will not create a density facilities. No density is involved. uses, so as to reduce the uses if necessary. would overburden public facilities that would overburden public 8. The proposed use will not create traffic congestion,looding or drainage problems, or otherwise affect public safety. At the site plan review stage, the impact on traffic, fl discussed. At this time, however, it does not appear negatively impact public facilities. 9. The proposed use has not been inordinately burdened No, the proposed use has not been inordinately burdenf ig or drainage problems will be the proposed CPO zoning will unnecessary restrictions. by unnecessary restrictions. 3 L' Staff Report Rezoning Request 10. The proposed change will not constitute a grant of owner as contrasted with the public welfare. No, the proposed use will not constitute a grant of owner as contrasted with the public welfare. Applicant: David & Anita Nunez Petition No. 05-001-R The proposed zoning would be consistent with the City's Small Scale Amendment is approved as Commercial. Staff recommends approval of the request to allow rep Professional Office permitting the applicant to use the Submitted by: James G. LaRue, AICP Planning Consultant 17 February 2005 vial privilege to an individual al privileges to an individual prehensive Plan if the g from RSF-1 to Commercial ,ertv as a church office. 4 CITY OF OKEECHOBEE PLANNING BOARD FEBRUARY 229 2005 SUMMARY OF BOARD ACTION 1 of 3 F AGENDA III ACTION - DISCUSSION - VOTE 11 40CALL TO ORDER - Chairperson. * Planning Board, February 22, 2005, 7:30 p.m. IL CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary Chairperson William Ledferd Vice Chairperson Dawn Hoover Board Member Daniel Creech Board Member Kenneth Keller Board Member Thomas Keller Board Member Christopher Mavroides Board Member Douglas McCoy Alternate Member Sandra Jones Alternate Member Devin Maxwell Attorney John R. Cook Secretary Katrina Cook III. MINUTES - Secretary. for the November 23, 2004 regular meeting. Chairperson Ledferd called the February 22, 2005 Planning Board meeting to order at 7:22 p.m. Board Secretary Cook called the roll: Present Absent (with consent) Absent (without consent) Present Present Present Present Present - serving as a voting member Present - serving as a voting member Present Present Member T. Keller moved to dispense with the reading and approve the Summary of Board Action for the November 23, 2004 regular meeting; seconded by Board Member McCoy. I VOTE JONES - YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA MAVROIDES - YEA MCCOY-YEA MAXWELL - YEA MOTION CARRIED. AGENDA ` IV. NEW BUSINESS. A. Rezoning Petition No. 05-001-R. Consider a recommendation to the City Council to rezone the property located at the Southwest corner of NE 7th Street and NE 3rd Avenue from Residential Single Family - One (RSF-1) to Light Commercial (CLT). David and Anita Nunez are the property owners and applicants - Exhibit 1. February 22, 2005 - Planning Board - Page 2 of 3 ACTION - DISCUSSION VOTE Jock Robertson, representative for City Planning Consultant LaRue Planning and Management, briefly described the Staff Report as follows: Planning Staff Report Summary: The subject property is currently zoned Residential Single Family (RSF-1) and a Future Land Use category change to Commercial is pending for this property. The applicant is requesting a rezoning from RSF-1 to CPO Commercial Professional Office. The applicant is proposing to sell the property to a church for use as an office building. Planning Staff Report Analysis: (1) The proposed zoning is not contrary to Comprehensive Plan requirements. (2) The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes, the use as a church office is specifically authorized under the CPO Zoning District. (3) The proposed use will not have an adverse effect on the public interest. (4) The use as a church office, or other CPO uses, is appropriate for this location. This zoning is compatible with adjacent land uses. The proposed use is not contrary or detrimental to urbanizing land use patterns on this block. (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 proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. (7) The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No density is involved. (8) The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. At the site plan review stage, the impact on traffic, flooding or drainage problems will be discussed. At this time, however, it does not appear that the proposed CPO zoning will negatively impact public facilities. (9) The proposed use has not been inotilinately burdened by unnecessary re triotions (10) The proposed chan will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Planning Staff Report Summary and Conclusion prior to Certification: The proposed zoning would be consistent with the City's Comprehensive Plan if the Small Scale Amendment is approved as Commercial. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from RSF-1 to Commercial Professional Office permitting the applicant to use the property as a church office. • - AGENDA IV. NEW BUSINESS. A. Rezoning Petition No. 05-001-R, continued. V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such Durnose may neM in --- .. a -..�.�.:� - --- ---••••• •-T 6 — P--umgs is mace, winch record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. ATTEST: Katrina Cook, Secretary William Ledferd, Chairperson February 22, 2005 - Planning Board - Page 3 of 3 ACTION - DISCUSSION -VOTE Tom Murphy, representative of the applicants, explained that the applicants did not object to the change from Light Commercial (CLT) to Commercial Professional Office (CPO). There was no discussion from the Board, nor any public comments. Board Member Mavroides motioned to recommend to City Council to approve Rezoning Petition 05-001-R, changing the zoning from Residential Single Family - One (RSF-1) to Commercial Professional Office (CPO); seconded by Board Member T. Keller. VOTE JONES - YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA MAVROIDES - YEA MCCOY - YEA MAXWELL - YEA MOTION CARRIED. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:52 p.m. • EXHIBIT 7 MARCH 1, 2005 ORDINANCE NO. 884 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AND STREETS OR RIGHTS -OF- Y AS DESCRIBED HEREIN, WITHIN BLOCK 194, CITY OF OKEECHOB E, AND A PORTION OF SOUTHWEST 5T" STREET, AS RECORDED IN P T BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FL RIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an Alley Closing Applica ion (No. 74) from the First Baptist Church of Okeechobee for the closing of a certin alleyway and a portion of a certain street as described in this ordinance to utilize he entire property for future development; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legiti ate public interest and is a proper exercise of the municipal authority of the ity of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED by the City Council r the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the M yor or designee, as Chief Presiding Officer for the City: Section One. The alleyway and street described hereaft r is hereby closed, vacated and abandoned by the City of Okeechob e, Florida to -wit: A fifteen foot wide alley running East to West, between Lots 1 to 6, and 7 to 12 within Block 194, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5 of the public records of Okeechobee Cout,ity, Florida; together with That portion of Southwest 5'hStreet lying between Southwest e and 5m Avenues and between Block 187 and 194, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5 of the public records of Okeechobee County, Florida. Section Two. The City of Okeechobee, Florida hereby reserves unto itself, its successors and assigns, a perpetual, non-exclusive easement for public utility purposes in and over the alleyway located in said Block 194, CITY OF OKEECHOBEE and alonG the Southernly portion of Southwest 5t' Street. Section Three. The City Clerk shall cause a certified recorded in the public records of Okee, Page 1 of 2 of the ordinance to be County, Florida. • Section Four. This ordinance shall be set for final public hearing the 5tn day of April, 2005, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearingl this 1st day of March, 2005. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED and ADOPTED on second and final public hearing1this 5t' day of April, 2005. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor 0 0 CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION APPLICATION NO. First Baptiat-C-h-urch of Oli�eechobee Inc. 401 S.W. 4th Street Okeechobee,• SS° f a—..� iir �a�`i p''"�s�>•.,t�3��Cn§g� `�" i • • r M—M K x� fti ° +1FS"�� ii, 0 �OJ)yyp./,,OyO a� r Yi @i'F�.� ,. Sv'Y�4'^A� ` i' ,e > r`Y `I L`i r ... �, � `;tip. �+ '�� � 'ia���-�� 4!. f8',.. }tom t` +1 +n, } .. �i I fi., ,, � t, 0,;1 d W, r�r2 }�� � � �, wi- r nd` Y�C3. t I f,• xu k i 2� ..,:. � a '� r 4 • ° �8 ��� i 'ti9 + Y � - r R a.'Y}' k jl tR,.l . � �Au'� •, YriC '�lj+Jj" 1 1 '� Sf Y7',lt ti. yµ Y➢tlJiti L�a�.a�,,�c�,S.�wu�W4�Yai�G+�u`faS1G!$r�k"r. ]se3.�s�''aY �Y.cta.'..._ F Okeechobee Alley running East to West in Block 194, • "ames 15y Me w—o-r-d-1--"-a-n7T both s-i"g—natures ar%�- required (for example: Jim and Jane Doe). SIGNATURE b PPLICANT: SIGNATURE. CO -APPLICANT: P• Prim me* Print Name:' I• The foregoing instrument was acknowledged before me this J--nk��=A 1 by ° - 1 . . . . . - • 1 (co -applicant) who produced as identification arr1k Emkn I 11 1 No" ture) r, (Name of Notg a fi Fly'.• #`,79y*,. !: r} e e 4 r. #?0 r.,��y®-i"'n.�+' ,"hI .+b,be a,.'i�}q}' •F. ay 0 ®�? g ���� &+... G' _",4,¢�' R���y r � , �-� �, � �q �[[(r� i d N� �gE,`F�B� tq♦♦p-�c�s� {�� p t •�N ^� "�iy].w{�id i t.«' s ", a! r � . �S ,,4a ,mr�, . k f9��` ¢l+ngYle�Tnv, "iC°a 8 3r: � •C ,6i ej R..< � x�9,.:' 1 - t :.. wTi rt+, i + r A� Sylj� k ; f. ,q►�+: } �.��` ,, f Y�+$ (B ,�1 ,y' p� � (y, ,y] t Ail1-ij � �y, � tf �.. 1 'f � w (Y8 � e e .�:.r� . T y 'Y -V..,h �°''s.. A"tC �!" ryi5 �r ,N,.. '" !� •b d�'' d d l' S d1i� < .;'td+. °�n =.,.W;i q � F a�� f,. jy '. t `�d�Lrd'+"edW'"i4�t�A..#.�:SL`i h?+B.A.Yi„0 8 0 •'�..��J.�:.1&A:�'/ 0 P: � y } 0.�'7, I _ r , i, y{ , , 01� F d& "'`� R f B „�• '� -f8f e-� '�."� � � z L R . {t• r re^ 7 , E��:eetSd.+riv3:A:Cas.;n Syr l.;. i, t.n !'.+a.:$e r r S' e 0 0 ON ST 8US01"S; a) Future expansion of Church facilities with consideration of easements and/or possible transferring of utilit lines to different area of the Block in consideration of safety. b) covered drive -up or can py into or up to the alley so as to allow urch members better access to Church facili ies during inclement weather. C) Parking. N • Prepared by and return to: JOHN D. CASSELS, JR. Docurnet Attorney at Law $ Cassels & McCall Class C P.O. Box 968 400 NW Second Street of $ ­C Okeechobee, FL 34973 Sharon F 863-763-3131 Okeechol File No.: 9901 Parcel Identification No. 3-15-37-35-0010-01940-0010 Date: /o S4amps paid in the amount of [Space Above This Line For Recording Da Warrant Deed r)`J r3 (STATUTORY FORM - SECTION 689,02, F. .) This Indenture made this 21st day of September, 2001 Between Tax i1uld in the arnottnt n, Clerk olt Circuit Court nty, Florida D.C. LINDA RUCKS KNISELY and ROBERT KNISELY, her husband whose pos office address is 401 S.W. 5th Street, Okeechobee, FL 34974 of the County of Okeechobee, State of Florida, grantor*, and FIRST BAPTIST CHURCH OF OKEECHOBEE, INC., s Florida not for profit corporation whose post office address is401 S.W. 4th Street, Okeechobee, FL 34974 of the Countv of Oke chobee, State of Florida,grantee*, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County Florida, to -wit: Lots 1. 2 and 3, Block 194 City of Okeechobee, recorded in Plat Bo k 5, Page 5, Public Records of Okeechobee County, Florida. Subject to restrictions, reser vaiions and easements of record, if any. and said grantor does hereby fully warrant the title to said land, and will defe -�d the same against lawful claims of all persons whomsoever. * "Grantor" and "Grantee" are used for sings'ar ur plural, as cont�xt requires. In Witness Whereof, grantor iias hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: 4 Y - Scs+ Witness Na e: Beverly Shurte%J State of Florida County of Okeechobee %O�S cLIN P. RUK ROBERTT KNISELY The foregoing instrument was acknowledged before me this _ day of Septem and ROBERT KNISELY, who Ware perso„ally kn, as identification. [Notary Seal] Notary Public Printed Name: EIHICRLEY M. PASSWATERS My Commission m E,p. 312212002 No. CC 726187 y Known I I00W I.D. ,587f� It is hereby certified that we have prepared this instru. ment from information given to us by the p^rties hereto, We do not guarantee either marketability of title, aCCu- racy of description or quantity of land described as we did not examine the title to the property involved. (Seal) 2001 by LINDA RUCKS KNISELY or [_] have produced i td Tr I nf' - p I 1,,I iDF ' h [Space Above This Line For Recording I Warranty Deed This Indenture, Made this 24th day of July LOIS B. HIPPS, of the County of OKEECHOBEE , state of Florida FIRST BAPTIST CHURCH OF OKEECHOBEE, INC., a c, laws of the state of FLORIDA whose address is: 401 SW 4TH STREET, OKEECHOBEE, Florida of the County of OKEECHOBEE , State of Florida Witnesseth that the GRANTOR, for and inconsideration of the sum of - - - - - - - --------------------- TEN &NO/100($10.00) ----- and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, t] granted, bargained and sold to the said GRANTEE and GRANTEE'S successors and situate, lying and being in the county of OKEECHOBEE scat LOTS 4, 5 AND 6, BLOCK 194, OKEECHOBEE, ACCi THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PU] OKEECHOBEE COUNTY, FLORIDA. AUG �Ji PdGc91 FIU ; i+ n lata] ,19 92 A.D. , Between 4 , grantor, and existing under the , grantee. ------- --- - ----- DOLLARS, receipt whereof is hereby acknowledged, has issigns forever, the following described land, of Florida to wit: RDING TO THE PLAT LIC RECORDS OF �el) Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to 1991. The property herein conveyed DOES NOT consti ute the HOMESTEAD property of the Grantor. The Grantor's HOME TEAD address is 1509 131ST STREET, OKEECHOBEE, FL 34972. and the grantor does hereby fully warrant the title to said land, and will defend the same again.4 t lawful claim of all persons whomsoever. In Witness eOf, ):die grantor has hereunto set her hand and seal the day and year first above written. Signed, sealed and elivered ' /,tiur pres c (Seal) --." ". ill A L.1 .J.\J P.O. Address 150 131ST STREET, OKEECHOBEE, FL 34972 Witness STATE OF Florida COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before Jye*this,, 24th day of July LOIS B. HIPPS, ,4'41kR'" ° ,•«+ who is personally known to me or who has produced Mier '&LICENSES as identification and who did take an oath. ; J &b(A.1 This Document Prepared By op Fo+` ./. -� SHBRISELVEY a '*«•,••• w...-" /(� ; OFFICIAL NOTARY SEAL"--- :F� oI�I?.rANr1ETTIZEco SYPSCOB� SYIVIA E. LIPSCOMD 500 N.W. Gth STREET, P. O. BOX 1211 MY COM- EXP. 1128195NOTLI OKEECHOBEE, FL 34973 My Commission xes: 01/28/95 1990 ((81D �t,�ss1s `Form Inc- 7 92-4739 (mil) (Seal) (Seal) 1992 by I&0L�06 4' G" 0286 Documnr /0.5L> $ Q Class C I U�C7 of$ Parcel ID Number. 3-15-37-35-0010-01940-0070 Grantee #r1 TIN: 5 9- 0 9 4 8 7 0 7 Warranty Deed This Indenture, Made this. day of DARRELL E. FERNEAU and JAMES R. TENNISWOOD, r Stamps paid in the amount of gible Tax paid in the amount May, ] 9 9 8 A.D. , of the County of Okeechobee , State of Florida FIRST BAPTIST CHURCH OF OKEECHOBEE, INC., whose address is: 4O1 S.W. 4th Street, Okeechobee, Flor la 34974 Between , grantors, and of the County of Okeechobee State of Florida , grantee. Witnesseth that the GRANTORS, for and in consideration of the sum of — — — — — — — — — — - - - - - - - - - - TEN & NO / 10 0 ($10.0 0) - - - - - - - - - DOLLARS, and other good and valuable consideration to GRANTORS in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said GRANTEE and GRANTEE'S successors and assi s forever, the following described land, situate, lying and being in the County of Okeechobee state of Florida to wit: Lots 7, 8 and 9, Block 194, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. The property herein conveyed DOES NOT constitlte the HOMESTEAD of Grantors. Subject to restrictions, reservations and eas( if any, which are not reimposed hereby, and ti December 31st, 1997. and the grantors do hereby fully warrant the title to said land, and will defend the same against In Witness Whereof, the grantors have hereunto set his hands and seats Signed, Seale and delivered ' our presence: EVA MAE CONELY DARRELL E Witness _ �----� P.O. Address 1302 TOM . CONE , V4 I I EVA MAE CONELY W't} ess TOM W. Witn nts of record, s subsequent to lawful claims of all persons whomsoever. he day and year first above written. (Seal) FERNEAU . 8th Avenue, Okeechobee, FL 34974 JAMES R.ENNISWOOD P.O. Address 203 N.E. 3rd St., Okeechobee, EL 34972 R STATE OF FLORIDA TCOUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this 6 day of 1I DARRELL E. FERNEAU, R N who is personally known to me. -� This Document Prepared EVA MAE CONELY ilp'..'F;e • 0 TOM W. CONELY, III MY COMMISSION # CC 58W7 CONELY & CONELY, P ! a-. EXPIRES: December 12, 2000 EVA MAE N. W. 2ND STREET Bonded Thru Notery Public Underwriters NOTARY PUB OKEEMOBEE, FL 349M My Commission May, 1998 by ELY 12/12/00 © Display Systems, Inc. 1990 (813) 7C�3-5555 Fonn ]FLWD-? Informa- tion Parcel No: Grantee's Social Security No: WARRANTY DEED THIS WARRANTY DEED made this TAYLOR, WANDA SUEtenWOLFda HAZELLIEF ORD, MARY HELEN ants in common, each with interest, hereinafter called the OF OKEECHOBEE, INC. whose GRARTORS, Street, Okeechobee, Florida 34974 Office a, hereina (Wherever used herein, the terms include all the parties "Gray heirs, legal representatives this in and assi and the successors and assi and of cor WITNESSETH: That the GRANTORS, for and in $10.00 and other valuable cons cOnsid acknowledged, hereby grants, releases, conveys and confirms bargains, othG se land situate in OKEECHOBEE County, Florida LOT 10 11 AND 12 OF THE PLAT THEREOF BLOCK 194 CITY OF O� RECORDED RECORDS OF ST. RDED IN PLAT BOOK 2, UP IE COUNTY, FLORIDA AND A C, ALSO RECORDED IN COUNTY, FLORIDA. LAT BOOR 5, PAGE 5, PUBLIC SUBJECT TO restrictions, reservations an if any. 0 (Record- 9 GOGR . 6 �� • `; '� Above) ' Of July, 1992, by GRACE FULFORD AND BETTY LOU an undivided one-fourth to FIRST BAPTIST CHURCH [dress is: 401 S.W. 4th °ter called the GRANTEE: tor', and "Grantee" ;trument, and the Jns of individuals )orations) gyration of the sum of �eipt whereof is hereby Is, aliens, remises 'TEE, all that certain to -wit: ACCORDING TO AGE 17 OF THE PUBLIC >PY OF SAID PLAT BEING RECORDS OF OKEECHOBEE easements of record, The above described property does not con Of the Grantors. titute the homestead TOGETHER with all appurtenances thereto belongingthe tenements, or in hereditaments and anywise TO HAVE appertaining. AND TO HOLD, the same in fee AND the GRANTOR simple forever. GRANTORS are lawfull hereby covenants with said GRANTORS has y seized of said landGRANTEE that the said land; thatthe and lawful in fee simple; that the said GRANTORS authority to sell land and will hereby fully warrants the and Convey all persons defend the same against title to encumbrances except ever; and that saidlandthe lawful claims of except taxes accruingis free of subsequent t December 31, all IN WITNESS WHEREOF, the said G 1991, the day and year first GRANTOR has above written. executed this Deed Signed, Sealed and Delivered 4�_tc-4 presence: �40, S S TOTAYLOR fir' ase p nt e`-2_ here ... ,Vl here:) name of Witness GE T LOR ( F i 11 address above) SATISFACTION OF MORTGAGE BY CORPORATION _ 00y, 227 P u1452 RAMCO FORM 26 �e5atf'sfactt'oft of rtyage know ill MCC By These Presents: That Okeecbinbee County Bank a corporation existing under The laws of file State of Florida the owner and holder of a certain mortgage deed executed by FIRST BAPTIST CHURCH OF OKEECHOBEE, INCORPORATED to Okeechobee County Bank bearing date the 17t$lay of April A. 19 72 , recorded in Official Rccnrdr Book 136 , page 387 , in the office of the Clerk of the Circuit Court o fOkeechobee County State of Florida, securing a certain note in the principal sum of Sixty six thousand two hundred seventy three dollars and 85.100----------- Dollars, and certain promises and obligations set forth in said mortgage deed, upon the property situate in said State and County described as follows, to -wit: �-- REAL ESTATE AS DESCRIBED IN SAID MORTGAGE DEED co ce C= corn t tr,Q C--) o cM C-- ` - 46 c:) z-- hereby acknowledges full payment and satisfaction of said note and mortgage deed, and surrenders the same as cancelled, and hereby directs the Clerk of the said Circuit Court to cancel the same Of record. �nitneSSheCeof the said corporation has caused these (CORPORATE presents to be executed in its name, ano its corporate seal to be hereunto sP-AL) affixed, by its proper officers thereunto di ly authorized, the 3rd day of April , A. D. 19 79.. ATTEST:...5""ncl . G� ram` . �IiXtX"Ii�' Signed, sealdelivered in the presence of: !..(.� .. _..T.. .. - ..�4�? L- OKEECHOBEE.... UNT.y.. ..................................... �l .....- l vice— President STATE OF Florida l COUNTY OF Okeechobee Jt �"" '"" "r in thv State and Co ntv aforesaid to take acknowledgements, D rn a�owroR.►r,o.t r�o,r w�lfu.� 6t) 1.i1,,) Pd�G �O � ..- ,.ew..e, .r. ►w.. I This Wit cc Executed the I 7 t h day of Apr i 1 A. D, 19 12 bay First Baptist Church of Okeechobee, lnco porated hereinafter called the mortgagor, to OKESOiOBES ODUNTY BANK a corporation existing under the laws of the State of p[,p address at P. 0, Box 218, Okeechobee DA will, its Permanent postojjlce heroinafter called the mortgage*; , i�loarai.dal �V-Vpvr m.d "in lM 1enu, "r.ryy.r•' .y,d •'o,«V�Nt" losh.d■ •v r.prwnlnuwa and A, eu d i.d.r wL end tJte wese�.,, ..d a >wd`� r J.4 Irtr •t ♦w� iiM tnln include np �yno�a Leml. �pt,i�d u ee" �• no•.) t tt�a gone 'gnu 101tn"Stuir shot for good and valuable eonslderatto s, and also In consider ation of Dole sum named in the promissory note of euen dot• herewith hereinafter d*acrtbed, Ih• mart lire nggre- agor here- by grants. bargains, sells, aliens, ramisas, conveys and conflunto the mortgage• olI the certain land which the mortgagor Is now seized and in possession situate In Florida, ut:: `e , ��� �� & ��£ Okeechobee County. Lots 1, 2 3. 4. lall. an OKEECHOBEE according to plat thereof recor 2, page 17, public records of St. Lucie Co --1-�lock ed in Plat Bc nty, Florida. "Provided further that said mortgagor do hereby a agent and agr� with said mortgaiae, that they will not, during the Period of time C,' mortgage Is In effect, either sell, convey, ar agree o sell or coava. the property covered by this arorlgage whereby this Mortgage wo.., be Assumed without the written consent o, the mortgagee. Any'vlgt. elan of this Provision shall grant unto the mortgages the rlg:tt to .. . clare the total balance remalt►Ing, duct at the data 4 such violation." (his mortgage shall also sell the Payment of a� future er,c,.i dvaor loans that may be made by th• martgagae to the mortgagors at any time within ten years hereafter, even though no Indebtedness is out. standing hereunder, provided that the maximum prin- c paIC gm1, 1 t fj money so secure+i shell not exceed --=--a �L ' at any one time, aired pro- vkted further that such advances or I*" 4WI he Wkianced by separate written Instruments to Invoke �. the leans hereof, 9 1 39".-4 33304-!331:10 30 ,,%j_j.=) (V b : t' I. ,- 1-1 r1,_ ` T. tJ S 0 • L` Number of Deed, .79 Zbis `I(naenture, made this.--.. $th... , , .......(lay of-. ,eC.eMber, ,in the year 1. D. nineteen hundred and -fifteen , , , • • , , ...... between the QKE CHOBEE COMPANY, a corporation chub• established and existing under the laws of the State of Florida, party of the first part, and..T.'..B' Owens, .R P. ,Fletcher and T. C. Beavers, Trustees First Bap- tist Church of Okeechobee, """' .... of the County of -------- St.. Lucie.. and State of .b'14ri.dv_ ....... ,partlea , , .of the second part. Witnesseth, that the said party of the first part, for and in consideration of the -sum of ............. ona .polla.r.and. ,o.ther..valuable..consider. .tkon.... , ...... to it in hand paid by the said part.1e8 .cf the second part, at and before thc sealing and delivery of these lire,entti, the receipt whereof is lierebv ac]cncwlecigecl,'-h-&t•hwgratited,- bargai ed, sold, released, conveyed. and confirn;ed, and by these presents cloth grant, bargain, sell, release, conve Tand confirm unto the said part100. of the second part ......... ..... ....... their. .succes .0r.8 . , ............. , . , , . anti assigns, ALL. thojae—..tract.8, Iota., or parcels, of land, situate, lying and being in the County of ..........$t.... Lucie........... and State of Florida; known and describeq as follows: .., , , , , , , , Lots One -(I) ., Two (2) and Tharee, (3)` of Block One Hundred and Bighty Seven (187) of the Town of Okeechobee, according to plat,made of said Town and filed in the office of the .Clerk of the Circuit Court, in and for St. Lucie County. ------ Together with all and singular, the rights, members, hereditaments and a 3purtenances to the said premises belonging, or m anywise appertaiiiin . Uo bave Allo to N)JO all and siiigiilar. the prcnii,es and apjmrteuanccs; and every part. thereof, unto the said part. iBar, ,of the second part....... t$e.ir..auQe easors.......and assigns, forever. To be used for a cbLuuh and �arsonage only. And the said party of tie rst part, an its successors, t le said premise and every part 'thereof; ttnto the said part.iQ$--.of the second part. ...... thej,r..succesaors......... and assigns, a-ainst it, the said party of the first part, and its successors, and all and every other person or persons, claiming under or throug-li it, will warrant and forever defend all these prese ts. Illt �YAitttessiAhereof,~ the said party of the first par has caused these presents to be sealed with --its dcorpnratc� ,peal--and—signect4*) it's'. , , .....President. -and— - attested by its Secretary .as the act and deed of the corporation, the day and N '-A9 COUNTfi. DEE BOOK 42 PAGE 79 Application No ............. ................. DeedNo .............................. .................. UNDER CHAPTER 194, FLORIDA STAT6TES 1941 Okeechobee ................................... . .................................................. COUNTY, This deed made this day day of................... Jime ................................................. Okeechobee State of Florida; party of the first part e ........................... party of the second part, WITNESSETH: `That I the said party of the first part for a D.-194 .....5........ by the County of t.eez.....of the First d in consideration of the sum of ($.... QO........... )Ilve.t,y,,.-f.ve &..no,1100 —....--Dollars to it in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold unto the party of the second part, his heirs and assigns forever, the following described land, to -wit: IN TESTIMONY WHEREOF, and by virtue of the authority vested by law in the Board of County Commissioners, and for and on behalf of the County of......O p�..Ghrb@................. State of Florida, we, the under- signed, as members of the Board of County Commissioners for the County and State. aforesaid have e ecuted this deed and have there - unto set our official signatures and seals, attested by the Clerk of the Circuit Court for said County, this the ............ 2nd ....................................day of s?fly............................................... A. D. sealed and delivere the presence of: Member Board County Com n"*"***on*"'*... (SEAL) .. .... ........................................................... (SEAL ) Member Board t ATTEST: �/...... Ci.............✓.... ..................... . Clerk Circuit Court .......................Okeechobee ......................... County, Florida. oUn Y Co ssioners .........................................:....... ......L%�,n'•'''-.�`. (SEAL ) Membe oard ounty Commissioners ............ ........... I .......................... .. (SEAL) Memb Board County Commissioners �i�c.. (SEAL) ............................... Member Board ounty Commissioners • • WARRANTY DEED O / INDIVID, TO IN DIVID. 11m warranty deed Made the day of November R. M. FAGLIE and ARABELLA FAGLIE, his wi4e, RAMCO FORM 01 A. D. 19 66 by iereinafter called the grantor, to J. E. CONE, ROSALEE PEACE, and LARUE CHANDLER, as Trustees of The First Baptist Church of Okeechobee, Florida, and their successors whose postoffice address is Okeechobeq, Florida. hereinafter called the grantee: IWhere ver used herein the terms `'grantor" and "grantee" include all the pa ties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors nd assigns of corporations) 'litnesseth: That the grantor, for and in consideration of the s Lm of $ 10. 00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, re- mises, releases, conveys and confirms unto the grantee, all that certain I nd situate in Okeechobee County, Florida, viz: Lots 7, 8, and 9 of Block 187, TOV OKEECHOBEE, according to plat then recorded in Plat Book 2, page 17, records of St. Lucie County, Flori 1 OF :of )ublic Ia. Together with all the tenements, hereditaments and appurtenances thereto belonging or in any- wise appertaining. To Have and to Mold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the gran or is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to se I and convey said land; that the grantor hereby fully warrants the title to said land and will defend the ame against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 19 68 . In witness Whereof, the said grantor has signed and sealed first above written. Signed, seal and delivered in our presence: ... .. f.. t_. ................... ............ f" I STATE of FLORIDA these presents the day and year - ' .................... SPACE BELOW FOR RECORDERS USE Olt fisturn to K" *Ctos® 30li-iilld(n44W slam #Ift;(rp�) H- G. CULBI P.O. Box 848 Okeechobee, FI, 33472 This hUtMmmt hVered by: k i u Y E. T.Hunter, Esq. t HUNTER & HUNTER, P.A. SO 1930 Tyler St. D. Hollywood, FL 33020 v n-virenta y Stamp-, paid In tilr. 02 A amount of SPACE ABOVE THIS LINE FOR `RO j=lo9 DAI k --wv R gy Gil CUI r ate SPACE MOVE THIS LINE FOR RKORgNQ DATA DaVld Q, �1p�ei �xcluftri this., (.)� du- Hamrick and H. � y fi D. 1992 by Culaaru as Co Trustees of that Trust under tl Last Will and Testament oa' Ri.c Ilarr.i �_ +, � first party, to iic)c dated August 5, 1978. First Baptist Church of Okeechobee; Iaicc __t or led w{lose poslof%ice address is P.O. Box 218, Okeechobee, Florida second party: herever used in [be r prr>r nta t. ve I, rind tauigns or Rndivj�duai��rand the aucceraLl d land Iaah,II w adm is or reyuiru. } Ilitnesseth, Tltuf 111e sold irflflatly, in Ilan({ paid {,y Ilte said second f efor nnc( in considcrarrl 1 e(15(' ill"I [lalt-claim anta file said second P rety fv '.✓stet"eOl :S file suid first tl Party 1c!revr�r, all the rlyll' f party a5 ill and to file fallowino described lvi, piece o In the County rIf Okeec . t710 of r' l lie ,. running East to �7e: t betwc- en • Lots 8. 9 10, 11 u:? of L Plat thereof, rec(,. i -Ocll J 3BookKEECH01 Records of St. Lucie County, FL TID "aue a11d t9 It DI�i fh^ same fofiether e.vith all and belonriing or it, anywise+ upr"rla....hif" and Jt file e_.olr, r'p1t ?iiie, soever of Ilte said first party, eillter in t!(tw or equity, N, '{lp r. second party forever. rslY Nrope ln Wit"'Ss I�MDf, The sai r d first party ;las sioned and se Jirsf pt,r, r„r;lJl,,,. Signed. sealed and delivereal in presence of; 5 .... :..... .. ....... STATE OF F�rBiiC�{ jeJg�= c T COUNTY OF' Jude ringular and plural, hti,r, Iegal curpurations, wherever the cmrlut ore of ►lee sum of $ 10. 00 ac{rnoluledfled, does {terelly remise, re- title. interest, claim arid demand which Parcel of land, situate, lying and being .orida to -wit: 1' 2' 3' 4, 5, 6, 7, EE according to the e 17, of the public insular the appurtenances thereunfo interest. lien, equity and claint whal- use, benefit and beltoof of tine said These presents file day and year Davy cl 0. Hamrick* . Co —Tr. us+gee ........I .................. ...............................................� oliic";r 1 .ttEl1EBY c F: July authorized in the Steer a Did Ofolr_;aid and rn the County alorrsaicl el) take . Hamric)t, Co —Trustee to Inr knuwn to be the i,crs(,n desccibcd in and will) excc:uteu the (urrguing ins be ' lc rllr that he rxccuted the s:rmr. WITNESS Illy hand and JAYMfat.fQt' �- A. N e Ubil St3t' of Fil`'�rdaCounty r ;dc Statc lase eiun NOY -rn b l qq, My M pjn expircS Nov. F wa,45 �" Comm No CC152990 t 5�`:�i i rX L - b'I TIF'Y fitit this day, bcfurc Inc. an �1 acknowledgments, personally appeared t and he acknowlc(Ixed thist day of J, a .......... i, OR .r 341. eAcF1197 IN WITNESS WHEREOF, the first pasty has signed and sealed th pres is t e day and year first above written. C:/ a � H. G. Cul reth Co -Trustee T State of Florida County of Okeechobee I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared H. C. CULBRETH, Co - Trustee, to me known to be the person described in and who executed the foregoing instrument and he acl-nowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 3rd day of , 1992. December, 1992. Notary Pub c My Commission Expires: persona'' �`'•-^ MELODY AMMONS known to me ?� :'� MY COMMISSION EXPIRES r June 25, 1995 f °;;,`,��° BONDED 1ARU NOMIY PUBLIC UNDERWRITERS J -...J Cn c� r— 1-0 t.,a -n G7 -n r /3 Pago 2 'L re{ �y�jj ---------- T-- d Signature Typed Name - a - tie — P16 Typed Name & Title Pilo o No. ate XX 8&, T41 1 1-1 ion No, 'zo 16L Date R oquired Onl For City of Okoachobes & First Addltfanlo CU of 01reerchobve SUbdivislons: Authorized Signaturf, Typed Title T —ho -n —vt -1 Page 2 • • orized Signature Lv ui z nP1 ea 1,c►Me4t �r eef r e J +►oq )'oe, a� "q 41t R Typed Name & Title hone No. ate Authorized Signature Typed Name & Title Phone No. Date il/a e G 0, er ,os� P/lci JW7 0 Authorized Sign re Typed Name & Till P one No. e p.i uRwuv L-JLii14 Uunorn 11 J 1`O�S��I4/Y 663�763 60 ��r� ' Ufif dfI.�JF L d,� C.�oRr,�,e, _� O� •%6.9 6o z -ar uthorized Signatur Typed Name & Title Phone No. Date uired Only For City of Okeechobee & First Addition to City of Okeechobee Subdivisions: s t4" MW" i P �r ► .. �bre;Ni Authorized ignature Typed Name & Title Phone No. Date 3nN nd Hit, MS so „Z d H1S MS din „8 w LLJ Ln 1) N O c� a CD 00 LO � cD I c v � d n „8 U r. N O M W 00 d- 00 Ln • Page 3 EAPLICATIO�NN . INSTRUCTIONS: After'Pages 1 and 2 are completed by applicant. Return entire application to'the'City Clerk's.Office. The $25.00 application` fee is then paid. THE CLERK'S OFFICE. WILL HAVE HE FOLLOWING'EPARTMENT SIGN OFF BEL W: PUBLIC WORKS DEPARTMENT Authorized Signature ,/ cS ec Date AL Donnie Robertson Public Works Director Typed Name & Title POLICE DEPARTMENT'; ,. l FIRE DEPARTMENT nature Oscar Bermudez, Cit Typed Name &Title Signature Date Typed Name & Title rized Signature Date Herb Siith Fire Chief Typed Name & Title ADMINISTRATION Authorized Signature APPLICATION APPROVED BY: 4C14 LAN GAMITO A, CITY CLERK i Typed Name & Title Date 4DA E Date Engineer Revised 4/3/03-LG (P Memorandum To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer Date: February 9, 2005 -9Z Re: Alley - and City Street Closing application for the Okeechobee Baptist Church of We should be aware of the critical drainage problems on City of Okeechobee especially on this area of the City. However the Engineering Office will recommend to approving the request for the Alleyway closing for the only use of the future propose facilities. Also, is the Engineering Department's opini Okeechobee shall not abandon an existing and ! that the City of tional street. iemaoml0oo[ml000mmlooml��� �o�i grove I ' TIE asuWN I NVOIaEma 0a��1;14TT lnoneImewamt oas�aamF.m���m �190 mooa� mmm oem,�=oi9B1:: aam0oo 1mm � ooa0aoa0oma0000aao aoom�inQ oonomc�nmuvivi� HIM o�n 110-11 • . EXHIBIT 8 MARCH 1, 2005 ORDINANCE NO. 885 AN ORDINANCE OF THE CITY OF OKEECHOBEE, Fl. ORDINANCE NO. 716, CODE OF ORDINANCE CHAPTER 90, ARTICLE TWO THEREOF, DEVEL( CONFORMING LOT, AS SET OUT IN SECTION AMENDING SAID SECTION TO PERMIT CERTAIN N USES WITHIN RESIDENTIAL ZONING CATEGORIE*c CONFLICTS, REPEALING ALL SECTIONS INCONSIE PROVIDING FOR AN EFFECTIVE DATE. DRIDAAMENDING , PARTICULARLY iPMENT OF NOW 90-35 THEREOF; :)N-CONFORMING , PROVIDING FOR TENT HEREWITH; WHEREAS, the City of Okeechobee, Florida has historically ontained certain land use and zoning categories whose uses are not cons stent with enacted land development regulations; and WHEREAS, the business/commercial district is characterized b non -conforming uses that the City has endeavored to correct through enactment of regulations to requirement conformance with codes upon sale or transfer of the realproperty; and has included residential categories within the same regulation; and WHEREAS, the intent of the original ordinances is to gradually obtain conforming uses within all zoning districts, but the areas of greatest cor cern are commercial and industrial areas, as inconsistencies in residential categori as does not pose the same level of aesthetic harm to the City as a whole; and WHEREAS, the City Council and Staff are concerned that requiring all residentially zoned areas to immediately come into compliance with land use and zoning codes upon sale or transfer places an undue burden on home owne s, and restricts the ability for prospective homeowners to obtain financing in an area of non -conforming use, and can be addressed adequately by other or additional land use regulations; NOW, THEREFORE, IT IS ORDAINED before the City Council fc Florida; presented at a duly advertised public meeting discussion, and passed by majority vote of the City Coun by the Maor or designee, as Chief president Officer fc adopts the following amendments to Chapter 90, of Regulations: SECTION 1. THAT ARTICLE II NONCONFORMITI Regulations, shall be amended in the following respects Sec. 90-35. Change or transfer of nonconforming (a) Change. A nonconforming use or structur, conforming uses or structure for the distri, Once changed to a conforming use or structt or land use shall be permitted to revert to a Language to be added is underlined Language to be deleted is 91 uck through r the City of Okeechobee, deliberation and public il; and properly executed the City; approves and the Land Development Land Development or structure. may be changed to a ;t in which it is located. ire, no building, structure nonconforming use. Page 1 of 3 (b) Uc SECTION 2. CO All ordi repeale SECTION 3. SE If any p compet SECTION 4. EFF This ordi Language to be added is Language to be deleted i e remaini and effe SECTION 4. EFF This ordi Language to be added is Language to be deleted i Transfer of nonconforming use or structure. In the event the underlying lands on which exists a nonconforming use in a commercial commercial business distri t commercial professional office, or industrial zoning category withi the City is sold, assigned, or In any manner transferred from the record title holder of said lands, as such ownership is reflected in the records of the Clerk of Court or Property Appraiser for Okeechobee Cou , such nonconforming use shall cease, and not be permitted to likewise be transferred, and the nonconforming use shall extinguish_ , Any such future use of said lands subsequent to transfer shall be in ompliance with all current � City Codes, and land use g re ulations, as let out-ktfhe etior strtet-regdfalians applicable to such zon n land use designation. Excluded from this prohibition is the tra sfer of ownershipof said lands to a cor oration rofessional association or limited liabili com an recognized under Florida law whose ma'ori stockholder is the same erson as the previous record owner. In the event the underlying lands on which exists a nonconforming use in a residential) zoned category with n the ci strueture is sold, assigned, or in any manner transferred fro:m the record title holder of said lands, as such ownership is reflected in the records of the Clerk of Court or Property Appraiser for O eechobee County, such nonconforming use strtetttre may continu thereafter in such use so longas such use is residential in nature. However, such nonconforminguse shall not thereafter a ex anded enlar ed or increase in intensi of use unless and unt I the owner elects to bring the roe into compliance with then-cu rent zoningand land use regulations. The transfer of such nonconforming struck re is further subject to the requirement that the new owner mustcomply, to the extent reasonable possible, considering the natu and configuration of the Structure, with all current codes, land use a d zoning requirements of :he district regulations applicable to the structure. NFLICT. nances or parts of ordinances in conflict herewith are hereby d. VERABILITY. rovision or portion of this ordinances is eclared by any court of nt jurisdiction to be void, unconstitutional unenforceable, then all ng provisions and portions of this ordinanc shall remain in full force ct. ECTIVE DATE. nance shall take effect immediately upon s passage. underlined s st.uck through Page 2 of 3 U INTRODUCED for first reading and set for final public heari 2005. ATTEST: Lane Gamiotea, CMC City Clerk PASSED AND ADOPTED after Second and Final Public 2005. ATTEST: Lane Gamiotea, CMC City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook City Attorney Language to be added is underlined Language to be deleted is struck thro�h on this 1st day of March, James E. Kirk Mayor this 151h day of March, James E. Kirk Mayor Page 3 of 3 AGENDA VI. New Business, continued. B. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- 002-SSA, continued. • Item Added to the Agenda. C. Consider proposed Ordinance 885 specifically regarding non -conforming uses, Attorney Cook. is February 22, 2005 - Land Planning Agency - Page 5 of 7 )N - DISCUSSION - VOTE VOTE .TONES - YEA T. KELLER - YEA K. KELLER - YEA LEDFERD - YEA MAVROIDES- YEA MAXWELL - YEA MCCOY - YEA MOTION CARRIED. John Cook, City Attorney explained to the Agency Members that this proposed Ordinance has been set on the March 1, 2005 City Council Agenda. He continued by explaining, the original Ordinance was created to help govern commercial uses. For example, if a business is currently operating with a non -conforming use, that use could not continue if the business was sold. In residential zoning it is becoming more and more of a problem as well. He explained that the issue arose when the City Clerk was considering the purchase of a duplex in Residential Single Family - One (RSF-1) zoning. The duplex has been existing for years and is currently not listed as a permitted use within Residential Single Family zoning. The mortgage companies are now I� the requiring letters From City ry-explaining ifthe current use will be permitted if the property is sold. Attorney Cook is recommending that the Land Planning Agency recommend to City Council to remove residential from the Ordinance. He advised the Agency that the Ordinance could be amended in the future if this becomes a problem. Agency Member Mavroides explained that he has concerns with the proposed removal of the reference to residential non -conformities in the proposed Ordinance. He explained that all new developments are required to meet the newer more stringent codes, however an existing duplex in Single Family Zoning would be permitted to continue. Attorney Cook explained that the alternative would be to require the owners to apply for a rezoning February 22, 2005 - Land Planning Agency - Page 6 of 7 AGENDA ACTION - DISCUSSION - VOTE VI. New Business, continued. Item Added to the Agenda, continued. C. Consider proposed Ordinance 885 specifically regarding non -conforming uses, and future land use map amendment to bring the property into compliance. He continued, that this continued. would cause spot zoning in many cases, the City Planner and City Council prefer not to do this. Attorney Cook explained that he and Mr. LaRue had discussed this, and the proposed Ordinance was a better choice than to allow spot zoning throughout the City. Agency Member Mavroides stated that in certain commercial zoning districts a restaurant may not be allowed, and in residential single family zoning a duplex is not allowed, they are both non- conforming whether in residential or commercial. Agency Member McCoy questioned the other Agency Members whether there should be special attention paid to multi -family units where the owner lives in one unit, and rents the others out. Attorney Cook explained that this was not the case. Attorney Cook explained that the building would not be allowed to be extended or expanded. there will be some limitations. Attorney Cook recommended that the Agency recommend that the City Council amend the Land Development Regulation's regarding non -conforming uses in residential zoning. Agency Member Mavroides motioned to advise the City Council to amend Section 90-35, paying special care to the residential category and that further investigation be made regarding the specific in residential areas; Member McCoy. VOTE JONES - YEA T. KELLER - YEA K. KELLER - YEA LEDFERD - YEA MAVROIDES- YEA MAXWELL - YEA MCCOY - YEA MOTION CARRIED. 02,i 16/ 2005 13: 50 CLOSE CONSTRUCT 8637636337 • CITY OF 0 (30) AGENDA ITEM REQUEST rkm na w 1rft esm*kwd two a: City of Okewbobee City Adsinbtretor's Office 55 SE 3" Avenue Oimeebobee, Florida 34974 NAM: P.4 j!�4 n 5 f, ADDRESS: 3c I /V . h/, =- A✓C-- Cwv3ts- Fl, - Z" -7-C- TZLRMOM: 4;5 *. Q1� 7 - a.63 / FAM MZZTING: RZGULAit m''s ncm L o wommmor o T[ZM YOU WMB TO HAVZ PLA.CPD �- STATE WHAT YOU HAVE WCMU= VIM SI'ATTc BSUMP ACTION BY TBZ CITY COUNCIL: ,,` EXHIBIT 9 MARCH 1, 2005 1j'ECHOBEE FAX (863) 763.1636 COOUNCIL IAte. a5€..7� �ca1� fUS PAit: n PLZASN SUMMARIZE ttBTINZNT DOORMATION CONCZRNV4G V01 JR RZQUEST AND l�r� ATTACH API DOCUNMwrs: ly M9UNTAMN IS TO BZ MADE, PLLASZ STATZ BOW MUCH T You An SIGNED BY: _ - _ DATZ: ow 4s 0 � 0 �cJw�b Traffic Engineering, Transportation Planning PARKING ANALYSIS FOR COURT PLAZA DEVELOPMENT Prepared for: Close Construction, Inc. 301 N.W. 4`h Avenue Okeechobee, Florida 34972 Prepared by: Susan E. O'Rourke, P.E., Inc. 229 Villas Street Stuart, FL 34994 (772) 781-7918 November 22, 2004 Revised February 1, 2005 PR04111.0 3023 SE Ouanset Circle Stuart. Florida 34997 772.7E 1.791 B 772.7B1.9261 fax SORourke@adelphia. net /� r 0 � 0 Traffic Engineering, Transportation Planning February 1, 2005 Mr. Chris Close Close Construction 301 N.W. 41h Avenue Okeechobee, FL 34972 Re: Court Plaza, — Locals Restaurant Dear Mr. Close: Susan E. O'Rourke, P.E., Inc. has completed the parking analys s of the Court Plaza, Phase 1 to be located on US Highway 441 North and N.W. 3`d S treet in Okeechobee, Florida. The steps in the analysis and the ensuing results are presented herein. It has been a pleasure working with you. If you have any q give me a call. Respectfully submitted, Susan E. VRourke, P.E. ,- gistered Civil Engineer - Traffic or comments, please 3023 SE Ouanset Circle Stuart. Florida 34997 772.761.7918 772.781.9261 fax SORourke@adelphia. net • • TABLE OF CONTENTS INTRODUCTION PROJECT DESCRIPTION /PARKING DEMAND SHARED PARKING PHASING CONCLUSION TABLE 1: Basic City Code TABLE 2: Parking Percent from ULI TABLE 3: Parking Demand by Hour TABLE 4: Shared Parking Spaces TABLES FIGURES 1 1 3 3 4 1 5 5 3 FIGURE 1: Project Location 2 INTRODUCTION �'� ✓� S 7 Susan E. O'Rourke, P.E., Inc. was retained to prepare a traffic lysis for the proposed addition of a 8,758 square foot restaurant and;`square feet of office to an existing 3,200 square foot building. The purpose of the report is to C.etermine the number of parking spaces required for the site. The Okeechobee City Code, Sec.90-482 Computation of required off-street parking and loading spaces paragraph 6 allows: Parking spaces for two or more uses may be combined, provide that the total number of spaces shall not be less than the sum of required spaces computed separately. Where it can be demonstrated that the need for parking spaces from specific uses do not overlap in time, the number of spaces may be reduced by the number re fired by the lesser use. In Sec. 90-483 Modification of parking and loading space requi ements. Modification of parking and loading space requirements shall be as follows " (1) The number of spaces may be increased, decreased, or deferred by the city council when. a. A parking study demonstrate that the proposed use Would have a demand in excess or, or less than, the requirements of these Regulations. b. parking study demonstrated that the hours of need f r maximum parking for two or more joint uses do not normally overlap. In Sec. 90-485 Reduction of parking space requirements in commercial districts This section allows for up to 20% of the parking spaces to b accommodated on the street. The analysis relies on those provisions outlined above to estimate the needed parking spaces. PROJECT DESCRIPTION/PARKING DEMAND The proposed development would have 8,758 square feet of restaurant and 12,590 square feet of office. Figure 1 shows the project site layout. Of the 8,758 square feet of restaurant, 125 square feet are designated as office. The resultant square footage is 8,633 square feet of restaurant and 12,715 square feet of office. Table 1 shows the number of units estimated for the need based on City Rates. TARi.F 1- RACTt'' i-rTv rnn� Land Use Square feet City Rate Parkingv v y Spaces O -Site On -Street Restaurant 8,633 1 per 75 SF 115 92 23 Office 12,715 1 per 300 SF 42 34 8 Total 21348 157 12 31 N.W.4TH STREET 11 lil II I I II ITENTH AVENUE / N /7H STREET [P] 100 R/W -ASPHALT— I111111 I fr I111 II I llllll (PARKING PHASE 3) II I'lll r 1 ply I SCALE: 1"=20' Er�nwnicw �—�a 1of1 .los Ho. a»s 0 • SHARED PARKING Based on the concepts of shared parking, the peak demand fo coincide. The Urban Land Institute outlines the concepts of shai the hourly distribution of parking space demand for various use for shared parking are joint access, pedestrian linkages and Additionally, there must be parking agreements on space that allo parking. Table 2 shows the distribution percentage of the deman4 site. As seen, during the peak of the restaurant, 7:OOPM through demand for just 7% of its parking. Table 3 summarizes the numl each use. As seen, the greatest number of parking spaces is 11 ll those spaces are provided for on —street, with 95 spaces regi summarizes the number of spaces needed using the shared parkin TABLE 4: SHARED PARKING SPACES the two uses does not ed parking and provides s. The key requirements proximity of parking. >w the shared use of the 1 for each of the uses on ):00 PM the office has a )er of spaces needed for I spaces. Up to 20% of fired on -site. Table 4 principals. Land Use Square feet Peak Hour of Site Demand On -Site On -Street Restaurant 8633 115 92 23 Office 12715 3 3 0 Total 21348 118 95 23 The site will have a surplus of parking with 102 spaces provided versus the 95 spaces required on site. The additional 7 parking spaces would be available to offset the potential for high lunch demands experienced in Okeechobee. PHASING The project will be constructed with Phase 1 and Phase 2 as a phase 3 at a later date. All 102 on -site parking spaces and on be constructed with the development of Phase T and 2. The t would be the 8,758 square feet of restaurant and 8590 square 117 spaces would be needed during the peak period with 102 provided off -site. However, to offset the potentially higher lunch be striped on -street to provide the surplus of parking. When the added, no additional spaces would be needed. 3 le phase followed by t parking spaces will ing to be developed of office. A total of rided on -site and 15 lands, 23 spaces will tional office space is 0 • CONCLUSION Because of the operating characteristics of the large restaurant will be in the evening. In the evening the demand for parking minimum. According to the ULI statistics, just 7% of the office 1 the office in the evenings. Similarly, the restaurant will not rc spaces throughout the day when the office experiences its peak assume that the dance floor and night club facilities will not be lunch or midday periods. The parking needs are off -set by the demand. As shown in the tables for the shared parking analysis and pros parking, the proposed uses can be accommodated and have a s on -site spaces and 23 on -street spaces. The appropriate shared be put in place as required by the code. 4 night club, its demand at the office will be a )asking will be needed by .quire its full number of demand. It is logical to in full swing during the non -coincident hours of ng for on -street ,lus of parking with 102 rking agreements will • • Table 2: Parking Percents from UL Office Restaurant Hour Weekday Weekend Weekday 1 100% Code 100 100 100 6:00 am 3 0 0 7:00 am 30 20 2 8:00 am 63 60 3 9:00 am 93 80 10 10:00 am 100 80 20 11:00 am 100 100 30 12:00 noon 90 100 50 1:00 pm 90 80 70 2:00 pm 97 60 60 3:00 Pm 93 40 60 4:00 pm 77 40 50 5:00 pm 47 20 70 6:00 pm 23 20 90 7:00 pm 7 20 100 8:00 pm 7 20 100 9:00 pm 3 0 100 10:00 pm 3 0 90 11:00 pm 0 0 70 12:00 mid 0 0 50 5 100 0 2 3 6 8 10 30 45 45 45 45 60 90 95 100 100 95 85 70 . TABLE 3: Parkin't b 9 y Hour Office Restaurant Ti Hour Weekday Weekend Weekday Weekend V\ 100% Code 42 0 115 115 6:00 am 1 0 0 0 7.00 am 13 0 2 2 8:00 am 26 0 3 3 9:00 am 39 0 12 7 10:00 am 42 0 23 9 11:00 am 42 0 35 12 12:00 noon 38-- 0 j 58 35 1:00 Pm ' 38 0 i 81 52 2:00 pm 41 . 0 fig 52 3:00 pm 39 0 69 52 4:00 pm 32 0 58 52 5:00 pm 20 0 81 69 600pm 10 0 104 104 al 115 ...- 11.5 10:00 pm 1 0 104 109 11:00 pm 0 0 81 98 12:00 mid 0 0 58 81 G 01 Total kday Weekend 157 115 1 0 15 2 30 3 51 7 65 9 77 12 95 35 118 52 110 52 108 52 90 52 100 69 113 104 118 109 1r8 115 116 115 105 109 81 98 58 81 55 Southeast Y' Avenue EXHIBIT 10 • MARCH 1, 2005 Wry Or UKeecnonee echobee, Florida 34974 # 863- 763-3372 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. TFKfi[3nPADV 42TE3CCT AAIM Blnlrulw1 v ., Name of Applicant a1mber of Camerce To ay's Dater 23, 2005 Address 55 South Parrott Avenue Ph ne(s) (863) Name of Property Owner Address TP h c ine(s) Street to be Closed _SK 2nd Ave, SW -Ixd Aw, Sid 4th Ave SW 5th Ave 6th AW Dates to be Closed Time(s) to be Closed 7:00 AM to 4*30 EM Purpose of Closing (pedestrians wallcing through parks to dserve Sped-cled 1Orch Fbstivai /crafts/food)-also portolet use Original Signatures of all residents, property owners and business owners affected by street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications) Copy of proof of insurance. (Minimum $1,000,000.0 , required of all applications) Attachments If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. P rmits can be obtained from General Services. State Food Service License if selling food. State Alcoholic Beverage License. (You can only se ve on private property. No alcoholic beverages on City property, this includes Itreets and sidewalks) Clean-up is required within 24 hours. rRw'No alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. v�"No donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. RwThe City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriat times. aarDumpsters and port -a -lets are required when closing the street for more than 3 hours. PUBLIC WORKS DEPARTMENT Donnie Robertson, Public W Authorized Signature Date Typed Name & Title POLICE DEPARTMENT �«--10 -a3 -015- Autllorized Signature Date FIRE DEPARTMENT Autfrized Signature ADMINISTRATION uthorized Signature Denny Davis Chief of Typed Name Title ief Date Typed Name 8� Title Occupational and/or State License Verified: l/YV l 1�1.L N /�- Bill L. Veach, ily Admin D to Typed Name & Title CLERK'S OFFICE . a Lane Gamiotea CityC Aut orized S gnature Date Typed Name & itle APPROVED/DENIED BY COUNCIL ON: Revised 8/05/03 NW Mtn J OD (n U� A O CD6 N N LnMC3 gW w7R Ave. V CT7 J Cn w cr oo� 20 N 0 0) C%) V Cn co (J! co (n —� co U ID A O w , ( U N N N C-j V. Q (n (n oo co cn O n A N c A N LA tJ Ell IJ f.) SW NAM :> V � CD (P q (A r N J (n co w Sou`r� c0 (3) V () A m N n T � J L � v N N AVE a u 6 N ti 5TH A' O� (l� ( f 0 • EXHIBIT 11 MARCH 1, 2005 CORRECTED ORDINANCE NO. AN ORDINANCE CLOSING, VACATING AND ABAND 30 FEET OF SOUTHEAST 2ND STREET AND THAT UP AS DESCRIBED HEREIN, BETWEEN 5 H AND 6T" OKEECHOBEE, AS RECORDED IN PLAT BOOK 2, RECORDS, OKEECHOBEE COUNTY, FLORIDA; RET REVERSION; AND DIRECTING THE CITY CLERK ORDINANCE IN THE PUBLIC RECORDS OF THI CIRCUIT COURT IN AND FOR OKEECHOBEE C PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received a Street Closing Ap Eubanks for the closing of a portion of a certain rig ordinance to utilize the entire property for future de% WHEREAS, a review of such application reveals that it is in of the City of Okeechobee as a whole to grant said WHEREAS, the granting of the application will serve a legiti proper exercise of the municipal authority of the discretionary function; 862 ONING THE SOUTH IPLATTED PARCEL AVENUE, CITY OF PAGE 4A, PUBLIC AINING A RIGHT OF TO RECORD THE CLERK OF THE DUNTY, FLORIDA; (No. 72) from Gary as described in this t; and best interest of the citizens lication; and public interest and is a of Okeechobee as a NOW, THEREFORE, be it ordained by the City Council foi the City of Okeechobee, Florida; presented at a duly advertised public meeting; E nd passed by majority vote of the City Council; and properly executed by the ME yor or designee, as Chief Presiding Officer for the City: Section One. The right-of-way described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: A portion of the 100 foot wide right -of- ay (R/W) of Southeast 2nd Street (formerly known as Seventh Sti eet) and a portion of the former, but now abandoned, right -of- Nay of the Florida East Coast Railroad Spur, lying North of, a jacent to and coincident with the North line of Lot "L" in Bock 252, Plat of Block 252, Okeechobee Florida, according to the plat thereof recorded in Plat Book 2, Page 4A of the public records of Okeechobee County, Florida, being more particularly described as follows: Beginning at the Northwest corner of thence proceed North along the North E of said Lot "L" in Block 252, a dista intersection with a line 30.00 feet Noi angles to) and parallel with the aforesa Block 252; d Lot "L" in block 252, ension of the West line e of 30.00 feet to the of (measured at right North line of Lot "L" in Thence departing said extended line, ru i East along said parallel line and the East extension thereof, a c istance of 242.00 feet to the intersection with the North extensic n of the East line of said Lot "L" in Block 252; Thence departing said parallel line, run South along said extended line, a distance of 76.10 feet t the Northeast corner of Page 1 of 2 said Lot "L" in Block 252, said a nvn-ran enr curve in we ivorTneasMfiv line of said Lot "L" in Block 252, said curve is concave to ti a Northwest, parallel with and 10.00 feet Southerly of the center I ne of the aforesaid Florida East Coast Railroad Spur and is referenced by a chord distance of 127.00 feet; Thence departing said extended line run Northwesterly along the arc of said curve and Northeaste Rly lot line, to a point that measures 123.55 feet East of the afor tsaid Northwest corner of Lot "L" in Block 252; Thence departing said arc of curve, run West along said North line of Lot "L" in Block 252, a distance of 123.55 feet to said Northwest corner of Lot "L" in Block 252 and the Point of Beginning. Section Two. In the event that the said applicant or hissuccessor in interest fails to obtain within twenty-four months hereof a certificate of occupancy for development, then said right-of-way shall be declared open and the provisions of this ordinance declared null and void. Section Three. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Four. This ordinance shall be set for final public hearing the 3rd day of August. 2004, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing ATTEST: /s/ L = Gamiotea Lane Gamiotea, City Clerk PASSED and ADOPTED on second and final public hearing thi ATTEST: /sl Lane Gamiotea Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: /s/ lofin R. Cook John R. Cook, City Attorney Page 2 of 2 15' day of June 2004. /s/ lames E. Kirk James E. Kirk, Mayor s 3'd day of August, 2004. /s/ lames E. Vrk James E. Kirk, Mayor • • Mayor, Please move New Business Item F as Final Public Hearing Item F: F. 1. a) Motion to read by title only proposed Emergency Ordinance No. 886 - Revised Exhibit 11. b) Vote on motion to read by title only. c) Attorney to read by title only. 2. a) Motion to adopt proposed Emergency Ordin b) Public comments and discussion. c) Vote on motion. ance No. 886. 0 � 7�evised Exhiba 11 EMERGENCY ORDINANCE NO. AN EMERGENCY ORDINANCE CORRECTING A SCR IN THE LEGAL DESCRIPTION OF ADOPTED OR CLOSING, VACATING AND ABANDONING THE S1 SOUTHEAST 2ND STREET AND THAT UNPLAT DESCRIBED HEREIN, BETWEEN 5"H AND 6T" A OKEECHOBEE, AS RECORDED IN PLAT BOOK 2, RECORDS, OKEECHOBEE COUNTY, FLORIDA; RET REVERSION; AND DIRECTING THE CITY CLERK ORDINANCE IN THE PUBLIC RECORDS OF THI CIRCUIT COURT IN AND FOR OKEECHOBEE C1 PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received a Street Closing Ap Eubanks for the closing of a portion of a certain rig ordinance to utilize the entire property for future de% VENERS'S ERROR )INANCE NO. 862 )UTH 30 FEET OF fED PARCEL AS VENUE, CITY OF PAGE 4A, PUBLIC klNING A RIGHT OF TO RECORD THE CLERK OF THE )UNTY, FLORIDA; n (No. 72) from Gary ay as described in this :nt; and WHEREAS, a review of such application reveals that it is in the�best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, be it ordained by the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; a id passed by majority vote of the City Council; and properly executed by the Ma or or designee, as Chief Presiding Officer for the City: Section One. The right-of-way described hereafter is abandoned by the City of Okeechobee, A portion of the 100 foot wide right-of-w; Street (formerly known as Seventh Stri former, but now abandoned, right-of-i Coast Railroad Spur, lying North of, adj with the North line of Lot "L" in Bock Okeechobee Florida, according to the Plat Book 2, Page 4A of the public i County, Florida, being more particularll Beginning at the Northwest corner of thence proceed North along the North of said Lot "L" in Block 252, a dist intersection with a line 30.00 feet Nc angles to) and parallel with the afore& Block 252; Thence departing said extended line, ru line and the East extension thereof, a c the intersection with the North extensi( Lot "L" in Block 252; Page 1 of 2 closed, vacated and to -wit: y (R/W) of Southeast 2nd et) and a portion of the ray of the Florida East Scent to and coincident 252, Plat of Block 252, )lat thereof recorded in :cords of Okeechobee described as follows: d Lot "L" in block 252, ension of the West line :e of 30.00 feet to the of (measured at right North line of Lot "L" in East along said parallel stance of 242.00 feet to i of the East line of said • Thence departing said parallel lin , run South along said extended line, a distance of 76.10 feet o the Northeast corner of said Lot "L" in Block 252, said corner ein a point on the arc of Block 252. said curve is concave to the Northwest, parallel with and 10.00 feet Southerly of the center line of the aforesaid Florida East Coast Railroad Spur and is referenced by a chord distance of 127.00 feet; Thence departing said extended line run Northwesterly along the arc of said curve and Northeasterly lot line, to a point that measures 123.55 feet East of the aforesaid Northwest corner of Lot "L" in Block 252; Thence departing said arc of curve, r n West along said North line of Lot "L" in Block 252, a distance of 123.55 feet to said Northwest corner of Lot "L" in Block 252 and the Point of Beginning. Section Two. In the event that the said applicant or his successor in interest fails to obtain within twenty-four months hereof a certificate of occupancy for development, then said right-of-way shall be declared open and the provisions of this ordinance declared null and void. Section Three. The City Clerk shall cause a certified �opy of the ordinance to be recorded in the public records of Okeec obee County, Florida. Section Four. This ordinance shall be set for final public hearing the 1st day of March,2005 and shall take effect immet iately upon its adoption. INTRODUCED for emergency purposes this 1St day of Mar h 2005. ATTEST: Lane Gamiotea, City Clerk PASSED and ADOPTED on final public hearing this 1" ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Underlined language to be added Page 2 of 2 James E. Kirk, Mayor of March, 2005. James E. Kirk, Mayor t OKEECHOBEE UTILITY AUTHORITY WATER TREATMENT PLANT Z-o Acj�e:,�-�, ©KEEC.ikoEAc-E FLA-7a _ 4•.2 AC. jr Ito V ll I ra .... . 114 i 1 to f 4 ` i .2.2 AC. - t�k a i.K AwE 2.2 AC: s 3.1 AG -- •`` ''FT STAILON � is � � i r -- � i i _ . �`� - f�. ��� 2 1 i NE 1OTH Sf 3 2 t 7 3.4 AC. r' � � a � •ram.'-+ I 4.4 AG. '" T w J _� -OUFF n2b -----(TO_REMAIni� 10' U.E-t---�-�- -�--�-- N - - N----------------------------------- ----- --- -/-- ---------------- "' 22.85 G� L 10' U.E. 24.25 i ` 23.10 , U BUILDING MLUNTED FLOOD LIGHTS {TYP.)M691-4 - I L23.45 4 :E .,, n AIN) \ 24.s0 �-124.001-j 11 92- % x}PS lilt 1 1"'" 1"1 >;� 8E utSIGNE C iH WAREH Li t . �IITAC I/ 1AIC � R PAD —� T' U ILDIN HP t�. �IY_. I 1 6' JII r En q _. 36,000 S.F. a sAr vo 24.50 .,n' ��' I M! 25.00 --- --- �� � � N. F.F. �� .� .. .,� --.� 24.00 _ 82 3 will CO C. WHEEL E LOT RPL BACK--_ a 24.25, LANDSCAPE 24.00 ` 24. 0 NTER (TYP. I _' IuiHGi'ril " N 4UllLDINv vwTw—/ 1 FLOOD LIGHTS (TYP.) 211 PvC O`er WATER SERVICE—/ 8"x2" TAPPING SAD( / J 2" WATER MITER 204 L.F. 2" PVCJ ��� ��,., , I�, � A 2 , P�I�1L-7 /J\S of 23.10 - I ul 1 123.10 �O�' ,g0 L F @ 0.64% Ni 1,90 1 n su4� II 2 j `1`L�.2� i I Lam_ /.,. N I I w