Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2005-07-05 Regular Meeting
1 AGENDA I. CALL TO ORDER - Mayor: July 5, 2005 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation by Pastor Edward Weiss, Church of Our Saviour; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS. CITY OF OKEECHOBEE JULY 5, 2005 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 13 COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk called the July 5, 2005 Regular City Council Meeting to order at 6:00 p.m. The Invocation was offered by Pastor Edward Weiss from Church of Our Saviour. The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Absent (Vacation) Present Absent (Family Emergency) Present Present Present Present Absent Present Present A. Present a Five -Year Employment Service Award to Marvin Roberts. Mayor Kirk presented Mr. Marvin Roberts with a Certificate of Longevity and a Cross Pen engraved with his name. Mr. Roberts began his career with the City of Okeechobee on July 7, 2000, as a Maintenance Operator with the Public Works Department. This longevity service award is being presented to recognize his dedication to the City for five years of service. • • JULY 5, 2005 - REGULAR MEETING - PAGE 2 OF 13 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of III Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the June 21, 2005 Regular Meeting. June 21, 2005 Regular Meeting; seconded by Council Member Watford. There was no discussion on this item. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - ABSENT WATFORD - YEA L. WILLIAMS - ABSENT MOTION CARRIED. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's III Mayor Kirk asked whether there were any additions, deferrals, or withdrawals of items on today's agenda. New agenda. Business Item E was added to the agenda. VII. OPEN PUBLIC HEARING FOR RESOLUTION AND ORDINANCE ADOPTION - III MAYOR KIRK OPENED THE PUBLIC HEARING FOR RESOLUTION AND ORDINANCE ADOPTION AT 6:07 P.M. Mayor. A.1. a) Motion to read by title only and adopt proposed Resolution No. 05-05, Council Member Watford moved to read by title only, proposed Resolution No. 05-05, a preliminary rate resolution a preliminary rate resolution relating to Solid Waste Collection and relating to Solid Waste Collection and Disposal Services; seconded by Council Member Chandler. Disposal Services - City Attorney (Exhibit 1). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - ABSENT WATFORD - YEA L. WILLIAMS - ABSENT MOTION CARRIED. JULY 5, 2005 - REGULAR MEETING - PAGE 3 OF 13287 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE VII. PUBLIC HEARING CONTINUED. A.1. c) City Attorney to read proposed Resolution No. 05-05 by title only 2. a) Motion to adopt Resolution No. 05-05. b) Public comments and discussion. Attorney Cook read proposed Resolution No. 05-05 by title only as follows: "A PRELIMINARYRATE RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA PURSUANT TO THE SECTION 108, ORDINANCE NO. 748 RELATING TO THEPROVISION OFSOLID WASTE COLLECTIONAND DISPOSAL SERVICES; SETTING FORTH A BRIEF DESCRIPTION OF SOLID WASTE SERVICES PROVIDED, DETERMINING THE SOLID WASTE ASSESSED COSTFOR THEUPCOMING FISCAL YEAR; ESTABLISHING THEESTIMATEDASSESSMENT RATE FOR THE UPCOMING FISCAL YEAR; AUTHORIZING AND SETTING A PUBLIC HEARING TO CONSIDER COMMENTS FROM THE PUBLIC CONCERNING ADOPTION OFANANNUAL RATE RESOLUTION, DIRECTING THE CITYADMINISTRATOR TO UPDATE THEASSESSMENT ROLL; AND TO PROVIDE NECESSARYNOTICE THEREOF TO AFFECTED LANDOWNERS IN THE CITY OF OKEECHOBEE, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." Council Member Chandler moved to adopt proposed Resolution No. 05-05; seconded by Council Member Watford. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Mayor Kirk then opened the floor for discussion between the Council. Council Member Watford questioned why there were two resolutions regarding the same matter for the solid waste collection and that is out of the ordinary to adopt a resolution during a public hearing? Attorney Cook responded that Florida Statutes Chapter 197 outlines the procedures to adopting the annual solid waste fee's that are assessed through the tax roll. The City is following those procedures by presenting the resolutions at a public hearing, which would specifically call for public comments. The first resolution informs the public of the preliminary rates that are being considered for adoption. The second resolution actually adopts the preliminary rates and instructs them to be put on the tax roll as a non ad valorem assessment by the Tax Collector's Office. These rates are for residential only. Administrator Whitehall noted the rates are the same as last year, one hundred thirty-seven dollars and sixteen cents ($137.16). The total assessment is two hundred sixty - four thousand, four hundred forty-four dollars and forty-eight cents ($264,444.48). The Council then briefly discussed the commercial rates, noting that Mr. Jeff Sabin of Waste Management was expected to appear before Council soon, due to the expiration of the Franchise in September 2005. Items noted to be discussed with Mr. Sabin at that time are the additional ten dollar fees to City residents for items that have Freon; that residents are having to call in for large items to be picked up; yard debris being picked up correctly; collection time frames being adhered to; and a renewed effort for recycling. Should the Council have any additional items of concern they will need to contact Administrator Whitehall who will be coordinating the list of items. • is VII. PUBLIC HEARING CONTINUED. A. 2. c) Vote on motion. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - ABSENT WATFORD - YEA L. WILLIAMS - ABSENT MOTION CARRIED. JULY 5, 2005 - REGULAR MEETING - PAGE 4 OF 13 _ACTION - DISCUSSION - VOTE B.1. a) Motion to read by title only and adopt proposed Resolution No. 05- Council Member Watford moved to read by title only, proposed Resolution No. 05-06 relating to the provision of Solid 06 relating to the provision of Solid Waste Collection and Disposal Waste Collection and Disposal Services and adopting a Schedule of Rates; seconded by Council Member Chandler. Services and adopting a Schedule of Rates - City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Resolution No. 05-06 by title only 2. a) Motion to adopt Resolution No. 05-06. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - ABSENT WATFORD - YEA L. WILLIAMS - ABSENT MOTION CARRIED. Attorney Cook read proposed Resolution No. 05-06 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTE COLLECTION ASSESSMENT PREVIOUSLY ESTABLISHED BY RESOLUTION 01-08; ADOPTING THE ANNUAL RATE RESOLUTION AS PERMITTED BY ORDINANCE 784 FOR FISCAL YEAR 2005-2006; APPROVING THE PRELIMINARYRATE RESOLUTION; AND CERTIFYING THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA STATUTES 197.3632(4)(5) AS NECESSARY UNDER FLORIDA STATUTES 197.3632; PROVIDING FOR PUBLIC HEARING AND COMMENT, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Council Member Chandler moved to adopt proposed Resolution No. 05-06; seconded by Council Member Watford. 7- L i�l JULY 5, 2005 - REGULAR MEETING - PAGE 5 OF 13 289 AGENDA VII. PUBLIC HEARING CONTINUED. B. 2. b) Public comments and discussion. c) Vote on motion. COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk asked whether there were any questions or comments from the public. There were none. Mayor Kirk then opened the floor for discussion between the Council. There was a brief discussion on this matter. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - ABSENT WATFORD - YEA L. WILLIAMS - ABSENT MOTION CARRIED. C.1. a) Motion to read by title only and adopt proposed Ordinance No. 899 Council Member Watford moved to read by title only, proposed Ordinance No. 899 regarding Future Land Use Map regarding Future Land Use Map Amendment No. 05-008-SSA, Amendment No. 05-008-SSA, submitted by Brad Goodbread; seconded by Council Member Chandler. submitted by Brad Goodbread - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 899 by title only 2. a) Motion to adopt Ordinance No. 899. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - ABSENT WATFORD - YEA L. WILLIAMS - ABSENT MOTION CARRIED. Attorney Cook read proposed Ordinance No. 899 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITYOFOKEECHOBEECOMPREHENSIVEPLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM COMMERCIAL ©) TO MULTI -FAMILY (M1); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FOR AN EFFECTIVE DATE." Council Member Chandler moved to adopt Ordinance No. 899; seconded by Council Member Watford. 290 .JULY 5, 2005 - REGULAR MEETING - PAGE 6 OF 13 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VII. PUBLIC HEARING CONTINUED. C. 2. b) Public comments and discussion. This Ordinance amends the Future Land Use designation on Lots 8 through 10 of Block 18, from Commercial to Multi - Family. The property is located at 110 Northeast 12`h Street. The application was submitted by Mr. Bradley G. Goodbread on behalf of the property owner, Mr. George A. Goodbread. Planning Staff Report Comprehensive Plan Analysis: (A) Consistency with the Land Use Categories and Plan Policies. As proposed, the applicant's request would be consistent with the Multi -Family Land Use category as intended in the Future Land Use Element of the City's Comprehensive Plan. (B) Concurrency of Adequate Public Facilities. Water is available to the subject property. Impacts to traffic and schools will be minimal. Any other concerns regarding the development can be reviewed at the Site Plan Review stage. (C) Compatibility with Adjacent and Nearby Land Uses. The proposed land use will not create any adverse impacts to the surrounding property as it will be compatible with the adjacent and nearby uses. The Future Land Use for property to the North, South and West is Commercial. The property to the East is designated Multi -Family. The Zoning District to the South and West is Heavy Commercial, to the North it is Holding and to the East it is Residential Multiple -Family. The existing land use to the North and South is vacant, to the South is a single-family residence, and to the West is Commercial use. (D) Compliance with Specific Standards of the Plan. The City's Comprehensive Plan goals, objectives and policies, as they are intended, would allow for a Small Scale Amendment to the Future Land Use Map to Multi -Family. This proposed change would be consistent with the uses allowed by the Multi -Family category. Planning Staff Report Analysis and Conclusions: This application and its appearance before the Council and the LPA was duly noticed for the public in accordance with the notice requirements set forth in Chapter 163 of the Florida Statutes. Based on the application being consistent with the Comprehensive Plan, Staff recommends approval to amend the Future Land Use Map from Commercial to Multi -Family. The Land Planning Agency discussed the petition at their June 28, 2005 meeting and voted unanimously to find the application in compliance and recommended approval. Due to this being a small scale (less than 10 acres) amendment, it is not necessary to mail notices to the surrounding property owners, nor post a sign on the property. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Mayor Kirk then opened the floor for discussion between the Council. There was a brief discussion on this matter. F 291 JULY 5, 2005 - REGULAR MEETING - PAGE 7 OF 13 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE VII. PUBLIC HEARING CONTINUED. C. 2. c) Vote on motion. CLOSE PUBLIC HEARING. VIII. NEW BUSINESS. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - ABSENT WATFORD - YEA L. WILLIAMS - ABSENT MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:27 P.M. A.1. a) Motion to read by title only and set July 19, 2005 as a final public Council Member Watford moved to read by title only, and set July 19, 2005 as a final public hearing date for proposed hearing date for proposed Ordinance No. 898, amending height Ordinance No. 898, amending height regulations in the Industrial Zoning Category; seconded by Council Member regulations in the Industrial Zoning Category - City Attorney (Exhibit Chandler. 4). 11 b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - ABSENT WATFORD - YEA L. WILLIAMS - ABSENT MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 898 by title only. Attorney Cook read proposed Ordinance No. 898 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO.716 AND AS AMENDED, SECTION 90-345 THEREOF; TO CREATE AN EXCEPTION IN INDUSTRIAL ZONING CATEGORIES RELATED TO THE HEIGHT RESTRICTIONS IN INDUSTRIAL ZONING; RESTRICTING SUCH EXCEPTION TO THE OKEECHOBEE COMMERCE PARKAS PLATTED BY THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR CONFLICTS, SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE." 292 DULY 5, 2005 - REGULAR MEETING - PAGE 8 OF 13 1I AGENDA III COUNCIL ACTION - DISCUSSION -VOTE I VIII. NEW BUSINESS CONTINUED. A.1. c) City Attorney to read proposed Ordinance No. 898 by title only Attorney Cook stated that a correction to the title of the Ordinance should be noted. The line which reads continued. "RESTRICTING SUCH EXCEPTION TO THE OKEECHOBEE COMMERCE PARK AS PLATTED BY THE CITY OF OKEECHOBEE, FLORIDA," should be omitted from the title. 2. a) Motion to approve the first reading of proposed Ordinance No. 898. Council Member Watford moved to approve the first reading of proposed Ordinance No. 898 with the amendment to delete "RESTRICTING SUCH EXCEPTION TO THE OKEECHOBEE COMMERCE PARKAS PLATTED BY THE CITY OF OKEECHOBEE, FLORIDA," from the title; seconded by Council Member Chandler. b) Discussion. Mayor Kirk then opened the floor for discussion between the Council. There was a brief discussion on this matter. c) Vote on motion. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - ABSENT WATFORD - YEA L. WILLIAMS - ABSENT 11 MOTION CARRIED. B.1. a) Motion to read by title only and set July 19, 2005 as a final public Council Member Chandler moved to read by title only, and set July 19, 2005 as a final public hearing date for proposed hearing date for proposed Ordinance No. 900 regarding Rezoning Ordinance No. 900 regarding Rezoning Petition No. 05-004-R, submitted by David and Anita Nunez; seconded by Petition No. 05-004-R, submitted by David and Anita Nunez - City Council Member Watford. Planning Consultant (Exhibit 5). b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - ABSENT WATFORD - YEA L. WILLIAMS - ABSENT MOTION CARRIED. I JULY 5, 2005 - REGULAR MEETING - PAGE 9 OF 13 293 PJ I AGENDA COUNCIL ACTION - DISCUSSION - VOTE I VIII. NEW BUSINESS CONTINUED. B.1. c) City Attorney to read proposed Ordinance No. 900 by title only. Attorney Cook read proposed Ordinance No. 900 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING (H) ZONING DISTRICT TO RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 900. 111 Council Member Chandler moved to approve the first reading of proposed Ordinance No. 900; seconded by Council Member Watford. b) Discussion. This Ordinance amends the Zoning Map designation on vacant property, west of Taylor Creek shoreline and West of Northeast 7m Avenue, between Northeast 5th and 6th Streets from Holding to Residential Single Family -One. The application was submitted by property owners Mr. David and Anita Nunez. Planning Staff Report Analysis: When recommending whether to rezone a classification of land, the factors that the City shall consider include, where applicable, whether or not: (A) The Single Family Future Land Use designation allows for a maximum density of four units per acre. This request is consistent with the purpose and intent of Comprehensive Plan, specifically the Future Land Use Element. (B) The proposed use is for single family dwelling which is specifically allowed under the RSF-1 Zoning District. (C) The development of single-family homes on the subject property will not have an adverse effect on the public interest. (D) The location of the proposed use is compatible with adjacent land uses and will not be detrimental to urbanizing land use patterns. The subject property is designated as Single Family on the Future Land Use Map and is consistent with the existing development to the North, South, and West. (E) The proposed use will not adversely affect property values or living conditions of the adjacent property. (F) The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood (G) Because of the proposed use there will be no buffering. (H) The proposed use will not create a density pattern that would overburden public facilities. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The owner is allowed to develop the 2.26 acres at a maximum density of four dwelling units per acre. This would allow for a maximum of nine home sites. This amount of development will not increase traffic congestion. Because of the properties' proximity to Taylor Creek, it is not known whether any drainage or flooding problems will occur because of development or whether the property is part of the Taylor Creek Drainage Basin. The Building Official should evaluate these concerns before a certificate of occupancy is issued. (1) The only restrictions on this property are those imposed by the Unified Land Development Code and the Comprehensive Plan. (J) There will not be a special privilege granted to the owner if the application is approved. 294 JULY 5, 2005 - REGULAR MEETING - PAGE 10 OF 13 I� AGENDA I COUNCIL ACTION - DISCUSSION - VOTE Vill. NEW BUSINESS CONTINUED. B. 2. b) Discussion continued. c) Vote on motion. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from Holding (H) to Residential Single Family One (RSF-1) permitting the applicant to develop single family home sites. Not withstanding this recommendation, the applicant needs to demonstrate that the Single Family lot zoning is not on a portion of the property that is defined or designated as a portion of the Taylor Creek Drainage Basin. The Planning Board discussed the petition at their June 28, 2005 meeting and recommended approval with the stipulation that the applicant must demonstrate that the Single Family Lot zoning is not on a portion of the property that is defined or designated as a portion of the Taylor Creek Drainage Basin. Mayor Kirk asked whether there were any questions or comments from the Council. Council Member Watford requested that research be completed on a street named River Side Drive in this area to find out whether it has been closed and when and also whether this property has been platted and when. There was a brief discussion on this matter. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - ABSENT WATFORD - YEA L. WILLIAMS - ABSENT MOTION CARRIED. C.1. a) Motion to read by title only and set July 19, 2005 as a final public Council Member Chandler moved to read by title only, and set July 19, 2005 as a final public hearing date for proposed hearing date for proposed Ordinance No. 901 regarding Rezoning Ordinance No. 901 regarding Rezoning Petition No. 05-005-R, submitted by Brad Goodbread; seconded by Council Petition No. 05-005-R, submitted by Brad Goodbread - City Planning Member Watford. Consultant (Exhibit 6). b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - ABSENT WATFORD - YEA L. WILLIAMS - ABSENT MOTION CARRIED. E 11 1 JULY 5, 2005 - REGULAR MEETING - PAGE 11 OF 13 295 AGENDA COUNCIL ACTION - DISCUSSION - VOTE Vill. NEW BUSINESS CONTINUED. C.1. c) City Attorney to read proposed Ordinance No. 901 by title only. Attorney Cook read proposed Ordinance No. 901 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OFLAND MORE PARTICULARLYDESCRIBED HEREIN, FROM HEAVYCOMMERCIAL (CHID ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY(RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE." 2. a) Motion to approve the first reading of proposed Ordinance No. 901. III Council Member Watford moved to approve the first reading of proposed Ordinance No. 901; seconded by Council Member Chandler. b) Discussion. This Ordinance amends the Zoning designation on Lot 10 of Block 18 located on Northeast 121h Street from Heavy Commercial to Residential Multiple Family. The application was submitted by Mr. Bradley G. Goodbread on behalf of property owner George A. Goodbread. Planning Staff ReportAnalysis: When recommending whether to rezone a classification of land, the factors that the City shall consider include, where applicable, whether or not: (A) Multi -Family use and Residential Multi -Family Zoning is consistent with the comprehensive Plan policies and the Future Land Use Map designation for this property. (B) Multi -Family development is authorized under the RMF Zoning District. ©) Apartments or other types of Multi -Family dwellings will not have an adverse effect on the public interest. (D) Multi -Family use and zoning are appropriate for this location. The surrounding property to the North, South and West is Commercial. The surrounding property to the East is classified Multi -Family. The Zoning District to the South and West is Heavy Commercial, to the North it is Holding and to the East it is Residential Multi -Family. The existing land use to the North and South is vacant property, to the South it is Single -Family, and to the West it is Commercial (E) The proposed use and zoning will not be a deterrent to the improvement or development of adjacent properties. (F) If necessary, site plan requirements can help to reduce any impacts upon the neighborhood. (G) Concurrency impacts will be minimal for this type of zoning. (H) The proposed use will not create traffic congestion, flooding, or drainage problems. (1) The only restrictions on this property are those imposed by the Unified Land Development Code and the Comprehensive Plan. (J) There will not be a special privilege granted to the owner if the application is approved. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from Heavy Commercial to Residential Multiple Family permitting the applicant to develop multi -family dwellings. 111 VIII. NEW BUSINESS CONTINUED. C. 2. b) Discussion continued. c) Vote on motion. JULY 5, 2005 - REGULAR MEETING - PAGE 12 OF 13 ►SIGN - VOTE The Planning Board discussed the petition at their June 28, 2005 meeting and recommended approval. Mayor Kirk asked whether there were any questions or comments from the Council. There was a brief discussion on this matter. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - ABSENT WATFORD - YEA L. WILLIAMS - ABSENT MOTION CARRIED. D. Motion to authorize Attorney Cook to prepare a resolution recognizing Council Member Chandler moved to authorize Attorney Cook to prepare a Resolution recognizing the City Fire the City Fire Department as a member of the International Association Department as a member of the International Association of Fire Fighters; seconded by Council Member Watford. of Fire. The City of Okeechobee Fire Fighters joined the International Association of Fire Fighters (IAFF) in January 2005. By joining with this Union the Fire Fighters, stated in a correspondence, that they feel they will have representation in a well -structured manner in which they can present issues to the Council in a uniform fashion while not reflecting poorly on the Fire Chief. Also with this Union, they feel it will increase the morale of the employees and lower the turn over rate. The Fire Fighters will be working hand -in -hand with the Okeechobee County Fire Rescue, building a stronger rapport and work relationship in which fire service will be improved for the whole community. The option whether or not to join the IAFF is on an individual basis by each Fire Fighter. It is not mandatory. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - ABSENT WATFORD - YEA L. WILLIAMS - ABSENT MOTION CARRIED. �1 ,7 JULY 5, 2005 - REGULAR MEETING - PAGE 13 OF 13297 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VIII. NEW BUSINESS CONTINUED. E. ITEM ADDED TO AGENDA: Jaycees of Okeechobee to receive a donation from the City of Okeechobee for annual Fourth of July Fireworks in the amount of $1,000.00. IX. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. James E. Kirk, Mayor ATTEST: Lane Gamiotea,, MC, City Clerk A request was made through Administrator Whitehall by the Jaycees of Okeechobee for one thousand dollars ($1,000.00) to be donated by the City regarding the Fourth of July Celebration. Council Member Watford moved to allocate one thousand dollars ($1,000.00) to the Jaycees of Okeechobee from the City of Okeechobee for the Fourth of July Fireworks; seconded by Council Member Chandler. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - ABSENT WATFORD - YEA L. WILLIAMS - ABSENT MOTION CARRIED. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 6:50 P.M. The next regularly scheduled meeting is July 19, 2005. AFFIDAVIT OF PUBLISHER OKEECHOBEE TIMES 106 S.E. Sth St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a Notice of City Council Meeting PO #12852 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 06/30/2005 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. 4 6, Jame A. Hughes, Jr., (Publis r) Sworn to and subscribed before me this 36 day of A.D. 2005 (SEAL) Notary Public SPpYPVA, Roseaiee A. Brennan Commission #DD318483 .oe Expires: Jun 25, 2008 9�OF FLOP , Bonded Thm " Atlantic Bonding Co., Inc. NOTICE OF CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN that the City of Okeechobee City Council will meet in Regular Session on Tugsday, July_5, 2005,. 6:00pm, City Hall, 55 SE 3td Ava, Rut 200, Okeechobee, Florida. The public is invited and encouraged to attend. For a copy of the agenda contact City Administration at (863) 763-3372 z 212. ` — PLEASE TAKE NOTICE AND BE. :ADVISED that if`any. person desires to ap- peal any decision made byGeaml with respect to any matterr, ordCmns I meeting, such interested person will need a record of the proceedings and1for suchpur- pose may need to:. ensure a ve&tim record of the proceedings is made, which record in- cludes tine tesdriebLp add'evitl . upon which the appeal is tobeCiaved. tiupes:are used for the sole purpose^of back-up for jhe.. Clerk's Office. In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons withdisabilities needing spe- cialaccommodation to, participme, in this pmo ceeding!'should-contact Lane Gamiotea, no later than two (2) working. days; piior'to' the Proceeding, at 863-763-3372'x 214;;if. you -are (tearing or voice'impaired;'call TDD 1=806 PUBLISH06/30R005 OBEECHOBEE TIlvffi • • Page -1- Tape 1 side A CITY OF OKEECHOBEE - July 5, 2005 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES 1. CALL TO ORDER -Mayor: Kirk, July 5, 2005, City Council Regular Meeting 6:00 p.m. 11. OPENING CEREMONIES: Invocation given by Pastor Edward Weiss, Church of Our Saviour; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson X X at Xu fiE X X 4im, X 410C X X X X X ? X X IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present a Five -Year Employment Service Award to Marvin Roberts V. MINUTES - City Clerk. A. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the June 21, 2005 Regular Meeting; seconded by Council Member Watford VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS �( MOTION: CARRIED. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. ADD JAYCEES' ITEM E NEW BUSINESS 11cm C jDr u- +6 q4k C LbkCL►&N) , VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR RESOLUTION AND ORDINANCE ADOPTION AT 6:07 P.M. A. 1. a) Council Member Watford moved to read by title only and adopt proposed Resolution No. 05-05, a preliminary rate resolution relating to Solid Waste Collection and Disposal Services - City attorney (Exhibit 1); seconded by Council Member Chandler. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT 0 • Page -2- KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook to read proposed Resolution No. 05-05 by title only as follows: "A PRELIMINARY RATE RESOLUTION OF THE CITYOFOKEECHOBEE, FLORIDA PURSUANT TO THE SECTION Z08, ORDINANCE NO. 748 RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; SETTING FORTH A BRIEF DESCRIPTION OF SOLID WASTE SERVICES PROVIDED; DETERMINING THE SOLID WASTE ASSESSED COST FOR THE UPCOMING FISCAL YEAR; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR THE UPCOMING FISCAL YEAR; AUTHORIZING AND SETTING A PUBLIC HEARING TO CONSIDER COMMENTS FROM THE PUBLIC CONCERNING ADOPTION OF AN ANNUAL RATE RESOLUTION; DIRECTING THE CITYADMINISTRATOR TO UPDATE THEASSESSMENT ROLL; AND TO PROVIDE NECESSARYNOTICE THEREOF TO AFFECTED LANDOWNERS IN THE CITY OFOKEECHOBEE, PROVIDING FOR SEVERABILITY, PROVIDING FORANEFFECTIVEDATE." 2. a) Council Member Chandler moved to adopt Resolution No. 05-05; seconded by Council Member Watford. b) Public comments and discussion. None. Watford, why there are 2 resolutions? John, FS 197 has an annual 2 step process to do this, the first one 05- 05 is a preliminary rate resolution, second approves the rates and put on the -fot, . ► 0 i j ()t*hen we look at commercial rates we need to look closer, renewed effort for recycling, getting the bins out and publicity on what's to be put out, Kirk also spoke with Jeff. Sure we're going to see a rate, $10.00 for frion A .drivers were suppose to call in when there is a bigger truck needed N Oxlam shell trucks only picking up half A) -7:00 am pick up not suppose to be there before Mo v�think of anything else let Brian know. 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 adopt proposed Resolution No. 05-06 relating to the provision of Solid Waste Collection and Disposal Services and adopting a Schedule of Rates - City Attorney (Exhibit 2); seconded by Council Member Chandder. 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 to read proposed Resolution No. 05-06 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTE COLLECTIONASSESSMENT PREVIOUSLYESTABLISHED BYRESOLUTION 01-08, ADOPTING • Page -3- THE ANNUAL RATE RESOLUTION AS PERMITTED BY ORDINANCE 784 FOR FISCAL YEAR 2005-2006, APPROVING THE PRELIMINARYRA TRESOLUTION; AND CERTIFYING THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA STATUTES 197.3632(4)(5) AS NECESSARYUNDER FLORIDA STATUTES 197.3632; PROVIDING FOR PUBLIC HE4RINGAND COMMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Chandler moved to adopt Resolution No. 05-06; seconded by Council Member Watford. Section 2 c. how statute list how we have to have it listed in there, probably recycle materials. C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. C.1. a) Council Member Watford moved to read by title only and adopt proposed Ordinance No. 899 regarding Future Land Use Map Amendment No. 05-008-SSA, submitted by Brad Goodbread -City Planning Consultant (Exhibit 3); seconded by Council Member Chandler. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/CARRIED. C) Attorney Cook to read proposed Ordinance No. 899 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USEMAP ONA CERTAIN TRACT OFLAND MORE PARTICULARL YDESCRIBED HEREIN FROMCOMMERCIAL c) TO MULTI-FAMIL Y(MF); PROVIDING FORINCLUSION OFORDIMANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Chandler moved to adopt Ordinance No. 899; seconded by Council Member Watford b) Public comments and discussion. Planning Staff Report Summary of Application: The subject property is currently classified as Commercial on the Future Land Use Map. The Multi -Family category would allow apartments, duplexes, and condominiums at a maximum density of 10 units per acre. Planning Staff Report Comprehensive Plan Analysis: (A) Consistency with the Land Use Categories and Plan Policies. As proposed, the applicant's request would be consistent with the Multi -Family Land Use category as intended in the Future Land Use Element of the City's Comprehensive Plan. (B) Concurrency of Adequate Public Facilities. Water is available to the subject property. Impacts to traffic and schools will be minimal. Any other concerns regarding the development can be reviewed at the Site Plan Review stage. (C) Compatibility with Adjacent and Nearby Land Uses. The proposed land use will not create any adverse impacts to the surrounding property as it will be compatible with the adjacent and nearby uses. (D) compliance with Specific Standards of the Plan. The City's Comprehensive Plan goals, objectives and policies, as they are intended, would allow for a Small Scale Amendment to the Future Land Use Map to Multi -Family. This • Page -4- proposed change would be consistent with the uses allowed by the Multi -Family category. Planning Staff Report Analysis and Conclusions: This application and its appearance before the Council and the LPA was duly noticed for the public in accordance with the notice requirements set forth in Chapter 163 of the Florida Statutes. Based on the application being consistent with the Comprehensive Plan, Staff recommends approval to amend the Future Land Use Map from Commercial to Multi -Family. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:26 P.M. Vill. NEW BUSINESS. A.1. a) Council Member Watford moved to read by title only and set July 19, 2005 as a final public hearing date for proposed Ordinance No. 898, amending height regulations in the Industrial Zoning Category - City Attorney (Exhibit 4); seconded by Council Member Chandler. b) Vote on motion to read by title only and set final public hearing date. 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. 898 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716 AND AS AMENDED, SECTION 90-345 THEREOF; TO CREATE AN EXCEPTION IN INDUSTRIAL ZONING CATEGORIES RELATED TO THE HEIGHT RESTRICTIONS IN INDUSTRIAL ZONING; THE G4N OF OKEEWfOSEE; FLORIDA; PROVIDING FOR CONFLICTS, SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE." John - clarification of change of title and why 2. a) Council Member Watford moved to approve the first reading of proposed Ordinance No. 898 with amendment to title deleting a "; seconded by Council Member Chandler. b) Discussion. 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 Chandler moved to read by title only and set July 19, 2005 as a final public hearing • • Page -5- date for proposed Ordinance No. 900 regarding Rezoning Petition No. 05-004-R, submitted by David and Anita Nunez - City Planning Consultant (Exhibit 5); seconded by Council Member Watford. b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK X ;�;LL`l11I14:m:1 MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook to read proposed Ordinance No. 900 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING (H) ZONING DISTRICT TO RESIDENTIAL SINGLE FAMILY ONE (RSF-1) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Council Member Chandler moved to approve the first reading of proposed Ordinance No. 900; seconded by Council Member Watford. b) Discussion. Planning Staff Report Summary: The subject property has been designated Holding on the City's Official Zoning Map. The Single Family Future Land Use designation provides guidance into what is considered appropriate development for the property. The request is consistent with the Single Family Future Land Use category. The proposed use is compatible with the current existing uses of the surrounding properties. Planning Staff Report Analysis: When recommending whether to rezone a classification of land, the factors that the City shall consider include, where applicable, whether or not: (A) The Single Family Future Land Use designation allows for a maximum density of 4 units per acre. This request is consistent with the purpose and intent of Comprehensive Plan, specifically the Future Land Use Element. (B) The proposed use is for single family dwelling which is specifically allowed under the RSF-1 Zoning District. (C) The development of single- family homes on the subject property will not have an adverse effect on the public interest. (D) The location of the proposed use is compatible with adjacent land uses and will not be detrimental to urbanizing land use patterns. The subject property is designated as Single Family on the Future Land Use Map and is consistent with the existing development to the north, south, and west. (E) The proposed use will not adversely affect property values or living conditions of the adjacent property. (F) The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood (G) Because of the proposed use there will be no buffering. (H) The proposed use will not create a density pattern that would overburden public facilities. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The owner is allowed to develop the 2.26 acres at a maximum density of 4 dwelling units per acre. This would allow for a maximum of 9 home sites. This amount of development will not increase traffic congestion. Because of the properties' proximity to Taylor Creek, it is not known whether any drainage or flooding problems will occur because of development or whether the property is part of the Taylor Creek Drainage Basin. The Building Official should evaluate these concerns before a certificate of occupancy is issued. (1) The only restrictions on this property are those imposed by the Unified Land Development Code and the Comprehensive Plan. (J) There will not be a special privilege granted to the owner if the application is approved. Planning Staff Report Summary and Conclusion prior to Certification: Based on the above criteria being met, Staff is recommending approval of the request as it is consistent with the Future Land Use Map. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from Holding (H) to Residential Single Family One (RSF-1) permitting the applicant to develop single family home sites. Not withstanding this recommendation, the applicant needs to demonstrate that the Single Family lot zoning is not on a portion of the property that is defined or designated as a portion of the Taylor Creek nrninnna Pnein ICaa Attarhari (lhiartiva 0 nnri rnrreennnrlinn nnliriae of fha P ifi ire I nnri Ilea Flamanf nnri 0 CJ Clarify before final reading Riverside Drive - what happened to that street? When was this platted? Final hearing have to egress to parcel needs to be shown. c) Vote on motion. VOTE KIRK CHANDLER MARKHAM WATFORD YEA NAY ABSTAIN ABSENT X X X EI L. WILLIAMS MOTION: CARRIED. X Page -6- C.1. a) Council Member Chandler moved to read by title only and set July 19, 2005 as a final public hearing date for proposed Ordinance No. 901 regarding Rezoning Petition No. 05-005-R, submitted by Brad Goodbread - City Planning Consultant (Exhibit 6); seconded by Council Member Watford. b) Vote on motion to read by title only and set final public hearing date. 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. 901 by title only as follows: "AN ORDINANCE OF THE CITY OFOKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HEAVY COMMERCIAL (CHIT ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE." 2. a) Council Member Watford moved to approve the first reading of proposed Ordinance No. 901; seconded by Council Member Chandler. b) Discussion. Planning Staff Report Summary: The subject property has been designated Heavy commercial on the City's Official Zoning Map. The proposed use is compatible with the current existing uses of the surrounding properties. Planning Staff Report Analysis: When recommending whether to rezone a classification of land, the factors that the City shall consider include, where applicable, whether or not: (A) Multi -Family use and Residential Multi -Family Zoning is consistent with the comprehensive Plan policies and the Future Land Use Map designation for this property. (B) Multi -Family development is authorized under the RMF Zoning District. (C) Apartments or other types of Multi -Family dwellings will not have an adverse effect on the public interest. (D) Multi -Family use and zoning are appropriate for this location. (E) The proposed use and zoning will not be a deterrent to the improvement or development of adjacent properties. (F) If necessary, site plan requirements can help to reduce any impacts upon the neighborhood. (G) Concurrency impacts will be minimal for this type of zoning. (H) The proposed use will not create traffic congestion, flooding, or drainage problems. (1) The only restrictions on this property are those imposed by the Unified Land Development Code and the Comprehensive Plan. (J) There will not be a special privilege granted to the owner if the application is approved. Planning Staff Report Summary and Conclusion prior to Certification: Based on the above criteria being met, Staff is recommending approval of the request as it is consistent with the Future Land Use Map. E u Page -7- Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from Heavy Commercial (CHV) to Residential Multiple Family (RMF) permitting the applicant to develop multi -family dwellings. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. D. Council Member Chandler moved to authorize Attorney Cook to prepare a Resolution recognizing the City Fire Department as a member of the International Association of Fire Fighters; seconded by Council Member Watford. Watford, received recognition request, worded like okeechobee county union. Joining same union, doesn't need to say city firefighters union? No. Is this something that, don't know the procedure, have to prepare the resolution? John Letter requested it be done by resolution, first step in negotiation process, then go to next step. Watford, trying to be delicate, touchy situation, we have to recognize this union? John I assume so? Brian, talked with a copy of communities that is what we have to do, not doing anything by recognizing them with the resollution not bargaining anything. Watford, if someone is hired and does not want to be in union is that way. You can choose. Teacher Union is that way, it is a choice. Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. E. Jaycees' requested $1000.00 donation Watford move to allowcate $1000 for July 4 fireworks celebration;s econded by Council Member Chandler. Look at that at budget time, is that a function of the government? Brian to make sure there is no mis understanding in the future tha tthey need to come and request this from us. Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. IX. MAYOR KIRK ADJOURNED THE MEETING AT 6:48 p. m. 0 • Page -1- Tape 1 side A CITY OF OKEECHOBEE - July 5, 2005 - REGULAR CITY COUNCIL MEETING. HANDWRITTEN MINUTES I. CALL TO ORDER -Mayor: Kirk, July 5, 2005, City Council Regular Meeting 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Edward Weiss. Church of Our Saviour: Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present . Absent Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehal City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. MAP A. Present fa Five -Year Employment Service Award to Marvin Roberts [41 V. MINUTES - City Clerk. A. Council Member ' - moved to dispense with the reading and approve the Summary of C,oun it Action for the June 21, 2005 Regular Meeting; seconded by Council Member VOTE _. YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED �AR:RDIED. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. ` -'� --lQ_ L J Q cc�t{�iL 4 'A� • Page -2- VII. OPEN PUBLIC HEARING FOR RESOLUTION AND ORDINANCE ADOPTION - Mayor. A.1. a) Council Member moved to read by title only and adopt proposed Resolution No. 05-05, a preliminary r resolution relating to Solid Waste Coll ction and Disposal Services -City attorney (Exhibit 1); seconded by Council Member �I�LMCA L_. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT_ KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS i-u� -- MOTION: DENIED/ ARRIED. C) Attorney Cook to read proposed Resolution No. 05-05 by title only as follows: "A PRELIMINARY RATE RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA PURSUANT TO THE SECTION Z08, ORDINANCE NO. 748 RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; SETTING FORTH A BRIEF DESCRIPTION OF SOLID WASTE SERVICES PROVIDED; DETERMINING THE SOLID WASTE ASSESSED COST FOR THE UPCOMING FISCAL YEAR; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR THE UPCOMING FISCAL YEAR; AUTHORIZING AND SETTING A PUBLIC HEARING TO CONSIDER COMMENTS FROM THE PUBLIC CONCERNING ADOPTION OF AN ANNUAL RATE RESOLUTION, DIRECTING THECITYADMIN/STRATOR TO UPDATE THEASSESSMENT ROLL; AND TO PROVIDENECESSARYNOTICETHEREOFTOAFFECTEDLANDOWNERS /NTHE CITY OFOKEECHOBEE, PROVIDING FOR SEVERABILITY, PROVIDING FORANEFFECTIVEDATE." 2. a) Council Member ` moved to adopt Resolution No. 05-05; seconded by Council Member b) Public comments and discussion. O(Z �&f ff, -'/C - tp - t")X / G AL -Lt Cal 4n 14 Gt-e /i a)lv lktze C) Vote on motion. IL"V'a u) � 4 f /1� VOTE YEA NAY ABSTAIN ABSENT KIRK jk�411c �A CHANDLER rr// MARKHAM "/7'a& n"5z.e `� '4� '73 eelkj-A 7/ WATFORD L. WILLIAMS MOTION: DENIED/ ARRIED 71,n, • Page -3- B.1. a) Council Member k)a4,,tk moved to read by title only and adopt proposed Resolution No. 05-06 relating to the pr ision of Solid Waste Collection and Disposal Servi es and adopting a Schedule of Rates -City Attorney (Exhibit 2); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM c� WATFORD L. WILLIAMS MOTION: DENIED ARRIED. c) Attorney Cook to read proposed Resolution No. 05-06 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTfr COLLECTIONASSESSMENT PREVIOUSLYESTABLISHED BYRESOLUTION01-08; ADOPTING THE ANNUAL RATE RESOLUTION AS PERMITTED BY ORDINANCE 784 FOR FISCAL YEAR 2005-2006; APPROVING THE PRELIMINARYRARRESOLUTION, AND CERTIFYING THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA STATUTES 197.3632(4)(5) AS NECESSARY UNDER FLORIDA STATUTES 197.3632, PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member l moved to adopt Resolution No. 05-06; seconded by Council Member c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT_ KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS Q MOTION: DENIED ARRIED i U E Page -4- C.1. a) Council Member — moved to read by title only and adopt proposed Ordinance No. 899 regarding Future L d Use Map Amendment No. 05-008-SSA, submittpd by Brad Goodbread -City Planning Consultant (Exhibit 3); seconded by Council Member. 0_,P_A b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DEP c) Attorney Cook to read proposed Ordinance No. 899 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USEMAP ONA CERTAIN TRACT OFLAND MOREPARTICULARLYDESCRIBED HEREIN FROMCOMMERCIAL c) TO MULTI-FAMILY(MF); PROVIDING FORINCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member moved to adopt Ordinance No. 899; seconded by Council Member L b) Public comments and discussion. -u.C� " Planning Staff Report Summary of Application: The subject property is currently classified as Commercial on the Future Land Use Map. The Multi -Family category would allow apartments, duplexes, and condominiums at a maximum density of 10 units per acre. Planning Staff Report Comprehensive Plan Analysis: (A) Consistency with the Land Use Categories and Plan Policies. As proposed, the applicant's request would be consistent with the Multi -Family Land Use category as intended in the Future Land Use Element of the City's Comprehensive Plan. (B) Concurrency of Adequate Public Facilities. Water is available to the subject property. Impacts to traffic and schools will b6 minimal. Any other concerns regarding the development can be reviewed at the Site Plan Review stage. (C) Compatibility with Adjacent and Nearby Land Uses. The proposed land use will not create any adverse impacts to the surrounding property as it will be compatible with the adjacent and nearby uses. (D) compliance with Specific Standards of the Plan. The City's Comprehensive Plan goals, objectives and policies, as they are intended, would allow for a Small Scale Amendment to the Future Land Use Map to Multi -Family. This. proposed change would be consistent with the uses'allowed by the Multi -Family category. Planning Staff Report Analysis and Conclusions: This application and its appearance before the Council and the LPA was duly noticed for the public in accordance with the notice requirements set forth in Chapter 163 of the Florida Statutes. Based on the application being consistent with the Comprehensive Plan, Staff recommends approval to amend the Future Land Use Map from Commercial to Multi -Family,. • Page -5- C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD 1 WII 1 IAUQ n Y ll MAYOR KIRK CLOSED THE PUBLIC HEARING AT _ Z P.M. Page -6- Vlll. NEW BUSINESS. A. 1. a) Council Member moved to read by title only and set July 19, 2005 as a final public hearing date for pr osed Ordinance No. 898, amending height regula io s in the Industrial Zoning Category - City Attorney (Exhibit 4); seconded by Council Member b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DEN C) Attorney Cook to read proposed Ordinance No. 898 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO.716 AND AS AMENDED, SECTION 90-345 THEREOF, TO CREATE AN EXCEPTION IN INDUSTRIAL ZONING CATEGORIES RELATED TO THE HEIGHT RESTRICTIONS IN INDUSTRIAL ZONING; RESTRICTING SUCH EXCEPTION TO THE OKEECHOBEE COMMERCE PARKAS PLATTED BY THE-GITKOF-OKEECHOBEE, FLORIDA; PROVIDING FOR CONFLICTS, SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE." 2. a) Council Member mo,x,�e to approve the first reading of proposed Ordinance No. 898; seconded by Counci M ber C�z , , b) Discussion. C) Vote on motion. VOTE KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DEN Page -7- B.1. a) Council Membermoved to read by title only and set July 19, 2005 as a final public hearing date for proposed Ordinance No. 900 regarding Rezoning Petition No. 05-004-R, submitted by David and Anitq Nunez - City Planning Consultant (Exhibit 5); seconded by Council /; Member 5 _ b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM- WATFORD L. WILLIAMS . MOTION: DENIE CARRIED. c) Attorney Cook to read proposed Ordinance -No. 900 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, -FROM HOLDING (H) ZONING DISTRICT TO RESIDENTIAL SINGLE FAMILY ONE (RSF-1) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Council Member �_ moved to approve the first -reading of proposed Ordinance No. 900; seconded by Council Member b) Discussion. Planning Staff Report Summary: The subject property has been designated Holding on the City's Official Zoning Map, The Single Family Future Land Use designation provides guidance into what is considered appropriate development for the property. The request is consistent with the Single Family Future Land Use category. The proposed use is compatible with the current existing uses of the surrounding properties. Planning Staff Report Analysis: When recommending whether to rezone a classification of land, the factors that the City shall consider include, where applicable, whether or not: (A) The Single Family Future Land Use designation allows for a maximum density of 4 units per acre. This request is consistent with the purpose and intent of Comprehensive Plan, specifically the Future Land Use Element. (B) The proposed use is for single family dwelling which is specifically allowed under the RSF-1 Zoning District. (C) The development of single- family homes on the subject property will not have an adverse effect on the public interest. (D) The location of the proposed use is compatible with adjacent land uses and will not be detrimental to urbanizing land use patterns. The subject property is designated as Single Family on the Future Land Use Map and is consistent with the existing development to the north, south, and west. (E) The proposed use will not adversely affect property values or living conditions of the adjacent property. (F) The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood (G) Because of the proposed use there will be no buffering. (H) The proposed use will not create a density pattern that would overburden public facilities. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The owner is allowed to develop the 2.26 acres at a maximum density of 4 dwelling units per acre. This would allow for a maximum of 9 home sites. This amount of development will not increase traffic congestion. Because of the properties' proximity to Taylor Creek, it is not known whether any drainage or flooding problems will occur because of development or whether the property is part of the Taylor Creek Drainage Basin. The Building Official should evaluate these concerns before a certificate of occupancy is issued. (1) The only restrictions on this property are those imposed by the Unified Land Development Code and the Comprehensive Plan. (J) There will not be a special privilege granted to the owner if the application is approved. Planning Staff Report Summary and Conclusion prior to Certification: Based on the above criteria being met, Staff is recommending approval of the request as it is consistent with the Future Land Use Map, Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from Holding (H) to Residential Single Family One (RSF-1) permitting the applicant to develop single family home sites. Not withstanding this recommendation, the applicant needs to demonstrate that the Single Family lot • 9 Page -8- zoning is not on a portion of the property that is defined or designated as a portion of the Taylor Creek Drainage Basin. (See Attached Objective 9 and corresponding policies of the Future Land Use Element and Official Zoning Map.) L I ^^ ,fZ A-b C Ct r 9 1 r / /IjdLe c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM a( WATFORD L. WILLIAMS cz MOTION: DENIED/CARRIED. u U Page -9- C.1. a) Council Member 0 k -Qt moved to read by title only and set July 19, 2005 as a final public hearing date for proposed Ordinance No. 901 regarding Rezoning Petition No. 05-005-R, submitted by Brad Go dbre - City Planning Consultant (Exhibit 6); seconded by Council Member b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIE CARRIED. c) Attorney Cook to read proposed Ordinance No. 901 by title only as follows: "AN ORDINANCE OF THE CITYOF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HEAVY COMMERCIAL (CHI9 ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RMF, ZONING DISTRICT, AMENDING THE ZONING IKAPACCORDINGLY, PROVIDING FOR CONFUCTS, SEVERABIUTYAND AN EFFECTIVE." 2. a) Council Member moved to approve the first reading of proposed Ordinance No. 901; seconded by Codficil Member b) Discussion. Planning Staff Report Summary: The subject property has been designated Heavy commercial on the City's Official Zoning Map. The proposed use is compatible with the current existing uses of the surrounding properties. Planning Staff Report Analysis: When recommending whether to rezone a classification of land, the factors that the City shall consider include, where applicable, whether or not: (A) Multi -Family use and Residential Multi -Family Zoning is consistent with the comprehensive Plan policies and the Future Land Use Map designation for this property. (B) Multi -Family development is authorized under the RMF Zoning District. (C) Apartments or other types of Multi -Family dwellings will not have an adverse effect on the public interest. (D) Multi -Family use and zoning are appropriate for this location. (E) The proposed use and zoning will not be a deterrent to the improvement or development of adjacent properties. (F) If necessary, site plan requirements can help to reduce any impacts upon the neighborhood. (G) Concurrency impacts will be minimal for this type of zoning. (H) The proposed use will not create traffic congestion, flooding, or drainage problems. (1) The only restrictions on this property are those imposed by the Unified Land Development Code and the Comprehensive Plan. (J) There will not be a special privilege granted to the owner if the application is approved. Planning Staff Report Summary and Conclusion priorto Certification: Based on the above criteria being met, Staff is recommending approval of the request as it is consistent with the Future Land Use Map. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from Heavy Commercial (CHV) to Residential Multiple Family (RMF) permitting the applicant to develop multi -family dwellings. 11 Page -10- I lc�- 4'-s- ��' a -u c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM c WATFORD L. WILLIAMS MOTION: DENIED/ RRIED. Page -11 - D. Council Member 2k� &l moved to authorize Attorney Cook to prepare a Resolution recognizing the City Fire Department as a member of the International Association of Fire Fighters. 004P-� - Vote on motion VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED ARRIED. IX. MAYOR KIRK ADJOURNED THE MEETING AT—j6j-'5-0 p.m. CITY OF OKEECHOBEE JULY 5, 2005 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 5 I. CALL TO ORDER - Mayor: July 5, 2005 City Council Regular Meeting, 6:00 p.m. . II. OPENING CEREMONIES: Invocation given by Pastor Edward Weiss, Church of Our Savior,__ Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham v ck Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings 40 Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present a Five -Year Employment Service Award to Marvin Roberts.; > - V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the June 21, 2005 Regular Meeting. JULY 5, 2005 - CITY COUNCIL AGENDA - PAGE 2 OF 5 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR RESOLUTION AND ORDINANCE ADOPTION - Mayor. A.1.a). Motion to read by title only and adopt proposed Resolution No. 05-05, a preliminary rate resolution relating to Solid Waste Collection and Disposal Services - -City Attorney (Exhibit 1). ; b) Vote on motion to read by title only. c) City Attorney to read proposed Resolution No. 05-05 by title only. 2.a) Motion to adopt Resolution No. 05-05. b) Public comments and discussion. c) Vote on motion. B.1.a) Motion to read by title only and adopt proposed Resolution No. 05-06 relating to the provision of Solid Waste Collection and Disposal Services and adopting a Schedule of Rates - City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Resolution No. 05-06 by title only. 2.a) Motion to adopt Resolution No. 05-06. b) Public comments and discussion. c) Vote on motion. JULY 5, 2005 - CrFY COUNCIL AGENDA - PAGE 3 OF 5 VII. PUBLIC HEARING FOR RESOLUTION AND ORDINANCE ADOPTION CONTINUED. C.1.a Motion to read by title only and adopt proposed Ordinance No. 899 regarding Future Land Use Map Amendment No. 05-008-SSA, submitted by Brad Goodbread - City Planning Consultant (Exhibit 3). ti b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 899 by title only. 40 2.a) Motion to adopt Ordinance No. 899. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. VIII. NEW BUSINESS. A.1.a) Motion to read by titre only and set July 19, 2005 as a final public hearing date for proposed Ordinance No. 898, amending height regulations in the Industrial Zoning Category - City Attorney (Exhibit 4). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 898 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 898. b) Discussion. c) Vote on motion. DULY 5, 2005 - CITY COUNCIL AGENDA - PAGE 4 OF 5 VIII. NEW BUSINESS CONTINUED. al public hearing date for proposed Ordinance No. 900 regarding Rezoning Petition No. 05- B.1.a Motion to read by title only and set July 19, 2005 as a fin 004-R, submitted by David and Anita Nunez - City Planning Consultant (Exhibit 5). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 900 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 900. b) Discussion. c) Vote on motion. C.1.a) Motion to read by title only and set July 19, 2005 as a final public hearing date for proposed Ordinance No 005-R, submitted by Brad Goodbread - City 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. 901 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 901. b) Discussion. c) Vote on motion. 901 regarding Rezoning Petition No. 05- n �J JULY 5, 2005 - CITY COUNCIL AGENDA - PAGE 5 OF 5 VIII. NEW BUSINESS CONTINUED. D. Moron to autho rize Attorney Cook to prepare a resolution recognizing the City Fire Department as a member of the International Association of Fire Fighters. 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 purpose may need to ensure a verbatim off vial re o d of the Cl,ng is made, which record includes the testimony an evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup o 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 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 adve isement for publication in the said newspaper_ r Sworn o nd subscri before me this day of A.D. 20 ='�5 °' en R. Brown Notary blic, State of Florida at Large _ ? commission #DD272118 o Expires: Jan 17, 2008 -9'FOFoQ Bonded Thru ""' Atlantic Bonding Co., Inc. • • ExHisir 1 JULY 5, 2005 RESOLUTION NO. 05-05 A PRELIMINARY RATE RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA PURSUANT TO THE SECTION 2.08, ORDINANCE NO. 748 RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; SETTING FORTH A BRIEF DESCRIPTION OF SOLID WASTE SERVICES PROVIDED; DETERMINING THE SOLID WASTE ASSESSED COST FOR THE UPCOMING FISCAL YEAR; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR THE UPCOMING FISCAL YEAR; AUTHORIZING AND SETTING A PUBLIC HEARING TO CONSIDER COMMENTS FROM THE PUBLIC CONCERNING ADOPTION OF AN ANNUAL RATE RESOLUTION; DIRECTING THE CITY ADMINISTRATOR TO UPDATE THE ASSESSMENT ROLL; AND TO PROVIDE NECESSARY NOTICE THEREOF TO AFFECTED LANDOWNERS IN THE CITY OF OKEECHOBEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has enacted Ordinance No. 784, which authorized the imposition of Solid Waste Assessments against certain assessable property located within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, the City of Okeechobee, Florida has previously duly noticed and conducted a public hearing on August 21, 2001, which provided the opportunity to hear testimony and take written objections from the public and interested parties in accordance with Section 197.3632 Florida Statutes, and conjunction therewith, provided written notice to all affected property owners as to the effective time period, geographic area, and the maximum rate to be assessed against each parcel, and such additional information as required by law, and WHEREAS, Section 197.3632(5) requires that by September 15 of each year thereafter, the chair of the local governing board must certify a non -ad valorem assessment roll to the Tax Collector, which is necessary for the imposition of such assessments; and WHEREAS, the imposition of an annual Solid Waste Assessment is an equitable and efficient method of allocating and apportioning solid waste collection and disposal costs among parcels of property within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, Ordinance No. 784 Section 2.08 thereof requires that prior to the adoption of an annual rate resolution that the City must enact a preliminary rate resolution, which includes the requirement of the City Administrator for the City of Okeechobee prepare an updated assessment roll; and WHEREAS, the City Council desires to continue the Solid Waste Collection Assessment program for the Fiscal Year beginning on October 1, 2005, and said assessment is a non -ad valorem assessment; and NOW, THEREOF, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Ordinance No. 784; Resolution 01-08, Florida Statutes 197 and other applicable provision of law. SECTION 2. PURPOSE AND DEFINITIONS. This resolution constitutes a preliminary rate resolution as defined in Ordinance No. 784, Section 2.08, and previously adopted. The amount of the solid waste assessment imposed each Fiscal Year against each parcel of improved property shall be based on one or more of the following: Page 1 of 3 a. Classification of improved property reasonably related to the generation of solid waste or recovered materials. b. The physical characteristics of a specific parcel or building. C. Any other factor reasonably related to the generation of solid waste or recovered materials; or d. Any combination of the foregoing; provided however, that the factor or combination of factors employed to compute the solid waste assessment shall result in a rate of assessment not in excess of the special benefit accruing to such parcel of improved property. SECTION 3. DESCRIPTION OF SERVICES. The services, facilities and programs to be provided to the citizens of the City of Okeechobee for solid waste collection for the upcoming Fiscal Year include the continuation of a franchise with a solid waste company acceptable to the City for the provision of such services; for such company to provide the labor and equipment necessary to fulfill solid waste services; to provide receptacles for collection; to provide for scheduled and emergency pick up services; to provide for pick up of white goods, trash and yard debris; and such other services customarily associated with such franchise services. SECTION 4. SOLID WASTE ASSESSED COSTS AND ESTIMATED RATES. ,)% Q&-y; yyy. vg It is determined that the solid waste assessed costs to be assessed for the upcoming Fiscal Year is the estimated sum of-$234,543.8` , and that this cost will be apportioned among customers at an estimated assessment rate for the upcoming Fiscal Year in the annual sum of $137.16. SECTION 5. UPDATING ANNUAL ASSESSMENT ROLL. That the City Administrator is directed to prepare an updated assessment roll for the Fiscal Year ending September 30, 2006 in the manner provided for in Ordinance No. 784. The updated assessment roll shall be certified on a compatible electronic medium with that of the Tax Collector, and shall post the non -ad valorem assessment for each parcel on the roll, to be presented to the City Council for adoption at an annual rate resolution, which shall be certified to the Tax Collector before September 15 of the current year. The City Council may make corrections or alterations to the roll up to 10 days prior to certification to the Tax Collector. SECTION 6. PUBLIC HEARING. The City Council authorizes and sets for public hearing the adoption of the annual assessment roll pursuant to Ordinance No. 784, Section 2.08, to receive public comment pertaining to adoption of the annual assessment roll on the following date and time, which shall be duly published by the City Clerk for the City of Okeechobee, Florida, to -wit: Date: Tuesday, July 5, 2005 Time: 6:00 p.m., or as soon thereafter as can be heard. Place: City Hall, 55 S. E. 3'd Avenue, Okeechobee, Florida. The City Clerk is further directed to provide any supplemental or additional notice of adoption of the annual assessment roll as may be deemed proper, necessary or convenient to the City. SECTION 7. SEVERABILITY. That if any portion of this resolution should be judicially determined to be unenforceable, then the balance thereof shall continue to remain in full force and effect. Page 2 of 3 SECTION 8. EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED in regular session this 5"' day of July. 2005. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 3 of 3 • EXHIBIT 2 JuLY 5, 2005 RESOLUTION NO.05-06 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTE COLLECTION ASSESSMENT PREVIOUSLY ESTABLISHED BY RESOLUTION 01-08; ADOPTING THE ANNUAL RATE RESOLUTION AS PERMITTED BY ORDINANCE 784 FOR FISCAL YEAR 2005-2006; APPROVING THE PRELIMINARY RAT RESOLUTION; AND CERTIFYING THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA STATUTES 197.3632(4)(5) AS NECESSARY UNDER FLORIDA STATUTES 197.3632; PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has enacted Ordinance No. 784, which authorized the imposition of Solid Waste Assessments against certain assessable property located within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, the City of Okeechobee, Florida has previously duly noticed and conducted a public hearing on August 21, 2001, which provided the opportunity to hear testimony and take written objections from the public and interested parties in accordance with Section 197.3632 Florida Statutes, and conjunction therewith, provided written notice to all affected property owners as to the effective time period, geographic area, and the maximum rate to be assessed against each parcel, and such additional information as required by law, and WHEREAS, Section 197.3632(5) requires that by September 15 of each year thereafter, the chair of the local governing board must certify a non -ad valorem assessment roll to the Tax Collector, which is necessary for the imposition of such assessments; and WHEREAS, the imposition of an annual Solid Waste Assessment is an equitable and efficient method of allocating solid waste collection and disposal costs among parcels of property within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, the City Council desires to continue the Solid Waste Collection Assessment program for the Fiscal Year beginning on October 1, 2005, and said assessment is a non -ad valorem assessment; and WHEREAS, the City has previously adopted a preliminary rate resolution for Fiscal Year 2005-2006 which adopted an estimated assessment rate, and which set the matter for public hearing this date to consider adoption of the annual assessment; and NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Ordinance No. 784; Resolution 01-08, Florida Statutes 197 and other applicable provision of law. SECTION 2. PURPOSE AND DEFINITIONS. This resolution continues an annual rate resolution as defined in Ordinance No. 784, Section 2.08, and previously adopted. The amount of the solid waste assessment imposed each Fiscal Year against each parcel of improved property shall be based on one or more of the following: Page 1 of 4 • 0 a. Classification of improved property reasonably related to the generation of solid waste or recovered materials. b. The physical characteristics of a specified parcel or building. C. Any other factor reasonably related to the generation of solid waste or recovered materials; or d. Any combination of the foregoing; provided however, that the factor or combination of factors employed to compute the solid waste assessment shall result in a rate of assessment not in excess of the special benefit accruing to such parcel of improved property. SECTION 3. SOLID WASTE COLLECTION AND ANNUAL ASSESSMENT ROLL. a. It is hereby ascertained, determined and declared that continued imposition of an annual Solid Waste Assessment consistent with the maximum Assessment Rate schedule in Section 2.08 of Ordinance No. 748, and Resolution No. 01-08, and also as adopted as the preliminary rate resolution for Fiscal Year 2005-2006 adopted by the City Council at a duly advertised hearing continues to be a fair reasonable method of allocating waste collection and disposal costs among parcels of property within the incorporated area of the City of Okeechobee, Florida. b. That the City Administrator has caused to be prepared the assessment roll for the Fiscal Year ending September 30, 2006 in the manner provided for in Ordinance No. 784. The solid waste collection and disposal cost for which the solid waste collection and disposal assessment is intended to pay is �zkW, qyll. yj� . 0: The cost shall be apportioned among the parcels of real property within the incorporated area of the City of Okeechobee, Florida as reflected on the assessment roll. C. It is hereby ascertained, determined, and declared that based upon the findings set forth in paragraph (a) and the solid waste collection and disposal cost described in paragraph (b), the Rate of Assessment for the 2005-2006 Fiscal Year as set forth in Appendix A and attached hereto and incorporated herein to continue an increase in the Assessment Rate included in any notice previously provided to owners of assessable property pursuant to Ordinance No. 784, Resolution 01-8, and Chapter 197 Florida Statutes. d. That the Solid Waste Collection Assessment Roll as presented by the City Administrator is hereby approved and adopted for the 2006-2006 Fiscal Year, and the chair of the local governing board, being the Mayor for the City of Okeechobee, Florida or his designee', shall certify this non -ad valorem assessment roll on compatible electronic medium to the Tax Collector for Okeechobee County, Florida by September 15, 2005, which roll shall contain the posting of the non -ad valorem assessment for each parcel. SECTION 4. ESTABLISH MAXIMUM RATE OF ASSESSMENT That the rate of assessment set forth in Appendix A for the year 2005 is adopted as the rate of assessment for the 2005-2006 Fiscal Year. The City of Okeechobee, through the chair or his or her designee, reserves the right to make such alterations to the assessment roll for up to ten days prior to such certification if errors or omissions are discovered in the roll. SECTION 5. SEVERABILITY. That if any portion of this resolution should be judicially determined to be unenforceable, then the balance thereof shall continue to remain in full force and effect. Page 2 of 4 SECTION 6. EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED in regular session this -"day of July, 2005. 5y�- ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 3 of 4 • RESOLUTION NO.05-06 • Appendix A The assessments will be computed by multiplying the rate of assessment by, the number of dwelling units for residential property uses. A single unit will be assessed on the following schedule: The amount to be levied in the year 2005: $137.16 The maximum amount to be levied in the year 2006 $137.16 The maximum amount to be levied in the year 2007: $137.16 The maximum amount to be levied in the year 2008: $137.16 The maximum amount to be levied in the year 2009: $137.16 The maximum amount to be levied in the year 2010: $137.16 The total annual revenue to be collected by this assessment for 2005-2006 is: $264,444.48 The estimated total annual revenue to be collected by this assessment for 2006-2007: $264,444.48 The estimated total annual revenue to be collected by this assessment for 2007-2008: $264,444.48 The estimated total annual revenue to be collected by this assessment for 2008-2009: $264,444.48 The estimated total annual revenue to be collected by this assessment for 2009-2010: $264,444.48 The estimated total annual revenue to be collected by this assessment for 2010-2011: $264,444.48 Appendix A - Resolution No. 05-06 Page 4 of 4 0 . EXHIBIT 3 JULY 5, 2005 ORDINANCE NO. 899 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 636 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM COMMERCIAL O) TO MULTI - FAMILY (MF); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 05-008-SSA) for a small-scale amendment to the Future Land Use Element of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Land Planning Agency 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 of the Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part 11, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, that: SECTION 1. SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. The following described land consisting of approximately 0.491 acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: Page 1 of 2 • a. Application No. 05-008-SSA, from Commercial to Multi -family. The Legal Description of Subject Property is as follows: LOTS 8, 9 AND 10� BLOCK PLAT BOOK 5, PAGE SBPUBLIC EE, AS RECORDED THEREOF RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 4. INCLUSION OF ORDINANCE AND REVISED LAND USE MAP IN THE COMPREHENSIVE it is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994," which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 899 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 5! day of July, 2005. ATTEST: Lane Gamiotea, CIVIC, City Clerk ADOPTED after first reading on the 5mday of July, 2005. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 0 City of Okeechobee General Services Department j5 S.E. 3" Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, east. 213 Fax: (863) 763-1636 Date: a1 05 -Petition No. Fee Paid: 1 QQ — Jurisdiction- 1st Hearing_ (_Q 1 a$' O5 2nd Hearing. __7 I � O Publication Dates: . Notices Maited:- Comprehensive Plan Map Amendment Application Please Check One: mall Scale Amendment (Under 10 Acres) - Lame Scale Amendment (Over 10 Acres) Name of property owner(s): OD9-4►E 4, o&PfS C.*i7 A Owner mailing address: O�-S? mil' '� 7� ©�►rR�'wb�ht - .3q q/r Z, P P Name of applicant(s) if other than owner (state relationship):-t3md GomcQb�-" --�Sa r1 L c Applicant mailing address: l 2A-7S 7,0 6 Q .c-e�,b,.t %Z Ot A -Y Name of contact person (state relationship): T Contact person daytime hone(s): Fax: Property address / directions to property: % I o I�3L� �Z %s#., Lor5 La 8 ✓ Parcel Identification Number: 3 is" - 3 5 - be o " so ( T bO $� Size of the Property (in acres): Q. 4 VY 4'G Current Zoning Designation: i wr 1p - P R Current Future Land Use Designation: O Existing Use of the Property: :5 F P E Proposed Future Land Use Designation: �. R T Proposed Use of the Property: NUUT-1 G'm)L4 ril 1 Y Description of Surrounding Properties: mw% • �G{G�It-1.�rld � �"' �G.t II��LArUd Legal Description of the Property (Lengthy Description May be Attached): • 1375 Jack* Street, Suite 206 Fort Myers, Florida. 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(a-att.net Staff Report -Small Scale Comprehensive Plan Amendment Prepared for: The City of Okoechobee Applicant: Bradley Good -bread From: Commercial to Multi Family Petition No. 05-008 SSA Is u Staff Report Small -Scale Comprehensive Plan Amendment South: Future Land Use Map Classification: Zoning District: Existing Land Use: Applicant: Bradley Goodbread Petition No. 05-008-SSA Commercial CHV Vacant and Single -Family West: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Commercial The subject property is currently classified as Commercial on the Future Land Use Map. The Multi -Family category would allow apartments, duplexes, and condominiums at a maximum density of 10 units per acre. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. As proposed, the applicant's request would be consistent with the Multi -Family Land Use category as intended in the Future Land Use Element of the City's Comprehensive Plan. B. Concurrency of Adequate Public Facilities Water is available to the subject property. Impacts to traffic and schools will be minimal. Any other concerns regarding the development can be reviewed at the Site Plan Review stage. C. Compatibility with Adjacent and Nearby Land Uses The proposed land use will not create any adverse impacts to the surrounding property as it will be compatible with the adjacent and nearby uses. D. Compliance with Specific Standards of the Plan. The City's Comprehensive Plan goals, objectives and policies, as they are intended, would allow for a Small Scale Amendment to the Future Land Use Map to Multi -Family. This proposed change would be consistent with the uses allowed by the Multi -Family category. Analysis and Conclusions This application and its appearance before the Council and the LPA was duly noticed for the public in accordance with the notice requirements set forth in Chapter 163 of the Florida Statutes. 2 • • I am seeking an amendment to the City of Okeechobee Comprehensive Plan for Lots 8, 9 & 10 Block 18 of the City of Okeechobee. I presently own 14 lots which are contiguous to the subject property and which all are zoned MF — Multi Family. I plan on building a Multi Family Development on these 14 lots and would like to include these 3 lots in the project. A - /it� adley G. Go bread • George Goodbread hereby grant consent to my son, Bradley G. Goodbread to act on I, matter of amending the City of Okeechobee Comprehensive Plan in MY behalf in the reference to the subject properly described as Block 18, Lots 8, 9 & 10, City of Okeechobee. ge A. Goo d Robert Enrico COMMon#DD359518 empires. DEC. 09, 2008 WS �` Bonded Thra �:;;o;,;�.�:`� AJntJC Bondin& Co., Inc �S avd f • •Applicant: Bradley Goodbread Staff Report Petition No. 05-008-SSA Small -Scale Comprehensive Plan Amendment Based on the application being Staff consistent with the Comprehensive Plan, recommends approval to amend the Future Land Use Map from Commercial to Multi -Family. Maps or Diagrams Submitted by: James G. LaRue, AICP June 21, 2005 3 u Staff Report Small -Scale Comprehensive Plan Amendment Address: Phone Number: Fax Number_ Owner: Parcel I.D. Future Land Use Map Classification Zoning District Use of Property Access • Applicant: Bradley Goodbread Petition No. 05-008-SSA Bradley Goodbread 12575 Highway 70 East Okeechobee, FL 34972 863-634-2121 863-357-1967 George Goodbread 3-15-37-3 5-0010-00180-0080 Commercial IMulti-Family CHV & RMF I RMF Single -Family and Vacant Multi -Family W.491 0.491 2 Street Location: 110 N.E. 12th Street/ Lots 8,9 and 10, Block 18 Legal Description: LOTS 8,9 AND 10, BLOCK 18, OKEECHOBEE, AS RECORDED THEREOF IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. The matter for consideration is for a Small Scale Amendment to the City of Okeechobee's Future Land Use Map from Commercial to Multi -Family to allow for multi -family dwellings on the subject property. Based on the size of the property, this application qualifies under Chapter 163 of the Florida Statutes as a Small Scale Amendment to the Plan. In addition to this request, the applicant also requests a rezoning of Lot 10 from CHV to RMF. North: Future Land Use Map Classification: Commercial Zoning District: Holding Existing Land Use: Vacant East: Future Land Use Map Classification: RMulti-Family Zoning District: MF Existing Land Use: Vacant 1 Required Attachments " x 14", 20" Scale) Application Fee (non-refundable) Survey. of Property (11 City Location Map Letter Outlining Request Notarized Letter of Owner's Authorization ✓ Confirmation of Information Accuracy information in this application is correct. The information included in I hereby certify that the info of Okeechobee in processing my request. False this application is for use by the City imprisonment of up to be unishable by a fine of up to $500.00 and misleading information may p denial of this application. 30 s d y r ul the summary 1?4�0"-- Date Printed Name Page 2 of 2 Uniform Land Use Application (rev. 12/03) r BOUNDARY SURVEY PREPARED FOR GEORGE GOODBREAD I- N E. 12TH A VENUE — END OF ASPHAL T — (ASPHALT ROAD) 70' R/W FOGS OF ASPHAL T 0 FOUND 5/8-IRON ROD & CAP (ILLEGIBLE) I TELEPHONE PEDESTAL N LINE OF BLOCK 18 N 89 49 ;38" E 1 SET 5/8" IRON ROD & CAP %CAB LS 4820" N 89'I9 J8" £ 15.00' END OF FENCE LOT 11 5.7' SOUTH BLOCK 18 LOT 12 BLOCK 18 Q W a N O o Z w m � V 2 LOT 13 �u BLOCK 18 A O 2 111 TOTAL PARCEL CONTAINS 0.491 ACRES 74.6' — --- CONCRETE FOUND BROKEN 4X4" CONCRETE MONUMENT (NO I.D.) C CCUUL V£RT :f 45 (C) 142.5(P) f I I SEP77C TANK N � I h � I � e I I I COVERED 10.4' I . 9' � PC — 27.4' — 0` h I STORY N h RESIDENCE A TER METER N 2J.0' Qj — 27.2' — m — — — — — 75.1'SEPTIC TANK u O O LOT 10 LOT 9 LOT 8 BL OCK 18 BL OCK 18 BL OCK 18 a n h I O�� I FOUND 5/8" IRON ROD _ FOUND 5/8" IRON ROD & CAP DEHA YS 5178' / I dr CAP DEHAYS 5178' O X WEST / -TMW—DHW— � FENCE LINE 0.4' EAST L POLEE FOUND 5/8" IRON ROD ,IgLP& CAP HOOVER 6329" LOT 14 LOT 17 BLOCG�C 18 BLOCK 18 [n�. OCR tt'a LOT 7 BLOCK 18 S 89 58'35" W 142.56(C) 142.5(P) UTILITY 15' ALLEY h POLE I X 1 LOT LOT LOT 20 1 BLOCK 18 BLOCK 18 BLOCK 1B 0 1530 L���I � ���L��J.�.�1.. SCALE IN FEET MAP SCALE: 1 INCH = 30 FEET DESCRIP TION.• \ LOTS 8, 9 ANDD, OKEECHOBEE, AS RECORDED THEREOF IN PLA T � BOOK 5, 4-GE , PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PROJECT SPECIFIC NO TES: 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLA T(P) AND MEASURED(M). 2) SITE ADDRESS: 110 N.E. 127H STREET. 3) PARCEL ID: 3-15-37-35-0010-00180-0080. 4) F. I. R. M. ZONE: ZONE UNOETFRMINED, PARCEL LIES WI THIN THE OKEECHOBEE CITY LIMITS. 5) THIS SURVEY IS NOT INTENDED TO DEPICT JURISDICTIONAL AREAS OR 07HER AREAS OF LOCAL CONCERN. 7) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. AD0177ONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROH1817ED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 8) DA TF OF LAST FIELD SURVEY 04128105. SOUTH LINE OF BLOCK 18 N R/W OF N. E 11 TH A VE. FOUND 518`IRON ROO & CAP "1221" STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted. No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are no visible above ground encroachments except as shown. No attempt was made to locate underground improvements and/or encroachments (if any) as part of this survey. This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17-6, F.A.C.) pursuant to Section 472.027, Florida Statutes. PREPARED FOR THE EXCLUSIVE USE OF: DESCRIPTION DWG. DATE BY CK GEORGE A. GOODBREAD BOUNDARY SURVEY 05/04/05 WC KAB DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE I FB/PG: 147/27-29 SCALE: 1" = 30' BEARING REFERENCE: THE EAST LINE OF LOTS 11-16 IS TAKEN TO BEAR N 00'00'57" E FILE: 19330 JOB NO: 19330 ' LEGEND ®—Set Iron Rod and Cap TWPS 6719 ■—Found CM •—Found Iron Rod (and Cap) O —Found Pipe (and Cap) ABBREVIATIONS IL=Baseline; BM=Benchmark; nj.=Centerline; C=Calculated; CATV=Cable TV; CM= Concrete Monument; CONC=Concrete; D=Deed; 6=Delta or Central Angle; E=East; E'LY=Easterly, E/P=Edge of Pavement: ESMT=Easement; F.I.R.M.=Flood Insurance Rate Map; FND=Found; IP=Iron Pipe; IR&(C)=Iron Rod (and ID Cap); L=(Arc) Length; M=Measured; MH=Manhole; N=North; N'LY=Northerly, NGV(D)=National Geodetic Vertical (Datum) of 1929; NTS=Not to Scale; OHW=Overhead Wires; t=Property Line; P=Plat; PC=Point of Curvature; PCC=Point of Compound Curvature; PCP= Permanent Control Point; POB=Point of Beginning; POC=Point of Commencement; PRC=Point of Reverse Curvature; PRM=Permanent Reference Monument; PT=Point of Tangency, PU&D=Public Utilitiy and Drainage; R=Radius; R/W= Right— of— Way, S=South; S'LY=Southerly, T=Tongent; TEL=Telephone Splice or Switch Box; W=West; W'LY=Westerly; UTIL=Utility(ies); >'-"=Spot Elevation based on indicated Datum, June 28.2005 - Land - PaLye 2 of 4 III. New Business - City Planning Consultant. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: 008-SSA. Consider a recommendation to the City Council, to change the land use designation from Commercial to Multi -Family. The subject property is Planning Staff Report Summary of Application: The subject property is currently classified as located at 110 NE 12th Street. The application was submitted by Bradley G. Commercial on the Future Land Use Map. The Multi -Family category would allow apartments, Goodbread on behalf ofthe property owner George A. Goodbread - City Planning duplexes, and condominiums at a maximum density of 10 units per acre. Consultant. • Planning Staff Report Comprehensive Plan Analysis: (A) Consistency with the Land Use Categories and Plan Policies. As proposed, the applicant's request would be consistent with the Multi -Family Land Use category as intended in the Future Land Use Element of the City's Comprehensive Plan. (B) Concurrency of Adequate Public Facilities. Water is available to the subject property. Impacts to traffic and schools will be minimal. Any other concerns regarding the development can be reviewed at the Site Plan Review stage. (C) Compatibility with Adjacent and Nearby Land Uses. The proposed land use will not create any adverse impacts to the surrounding property as it will be compatible with the adjacent and nearby uses. (D) Compliance with Specific Standards of the Plan. The City's Comprehensive Plan goals, objectives and policies, as they are intended, would allow for a Small Scale Amendment to the Future Land Use Map to Multi -Family. This proposed change would be consistent with the uses allowed by the Multi -Family category. Planning Staff Report Analysis and Conclusions: This application and its appearance before • the Council and the LPA was duly noticed for the public in accordance with the notice requirements set forth in Chapter 163 of the Florida Statutes. Agency Member Burroughs noted for the record that the boundary survey indicated Northeast 12t' Avenue, and that it should state Northeast 12`h Street. Jim LaRue agreed and explained to the applicant that the error needed to be corrected. There was no public comments, nor any further discussion from the Agency. Agency Member Hoover motioned to recommend to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application No. 05-008-SSA to change the land use designation from Commercial to Multi -Family based on the recommendation by the City Planning Consultant as it is consistent with the Comprehensive Plan; seconded by Agency Member Whidden. IV. New Business - City Planning Consultant. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- 008-SSA, continued. B. Discuss recommending to the City Council to Amend Section 90-345 (4) of the Land Development Regulations specifically related to the Maximum Height of Structures within the Industrial Zoning District - City Attorney. June 28, 2005 - Land Planning Agency - Page 3 of 4 VOTE BURROUGHS-YEA HOOVER -YEA K. KELLER - YEA LEDFERD - YEA WHIDDEN - YEA MOTION CARRIED. John Cook, City Attorney, briefly described the request. Attorney Cook provided a copy of the proposed ordinance for the Agency Members to review. He explained that the height restrictions are currently forty-five (45) feet; then, if a developer is requesting to build higher than the forty- five foot limit, they are required to get a special exception. Attorney Cook explained that he felt that it was better to leave the height limit and the requirement for a special exception as is. This will allow the Board of Adjustments to have more control to regulate the height of structures within Industrial zoning on a case by case basis. He explained that there is some language changes within the Ordinance that will need to go to City Council for adoption. There was no public comments, nor any discussion from the Agency. Agency Member Burroughs motioned to recommend to City Council to approve proposed Ordinance No. 898, based on the recommendation from Attorney Cook; seconded by Agency Member Hoover. VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA WHIDDEN - YEA MOTION CARRIED. • • EXHIBIT 4 JULY 5, 2005 ORDINANCE NO. 98 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO.716 AND AS AMENDED, SECTION 90-345 THEREOF; TO CREATE AN EXCEPTION IN INDUSTRIAL ZONING CATEGORIES RELATED TO THE HEIGHT RESTRICTIONS IN INDUSTRIAL ZONING; RESTRICTING SUCH EXCEPTION TO THE OKEECHOBEE COMMERCE PARK AS PLATTED BY THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR CONFLICTS, SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has established an industrial park known as "City of Okeechobee Commerce Center", and located on industrial zoned property located within the City, which park is found at Plat Book 7, Pages 10-13, public records, Okeechobee County, Florida; and WHEREAS, the Commerce Center location is isolated to other industrial uses in that its location is the furthermost North and Eastern boundaries of the municipal city limits; and WHEREAS, the Commerce Center is designed to attract commercial and industrial uses that create jobs for the City of Okeechobee and improve the overall commercial and business environment of the City, and to assist in financial stability of the City and its citizens; and WHEREAS, due to the location of the Commerce Center, and its isolation from other industrial uses within the city, as well as the intense industrial uses it may attract, it is in the best interests of the City to permit certain industrial uses that may otherwise not be compatible in other areas of the City that are zoned industrial; NOW, THEREFORE, be 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, it is adopted and approved that Ordinance No. 716 be amended in the following respect: Section 1. Sec. 90-345. Lot and structure requirements Except where further restricted by these regulations for a particular use, the minimum lot and structure requirements in the IND district shall be as follows: (1) Minimum lot area. All uses: Area As needed to comply with requirements set out in division Width None (2) Minimum yard requirements. Except where a greater distance is required by these regulations for particular use, the minimum yard setbacks shall be as follows: All uses: Front 25 feet Side 15 feet; 40 feet abutting residential zoning district Rear 20 feet; 40 feet abutting residential zoning district (3) Maximum lot coverage by all buildings. Maximum Coverage Maximum Impervious All uses: 50 percent 85 percent Language underlined is to be added. Language sMieken is to be deleted. Page 1 of 2 • (4) Maximum height of structures. (a) Except where further restricted or enacted by these regulations for a particular use, the maximum height shall be as follows: All uses shall be 45 feet, where for any structure in which workers are employed; are mot workers. and occupy or a structure not occupied but which is in the nature of a silo spire storage elevator towers and similar structures. except telecommunication towers governed by an r-m of land development regulations For all structures exceedin this height regardless of whether workers are employed therein and including any structure which may be erected at a location that would adversely affect the navigational re ulrements and air space surrounding the Okeechobee County airport regardless of its height such structures shall be permitted one by special exception Section 2. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. Severability. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Section 4. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 5th day of July, 2005. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this � day of July, 2005. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language underlined is to be added. Language strieken is to be deleted. James E. Kirk, Mayor Page 2 of 2 June 28, 2005 - Land Plannin 3 of 4 W. New Business - City Planning Consultant. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- 008-SSA, continued. B. Discuss recommending to the City Council to Amend Section 90-345 (4) of the Land Development Regulations specifically related to the Maximum Height of Structures within the Industrial Zoning District - City Attorney. VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA WHIDDEN - YEA MOTION CARRIED. John Cook, City Attorney, briefly described the request. Attorney Cook provided a copy of the proposed ordinance for the Agency Members to review. He explained that the height restrictions are currently forty-five (45) feet; then, if a developer is requesting to build higher than the forty- five foot limit, they are required to get a special exception. Attorney Cook explained that he felt that it was better to leave the height limit and the requirement for a special exception as is. This will allow the Board of Adjustments to have more control to regulate the height of structures within Industrial zoning on a case by case basis. He explained that there is some language changes within the Ordinance that will need to go to City Council for adoption. There was no public comments, nor any discussion from the Agency. Agency Member Burroughs motioned to recommend to City Council to approve proposed Ordinance No. 898, based on the recommendation from Attorney Cook; seconded by Agency Member Hoover. VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA WHIDDEN - YEA MOTION CARRIED. • EXHIBIT 5 JULY 5, 2005 ORDINANCE NO. 900 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING (H) ZONING DISTRICT TO RESIDENTIAL SINGLE FAMILY ONE (RSF-1) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 2.26 acre(s) from Holding (H) Zoning District to Residential Single Family One (RSF-1) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Office for the City; that: Section 1. Legal Description The following described land, located in the City of Okeechobee, to -wit: Commencing at the Southeast corner of fractional Block 83, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida and run Southeasterly, along the Southerly extension of the East line of said Block 83, to the intersection with the centerline of N.E. 6th Street (formerly Twelfth Street), also being the Southwest corner of a parcel of land as described in O.R. Book 405, Page 663, public records of Okeechobee County, Florida, and the POINT OF BEGINNING; thence continue Southeasterly, along said extended line, to the Northeast corner of Lot 1 in Block 84 of said plat of Okeechobee; thence continue Southeasterly, along the East line f said Lot 1 and the Southerly extension thereof, to the intersection with the centerline of the 20 foot wide alley in said Block 84; thence run East, along the Easterly extension of said centerline, to the Western shoreline of Taylor Creek; thence run Northwesterly, along said Western shoreline, to the intersection with the Easterly extension of the aforesaid centerline of said N.E. 6th Street and the Southeast corner of said land described in O.R. Book 406, Page 663; thence run West, along said extended centerline and also along the South boundary line of said parcel of land, to the POINT OF BEGINNING. Page 1 of 2 Section 2. Zoning Map Amendment That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Holding (H) Zoning District to Residential Single Family One (RSF-1) Zoning District. Section 3. Conflict All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. Severability If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Section 5. Effective Date This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 5t' day of July, 2005. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 191h day of July, 2005. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 /Ub/:Gb05 09:34 8637631686 CITY OF OKEECHOBEE rapt e4 • Ah City of Okeechobee General Services Department 5S S.E. 3rd Avenue, Room 101 Okeechobee, Florida 3497A-29U3 Pbone: (863) 763-3372, ext4 218 Fax: (863) 763-1686 Date; - ? 5 Petition No. 05. Q Fee Paid: jurisdiction: ) C ist Hearing: g p 2nd Hear ng, # 19 Publication Dates; Notices Mailed: umiorm .Lana use A,ppucation Rezone a Special Exception + Variance ✓ Name of property owner(a): ax ,4-, w Owner mailing address: Z � P P Name of applicants) if other than owner (state relationship); N I R L I Applicant mailing address: N I H C A Name of contact person (state relationship): N T Contact a da hone(s): �} to `1—D (a 1 t Fax: Property address / directions to property: W! +11 Aly,'%o 5 ``�'s ' [Istthas,'ubject ate current use of property: op�Y: ibe improvements on property, including number/typo of dwellings and whether occupied (if none. so state): oximate number of acres: Z , -L (o Is property in a platted subdivision? e d� bt re a current or recent use of the property that is/was a violation of county ordinance? If so, describe: It�( Uhere been any land use applications concerning all or part of this property in the last year? If so, indicate date, P and applicant's name; IV b B Rle subject to this application being granted? parcel your total holdings at that location? If not, describe the remaining or intended uses: Describe adjoining land uses / improvements to the North: cJ South: East: West:7R6 Existing zoning: 4 0 t v j c: Future Land Use classification: jZ5 Actions Requested:V I hezone () Special Exception U Variance MoMMMParcel Idengticattoa Number: _ 'Z - - t7 i� '�_O L\ 1 -r % 7 T' Lboareby Coniirmatlon� of Information Accuracy certify that the information in this application is correct. The information included in this application is for use ity of Okeechobee in processing my request' False or misle►ding itformation may be punishable by a fine of up 00 and mprisonment of up to 30 days and toaay result iqn the summary denial of this application. e wpm=Panted Name Date Uniform Land Use Application (rev. IM3) Page l of 2 05-05-2005 20:39 D A SOD 869 467 0610 PAGE:4 • • May 11, 2005 David & Anita Nunez, Jr. 2085 S.E. 4 th. Street Okeechobee, F134974 863-467-0611 Applicant Statement of Interest In Property We are the owners of the property requesting a rezone of the property to Single Family Residential. This property is described in : Petition No. Anita Nunez IIIIIIIIIIII1III1IIIIIIIIIINI111111 FILE NUN 397409 R 00511 PG 1156 DATE: 09/18/2003 04:57:30 SHARON ROBERTSONr CLERK, OF CIRCUIT COURT OKEECHOBEE COUNTY, F DEED DOC 28.00 .is Document Prepared By and Return to: L J jONELY E. CONELY, P.A. TOM W. CONELY, III 401 N.W. 6TH STREET P.O. DRAWER 1367 OKEECHOBEE, FL 34973-1367 Parcel ID Number: 3 -15 - 3 7 - 3 5 - 0 010 -00 010-001A Grantee #I TIN: Grantee #2 TIN: Warranty Deed This Indenture, Made this 2 7 th day of June , 2003 A.D., Between FRED B. CAGLE of the County of , state of Florida , grantor, - and DAVID NUNEZ, JR. and ANITA S. NUNEZ, his wife whose address is: 2085 S.E. 4th Street, Okeechobee, FL 34974 of the County of Okeechobee , State of Florida ,grantees. 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 GRANTEES, the receipt wbereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEES and GRANTEES' heirs, successm and assigns forever, the following described land, situate lying And beinginthe Countyof Okeechobee State of Florida to wit: See Exhibit aAn attached hereto. THE PROPERTY HEREIN CONVEYED DOES NOT CONSTITUTE THE HOMESTEAD PROPERTY OF GRANTOR. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 2002. 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 his hand and seal the day and year first above written. Signed,' sealed and delivered ' our presence: (Seal) A CONELY FRED B. CAGLE Witness P.O. Address: Post Office Box 1033, Inverness, FL 34451 TO C NE III itnes STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this 2 7 th day of June , 2003 by FRED B. CAGLE he is personally known NELY MY COMMISSION CC 980503 EXPIRES: December 12. 2004 y pf�d' e—dTh.N.gPdAo,.&-. EVA MAE CONELY Notary Public My Commission Expires: 12 / 12 / 04 n_un • �o 0 lo z J50 N. E. 4 TH STREET 50 l2 50 50 Subject ProperFy Staff Report • Rezoning Request Applicant: Applicant Address: Applicant Phone Number: Contact Person Parcel I.D. Future Land Use Map Classification Zoning District Use of Property Access • Applicant: David and Anita Nunez, Jr. Petition No. 05-004-R David and Anita Nunez, Jr. 2085 SE 4t Street Okeechobee, FL 34974 863-467-0611 Anita Nunez 3-15-3 7-35-0010-00010-001 A/11/1 J Single Family Single -Family it iuiu1119 RSF-1 Vacant Single Family 2.26 2.26 St., NE 3r St., NW 7t NE St Ave., & NE 2° St Location: NE 71h Avenue to NE 5th Street, go E to Creek, also NE 6th Street. Legal Description: Commencing at the Southeast corner of fractional Block 83, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida and run Southeasterly, along the Southerly extension of the East line of said Block 83, to the intersection with the centerline of N.E. 6th Street (formerly Twelfth Street), also being the Southwest corner of a parcel of land as described in O.R. Book 405, Page 663, public records of Okeechobee County, Florida, and the POINT OF BEGINNING; thence continue Southeasterly, along said extended line, to the Northeast corner of Lot 1 in Block 84 of said plat of Okeechobee; thence continue Southeasterly, along the East line f said Lot I and the Southerly extension thereof, to the intersection with the centerline of the 20 foot wide alley in said Block 84; thence run East, along the Easterly extension of said centerline, to the Western shoreline of Taylor Creek; thence run Northwesterly, along said Western shoreline, to the intersection with the Easterly extension of the aforesaid centerline of said th N.E. 6Street and the Southeast corner of said land described in O.R. Book 405, Page 663; thence run West, along said extended centerline and also along the South boundary line of said parcel of land, to the POINT OF BEGINNING. The applicants are requesting to change the zoning on the subject property from Holding (H) to Residential Single Family One (RSF-1). Staff Report 0Applicant: David and Anita Nunez, Jr. Rezoning Request Petition No. 05-004-R 3. The proposed use will not have an adverse effect on the public interest. The development of single-family homes on the subject property will not have an adverse effect on the public interest. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The location of the proposed use is compatible with adjacent land uses and will not be detrimental to urbanizing land use patterns. The subject property is designated as Single Family on the Future Land Use Map and is consistent with the existing development to the north, south, and west. 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. No, the proposed use will not adversely affect property values or living conditions of the 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 Because of the proposed use there will be no buffering. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No, the proposed use will not create a density pattern that would overburden public facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The owner is allowed to develop the 2.26 acres at a maximum density of 4 dwelling units per acre. This would allow for a maximum of 9 home sites. This amount of development will not increase traffic congestion. Because of the properties' proximity to Taylor Creek, it is not known whether any drainage or flooding problems will occur because of development or whether the property is part of the Taylor Creek Drainage Basin. The Building Official should evaluate these concerns before a certificate of occupancy is issued. 3 • Staff Report • Rezoning Request Applicant: David and Anita Nunez, Jr. Petition No. 05-004-R 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the only restrictions on this property are those imposed by the Unified Land Development Code and the Comprehensive Plan. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. There will not be a special privilege granted to the owner if the application is approved. Based on the above criteria being met, Staff is recommending approval of the request as it is consistent with the Future Land Use Map. Not applicable to this request. Staff recommends approval of the request to allow rezoning from Holding (H) to Residential Single Family One (RSF-1) permitting the applicant to develop single family home sites. Not withstanding this recommendation, the applicant needs to demonstrate that the Single Family lot zoning is not on a portion of the property that is defined or designated as a portion of the Taylor Creek Drainage Basin. (See Attached Objective 9 and corresponding policies of the Future Land Use Element and Official Zoning Map.) Submitted by: James G. LaRue, AICP Planning Consultant June 21, 2005 0 Wof cr Uo U7 J; d4 8637631686 CITY OF OKEECHOBEE F'Aut 194 City of Okeechobee Date; --) 0 5 Petition No. OFJ. Q General Services ]Department Fee Paid: G 55 S.E. X4 Avenue, Room 101 �"' '°nOnE + Okeechobee, Florida 34974-2903 lat Hearing; u l �)Q end Rearing. 7-1 I c Phone: (863) 763-3372, ext. 218 Publication Dates: Fax: (863)763-1686 Uniform Land Use Application Rezone Special Exception + Variance Te e of'property ownor(s): L A er mailing address: Z o s e of applicants) if other than owner (state relationship): jV licant mailing address: N j H of contact person (state relationship):o `z To ucsct a da hone(s : Fax: zi to ✓ Property address / directions to property: NiE ►1 1 ,� p 5`s�- , > Ate- ,Indicate current use of property; i° Describe improvements on property, including number/typo of dwellings and whether occupied (if none, so state): Approximate number of acres: is property in a platted subdivision? b� P Is there a cent or recent use of the property that ia/was a violation of county ordinance? if so, describe. It O Have there been any land use applications concerning all or part of this property in the Iast ye P nature and applicant's narrto: IV b ar's If so, indicate date E it Is a sale subject to this application being granted? T Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Describe adjoining land uses / improvements to the North: c 5South:, �% East: e I West: Existing zoning: ,1 Future Land Use classification: 5 Actions Requested: ezoaG C_ _) (.-..)Special Exception Variance Parcel Identiticatlon Number: i u O ©(� O c� D Conflrmation of fnforinstion Accuracy I hereby certify that the information in this application is correct. The inforr nation included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be Wtosis0.00and imprisonmentofup to 30 days and may result in the summary denial of the applicatfon. by a fine of up ure 1 f ✓1� 7 -�� )?rented Name Date Uniform Land Use Application (rev. IM3) Page 1 of 2 05-05-2005 20:39 D A SOD 869 467 0610 PACE:4 May 11, 2005 David & Anita Nunez, Jr. 2085 S.E. 4 th. Street Okeechobee, F134974 863-467-0611 Applicant Statement of Interest In Property We are the owners of the property requesting a rezone of the property to Single Family Residential. This property is described in : Petition No. David Nune , Anita Nunez FILE NUM 3979094K 00511 PG 1166 DATE: 09118f2003 04:57:30 pZ 8 Od SHARON ROBERTSON, CLERK. OF CIRCUIT COURT OK,EECHOQEE COUNTY: I DEED DOC 28.00 .is Document Prepared By and Return to: .'ONELY & CONELY, P.A. TOM W. CONELY, III 401 N.W. 6TH STREET P.O. DRAWER 1367 OKEECHOBEE, FL 34973-1367 Parcel lDNumber: 3-15-37-35-0010-00010-001A Grantee #1 TIN: Grantee #2 TIN: Warranty Deed This Indenture, Made this 2 7 th day of June , 2003 A_D. , FRED B . CAGLE Between of the County of , State of Florida DAVID NUNEZ, JR. and ANITA S. NUNEZ, his wife grantor, and whose address is: 2085 S.E. 4th Street, Okeechobee, FL 34974 of the County of Okeechobee state of Florida ' , grantees. Witnesseth that the GRANTOR, for and inconsideration of the sum of ------------------------TEN DOLLARS ($10)- and other good and valuable consideration to GRANTOR in hand - - - - - - - - - - - - - - - - - - - - - DOLLARS, Pad by GRANTEES, the receipt Whereof is hereby aclmoWledgtxi, has granted, bargained and sold to the said GRANTEES and GRANTEES' hens. successors and assigns forever, the foIlowin described 1a si lying and being in the County of Okeechobee.. g �' uwu, State of Florida to wit: See Exhibit °A° attached hereto. THE PROPERTY HEREIN CONVEYED DOES NOT CONSTITUTE THE HOMESTEAD PROPERTY OF GRANTOR. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 2002. and the grantor does hereby filly warrant the title to said land, and will defend the same against lawful clangs of all persons whomsoever. In Witness Whereof, the grantor has hereunto set his hand and seal the day and year first above written. Signed; sealed and delivered our presence: 0401 A CONELY (Seal) Witness FRED B. CAGLE P.O. Address: Post Office Box 1033, Inverness, FL 34451 TO C NE III itnes STATE OF FLORIDA COUNTY OF OICEECHOBEE The foregoing instrument was acknowledged before me this 27th day of June FRED B. CAGLE ,2003 by he is personally (mown i "••., EVA MAE CONELY MY COMMISSION 9 CC 9805M y ;g l„ "'' a flR1 N*u R,1k U�2,•2oGa EVA MAS CONELY Notary Public My Cormmssion Expires: 12 / 12 / 0 4 3 i0 50 m� q 6 - 5 4 3 2aI� 09 !IE) 9 Y1 12 73 AC 0 50 50 N. 6 TH STREET 10 50 50 3153735001 OOOOIOIgIA 50 2 � z �g 6 X 4 -3 X I 21 s� !) o > 2 AC ! CALC. 2 1Li _ 7 e 9 10 e 12 - _ �'"�"' 3 \' 5 31537350OfOWOl 000ff ss (1 50 50 5o f25 . 86 AC !CALC. ) N. E. 5 TH STREET 50 50 50 50 50 1f0 3f 5373500fOWOtppO1J 4� 0 .78 C CALC. ) — 128 6 a s 7 B 9 10 = F-- 11 12 w 7 01.3 . X 8 g 31537 IMMIOOOfF I J� ) 50 50 50 50 50 50 f00 As62 AC N. E. 4 TH STREET 50 50 5373500IO000IOM 50 50 50 6 5_ 4 3 2 1 6 4 y2 Q o o p � w J\ U 12 B 9 f0 11 12 7 8 9 10 ii 12 .89 AC o ! CALL ) = so so 50 50 - - p ` N. E. 3 A STREET 50 ` a 50 50 50 50 31 73500 MI 17 u9 a. �. - 50 72.6 1 w Q .aa..,, mu�r' w 6 4 3 � 1 w •a�.e.. �..a.. 5 4 3 2. 1 , ! iK) 9q 0 0 > Q 48 AC a _ _ _ o = ! CALC. ) c.o »..,.,.�. .tea®.. w 7 8 9 f 0 f i 12 ,_,_i 6 7 8 9 O 2 w�Z 5Ltbjec+ property 23 s�^^ —9B. 24 25 N. Staff Report • Rezoning Request Address Applicant Phone Number: Contact Person Parcel I.D. Future Land Use Map Classification Zoning District - Use of Pronertv Access • Applicant: David and Anita Nunez, Jr. Petition No. 05-004-R David and Anita Nunez, Jr. 2085 SE 4t Street Okeechobee, FL 34974 863-467-0611 Anita Nunez 3-15-3 7-3 5-0010-00010-001 A/11/11 Single Family Single -Family RSF-1 Vacant Single Family 2.26 2.26 NE 5t St., NE 3` St., NW 7 Ave., & NE 2° St Location: NE 7`h Avenue to NE 5`h Street, go E to Creek, also NE 6`h Street. Legal Description: Commencing at the Southeast corner of fractional Block 83, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida and run Southeasterly, along the Southerly extension of the East line of said Block 83, to the intersection with the centerline of N.E. 6"' Street (formerly Twelfth Street), also being the Southwest corner of a parcel of land as described in O.R. Book 405, Page 663, public records of Okeechobee County, Florida, and the POINT OF BEGINNING; thence continue Southeasterly, along said extended line, to the Northeast corner of Lot 1 in Block 84 of said plat of Okeechobee; thence continue Southeasterly, along the East line f said Lot 1 and the Southerly extension thereof, to the intersection with the centerline of the 20 foot wide alley in said Block 84; thence run East, along the Easterly extension of said centerline, to the Western shoreline of Taylor Creek; thence run Northwesterly, along said Western shoreline, to the intersection with the Easterly extension of the aforesaid centerline of said N.E. 6t" Street and the Southeast corner of said land described in O.R. Book 405, Page 663; thence run West, along said extended centerline and also along the South boundary line of said parcel of land, to the POINT OF BEGINNING. The applicants are requesting to change the zoning on the subject property from Holding (H) to Residential Single Family One (RSF-1). Staff Report • Rezoning Request Applicant: David and Anita Nunez, Jr. Petition No. 05-004-R 3. The proposed use will not have an adverse effect on the public interest. The development of single-family homes on the subject property will not have an adverse effect on the public interest. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The location of the proposed use is compatible with adjacent land uses and will not be detrimental to urbanizing land use patterns. The subject property is designated as Single Family on the Future Land Use Map and is consistent with the existing development to the north, south, and west. 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. No, the proposed use will not adversely affect property values or living conditions of the 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 Because of the proposed use there will be no buffering. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No, the proposed use will not create a density pattern that would overburden public facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The owner is allowed to develop the 2.26 acres at a maximum density of 4 dwelling units per acre. This would allow for a maximum of 9 home sites. This amount of development will not increase traffic congestion. Because of the properties, proximity to Taylor Creek, it is not known whether any drainage or flooding problems will occur because of development or whether the property is part of the Taylor Creek Drainage Basin. The Building Official should evaluate these concerns before a certificate of occupancy is issued. 3 IV. NEW BUSINESS. A. Rezoning Petition No. 05-004-R, continued. • E June 28, 2005 - Planning Board - Page 3 of 5 Planning Staff Report Summary and Conclusion prior to Certification: Based on the above criteria being met, Staff is recommending approval of the request as it is consistent with the Future Land Use Map. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from Holding (H) to Residential Single Family One (RSF-1) permitting the applicant to develop single family home sites. Not withstanding this recommendation, the applicant needs to demonstrate that the Single Family lot zoning is not on a portion of the property that is defined or designated as a portion of the Taylor Creek Drainage Basin. (See Attached Objective 9 and corresponding policies of the Future Land Use Element and Official Zoning Map.) Tom Murphy, representative of the applicants, explained that there were no sewer lines in the area; however, water lines were available. Mr. Murphy explained that there will be one house on each lot, even though more are permitted. Mr. Murphy stated that he is trying to obtain information from both the Department of Environmental Protection and the Army Corps of Engineers related to the Taylor Creek Drainage Basin, however he is having a very difficult time doing so. There was no public comment, nor any discussion from the Board. Board Member Burroughs motioned to recommend to City Council to approve Rezoning Petition 05-004-R, changing the zoning from Holding (H) to Residential Single Family - One (RSF-1) based on the recommendation by the City Planning Consultant, with the stipulation that the applicant must demonstrate that the Single Family lot zoning is not on a portion of the property that is defined or designated as a portion of the Taylor Creek Drainage Basin; seconded by Board Member Hoover. VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA WHIDDEN - YEA MOTION CARRIED. June 28, 2005 - Planning Board - Page 2 of 5 IV. NEW BUSINESS. A. Rezoning Petition No. 05-004-R. Consider a recommendation to the City Council to rezone lots 1 A, 11, and 1 J lying between the plat of Okeechobee and the Western shoreline of Taylor Creek in Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida from Holding (H) to Residential Single Family - One (RSF-1). The application was submitted by Tom Murphy on behalf of the property owners David and Anita Nunez - City Planning Consultant. Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: The subject property has been designated Holding on the City's Official Zoning Map. The Single Family Future Land Use designation provides guidance into what is considered appropriate development for the property. The request is consistent with the Single Family Future Land Use category. The proposed use is compatible with the current existing uses of the surrounding properties. • Planning Staff Report Analysis: When recommending whether to rezone a classification of land, the factors that the City shall consider include, where applicable, whether or not: (A) The Single Family Future Land Use designation allows for a maximum density of 4 units per acre. This request is consistent with the purpose and intent of Comprehensive Plan, specifically the Future Land Use Element. (B) The proposed use is for single family dwelling which is specifically allowed under the RSF-1 Zoning District. (C) The development of single-family homes on the subject property will not have an adverse effect on the public interest. (D) The location of the proposed use is compatible with adjacent land uses and will not be detrimental to urbanizing land use patterns. The subject property is designated as Single Family on the Future Land Use Map and is consistent with the existing development to the north, south, and west. (E) The proposed use will not adversely affect property values or living conditions of the adjacent property. (F) The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood (G) Because of the proposed use there will be no buffering. • (I) The proposed use will not create a density pattern that would overburden public facilities. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety.The owner is allowed to develop the 2.26 acres at a maximum density of 4 dwelling units per acre. This would allow for a maximum of 9 home sites. This amount of development will not increase traffic congestion. Because of the properties' proximity to Taylor Creek, it is not known whether any drainage or flooding problems will occur because of development or whether the property is part of the Taylor Creek Drainage Basin. The Building Official should evaluate these concerns before a certificate of occupancy is issued. (I) The only restrictions on this property are those imposed by the Unified Land Development Code and the Comprehensive Plan. (J) There will not be a special privilege granted to the owner if the application is approved. June 28, 2005 - Planning Board - Page 4 of 5 IV. NEW BUSINESS. B. Rezoning Petition No. 05-005-R. Consider a recommendation to the City Council, to rezone Lot 10 of Block 18, City of Okeechobee, Plat Book 5, Page 5, Public Records, Okeechobee County, Florida from Heavy Commercial (CHV) to Residential Multiple Family (RMF). The application was submitted by Bradley G. Goodbread on behalf of the property owner George A. Goodbread - City Planning Consultant. L1 Ll Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: The subject property has been designated Heavy Commercial on the City's Official Zoning Map. The proposed use is compatible with the current existing uses of the surrounding properties. Planning Staff Report Analysis: When recommending whether to rezone a classification of land, the factors that the City shall consider include, where applicable, whether or not: (A) Multi -Family use and Residential Multi -Family Zoning is consistent with the Comprehensive Plan polices and the Future Land Use Map designation for this property. (B) Multi -family development is authorized under the RMF Zoning District. (C) Apartments or other types of multi -family dwellings will not have an adverse effect on the public interest. (D) Multi -family use and zoning' are appropriate for this location. (E) The proposed use and zoning will not be a deterrent to the improvement or development of adjacent properties. (F) If necessary, site plan requirements can help to reduce any impacts upon the neighborhood. (G) Concurrency impacts will be minimal for this type of zoning. (H) The proposed use will not create traffic congestion, flooding, or drainage problems. (1) The only restrictions on this property are those imposed by the Unified Land Development Code and the Comprehensive Plan. (J) There will not be a special privilege granted to the owner if the application is approved. Planning Staff Report Summary and Conclusion prior to Certification: Based on the above criteria being met, Staff is recommending approval of the request as it is consistent with the Future Land Use Map. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from Heavy Commercial (CHV) to Residential Multiple Family (RMF) permitting the applicant to develop multi -family dwellings. There was no public comment, nor any discussion from the Board. Board Member Hoover motioned to recommend to City Council to approve Rezoning Petition 05- 005-R, changing the zoning from Heavy Commercial (CHV) to Residential Multiple Family (RMF) based on the recommendation by the City Planning Consultant; seconded by Board Member Whidden. IV. NEW BUSINESS. A. Rezoning Petition No. 05-005-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 purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. ATTEST: Katrina Cook, Secretary William Ledferd, Chairperson June 28, 2005 - VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA WHIDDEN - YEA MOTION CARRIED. ing Board - Page 5 of 5 There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:26 p.m. • EXHIBIT 6 JULY 5, 2005 ORDINANCE NO. 901 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HEAVY COMMERCIAL (CHV) ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. Whereas, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.491 acre(s) from Heavy Commercial (CHV) Zoning District to Residential Multiple Family (RMF) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Office for the City; that: Section 1. Legal Description The following described land, located in the City of Okeechobee, to -wit: LOTS 8, 9 AND 10, BLOCK 18, OKEECHOBEE, AS RECORDED THEREOF IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Section 2. Zoning Map Amendment That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Heavy Commercial (CHV) Zoning District to Residential Multiple Family (RMF) Zoning District. Section 3. Conflict All ordinances or parts of ordinances in conflict herewith are hereby repealed. Page 1 of 2 Section 4. Severability If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Section 5. Effective Date This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this r day of July, 2005. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 19" day of "ulx, 2005. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor City of Okeechobee Datet ` a� 0 S Petition No. General Services Department 05-p0 5 " 55 S'.E. 3rd Avenue, ROOM lUl FeePa,d. QQ Jurisdiction: + �� Okeechobee, Florida 3497�-2903 tsc Hearing. a,g 105 2nd xearing: t -� I Phone: (863) 763-3372, ext. 218 Publication Dates: Fax: (863) 763-1.686 - Notices Mailed Uniform- Land Use Application FNaRezone - Special Exception - Variance property owner(s): Z&05la-- �rGtrD612�i+taDailing address: /p�i�j� ��' y OWOC*Saig; � 3gd?1Z•applicants) if other than owner (state relationship)mailing address: 1�7ontact person (state relationship):erson daytime hone(s): ✓ Property address / directions to property: lef htets4'eF Indicate current use of property: *C400 - Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): Approximate number of acres:D, 144 Alt -Is property in a platted subdivision? /k ------------- P Is there a current or recent use of the property that is/was a violation- of county ordinance? If so,; describe: R O Have there been any land use applications concerning all or part of this rope P nature and applicant's name: a Prty in the last year? If so, indicate date, E R Is a sale subject to this application being granted? A3 T O y Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: t3t)' OWw3 lard L4" C)aT dvs .. AA"&"-WD M44-27 Fl1M Describe adjoining land uses / improvements to the North: U South: St East:.&%q v AC.AlJT West: Existing zoning: C W-.v Future Land Use classification: Actions Requested: l��Rezone (_) Special Exception Variance � Parcel Identification Number: '.� �1$ 3 �) " 3S ooi0 pp 6g13 "O�'3gc5 Confirmation of Information Accuracy I hereby c ,5 that the . ormation in this application is correct. The information included in this applicationthe Ci ee ob i cessing my request. False or misleading information may be punishable b S.5 .0 d riso a up to 3 days and may result in the summary denial of this application. yatur�oS Panted Name Date Uniform Land Use Application (rev. 1/03) Pate 1 of 2 • 1375 Jack& Street, Suite 206 Fort Myerslorida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 • Email: larue-nIgnninainla++ „o+ Staff Report Rezoning Request Prepared fog•: The City of Okeechobee Applicant.• Bradey G Good -bread Owner.- George A. Good -bread From: CHV To: RMF Petition No. 05-005 R Staff Report • Rezoning Request Appliont: Bradley G. Goodbread Petition No. 05-005-R Zoning District: RMF Existing Land Use: Vacant South: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Vacant and Single -Family West: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Commercial The subject property has been designated Heavy Commercial on the City's Official Zoning Map. The proposed use is compatible with the current existing uses of the surrounding properties. When recommending whether to rezone a classification of land, the factors that the City shall consider include, where applicable, whether or not: 1. The proposed use is not contrary to Comprehensive Plan requirements. Multi -Family use and Residential Multi -Family Zoning is consistent with the Comprehensive Plan polices and the Future Land Use Map designation for this property. I The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Multi -family development is authorized under the RMF Zoning District. 3. The proposed use will not have an adverse effect on the public interest. Apartments or other types of multi -family dwellings will not have an adverse effect on the public interest. 2 r� • I, George Goodbread hereby grant consent to my son, Bradley G. Goodbread to act on my behalf in the matter of rezoning of the property Block 18, Lot 10, City of Okeechobee. eorge A. Goodbread pUy, ?�Y p�w' Commis on IDD359518 oq-Expires: DEC. 09, 2008 Bonded Thru ,�'''pn�+d•; Atlantic Bonding Co., Inc. -?j11!!11q7E r,.-, ,j i 44 f 4 1 j d I J u M • 838 Pole" JUN 21 105 15:40 CA3e APpu 11 ciw FRom: To- . i iII , tt city usal i000 Soo 250 0 10 -1 GRAPHIC SCALE CITY 11311 74= 21 J- L 7' to 1131 31 131 e4 1cw p I COUT if K L to Ow 1,77 JIM J f,77 L 71): It ;j I 'fill Q! 9 q).. L-LLL:LJ L J E j w i FZIJ It . OnIq . r- -74 'a 17 3 1 ti'l faill —544 '2, I El 1 S6 T1 T I . . . . . . I to,', I Fla 9 ta,..It.4 ire 4 :i�. a 79CII2, D SearchKesults 0 rdgv 1 vi c • Okeechobee County Property Appraiser Last Updated: 4/7/2005 2005 Proposed Values % Parcel ID: 3-15-37-35-0010-00180-0080 Property card GIS Map Print Owner & Property Info Property & Assessment Values Mkt Land Value cnt: (1) $9,750.00 Ag Land Value cnt: (o) $0.00 Building Value cnt: (1) $30,036.00 XFOB Value cnt: (2) $1,730.00 Total Appraised Value $41,516.00 Sales History Search Result 1 of 1 ' << Prev 1 Of 0 Next >> Sale Date Book/Page Inst. Type Sale Vlmp Sale Qual 3/1/2004 524/1675 WD I U 9/1/1992 338/635 WD I Q Building Characteristics Bldg Item Bldg Desc 1 1 SINGLE FAM (000100) Extra Features & Out Buildinas Year Bit Heated S.F. 1962 962 Sale RCode Sale Price 03 $75,000.00 $19,000.00 Actual S.F. Bldg Value 1082 $30,036.00 Code CONC A Desc <5000 SLAB Year Bit 1996 I Value $66.00 I Units 100.000 Dims Condition (% Good) O x O x 0 PD (50.00) FENC 2 5'C/LINK 1996 $1,664.00 Land RrAa4rin%w.n 463.000 O x O x 0 PD (85.00) Lnd Code Desc Units Adjustments 000100 SFR (MKT) 142.500 FF - (.488AC) 1.00/1.00/.85/1.00 Okeechobee County Property Appraiser Search Result: 1 of 1 IL hnp://www.okemhobeepa.com/GIS/D—SearchResults.asp Eff Rate Lnd Value $68.42 $9.750.00 Last Updated: 4/7/2005 5/9/2005 Staff Report • • Applicant: Bradley G. Goodbread Rezoning Request Petition No. 05-005-R Landscape Regulations Not applicable to this request. Recommendation Staff recommends approval of the request to allow rezoning from Heavy Commercial (CHV) to Residential Multiple Family (RMF) permitting the applicant to develop multi -family dwellings. Submitted by: James G. LaRue, AICP Planning Consultant June 21, 2005 EI Statement of Interest in the Property: I, George Goodbread am the sole owner of the subject property legally described as Block 18, Lot 10, the City of Okeechobee. Statement of Special Reasons and Basis for the Request: I presently own 16 lots which are contiguous to the subject property and which all are zoned MY — Multi Family. I plan on building a Multi Family Development on these 16 lots and would like to include this lot in the project. Intended Use. nature of activities and development of the property: I plan on building an apartment complex on the subject property consisting of 1, 2 and 3 bedroom apartments. Existing Use of Surrounding Properties: North: Vacant Land South: Vacant Land & Single Family Residences East: Commercial businesses along US 441 (North Parrott Ave) West: Vacant Land Staff Report Applicant: Bradley G. Goodbread Rezoning Request Petition No. 05-005-R 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Multi -family use and zoning are appropriate for this location. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed use and zoning will not be a deterrent to the improvement or development of adjacent properties. 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 If necessary, site plan requirements can help to reduce any impacts upon the neighborhood. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Concurrency impacts will be minimal for this type of zoning. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed use will not create traffic congestion, flooding, or drainage problems. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the only restrictions on this property are those imposed by the Unified Land Development Code and the Comprehensive Plan. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. There will not be a special privilege granted to the owner if the application is approved Based on the above criteria being met, Staff is recommending approval of the request as it is consistent with the Future Land Use Map- 3 u E Staff Report Rezoning Request General Information Applicant: Bradley G. Goodbread Petition No. 05-005-R �ppiicant: Bradley G. Goodbread Ap licant Address: 12575 Highway 70 East Okeechobee, FL 34972 A licant Phone Number: 863-634-2121 Contact Person Bradley Goodbread Owner: George A. Goodbread Owner Address: 12575 Highway 70 East Okeechobee, FL 34972 Parcel I.D. Existing — Proposed 3-15-37-35-0010-00180-0080 Future Land Use Map Commercial Multi -Family Classification Zoning District CHV & RMF RMF Use of Property Single -Family and Vacant Multi -Family Development Acreage 0.491 0.491 Access NE 12th Street Location: Lot West of 110 NE 12th Street (Block 18, Lot 10). Legal Description: LOTS! 8,9 AND 10, BLOCK 18, OKEECHOBEE, AS RECORDED THEREOF IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. The applicant presently owns 1611ots which are contiguous to the subject property and are all zoned PM. The applicant requests that Lot 10 be rezoned to RMF. This request would allow the applicant to continue development of the entire property. In addition to this request the applicant is also applying for a Small Scale Amendment from Commercial to Multi -Family. North: Future Land Use Ma Classification: Commercial Zoning District: Holding Existing Land Use: Vacant East: I Future Land Use Map Classification: Multi-Famuv Current zoning classification: C Requested zoning classification: R What is your desired permitted use under the proposed classification: E d -K 's Z:CpT O N If granted, will the new zone be contiguous with a like zone? E Is a Special Exception necessary for your intended use? _ r� - Variance? , /a rl11 Describe the Special Exception sought: S. P E. C L Provide specific LDR ordinance citation: A L Are there other similar uses in the area? Is so, describe: E. X C E Why would granting your request be in the best interest of the area and residents? P, T I ,O. If business, briefly describe nature including number of employees, hours, noise generation and activities to be N conducted outside of a building: Describe Variance sought: V A R I Describe physical characteristic of property that makes variance necessary: A N. C Did you cause or contribute to the characteristic? Is so, describe: E What is the minimum variance necessary? Pave 2 of 2 BOUNDARY SURVEY PREPARED FOR GEORGE GOODBREAD N. E. 12 TH A VENLIE _r ENO OF ASPHAL T (ASPHAL T ROAD) 70' R/W �.,..r 11 A tee.. A. r O FOUND 5/8"/RON RD9 `& CAP (ILLEGIBLE) TELEPHONE PEDESTAL Ail N LINE OF BLOCK 1 N 894938" E ' SET 5/8" IRON R00 & CAP KAS LS 4820" N 89 49 38' E 15.00' ENO OF FENCE LOT 11 57' SOUTH BLOCK 18 —15.0' 4 1 ^ 0j LOT 12 ^ ^ &Day 18 R O a O Z �e w m LOT 13 Lu BLOCK 18 m ;off � P UTILITY POLE LOT 14 BLOCK 18 TOTAL PARCEL CONTAINS 0.491 ACRES — — — — — 74.6' — ---' CONCRETE WATER METER FOUND BROKEN 4 1'4" CONCRETE MONUMENT (NU LD.) C L IERT CUL b£RT '45'(C) I 142.5(P) I I SEPTIC TANK N I h � n m I� I I I �- Gv]OG34G�] COVERED f0. 4' 17. 9' KV0O PORCH o b m � — — 27.4'N 40.4' I STORY o v� RESIDENCE �' ^ LOT 7 N BLOCK JB 2...0' — 27.2' — 17.4' m N 0 15 30 — — — — — — — — I...1. .I I„I...I.,.I....I...I 751' S£P77C TANK O SCALE IN FEET O MAP SCALE: 1 INCH = 30 FEET LOT 10 LOT 9 LOT 8 � BLOCK 18 BL OCK 18 BL OCK 18 n h I I SJ I FOUND 5/8-IRON ROD FOUND 5/8" IRON ROD & CAP DEHA YS 5178" & CAP DEHAYS 5178' 0.3' WEST ri�r -- oHW S 89 58 35" W 142. 56'(C) 142. 5'(P) FENCE L N£ O. 4' EAST o FOUND 5/8" IRON ROD UTILITY 1$' ALLEY vi �& CAP HOOVER 6329' POLE X LOT 17 71% LOT 19 LOT 20 BLOCK 18 BLOCK 18 DESCRIP TION.' LOTS 8, 9 AND 10, OKEECHOBEE, AS RECORDED THEREOF IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PROJECT SPECIFIC NOTES.' 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLA T(P) AND MEASURED(M). 2) S/ TE ADDRESS. • 110 N.E. 12 TH STREET. 3) PARCEL ID: 3-15-37-35- 0010-00180- 0080. 4) F. I. R. M. ZONE.' ZONE UNDETERMINED, PARCEL LIES WI THIN THE OKEECHOBEE CITY LIMITS 5) THIS SURVEY /S NOT INTENDED TO DEPICT ✓URISDIC77ONAL AREAS OR OTHER AREAS OF LOCAL CONCERN, 7) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PAR TES /S PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PAR TIES. 8) DA TE OF LAST FIELD SURVEY- 04128105. SOUTH LINE OF BLOCK 18 N R/W OF N £ 11 TH A VE FOUND 5/8"IRON ROO & CAP '1221 " STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted. No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are no visible above ground encroachments except as shown. No attempt was made to locate underground improvements and/or encroachments (if any) as part of this survey. This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17-6, F.A.C.) pursuant to Section 472.027, Florida Statutes. PREPARED FOR THE EXCLUSIVE USE OF: DESCRIPTION DWG. DATE BY CK GEORGE A. GOODBREAD BOUNDARY SURVEY 05/04/05 WC KAB DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE FB/PG: 147/27-29 SCALE: 1" = 30' BEARING REFERENCE: THE EAST LINE OF LOTS 11-16 IS TAKEN TO BEAR N 00'00'57" E FILE: 19330 JOB NO: 19330 LEGEND (0—Set Iron Rod and Cap TWPS 6719 ■—Found CM •—Found Iron Rod (and Cap) O —Found Pipe (and Cap) ABBREVIATIONS k=Baseline; BM=Benchmark; CL=Centerline; C=Calculated; CATV=Cable TV; CM= Concrete Monument; CONC=Concrete; D=Deed; A=Delta or Central Angle; E=East; E'LY=Easterly; E/P=Edge of Pavement; ESMT=Eosement; F.I.R.M.=Flood Insurance Rate Map; FND=Found; IP=Iron Pipe; IR&(C)=Iron Rod (and ID Cop); L=(Arc) Length; M=Measured; MH=Manhole; N=North; N'LY=Northerly. NGV(D)=National Geodetic Vertical (Datum) of 1929: NTS=Not to Scale; OHW=Overhead Wires; f =Property Line; P=Plot; PC=Point of Curvature; PCC=Point of Compound Curvature; PCP= Permanent Control Point; POB=Point of Beginning; POC=Point of Commencement; PRC=Point of Reverse Curvature; PRM=Permanent Reference Monument; PT=Point of Tangency PU&D=Public Utilitiy and Drainage; R=Radius; R/W=Right—of—Way, S=South; S LY=Southerly, T=Tangent; TEL=Telephone Splice or Switch Box; W=West; W'LY=Westerly; UTIL=Utility(ies); _06=Spot Elevation based on Indicated Datum.