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2005-07-19 Regular Meeting298 �QFx ±" m moo. tr1915 � I. CALL TO ORDER - Mayor: July 19, 2005 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation by Pastor Larry Kilgore, Church of God; 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 DULY 199 2005 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION A. Proclaim the week of September 1 - 11, 2005 as "Okeechobee Fire Fighter Appreciation Week." PAGE 1 OF 15 Mayor Kirk called the July 19, 2005 Regular City Council Meeting to order at 6:00 p.m. In the absence of Pastor Kilgore, the Invocation was offered by Council Member Watford; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Absent Present Absent Present Present Absent Mayor Kirk proclaimed September 1 through 11, 2005 as "Okeechobee Fire Fighters Appreciation Week"and react the following proclamation into the record: "Whereas, fighting fires is one of the most hazardous professions, requiring physical strength, stamina, extensive training, courage, and self -concern for the welfare of our citizens, and Whereas, in addition to their daily service to communities Fire Fighters throughout the state and across the nation have joined the Muscular Dystrophy Association for the past fifty years in the fight against neuromuscular diseases; and Whereas, Florida Fire Fighters collected a record -breaking $1,201,575 in over 1 1 DULY 19, 2005 - REGULAR MEETING - PAGE 2 OF 15 299 IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. A. Proclaim the week of September 1 - 11, 2005 as "Okeechobee Fire 300 communities with their2004 "Fill the Boot" campaign for MDA, again making them MDA's largest source Fighter Appreciation Week" continued. of funding; and Whereas, the Muscular Dystrophy Association is extremely grateful to the Okeechobee Fire Fighters for their support and dedication; and Whereas, the funds collected by the Okeechobee Fire Fighters assists MDA in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families; and Whereas, in honor of the efforts of the Okeechobee Fire Fighters, the Muscular DystrophyAssociation is sponsoring Okeechobee Fire Fighters Appreciation Week; and Whereas, it is appropriate for all City of Okeechobee citizens to join the Muscular Dystrophy Association in this tribute to our Fire Fighters. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim September 1 through September 11, 2005as "Okeechobee Fire FighterAppreciation Week"and commend Okeechobee Fire Fighters for their efforts on behalf of the Muscular Dystrophy Association."The proclamation was presented to Sandra Ingram, Karl Holtkamp, Ricky Jones, Jim Fusco and Adam Crum. Mayor Kirk added, on behalf of the City, we appreciate all you firefighters do in this direction. Mayor Kirk then stated with no objection, he had been asked to move the request for the boot drive to this part of the meeting. There were no objections stated. Council Member Watford moved to approve the fund-raising boot drive for the Muscular Dystrophy Association (MDA) at the main intersection on August 26 through 28 2005 with the same stipulations as last year, that there are only adults collecting the money, and any other stipulations that Chief Davis may have regarding safety and traffic concerns; seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER - YEA MARKHAM-YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. 300 JULY 19, 2005 - REGULAR MEETING - PAGE 3 OF 15 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the July 5, 2005 Regular Meeting. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the June 2005 Warrant Register: General Fund ............................. Public Facility Improvement Fund .............. Industrial Development Fund ................. Capital Project Vehicles Fund ................ VII. AGENDA - Mayor. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the July 5, 2005 Regular Meeting; seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve the June 2005 Warrant Register in the amounts: General Fund, four hundred thirty-eight thousand, nine hundred fifty-nine dollars and twenty-two cents ($438,959.22); Public Facility $438,959.22 Improvement Fund, twenty-nine thousand, eight hundred fifty-nine dollars and forty cents ($29,859.40); Industrial $ 29,859.40 Development Fund, twenty-eight thousand, seven hundred ninety-two dollars and twenty-four cents ($28,792.24); $ 28,792.24 Capital Improvements Project Fund - Vehicles, eighteen thousand dollars ($18,000.00); seconded by Council Member $ 18,000.00 Markham. There was a brief discussion on this item. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? agenda. III There were none. r L 1 JULY 19, 2005 - REGULAR MEETING - PAGE 4 OF 15 301 VIII. OPEN THE SECOND PUBLIC HEARING FOR CDBG PROGRAM - Mayor. MAYOR KIRK OPENED THE SECOND PUBLIC HEARING FOR CDBG PROGRAM AT 6:15 P.M. A.1. a) Discuss the CDBG Program for the Fiscal Year 2005 Funding Cycle The First Public Hearing was held on August 17, 2004. The purpose of the hearing is to advise the citizens of the City - Nancy Phillips, Grant Administrator (Exhibit 1). of Okeechobee that the City is considering applying for seven hundred thousand dollars ($700,000.00) in CDBG Economic Development funds. Ms. Phillips of Nancy Phillips and Associations, City Grant Consultant, distributed a revised summary of the economic grant application that the City is considering. The original advertisement was for seven hundred thousand dollars ($700,000.00) based on information and requests made by two businesses. As of yesterday evening, one of the businesses has withdrawn from the application. This has caused for a revision of the application, which will now be for six hundred thousand dollars based on the creation of 18 jobs. The revision to the grant application reflects as follows: Activities Proposed Dollar Amounts Percentage Benefit to Low and Moderate Income Persons (LMI) Water Facilities $ 16,950.00 18 Full -Time Jobs, 10 LMI - 55% Sewer Facilities $132,900.00 18 Full -Time Jobs, 10 LMI - 55% Street Improvements $330,672.00 18 Full -Time Jobs, 10 LMI - 55% Engineering $ 71,478.00 N/A Administration 48 000.00 N/A TOTAL $600,000.00 Council Member Watford made a motion to amend the Communitv Development Block Grant Application budget from $700.000.00 to (the) amended amounts (outlined above) that total $600.000.00. seconded by Council Member Williams. There was a brief discussion as to which company was no longer participating. Treasure Coast Recycling, owner James Slattery. Mayor Kirk authorized Administrator Whitehall to follow up with any correspondences needed to document that Mr. Slattery understands that the offer to purchase property at the Commerce Center is no longer on the table. (Note for clarification, at the May 2, 2005 Meeting, the Council made an offer to Treasure Coast Recycling to purchase Lot 19, City Commerce Center, with the stipulation that the sell be tied to the participation and receiving of the CDBG grant funds for infrastructure). VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. 302 JULY 19, 2005 - REGULAR MEETING - PAGE 5 OF 15 Vill. SECOND PUBLIC HEARING FOR CDBG PROGRAM CONTINUED. A.1. b) Discussion and Public Comments for the CDBG Program continued. Mayor Kirk asked whether there were any comments or questions from the public, there were none. Ms. Phillips then requested that the City consider adopting a proposed resolution which authorizes Mayor Kirk to sign the grant application and that the City Administrator is authorized to act in connection with the application and to provide such 11 additional information as may be required by DCA for the application and throughout the entire grant process. CLOSE THE CDBG PUBLIC HEARING - Mayor. IX. OPEN THE PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. Council Member Watford moved to adopt proposed Resolution No. 05-08; seconded by Council Member Markham. Clerk Gamiotea read proposed Resolution No. 05-08 by title only as follows: "A RESOLUTION AUTHORIZING THE FILING OF THE CITY OF OKEECHOBEE'S FISCAL YEAR 2005 FLORIDA SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT APPLICATION WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, AND DESIGNATION OF SIGNATURE AUTHORITY." Mayor Kirk asked whether there were any questions or comments from the public. There were none. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE CDBG PUBLIC HEARING AT 6:28 P.M. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:28 P.M. A.1. a) Motion to rescind action taken at the July 5, 2005 meeting to adopt Council Member Watford moved to rescind action taken at the July 5, 2005 meeting to adopt proposed Ordinance No. proposed Ordinance No. 899 - City Clerk (Exhibit 2). 111 899; seconded by Council Member Chandler JULY 19, 2005 - REGULAR MEETING - PAGE 6 OF 15 303 IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A.1. a) Motion to rescind action taken at the July 5, 2005 meeting to adopt VOTE proposed Ordinance No. 899 continued. KIRK -YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA 11 MOTION CARRIED. 2. a) Motion to read by title only, proposed Ordinance No. 899 regarding Council Member Chandler moved to read by title only, proposed Ordinance No. 899 regarding Future Land Use Map Future Land Use Map Amendment No. 05-008-SSA, submitted by Amendment No. 05-008-SSA, submitted by Brad Goodbread; seconded by Council Member Watford. Brad Goodbread - City Planning Consultant. 11 b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 899 by title only. Mayor Kirk read proposed Ordinance No. 899 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITYOFOKEECHOBEE COMPREHENSIVEPLAN, ORD►NANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM COMMERCIAL (C) TO MULTI -FAMILY (MF); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt Ordinance No. 899. Council Member Markham moved to adopt Ordinance No. 899; seconded by Council Member Williams. b) Public comments and discussion. This ordinance was considered at the July 5, 2005 meeting. However, it was discovered that the public hearing was not properly advertised. Therefore, the action needs to be rescinded and the ordinance reconsidered. 304 JULY 19, 2005 - REGULAR MEETING - PAGE 7 OF 15 IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 3. b) Public comments and discussion continued. This ordinance pertains to Comprehensive Plan Small Scale Map Amendment Application No. 05-008-SSA submitted by Brad Goodbread on behalf of the property owner, George Goodbread. The request is to change Lots 8 to 10 of Block 18, City of Okeechobee from Future Land Use designation Commercial to Multi -Family. The property is located at 110 Northeast 12th Street and is approximately 0.491 acres. There is a rezoning following this application for Lot 10 only, as the other two are already zoned multiply family. The changes would make both the Future Land Use and Zoning Maps consistent. The Land Planning Agency discussed the request at the June 28, 2005 meeting, found the request to be consistent with the Comprehensive Pan and voted unanimously to recommend approval. Planning Staff is also recommending approval. Clerk Gamiotea reported by memorandum included in Exhibit Two that all fees have been paid, the ordinance was advertised in the Okeechobee News on July 8. Due to this application being a small scale (less than ten acres) request, it is not necessary to mail notices to surrounding property owners, nor was a sign posted on the property. c) Vote on motion. III Mayor Kirk asked whether there were any questions or comments from the public. There were none. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. B.1. a) Motion to read by title only, proposed Ordinance No. 898, amending Council Member Watford moved to read by title only, proposed Ordinance No. 898, amending height regulations in height regulations in the Industrial Zoning Category - City Attorney the Industrial Zoning Category; seconded by Council Member Chandler (Exhibit 3). VOTE b) Vote on motion to read by title only. KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. 1 JULY 19, 2005 - REGULAR MEETING - PAGE 8 OF 15 305 1 1 IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.1. c) Attorney Cook to read proposed Ordinance No. 898 by title only. 111 Mayor Kirk 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; PROVIDING FOR CONFLICTS, SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 898. III Council Member Chandler moved to adopt proposed Ordinance No. 898; seconded by Council Member Markham. b) Public comments. Mayor Kirk asked whether there were any questions or comments from the public. There were none. The Council briefly discussed the matter, noting that this amendment stems from related items in the City's Commerce Center. The Land Planning Agency is recommending approval. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. C.1. a) Motion to read by title only, proposed Ordinance No. 900 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 900 regarding Rezoning Petition No. Rezoning Petition No. 05-004-R, submitted by David and Anita 05-004-R, submitted by David and Anita Nunez; seconded by Council Member Williams. Nunez - City Planning Consultant (Exhibit 4). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. 306 JURY 19, 2005 - REGULAR MEETING - PAGE 9 OF 15 IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C.1. c) City Attorney to read proposed Ordinance No. 900 by title only. Mayor Kirk 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 THEZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 900. III Council Member Markham moved to adopt proposed Ordinance No. 900; seconded by Council Member Williams. Mayor Kirk asked whether there were any questions or comments from the public. There were none. b) Public Comments. This ordinance pertains to Rezoning Application No. 05-004-R requesting to change parcels 1,1 A and 1 J of the Taylor Creek Water Shed Plat from Holding to Residential Single Family -One. The property is located along the West bank of Taylor Creek and East of Northeast 61' Street, Block 84, Northeast 5' Street and Block 115. The application was submitted by the property owners, David and Anita Nunez. The property is already designated single family on the Future Land Use Map. The change would make both maps consist. The Planning Board considered the request at the June 28 meeting and voted unanimously to recommend approval. The Planning Staff is also recommending approval based on the following criteria: 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 dwellings 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. fl JULY 19, 2005 -REGULAR MEETING -PAGE 10 OF 15 307 IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 2. b) Public Comments continued. (H continued) 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 c) Vote on motion. 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. Clerk Gamiotea reported by memorandum included in Exhibit Four that all fee's have been paid, the ordinance was advertised in the Okeechobee News on July 8. Thirty-one courtesy notices were mailed to surrounding property owners with no response to date. The property was posted with a sign listed both hearing dates and times. At the first reading a request was made regarding research on Riverside Drive. The findings of the research was that no documentation could be found that dedicated this area to be "riverside drive" as a platted dedicated street. According to records obtained from the property appraisers office, taxes have been paid on it since 1960 when is was platted as individual parcels of land in Plat Book 3, Pages 26 and 29. Council Member Watford noted that the access to these parcels would have to be Northeast 51h and 6th Streets and that the streets are not paved all the way to the property, therefore the burden of bringing those streets up to code fall on the developer. He also noted that there are lots within this area that the City has agreed to remain in their native vegetation state. Mrs. Nunez responded that she was not aware of that, but that would not have any bearing on her project. There was a brief discussion regarding an encroachment onto the Nunez's property as well as the City's right- of-way (at the end of 6th Street) that will need to be addressed at a later date in order for the streets to be paved. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. JULY 19, 2005 - REGULAR MEETING - PAGE 11 OF 15 IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C.1. a) Motion to read by title only, proposed Ordinance No. 901 regarding Council Member Chandler moved to read by title only, proposed Ordinance No. 901 regarding Rezoning Petition No. Rezoning Petition No. 05-005-R, submitted by Brad Goodbread - City 05-005-R, submitted by Brad Goodbread; seconded by Council Member Watford. Planning Consultant (Exhibit 5).. VOTE b) Vote on motion to read by title only. KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. c) Attorney Cook to read proposed Ordinance No. 901 by title only. Mayor Kirk 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 OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HEAVYCOMMERCIAL (CHV) ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABIL►TY AND AN EFFECTIVE." 2. a) Motion to adopt proposed Ordinance No. 901. 111 Council Member Chandler moved to adopt proposed Ordinance No. 901; seconded by Council Member Markham. b) Public Comments. 111 Mayor Kirk asked whether there were any questions or comments from the public. There were none. This Ordinance amends the Zoning designation on Lot 10 of Block 18 located on Northeast 12th 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 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. 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. 1 JULY 19, 2005 - REGULAR MEETING - PAGE 12 OF 15 3 0 9 IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 2. b) Public Comments continued. c) Vote on motion. CLOSE THE PUBLIC HEARING - Mayor. X. NEW BUSINESS. (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. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:49 P.M. A. Consider Alley Closing Application No. 75, submitted by Hubert and Mr. and Mrs. Hubert Phillips are the owners of Magic Mile Dairy Queen, located at Lots 5, 6, 11 and 12 of Block 17, Rachel Phillips/Dairy Queen - City Clerk (Exhibit 6). South Okeechobee, address being 1212 South Parrott Avenue. Mr. and Mrs. Phillips are requesting to close a portion of the North to South alleyway located between the lots in order to utilize the entire property for renovation and expansion of the existing Dairy Queen into a newer, modern "DQ Grill & Chill." The applicants requested that Clerk Gamiotea forward their application without applying to close the entire alley within the block since two of the additional three property owners will not give their consent to closing the entire alley. These are the owners of Lots 3, 4, and 7 to 10. The utility companies have signed off on the application without any objections or requests for easements. All City Staff have signed off on the application as well without any objections. City Engineer Bermudez noted he was in favor of the closing since the renovations will include reorganizing the parking lot, and ingress/egress to the property. The owners have had permission to use this alley for several years. However they will need to actually close the alley in order to build on it. 310 JULY 19, 2005 - REGULAR MEETING - PAGE 13 OF 15 X. NEW BUSINESS CONTINUED. A. Consider Alley Closing Application No. 75, submitted by Hubert and Mr. Steve Dobbs, Engineer for the project was present to answer questions on behalf of the Phillips'. The Council Rachel Phillips/Dairy Queen continued. discussed the precedent that has been set regarding the closing of part of an alley due to unusual circumstances. It appears the owners have also presented unique circumstances surrounding their project as well. Those circumstances being the existing use is staying the same, they are only wanting to modernize it. Due to the size of the property it will be difficult to meet current codes. Council Member Watford moved that we instruct the Attorney Cook to prepare the Ordinance closing the portion of the alley as requested Alley Closing Application No. 75; seconded by Council Member Chandler. Council Member Markham noted that he was not in favor of closing the alley, however he would agree to go along with the decision at this time since this is only the motion to have the ordinance drafted. The Mayor suggested that in light of recent events and the number of street and alley closing applications recently submitted. The Council might consider a moratorium on street and alley closings until we know what will be needed for the master storm water drainage project. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. B. Consider approval of a fund-raising boot drive for the Muscular The matter to consider approving a fund-raising boot drive for the Muscular Dystrophy Association (MDA) at the main Dystrophy Association (MDA) at the main intersection August 26-28, intersection August 26-28, 2005 was discussed and approved during the proclamation presentation. 2005 - Ricky Jones (Exhibit 7). 11 C. Motion to approve a taxi cab business permit for A-1 Taxi and All III Council Member Watford moved to approve a taxi cab business permit for A-1 Taxi and All County Taxi Corporation; County Taxi Corporation - City Administrator (Exhibit 8). seconded by Council Member Williams. Council discussed this matter briefly. Administrator Whitehall was instructed to convey the Council's concerns to Attorney Cook regarding the legality of changing the application procedures, in order to simplify them, or change them to be consistent with the County's. Staff should then consider simplifying any part of the application or process, as Attorney Cook deems is legal. [1 1 DULY 19, 2005 - REGULAR MEETING - PAGE 14 OF 15 311 X. NEW BUSINESS CONTINUED. VOTE C. Motion to approve a taxi cab business permit for A-1 Taxi and All KIRK - YEA County Taxi Corporation continued. CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. D. Consider proposed roll back rate, millage rate, budget workshop dates, Council Member Watford moved to approve advertising a 28.84percent increase over the roll back rate for and first budget hearing date and time - City Administrator (Exhibit 9). 11 property taxes, that the tentative millage rate be set at 8.1899 for the Fiscal Year Budget 2005-2006; seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to set the First Budget Public Hearing for Wednesday, September 7, 2005 at 5:01 p.m; the Final Budget Public Hearing for Tuesday, September 20, 2005 at 5:01 p.m; and move September 6, 2005 Regular City Council Meeting to begin immediately follow the September 7 Budget Hearing ;seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. 312 JURY 19, 2005 - REGULAR MEETING - PAGE 15 OF 15 X. NEW BUSINESS CONTINUED. D. Consider proposed roll back rate, millage rate, budget workshop dates, Following a brief discussion, the Budget Workshops were set for Tuesday, August 16, 2005 at5 p.m. with regular and first budget hearing date and time continued. meeting to follow, providing the Council can receive the proposed 2005-2006 Fiscal Year Budget by Friday, August 12. If not, then the workshop will be on August 23. A second workshop will be scheduled for August 30, 2005, should it be needed. E. Discussion pertaining to the stop sign placed at NW 41h Street behind Council Member Watford requested that the City question the necessity of the additional stop signs installed the new court house - Dowling Watford. on Northwest 4th Street behind the new County Judicial Complex. The signs were included in their site plan. However, if they are not a necessity, they should be removed. Administrator Whitehall will report back to the Council on this matter. XI. 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 Me s(,.e purpose of backup for official records of the Clerk. ATTEST: James E. Kirk, Mayor THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT7:34 P.M. The next regularly scheduled meeting is August 2, 2005. 1 AFFIDAVIT OF GPLISHER OKEECHOISIMPTIMES 0 106 S.E. 5th 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 07/14/2005 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. JamesA.-lughes, Jr., (Publisher) 0 f V Sworn to and subscribed before me this day of�c A.D. 2005 (SEAL) Notary Public ` OStpY PVe ,; osea ee A. Brennan Commission #DD318483 =* `= Expires: Jun 25, 2008 ' 9TFOF f�OQ Bonded T ni Atlantic Bonding Co., Inc. NOTICE OF CITY COUNCIL MEETING - NOTICE IS HEREBY GIVEN diet the City of Okeechobee City Council will meet in Regular Session on Tuesday; July 19, 2005, 6:OOpm, City HaO, 55 SE3td'Ave., Rm 200, Okeeehobee, Florida. The public is invited and encouraged to attend. For a copy of the agenda contact City Administration at (863) 763-3372 x 212.-. PLEASE TAKfi. NOTICE .AND BE .ADVISED that if any ptnsou desires to ap- peal any decision made by the City Council with respect to any matter considered at this meeting, such interested person will need a record of the proceedings, and for such pur- pose may need to enema a verbatim record of the proceedings is made, which record in- cludes the testimony and evidence upon which the appeal is to be based. Tapes are used for the sole purpose of back-up for the Clerk's Office. in accordance with the Americans with Disabilities Act (ADA) and Florida Statute 28626, persons with disabilities needing spe- cial accommodation to participate in this pro- ceeding should contact Lane Gamiotea, no later than two (2) working days prior to the proceeding. at 963,763-3372 a 214; if you are hearing or voice nripaired, call TDD 1-W()- 222-3448 (voice) or t-668-447-5620 MY). LANE GAMIOTEA, CMC, City Clark PUBLISH 07/14rAW OKEECHOBEE TIMES -------------------------- a Y Office of the Mayor 3 Okeechobee, Florida x Y i { ' AS-, fighting fires is one of the most hazardous professions, requiring physical strength; extensive training; courage, and self -concern for the welfare of our citizens; and LEAS, in addition to their daily service to communities Fire Fighters throughout the state and the nation have Dined the Muscular Dystrophy Association for the past fifty years in t fit 't. j s against neuromuscular diseases; and %i1LHEF EAS, Florida Fire Fighters collected a record -breaking $1,201,575 in over 300 communities with' their 2004 "Fill the Boot" campaign for MDA, again making them MDA's largest source of funding; and WHEREAS, the Muscular Dystrophy Association is extremely grateful to the Okeechobee Fire Fighters for their support and dedication; and WHEREAS11 , the funds collected by the Okeechobee Fire Fighters assists MDA in providing medical: services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families; and _ WHEREAS, in honor of the efforts of the Okeechobee Fire Fighters, the Muscular Dystrophy Association is sponsoring Okeechobee Fire Fighters Appreciation Week; and WHEREAS, it is appropriate for all City of Okeechobee citizens to join the Muscular Dystrophy. Association in this tribute to our Fire Fighters. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City: of Okeechobee, do hereby proclaim September 1 through September 11, 2005 as "Okeechobee , k, 'Fire Fighter Appreciation Week" and commend Okeechobee Fire Fighters for their efforts ;one, behalf of the Muscular Dystrophy Association. ess whereof f have hereunto set h nd and caused this sea!-t A 6, ai at L r !s E. Ki JUL-Oi-2009 02;23PM FROM -MUSCULAR Rim DGPHY ASSOC Fighting Neurornuscult,r Diseases July 7, 2005 Robin Brock City Council City of Okeechobee 35 SE 3"d Avenue Okeechobee, Florida 34974 Dear Ms. Brock, +7728739423 T-595 r.002f003 F-931 The firs r nonprofit orgsrriryr norvd Uviln vio ,4i` Jr7GFi r Medical Associiti(jos 006 chievement Award '^or rc8ar! and lasting contributions to the health and nrclfenT! ci hurranity 7410 S. US Highway 1, #303, Port St. Lucie, FL 34952 Telephone: (772) 873-9422; Fax: (772) 873-9423 1 am writing to request your assistance in recognizing the outstanding efforts of the Okeechobee Fire Fighters on behalf cf the Muscular Dystrophy Association., The funds collected during their 2004 "Fill the Boot" campaign; combi nrd with the totals from the fire departments across the State, brought in a record breaking $1, 201,575. Florida Fire Fighters hold the #2 position in state rankings for monies raised for MDA. To show our appreciation to the Eire Fighters in your community, the Muscular Dystrophy Association is sponsoring Fire Fighter Appreciation Week from September 1 through September 11, 2005. This courageous group of men and women will be recognized not only for their service to our communities but also for their dedication to all children and adults with muscle disorders. Enclosed you will Find a sample proclamation. We would appreciate your presenting the proclamation at the july 19, 2005 Council meeting. Please advise me if this date for a formal presentation is possible. Thank you in advance for your kind consideration of this request. If you have any questions, I can be reached at 772.873-9422. Sincerely, r Sandra Ingram District Director Si:njn Enclosure: (1) Muscular Dystrophy Association JERRY LEWIS, National Chairman Dedicated to 1lio cracication or the muscular cl�/strcphie& umyotrophlc loterol sclerosis (Loy Geh;;g's oiseC�e`, myovi-l3nlo orc.'l ne splrtal "niscuior Gtro7hles. Fr learelcr's ataxia and o Mosl of o!hor nQjrort)usCUIor ':3009ti3. www.rr4m,3o,org X,-07-2005 02:23PM FROM -MUSCULAR 019HY ASSOC +772ST39423 0 T-595 P 003/003 F-931 WHEREAS, fighting fires is one of the most hazardous professions, requiring physical strength, stamina, extensive training, courage, and self -concern for the welfare of our citizens: and WHEREAS, in addition to their daily service to communities Fire Fighters throughout the state and across the nation have joined the Muscular Dystrophy Association for the past fifty years in the fight against neuromuscular diseases: and WHEREAS, Florida Fire Fighters collected a record breaking $1,201.575 in over 300 communities with their 2004 "Fill the Boot" campaign for MDA, again making them MDA's largest source of funding: and WHEREAS, the Muscular Dystrophy Association is extremely grateful to the Okeechobee Fire Fighters for their support and dedication: and WHEREAS, the funds collected by the Okeechobee Fire Fighters assists MDA in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families: and WHEREAS, in honor of the efforts of the Okeechobee Fire Fighters, the Muscular Dystrophy Association is sponsoring Okeechobee Fire Fighters Appreciation Week: and WHEREAS, it is appropriate for all City of Okeechobee citizens to join the Muscular Dystrophy Association in this tribute to our Fire Fighters. Now, therefore be it resolved that the City Council of Okeechobee does proclaim September 1 through September 11, 2005 OKEECHOBEE FIRE FIGHTER APPRECIATION WEEK And commend Okeechobee Fire Fighters for their efforts on behalf of the Muscular Dystrophy Association. • EXHIBIT 1 • JULY 19, 2005 SECOND PUBLIC HEARING NOTICE The City of Okeechobee is applying to the Florida Department of Community Affairs (DCA) for a grant under the Florida Small Cities Community Development Block Grant (CDBG) Program FFY 2005 Economic Development category in an amount up to $700,000. For each activity that is proposed, at least 70% of the funds must benefit low and moderate income persons. The City will be utilizing these funds for the construction of public infrastructure required so two (2) businesses can create new employment opportunities for residents of the City. All activities are located within the City Limits. Both businesses who are participating in this grant will create at least twenty (20) full-time jobs of which eleven (11) or 5 1 % will be occupied by low -to - moderate (LMI) individuals. The activities, dollar amounts and estimated percentage benefit to low and moderate income persons for which is applying are: Percentage Benefit to Low and Moderate Activities Proposed Dollar Amounts Income Persons (LMI) 04a Water Facilities $ 90,304 20 Full -Time Jobs, 11 LMI — 55% 04b Sewer Facilities $138,276 20 Full -Time Jobs, 11 LMI — 55% 005 Street Improvements $342,200 20 Full -Time Jobs, 11 LMI — 55% 016 Engineering $ 73,220 N/A 013 Administration $ 56.000 N/A Total Grant Request $700,000 For scoring purposes in the CDBG grant, private funds will also be leveraged. The City of Okeechobee plans to minimize displacement of persons as a result of planned CDBG funded activities in the following manner: No permanent displacement is anticipated. If any persons are displaced as a result of these planned activities, the City of Okeechobee will assist such persons in the following manner: No permanent displacement is planned for this grant. A public hearing to provide citizens an opportunity to comment on the application will be held at the City Council meeting on Tuesday, July 19, 2005 at 6:00 p.m. Draft copy of parts of the application will be available for review at the City Administrator's office beginning on July 20, 2005. A final copy of the application will be made available at the City Administrator's office on Monday through Friday between the hours of 8:30 a.m. to 12:00 p.m. and 1:00 p.m. to 4:30 p.m. no more than five days after submission to DCA. It is anticipated that the application will be submitted to DCA no later than July 26, 2005. To obtain additional information concerning the application and the public hearing contact Mr. Brian Whitehall, City Administrator, City of Okeechobee, 55 S.E. Third Avenue, Okeechobee, Florida 34974 or telephone 863-763-3372. The public hearing is being conducted in a handicapped accessible location. Any handicapped person requiring an interpreter for the hearing impaired or the visually impaired shall contact Mr. Whitehall at least five calendar days prior to the meeting and an interpreter will be provided. Any non-English speaking person wishing to attend the public hearing should contact Mr. Whitehall at least five calendar days prior to the meeting and a language interpreter will be provided. To access a Telecommunication Device for Deaf Persons (TDD), please call 1-800- 955-8771. Any handicapped person requiring special accommodation at this meeting should contact Mr. Whitehall at least five calendar days prior to the meeting. Pursuant to Section 102 of the HUD Reform Act of 1989, the following disclosures will be submitted to DCA with the application. The disclosures will be made available by the City of Okeechobee and DCA for public inspection upon request. These disclosures will be available on and after the date of submission of the application and shall continue to be available for a minimum period of five years. Other government (federal, state and local) assistance to the project in the form of a gift, grant, loan, guarantee, insurance payment, rebate, subsidy, credit, tax benefit, or any other form of direct or indirect benefit by source and amount; 2. The identities and pecuniary interests of all developers, contractors, or consultants involved in the application for assistance or in the planning or development of the project or activity; The identities and pecuniary interests of any other persons with a pecuniary interest in the project that can reasonably be expected to exceed $50,000 or 10% of the grant request (whichever is lower); 4. For those developers, contractors, consultants, property owners, or others listed in two (2) or three (3) above which are corporations, or other entities, the identification and pecuniary interests by corporations or entity of each officer, director, principal stockholder, or other official of the entity; The expected sources of all funds to be provided to the project by each of the providers of those funds and the amount provided; and 6. The expected uses of all funds by activity and amount. DATE TO RUN AD: ONCE NO LATER THAN JULY 14 2005 RUN AS SMALL AS POSSIBLE ONE TIME ONLY BILL TO: City of Okeechobee 55 S.E. 3`d Avenue Okeechobee, Florida 34974-2903 PLEASE PROVIDE AFFIDAVIT AS PROOF OF PUBLICATION. CITY OF OKEECHOBEE PROPOSED FY 2005 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ECONOMIC DEVELOPMENT GRANT SUMMARY Percentage Benefit to Low and Moderate Activities Proposed Dollar Amounts Income Persons a hM 04a Water Facilities $ 16,950 18 Full -Time Jobs, 10 LMI — 55% 04b Sewer Facilities $132,900 18 Full -Time Jobs, 10 LMI — 55% 005 Street Improvements $330,672 18 Full -Time Jobs, 10 LMI — 55% 016 Engineering $ 71,478 N/A 013 Administration 48,000 N/A Total Grant Request $600,000 For scoring purposes in the CDBG grant, private funds will also be leveraged. i RESOLUTION NO. 05-08 A RESOLUTION AUTHORIZING THE FILING OF THE CITY OF OKEECHOBEE'S FISCAL YEAR 2005 FLORIDA SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT APPLICATION WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, AND DESIGNATION OF SIGNATURE AUTHORITY WHEREAS, the Florida Legislature, during the 1983 legislature session, enacted the Florida Small Cities Community Development Block Grant Program Act, Florida Statutes, Chapter 290, to accept and administer the Community Development Block Grant Program created by Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, the purpose of the Florida Statutes, Chapter 290, is to assist local governments in carrying out effective community development activities to arrest and reverse community decline and restore community vitality; and WHEREAS, Florida Statutes, Chapter 290, designates the Florida Department of Community Affairs as the administering agency for the Florida Small Cities Community Development Block Grant Program; WHEREAS, it is the intent of the City of Okeechobee to apply for Fiscal Year 2005 Florida Small Cities Community Development Block Grant funding in the Economic Development category; and WHEREAS, the City's Fiscal Year 2005 Florida Small Cities Community Development Block Grant Application reflects the community development needs of the City. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL, CITY OF OKEECHOBEE, FLORIDA authorizes the Mayor and/or Vice -Mayor to execute and submit to the Florida Department of Community Affairs the City's proposal in the Economic Development category for Fiscal Year 2005 Florida Small Cities Community Development Block Grant Application; RESOLVED, FURTHER, that the City Administrator is authorized to act in connection with the Application and to provide such additional information as may be required by the Florida Department of Community Affairs for the application and throughout the entire grant process, once awarded; and RESOLVED, FURTHER, that this Resolution shall become effective immediately upon adoption. INTRODUCED AND ADOPTED this 19"' day of July, 2005. James K. Kirk, Mayor '�ano Gamioteal CMG, City Clerk REVItWED' FOR LEGAL SUFFICIENCY: f John R. Cook, City Attorney • EXHIBIT 2 JULY 19, 2005 F, MEMORANDUM To: Mayor and Council From: Lane Gamiotea, City Clerk Subject: Ordinance No. 899/Future Land Use Map Amendment No. 05-008-SSA Date: July 12, 2005 We discovered the day after the meeting that Ordinance No. 899 was not properly advertised. Therefore, a motion to rescind the previous motion, and a new motion is needed to adopt this ordinance. This will be the final public hearing regarding Ordinance No. 899 to consider approving Comp. Plan Small Scale Future Land Use Map Amendment Application No. 05-008-SSA. The application was submitted by Brad Goodbread, on behalf of the property owner, George Goodbread. The request is to change the future land use on Lots 8 through 10 of Block 18, City of Okeechobee, from Commercial to Multi -Family. The property is located at 110 NE 12"' Street. On July 15, 2003, the City Council approved a request in this same block on Lots 1-7 and 20-26 for Mr. Goodbread, which were changed to Multi -Family. Recently there were also requests approved for changes to Multi -Family for various lots in Blocks 32 and 35. • All fees have been paid. • The ordinance was advertised in the Okeechobee News on July 8. • The Planning Staff found the application to be in compliance with the Comprehensive Plan has recommended approval. The Land Planning Agency is also recommending gpproval, see attached June 28, 2005 Meeting minutes. • 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. • There is a Rezoning application in process for the property as well (No. 05-005-R). Please do not hesitate to contact me should you require any additional information regarding this application. Thank you. ORDINANCE NO. 899 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 USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM COMMERCIAL (C) 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 II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, 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: a. Application No. 05-008-SSA, from Commercial to Multi -family. The Page 1 of 2 • • Legal Description of Subject Property is as follows: LOTS 8, 9 AND 10, BLOCK 18, OKEECHOBEE, AS RECORDED THEREOF IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994," which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 899 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 19t" day of July, 2005. ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the 19th day 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 June 28, 2005 - Land - Page 2 of 4 III. New Business - City Planning Consultant. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- 008-SSA. Consider a recommendation to the City Council, to change the land use designation from Commercial to Multi -Family. The subject property is located at 110 NE 12th Street. The application was submitted by Bradley G. Goodbread on behalf of the property owner George A. Goodbread - City Planning Consultant. • • Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: 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 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 12`' Avenue, and that it should state Northeast 12 1h 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. June 2005 - Land P - Page 3 of 4 IV. New Business - City Planning Consultant. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- III VOTE 008-SSA, continued. BURROUGHS - YEA 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. 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. City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 7.63-3372, est. 213 Fos: (863) 763-1636 Date: a1. 05 Paid.. No. - p$ ScS Fee Paid: Iurisdicdon; 1st Hearin; lQ I a$105 2nd Hearing 15 Q Publication Dazes: . Notices Mailed:. Comprehensive Plan Map Amendment Application Please Check One: mall Scale Amendment (Under 10 Acres) _ _ _ Larae Scale Amendment (Over 10 Acres) Name of property owner(s): 6pe6e .4. oaDtS A Owner mailing address: off:$'? rl-f&^f *Z& 49 . © KxLa d A- ,?jq `l7 z. P P Name of applicant(s) if otherthan owner (state relationship):�RrVA 6&cj6r..ct= _Z%'I L Io Applicant mailing address: ?a �. � •e�b�c A Name of contact person (state relationship): '960604"440 T Contact person daytime hone(s): �o ��E-Zt Z t Fax: 3 57-I T& ✓ Property address./ directions to property: /to #.k1205'�. &;'111 +tv u,CK.18 Parcel Identification Number: 3 - 1'S " -3 -7 - 3 rJ Size of the Property (in acres): kG IR Current Zoning Desimation: frp-r �D -`� �( lzDr B� ^MY 11 P Current Future Land Use Designation: (� P Existing Use of the . � Property:- S1:= 4P- \[AcC-Ad3"r E Proposed Future Land Use Designation: R T Proposed Use of the Property: F(ULLTI VM)LAI C�DIr1 Y - Description of Surrounding -Properties: Vial* - d. 5 rt �.� i�o . j �Gs -.. 1 ew *.c t�s c►lorts U., y .4/ I Legal Description of the -Property (Lengthy Description May be Attached): 1375 Jac Street, Suite 206 Fort Mye lorida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(&,,att.net Staff Report - Small Scale Comprehensive Plan Amendment PYepaxed for: The City of Okeechobee Applicant.- Bradley Goodbread From: Commercial to Multi -Family Petition No. - 05-008 SSA Staff Report 0 Small -Scale Comprehensive Plan Amendment South: Future Land Use Map Classification: Zoning District: Existing Land Use: Olicant: 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. / —4� . Bradley G. Go read 1, George Goodbread hereby grant consent to my son, Bradley G. Goodbread to act on my behalf in the matter of amending the City of Okeechobee Comprehensive Plan in reference to the subject property described as Block 18, Lots 8, 9 & 10, City of Okeechobee. Robert Enrico CMMIWon #DD359518 DEC. 09, 2008 AdBo� $oadin Thra Co., Inc. i,u• vas Sadd� Staff Report • *PPlicant: Bradley Goodbread Small -Scale Comprehensive Plan Amendment Petition No. 05-008-SSA 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. Maps or Diagrams Submitted by: James G. LaRue, AICP June 21, 2005 3 Staff Report • Small -Scale Comprehensive Plan Amendment General Information *Applicant: Bradley Goodbread Petition No. 05-008-SSA Applicant: Bradley Goodbread Applicant Address: 12575 Highway 70 East Okeechobee, FL 34972 Applicant Phone Number: 863-634-2121 Applicant Fax Number: 863-357-1967 Owner: George Goodbread Parcel I.D. 3-15-37-35-0010-00180-0080 Future Land Use Map Commercial Multi -Family Classification Zoning District CHV & RMF R fF Use of Property Single -Family and Vacant Multi -Family Development Acreage 0.491 0.491 Access NE 12 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: Multi -Family Zoning District: RMF Existing Land Use: Vacant • ✓ Required Attachments Survey: of Property (11" x 14", 20" Scale) Letter Outlining. Request Notarized Letter of Owner's Authorization Application Fee (non-refundable) City Location Map ✓ Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 s d y ul the summary denial of this application. atu Printed Name Date BOUNDARY SURVEY PREPARED FOR GEORGE GOODBREAD _ N.E. 12TH A VENUE — END of ASPHAL r — I (ASPHALT ROAD) 70' R/W Fnrr nr d. CPHAI T O FOUND 5/B"IRON ROD & Al (/[LEGIBLE) TELEPHONE PEDESTAL N LINE OF BL( N 89 *49'.38 (/ ( SET 5/8" IRON ROD & CAP KAB LS 4820' N 89 49 38' E 15.00' ENO OF FENCE LOT 1f 57' SOUTH BLOCK J8 f-75.0' Z i TOTAL PARCEL a CONTAINS 0.491 ACRES — — — - 74.6 CONCRETE LOT 12 BLOT 18 0 R G: TER METER FOUND BROKEN 4 :Y4" CONCRETE MONUMENT (NO ID.) C CUL VfRT :45'(C) 142. N h I LOT 10 LOT 9 BLOCK 18 BLOCK 18 FOUND 5/8"IRON ROD & CAP DEHAYS 5178" �3 FOUND I s£Pnc TANK ( I b COV£R£0 ,,-WOOD PORE - 77.4' - l sroRv a RESIDENCE 2J.0' - 77.7' - h � n ' }-- SEPTIC TANK LOT 8 ..BLOCK 18 5/8"IRON ROD & CAP DEHAYS 5178" O. J' WEST N O h � LOT 7 BLOpC fB W nt I 15 . �I SCALE IN FEET MAP SCALE: 1 INCH 30 FEET DHw S 893835" W 142.56(C) 142.5(P 7FENCE 4' EAST UnuunLlrr 15' ALLEY h POLRON ROD paf ER 6329" LOT f4T17LOT J9LOT20BL7l 18 BLOgr 1B BLOLY! 18 9LOLK 1B IDESCRIPTION.• \ LOTS 8, 9 AND OKEECHOBEE, AS RECORDED THEREOF /N PLA T BOOK 5, fi4PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PROJECT SPECIFIC NOTES.• 1) UNLESS SHOWN OTHERIMSE, 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. 1. R. M. ZONE: ZONE UNDETERMINED, PARCEL LIES WITHIN THE OKEECHOBEE CITY LIMITS: 5) THIS SURVEY IS NOT INTENDED TO DEPICT JURISDICTIONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 7) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADD/170NS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 8) DATE OF LAST FIELD SURVEY' 04/28/05. SOUTH LINE OF BLOCK 18 NR/W_7N£.117NAVE: FOUND 5/8`IRON RDD &CAP '1721" 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 N0: 19330 � LEGEND ®—Set Iron Rod and Cap TWPS 6719 ■—Found CM *—Found Iron Rod (and Cap) O —Found Pipe (and Cap) ABBREVIATIONS EL=Boseline; BM=Benchmark; (j=Centerline; C=Calculated; CATV=Cable TV; CM= Concrete Monument; CONC=Concrete; D=Deed; 0=Delta or Central Angle; E=East; E'LY=Easterly; E/P=Edge of Pavement; ESMT=Easement; F.I.R.M.=Flood Insurance Rate Map; END=Found; IP=Iron Pipe; IRk(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; f'L=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 TongencY PU&D�Public Utilitly and Drainage; R=Rodlus; R/W=Rlghi-of-Way, S=South; S LY=Southerly, T=Tangent; TEL=Telephone Splice or Switch Box; W=West; W'LY=Westerly, UTIL=Utility(ies); 0'=Spot Elevation based on indicated Datum The Okeechobee News P.O. Box 639, Okeechobee, ' Florida 34973 763_3134 Published Daily STATE OF FLORIO,,, COUNTY OF OKEECUOBEE Judy Kasten, the undersigned authority personal) News who h says she is publisher of the Okeechobee a DAILY Y appeared Okeechobee Is published hobee,in tnent, County, Florida; that the d Okeechobee, in being a attached copy Of advertise- .7 in the 19th Judicial Disr —�J County, Florida, N as ct ofthe Circuit Court of Publishedinsaidnew of Okeechobee spaperintheissues n _ Affiant furl a news her says that the said County, Published at Okeechobee Okeechobee Y Florida, an in said News e Published cont Sal( said news her afore Okeechobee each wee has Y to said Okeechobeen k and the post office in (bekeechoered as second class m county rlortda Florida, for bee. m said OkeP all matter at Publication oft eeatoachedOne Year-chobee next County, further says that she pY of act preceding the first Elam or co has neither vertisement; rporation a p °id nor and affiant for the ny disco,.nt, rebate, commised any person, the pupo ofecuri�rg this advert e said newspapermission or refund �— —�rtts�tt nt for publication in Notary public, State of Florida at Large g e'YtheGtyCo CNCdSw,MthatitanyPersondesirestoappealany 2sp� Person W n:Md Ct' anT!t!erCrnislderad at this Ka?'inen R. Bi0ypfl ._ Commission #DD272118 Expires: Jan 17, 2008 Thm r'(; odic Co., Inc • EXHIBIT 3 JULY 19, 2005 ORDINANCE NO. 898 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; 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 (4) Maximum height of structures. Language underlined is to be added. Language strieken is to be deleted. Page 1 of 2 (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 not workers. and occupy, ora structure not occupied but which is in the nature of a silo spire storage elevator, towers and similar structures except telecommunication towers governed by 90-601 of land development regulations : For all structures exceeding this height regardless of whetherworkers are employed therein and including any structure which may be erected at a location that would adversely affect the navigational requirements and air space surrounding the Okeechobee County airport regardless of its height such structures shall be permitted only 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 51h day of July, 2005. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 19th day of July, 2005. James E. Kirk, Mayor EVE-twil 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. Page 2 of 2 June 28, 2005 - Land P - Paize 3 of 4 • 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. 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. The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORJDA 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, bei& in the matter of If C v� 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 al 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 adverttisement for publication in the said newspaper. 11 7 PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that tine CIt Council of the City of Okeechobee, Florida will on Tuesday, July 19, 2005 at 6: p.m. or as soon thereafter sible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING on and there. after to consider final reading of the follow irr�g Ordinance into law: No. BOB: AN ORDINANCE OF THE CITY OF OKEECHOBig FLORIDA AMENDING ORDINANCE N0.116 AND AS AMENDED, SECTION 90.345 THEREOF; TO CREATE AN EK- CEPTION IN INDUSTRIAL ZONING CATEGORIES RELATED TO THE HEIGHT RE- STRICTIONS IN INDUSTRIAL ZONING, PROVIDING FOR CONFLICTS, SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE All members of the public are encouraged to attend and partictpate in said fiearkio. The proposed Ordinance may be Inspected In its entirety by members of the pu lic in the Office of the City Clerk during regular business hours, Mon -Fri, 8am4:30pm, except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that B any person desires to appeal any decision made by the City Council with respect to any matter considered at this hearing, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings 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 In accordance with the Americans with Disability Act (ADA) and Florida Statutes. 286.26, persons with disabilities need ingg special accommodation to p�pate in this proceeding should contact Lane Gambtea no later than two (Yrrldng days prlorto the pproceedingg at 8630763-3372 x 213; f hearing or vacs Im- paired, call TOO 1-800-222-3448 (TTY). Lane Gamiotea, CMC, CITY CLERK 68241 ON 07/08/05 Sworn o a)subscribe before me this day of ` 6� .�i A.D. 20 (r Notary Public, State of Florida at Large ; _� ��; Karmen R. Brown Commission #DD272115 Nam. .o Expires: Jan 17, 2008 ''FOFeLcQ;' Bonded Thru "" Atlantic Bonding Co., Inc EXHIBIT 4 • i JULY 19, 2005 MEMORANDUM To: Mayor and Council Members From: Lane Gamiotea, City Clerk Subject: Ordinance No. 900/Rezoning No. 05-004-R Date: April 13, 2005 This is the final public hearing regarding Ordinance No. 900 to consider approving Rezoning Application No. 05-004-R. The application was submitted by the property owners, David and Anita Nunez. The request is to change the zoning on three unplatted parcels located just West of Taylor Creek from H to RSF-1 The Future Land Use designation is Single Family, therefore the maps would be consistent. • All fee's have been paid. • The ordinance was advertised in the Okeechobee News on July 8. • The Planning Board voted unanimously to recommend approval (June 28 Meeting). • Planning Staff is recommending approval. • The General Services Department mailed thirty-one courtesy notices to the surrounding property owners, with no response to date. • The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. • Attached is the research which was requested at first reading regarding Riverside Drive and the platting. Please do not hesitate to contact me should you require any additional information regarding this application. Thank you. 0 0 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 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. 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 51h day of July, 2005. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 19th 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 05/06/2005 09:34 8637631696 CITY OF OKEECHOBEE rrraut n4 City of Okeechobee General Service$ Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, )Florida 34974-2903 Phone-. (863) 763-3372, ext. 218 Fax: (963)763-1686 Date: '�105 ' Fee Paid: dutfsdiction + C 1st Hearing: lQ I pli� C)2nd raring: + t 1 Publication Dates: Uniform Land Use A►.ppUestion ✓ �.1VlIMM+n Name of property owner(s)• y A A owner mailing address: P P Name of applicant(s) if other than owner (state relationship): N I ►a I4 I Applicant mailing address: N I R C A Name of contact person (state relationship): N T Contact n da a hone(s): j{ (o'l —©(ail Fax: 4 6 — D Property address / directions to property: oe Indicate current use of property: Describe improvements on property, including number/type of dwellings and whether occupied (if none, to state): Approximate number of acres: Z , Z (o Is property in a platted subdivision? P Is there a current or recent use of the property that is/was a violation of county ordnance? If so, describe: It 4 P Have there been any land use applications concerning all or part of this property in the Iast year? If so, indicate date, nature and applicant's name: IV b R g Is a sale subject to this application being granted?� T V 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: South: West: Existing zoning: Palate Land Use classification: Actions Requested: � one (_,,,J Special Exception (_) Variance JzX Parcel Identilieadon Number: - 7- y D ©D O D P D p 1A 0-� a ,4 Lthe Coniirmatiou of Information Accuracy ertify that the information in this application is correct. The information included in this application is for use y of Okeechobee in processing my request'. False or misleading information may be punishable by a fine of up and imprisonment of up to 30 days aand may result in the summary denial of this application. �n lek AID✓!e7— U Printed Name Date Uniform Land Use Application trey. vw) Page 1 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. David Nune , 6- Anita Nunez /f w IIIIIIIIIUIIINIIII111111111Nlllllilil FILE NUM 3979 BK 00511 PG 1'ibb DATE: l)9/1B/2003 04:57:30 PP 9 SHARON RDBERTSD , CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL pC O0 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 IUD Number: 3-15-37-35-0010-00010-001A Grantee #1 TIN: Grantee #2 TIN: Warranty Deed This Indenture, Madethis 27th dayof June , 2003 A-D_. Between FRED B. CAGLE State of Florida , grantor, and of the County of DAVID NUNEZ, TR. 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 inconsideration of the sum of _ -- --TEN DOLLARS.($10)--- -------------------- DOLLARS and other good and valuable consideration to GRANTOR in hand paid by GRANTEES, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEES and GRANTEES' heirs. success ns and assigns forever, the foIlowing descnbed laud, situate, lying and being in theCornryof Okeechobee 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 fully warrant the title to said land, and will defend the ware 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 ' 1 our presence: �,(� iz(Seal) A LONELY FRED B. CAGLE Witness P.O. Address: Post Office Box 1033, Inverness, FL 34451 TOM-W. C 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 (mown ayy�: EVA W LONELY r_ MY COMMISSION' CC 98M Al EXPIRES: Decen bei 12, 2004 Pf BondedThmNowtPobkUrA --M EVA MAE LONELY Notary Public My Commission Expires: 12 / 12 / 0 4 • ..yy OR BK 00511 PG 1168 said Northern extension of the East line of said Block 147, to the intersection with the centerline of N.E. 3'a Street (formerly Ninth Street), also being the Southwest comer of a parcel of land as described in O.R. Book 405, Page 664, public records of Okeechobee County, Florida, and the POINT OF BEGINNING; thence continue Southwesterly along said extended line, to the Northeast corner of Lot 1 in said Block 147; thence continue Southwesterly, along the East line of said Lot 1 and the Southerly extension thereof, to the Northeast comer of Lot 9 in said Block 147; thence run East, along the Easterly extension of the North line of said Lot 9, to the Western shoreline of Taylor Creek; thence run Northeasterly, along said Western shoreline, to the intersection with the Easterly extension of the aforesaid centerline of N.E. 3`d Street, also being the Southeast comer of said land described in O.R. Book 405, Page 664; thence run West, along said extended centerline and also along the South boundary line of said parcel of land, to the POINT OF BEGINNING. i 30 50 6 y5 4 3 7','Sg e 9FF� o [IE) X 9 i i2 73 AC 0 50 5o N. 6 TH STREET 3153735 IOMIMIA �0 LLJ 50 �s ga3 50 s0 2 , v s� :2-16 X 4 1 2t w 2 AC)[CALC. o = 31537350Uf0000f 00p11 2 f0 w 7 8 9 10 f2 S 3' 5 ; [1fy/ 10 z 50 b9 50 .86 AC 1 CALC. ) 50 125 N. E. 5 TH STREET 3153735ffll lMlj 50 50 - - 50 50 - - 50 110 6 5 3 2 �1 4 2 iJ) .78 AC'[CALC.I o — a 12B.6 - - S - - 81. 3 3i5w3,Atwwioomr 3 7 8 9 10 11 12 Lo 57 7 8 9 ) 50 50 50 z 50 50 50 100 1462 AC N. E. 4 TH STREET 2 5uLb)cci- przpt" 50 50 - _ 50 50 50 _ n.o�.,�.. . _ ¢ 11 t 6 5 4 3 2 1 6 4 3 2 ¢ i e � Q = i4 = ram' Asa. m - Q o _ n__89 AC _ 12 7 MB 9 f0 -11 12 7 8 9 10 11 12 [CALC.) 50 50 Z Z 50 50 50 O N. E. 3 RD STREET 9. e 31 7.E001MMI A 50 50 50 aw Lu « =D ��.. i w 67 4 3 1 a 50 _ _ 50 . 72.6 w n�ma.. z 5 4 3 2 wf e [ iK) 48 AC Q � [CALC. ) E _ �c7 c_o w 1-7 8 9 10 11 12 w 6 7 8 9` „„ o 23 . 25 N. T6 • /� OR BM 00511 PG 1167 J� EXHIBIT "A" Fourparcels of land lyingbetween theplat of OKEECHOBEE, according to the plat thereofrecorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida, and the Western shoreline ofTaylor Creek in Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, and being more particularly described as follows: Commencing at the Southeast comer 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 comer 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 comer of Lot 1 in Block 84 of said plat of Okeechobee; thence continue Southeasterly, along the East line of 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. 6' Street and the Southeast comer 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. AND: Commencing at the Southeast comer of Lot 1 in Block 84, 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 Lot 1, to the intersection with the centerline of the 20 foot wide alley in said Block 84 and the POINT OF BEGINNING; thence continue Southeasterly, along said extended line, to the Northeast corner of Lot 5 in said Block 84; thence continue Southeasterly, along the East line of said Lot 5 and Southerly extension thereof, to the intersection with the centerline of N.E. 5' Street (formerly Eleventh Street); 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 the 20 foot wide alley in Block 84; thence run West, along said extended centerline, to the POINT OF BEGINNING, Commencing at the Southeast corner of Lot 5 in Block 84, 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 Lot 5, to the intersection with the centerline of N.E. 5' Street (formerly Eleventh Street) and the POINT OF BEGINNING; thence continue Southeasterly, along said extended line, to the Northeast comer of Lot 1 in Block 115 of said plat of Okeechobee; thence continue Southeasterly, along the East line of said Lot 1 and the Southerly extension thereof, to the centerline of the 20 foot wide alley in said Block 115, also being the Northwest comer of a parcel of land as described in O.R. Book 406, Page 288, public records of Okeechobee County, Florida; thence run East, along the Easterly extension of the centerline of said 20 foot wide alley and along the North boundary line of said parcel of land, to the Western shoreline of Taylor Creek and the Northeast comer of said land described in O.R. Book 406, Page 288; thence run Northwesterly, along said Western shoreline, to the intersection with the Easterly extension of the aforesaid centerline of N.E. 6' Street; thence run West along said extended centerline, to the POINT OF BEGINNING. AND: Commencing at the point of intersection of the Northerly extension of the East line of Block 147 and the Southeast corner of Lot 12 in Block 116, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida, and run Southwesterly, along 05-16-2005 02:47 D A SOD 960 467 0610 PAGE:2 David & Anita Nunez, Jr. 2085 S.E. 4 tb. Street Okeechobee, F 134974 863-467-0611 May 16, 2005 Special Reason and Basis for request. Application for zoning change on three parcels of property on Taylor Creek as described in the application attached. The reason is so the property can be developed by its owners, under existing Holding (H) it cannot. The basis for the change is the future land use map shows these parcels marked for future land use of single family residential, thus the request to comply. Intended Use For the use of single family residential homes development_ Nature of use is construction of single family homes, one per parcel. David Nunez; Applicant "Anita unez Applicant 05/06/2005 09:34 8637631686 CITY OF OKEECHOBEE PAGE 05 Current zoning classification: Requested zoning classification: R What is your desired pom-d ted use under the p classification: Z i At O N If granted, will the new zone be contiguous with a like zon ? � S is a Spegal Exception necessary for your intended use? VD Variance? /a Describe the Special Exception sought: S P E C I Provide specific LDR ordinance citation: A L Are there other similar Uses in the area? Is so, describe: F X t Why would granting your request be in the best interest of the area and residents? P' T i 0 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 A .I Describe physical characteristic of property that makes variance necessary: A N C Did you cause or contribute to the characteristic? Is so, describe: Bi What is the minimum variance necessary? Uuifbnn Land Use Application (rev, 1/03) Page 2 of 2 05-05-2005 20:40 D A SOD 869 467 0610 PAGES . • 1375 Jac Street, Suite 206 Fort Myelorida 33901-2845 : Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(a-),att.net Prepared for: The City of Okeechobee Applicant: David & Anita Nunez, Jr From: Holding To: Residential Single -Family (RSF-1) Petition No. 05-004 R Staff Report Applicant: David and Anita Nunez, Jr. Rezoning Request Petition No. 05-004-R Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Single Family Zoning District: Holding Existing Land Use: Vacant, Residential East: Future Land Use Map Classification: Single Family Zoning District: RMH Existing Land Use: Mobile Homes South: Future Land Use Map Classification: Single Family Zoning District: Holding Existing Land Use: Vacant, Residential West: Future Land Use Map Classification: Single Family Zoning District: Holding Existing Land Use: Vacant, Residential 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. Analysis I 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. No, 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. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes, the proposed use is for single family dwelling which is specifically allowed under the RSF-1 Zoning District. 2 0 • Staff Report Applicant: David and Anita Nunez, Jr. Petition No. 05-004-R Rezoning Request 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. Landscape Regulations I Not applicable to this request. 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.) Submitted by: James G. LaRue, AICP Planning Consultant June 21, 2005 F. Staff Report Applicant: 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 � A 1• •. pp icant. David and Anita Nunez, Jr. Rezoning Request Petition No. 05-004-R General Information Applicant: David and Anita Nunez, Jr. Applicant Address: 2085 SE 4t Street Okeechobee, FL 34974 Applicant Phone Number: 863-467-0611 Contact Person Anita Nunez Parcel I.D. ProposedExisting 3-15-37-35-0010-00010-OOIA/lU1J Future Land Use Map Classification Single Family Single -Family Zoning District Holding RSF-1 Use of Property Vacant Single Family Acreage 2.26 12.26 Access NE 5t St., NE 3r St., NW 7 th Ave., & NE 2° St Location: NE 7th Avenue to NE 5th Street, go E to Creek, also NE 61h 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. 6t1i 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 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). June 28. 2005 - Planning Board - Paee 2 of 5 IV. NEW BUSINESS. A. Rezoning Petition No. 05-004-R. Consider a recommendation to the City Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Council to rezone lots IA, 1I, and I lying between the plat of Okeechobee and the Western shoreline of Taylor Creek in Section 15, Township 37 South, Range Planning Staff Report Summary: The subject property has been designated Holding on the 35 East, Okeechobee County, Florida from Holding (H) to Residential Single City's Official Zoning Map. The Single Family Future Land Use designation provides guidance Family - One (RSF-1). The application was submitted by Tom Murphy on behalf into what is considered appropriate development for the property. The request is consistent with of the property owners David and Anita Nunez - City Planning Consultant. 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. (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 IV. NEW BUSINESS. 2005 - Planning Board - Page 3 of 5 A. Rezoning Petition No. 05-004-R, continued. 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. m INTER OFFICE AA1r!!&A/1w A a mow - TO: Mayor and Council Members FROM: Lane Gamiotea, City Clerk SUBJECT: Research Request - Riverside Drive DATE: July 12, 2005 As requested, I researched the area know as Riverside Drive. This road is closed and privately owned. I cannot conclude when or how the original was drawn out. I cannot find any documentation that indicated that it was ever dedicated to the City. What I could find was: ■ This area was part of the original Taylor Creek Water Shed. ■ In 1981 the City hired a title company to verify ownership of the land, I have a copy of the quit claim deed dated 8/20/1974 from R.E. and Frieda Hamrick to J.H. and Sarah Hamrick for part of this property. ■ Plat Book 3, Pages 26 and 29. 1 contacted the Property A documentation the had to put the roe P rtY Appraiser's Office to verify what Y P property rty on the tax roll. They offered a copy of the plats. The drive was divided up into several parcels of land and platted in 1960 and 1961. NThe only map or plat I could find indicating the drive was the City's old 1957 map. The plat maps are available for review in my office, and they will be at the July 19 meeting in the Council Chambers. The only copies that I could obtain were the large 24 x 36 pages. Please contact me should you have any questions. Thank You. 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 �} t 1 tie � PUBLICNOTICE . CON A�OROOFADOE�NG ------- -- PLEASE TAKE NOTICE that tlie. City Counca of the City of Okeechobea, Ronda rn on SETATuesdaE J C 00 Or Hall, 55 SE 3rd Ave., B' pp m. or as soon thereafterpossible, lobes, in FL at City af�rto consider final a PUBLIC HEARING on and then nezdln�pFof the f6110wing"Ordinance hKo law. NO Boo: AN CL4LZOBN AIAPOOFOKEE& E �AAMENDINGTHEOFR the matter of ORgy LARD MORERARTICULARLY REZDNMGACERTAIN TRACT OF ING OISTRICT TO RESIO [ffREIN, FROM HOLDING, ft"SNGLEDESCRIBED ) ZON TRICE AMENDNIGTHEZONjNGAWACCORDINGLy. F1INBIGNFO CONFLICT$SEYERABIL�yANDANEFFECINEDATE r The trposs of the ortAnance i to,ch (H) to Reslderioat T the zoning classification from Nddi Mrs. Anita Nunez Pehtla� SF1) by property owners Mr. David and West of TaybrCrsek between No R fafour parcels of unplatW land tying east 71h Avenae: rdieast 5th and 6yh Street and West of Fbrfh- in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in �The Pro rsposeddOrNii ance e� 2gedtcattendand parpcipy�(nsaid hearing. lic in one Office of the City Clark duep� in its emirely by members the of the issues of pub - 8am-4:30pm, except forholidays ring regular business hours, Mon -Fri, �� G �� , PLEASE TAKE NOTICE AND lit ADVISED that o an decision made by Me City Council wdh respect y any person desires� Pedereij at this hearing, suchrpose rrtereeedpeed such 10rsonwB arseordoftheproceedirq andfor Which purpose Includes record me eSe° a verbaBrtt record of the prpt�edf�as made, be based. City Cleat tapes are y and evidence upon which the apppeal Is to of the Cleric Purpose of backup fotofficwl records Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, In acc28fi.2dance:wit the Americans With Disability Act (ADA) and Florida Statutes in thisprooceeedisigwshouldbg�� In specialaccommod abonm erticipate days pnorto the ne mlotea no laterthan two in said Okeechobee Count y, Florida, and that said newspaper has her t f roceerti (2fwcnong paired, callTODt-800.22 at 3 48 (Try3�372 x 215; B hearing or voice Nrn �� published continuously in said Okeechobee countyoFlorida ueen LaneGamtotea,CMC,CIIYCLERK each Week and has been entered as second class mail matter at 682450N07/OS(p5 the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first Publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn t4an*ubS1tAW before me this day of ,� I A.D. 20 d Notary Public, State of Florida at Large try ?� g .�o. ems: Kamen R. Brown COli Mission #DD272118 E x p, ros: 2 an 17, 2008 �� Ati.P.Ip z<er,�i�RCo., fnc • EXHIBIT 5 JULY 19, 2005 F, oas. MEMORANDUM To: Mayor and Council Members From: Lane Gamiotea, City Clerk 4 Subject: Ordinance No. 901/Rezoning No. 05-005-R Date: July 12, 2005 This is the final public hearing regarding Ordinance No. 901to consider approving Rezoning Application No. 05-005-R. The application was submitted by Brad Goodbread on behalf of the property owner, George Goodbread. The request is to change the zoning on Lot 10 of Block 18, City of Okeechobee, from CHV to RMF The Future Land Use designation is being considered at this same meeting to be changed to Multi -Family, therefore the maps would be consistent. • All fee's have been paid. • The ordinance was advertised in the Okeechobee News on July 8. • The Planning Board voted unanimously to recommend approval (June 28 Meeting). • Planning Staff is recommending approval • The General Services Department mailed twelve courtesy notices to the surrounding property owners, with no response to date. • The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. Please do not hesitate to contact me should you require any additional information regarding this application. Thank you. 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 51' day of July, 2005. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 19th day of July, 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 General Services Department 55 S.E. 3' Avenue, Room 101 _ Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: g-1 0 5 Petition No. 010- pO S - {� Fee Paid: 0o — Jurisdiction: } C lst Hearing. � a$ I Q 5 2nd Hearing: `, -t � Q � 1 Publication Dates: Notices Mailed: ` Uniform. Land Use Application Rezone • Special Excention • Variance ✓ Name of property owner(s): 46v"z A-•. 6copowW A Owner mailing address: /AMA h W Y '740. UoSS Wj P P Name of applicant(s) if other than owner (state relationship): 41. L I Applicant mailing address: j 2,j-i vE e,)CgeG.rDj+,�4 3%Z C A. - �n•- Name of contact person (state relationship): 600o82woo N T Contact person daytime hone(s): 4-At ou Fax: .35?- l `j 4 ,� ✓ Property address / directions to property: j bT WP&sf®F 11D AA6 iZj Ste" 8ta,*i.61.0 Indicate current use of property: &t-fN'i' Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): Approximate number of acres: f9, I L Z4 Ag.,_ Is property in a platted subdivision? �a P R Is there a current or recent use of the property that is/was a violation of county ordinance? If so,; describe: 1100 O P . Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: iJ b E R Is a sale subject to this application being granted? A.5 p T Y Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: I►�t9' owes Ik>< [ OT> ljDsrl dos w ALLbA.Wp iht.l;>rj7 I;JA Describe adjoining land uses / improvements to the North: V South: i ,SY East:- &%VT vACA*Jl' West: d0ft 1VMWZ41A'L Existing zoning: C-�( Future Land Use classification: Actions Requested: (__VSRezone Special Exception Variance Parcel Identification Number: 3 -16 '"3 % - &5 —OdY0 —OV t Ire> —W 06 II ✓ f Confirmation of Information Accuracy II I hereby certi that the ' formation in this application is correct., The information included in this application is for use by the Ci ee ob i cessing my request. False or misleading information may be punishable by a fine of up to $5 .0 d riso en up to 3 days and may result in the summary denial of this application. ra,,d[.e.� G.�- ate Printed Name Date Uniform Land Use Application (rev. 1103) Paae 1 of 2 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 Robert Enrico fOY A Commission #DD359518 ='ca: Exgires: DEC. 09, 2008 9 'ap Bonded Tbru p�oOFnF� Atlantic Bonding Co., Inc. 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 MF — 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. Existine Use of Surroundine Properties: North: Vacant Land South: Vacant Land & Single Family Residences East: Commercial businesses along US 441 (North Parrott Ave) West: Vacant Land Current caning classification: C Requested zoning classification :� fm FP R[ja is your desired permitted use under the proposed classification: E ,,Z NIf granted, will the new zone be contiguous with a like zone? , E Is a Special Exception necessary for your intended use? �� - Variance? i /v Describe Variance sought: V A R Describe physical characteristic of property that makes variance necessary: I A N. C Did you cause or contribute to the characteristic? Is so, describe: E What is the minimum variance necessary? Pnoe 7 of 2 D Searchlkesults rugu i Ul G Okeechobee County Property Appraiser Last Updated: 4f7/2005 Parcel ID: 3-15-37-35-0010-00180-0080 n%Aynsar R. Prnnerty Info Owner's Name GOODBREAD GEORGE A Site Address 110 NE 12TH ST, Okeechobee Mailing Address 12575 HWY 70 E OKEECHOBEE, FL 34972 Brief Legal 8m OF OKEECHOBEE LOTS 8 9 10 BLOCK Use Desc. (code) SINGLE FAM (000100) Neighborhood 112655.00 ITax District 50 UD Codes IMarket Area 11 Total Land Area 0.488 ACRES PrnnPriv SI Assessment Values Mkt Land Value cnt: (1) $9,750.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (1) $30,036.00 XFOB Value cnt: (2) $1,730.00 Total Appraised Value $41,516.00 2005 Proposed Values Property Card GIS Map Print Search Result- 1 of 1 << Prev 1 Of 0 Next >> Just Value $41,516.00 Class Value $0.00 Assessed Value $41,516.00 Exempt Value $0.00, Total Taxable Value $41,516.00 �;Xca.c� ■.■.,a..... r Sale Date Book/Page Inst. Type Sale Vlmp Sale Qua[ Sale RCode Sale Price 3/1/2004 524/1675 WD I U 03 $75,000.00 9/1/1992 338/635 WD I Q $19,000.00 �YIIY IIIy ..Y. Bldg Item I Bldg Dose Year B!!j Heated S.F. Actual S.F. Bldg Value 1 1 SINGLE FAM (000100) 1962 1 962 1082 $30,036.00 LALIQ 1 GY\.Y•�..a Code sa vv.. ��... Desc �....7_ Year Bit Value Units Dims Condition (% Good) CONC A <5000 SLAB 1 1996 1 $66.00 100.000 0 x 0 x 0 PD (50.00) 1 FENC 2 5'C/LINK 1996 $1,664.00 463.000 1 0 x 0 x 0 PD (85.00) Lnd Code Desc Units Adjustments Eff Rate Lnd Value 000100 SFR (MKT) 142.500 FF - (.488AC) 1.00/1.00/.85/1.00 $68.42 $9,750.00 Okeechobee County Property Appraiser Search Result: 1 of 1 1l LaSL UPUOLCU. v/ rI-- http://www.okeechobeepa.com/GIS/D_SearchResults.asp 5/9/2005 BOUNDARY SURVEY PREPARED FOR GEORGE GOODBREAD I - EDGE OF ASPHALT _ _ N. E. 12 TH AVENUE END OF ASPHALT T (ASPHALT ROAD) 70' R/W :ASPHAL I EDGE OF FOUND 0 5/8"IRON ROD & CAP (ILLEGIBLE) FOUND BROKEN 4 X4" I CONCRETE MONUMENT (NO LD.) TELEPHONE CUL PERT CUL PEDESTAL C IERT N LINE OF BLOCK 18 —' N 894938" E 142.45'(C) 142.5 (P) • SET 5/8' IRON ROD & CAP KAB LS 4820" N 894938" £ 15.00' sEPnc TANK END OF FENCE I LOT 11 BLOCK fB 5.7' SOUTH N Wb z TOTAL PARCEL z a CONTAINS 0.491 ACRES � � O w CO VER£D — — — — — 74.6' — — — — —� 4'9' o KVOO PORCH CONCRETE ro — 27. 4' N Q - I STORY o LOT 12 „� RESIDENCE N LOT 7 BLOCK 18 WATER METER N BLOCK 18 EU 23.0' — 272' — �17 _� N _ ___ — 75J SEPTIC TANK p Z LOT 10 LOT 9 LOT 8 BLOCK 18 BL OCK 18 BL OCK 18 y m V 2 LOT IJ �u BLOLYC 18 � m / A 'ra I 5/8"IRON ROD FOUND 5/8"4=4— zt�pFOUND & CAP DEHA& CAP DEHA YS 5178' oHw S 89 58 35 - W 142.56(C) '142. 5'(P) FENCE LINE 0.4' EAST o unary UALITY W ALLEY h FOUND 5/8"IRON R00 POLE POLE & CAP HOOVER 6329' o X LOT 14 LOT 17 LOT 18 LOT 19 LOT 20 BLOCK 18 , BLOCY( 18 BLOCK 18 BLOCK 1B BLOCK 18 DESCRIP TION.' LOTS 8, 9 AND 10, OKEECHOBEE, AS RECORDED THEREOF IN PLA T BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. C 0FQ)1q H SCALE IN FEET MAP SCALE: 1 INCH = 30 FEET PROJECT SPECIFIC NO TES: 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLA T(P) AND MEASURED(M). 2) S17F ADDRESS.- 110 N.E. 1277-1 STREET. 3) PARCEL ID: 3-15— 37-35— 0010— 00180— 0080. 4) F. I. R. M. ZONE: ZONE UNDETERMINED, PARCEL LIES I ff THIN THE OKEECHOBEE CITY LIMITS. 5) THIS SURVEY IS NOT INTENDED TO DEPICT JURISDIC77ONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 7) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADD177ONS OR DELE77ONS TO SURVEY MAPS OR REPORTS BY 07HER THAN THE SIGNING PARTY OR PAR 77ES IS PROHIB17FD WI THOU T WRITTEN CONSENT OF 77 /E SIGNING PARTY OR PAR TIES. 8) DA 7E OF LAST FIELD SURVEY 04/28/05. SDUTH LINE OF BLOCK 18 N R/W OF IV 11 TH AVE. FOUND 5/8"IRON ROD & 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 I FILE: 19330 I JOB NO: 19330 LEGEND ®—Set Iron Rod and Cap TWPS 6719 ■—Found CM IIIIIII—Found Iron Rod (and Cap) O —Found Pipe (and Cap) ABBREVIATIONS 1J=Baseline; BM=Benchmark; rE=Centerline; C=Calculated; CATV=Cable TV; CM= Concrete Monument; CONC=Concrete; D=Deed; O=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=Paint 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);=Spot Elevation based on indicated Datum, • 1375 Jac)ft Street, Suite 206 • Fort Myer'TOTIorida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(a,att.net Staff Report Rezoning Request Prepared fog: The City of Okeechobee Applicant Bradley G Good -bread Owner: From. To. GeorgeA. CHV I:Ii�/�i Petition No. 05-005 R Goodbread Staff Report Rezoning Request Appent: 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. Analysis 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. 2. 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 Staff Report Rezoning Request . Landscape Regulations Not applicable to this request. Recommendation Appent: Bradley G. Goodbread Petition No. 05-005-R 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 E IQIs to,) 6 7 :1 �411E� , F 838 P02 JUN 21 '05 15:40 . N CA3e S: Ae CANT: FRO�AM- TO: 10 T L ,J, 7T I._Ij rh nut L I? to 1111 1: 1 1 5 i :5 ! e4 152C ICHV ILF. to t000 500. 250 I T- GRAPHIC SCALE A CITY Ill E t; to AX J KLtOm MU INI r, L ILL I rh symmy kt JUILAW $Fj 1PA1D c IND M=l T IEAWM COW wa PAILRW 72 L-L-j r e I il97 4 3 Z t 11 a �91 0 11, 1 It stur (M-1 EV41, M 1:i:�- s 11 6 17 a siEil ItI4 4 F-77— �j It I ; Its 5 4 3 4 1 tlill 1 7 8 t 12(3 784,01111 1 89 011 Iii 9 0 71-1 �tll " I I 9 Staff Report 0Applicant: 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 • • Staff Report Applicant: Bradley G. Goodbread Rezoning Request Petition No. 05-005-R General Information Applicant: Bradley G. Goodbread Applicant Address: 12575 Highway 70 East Okeechobee, FL 34972 Applicant Phone Number: 863-634-2121 Contact Person Bradley Goodbread Owner: George A. Goodbread Owner Address: 12575 Highway 70 East Okeechobee, FL 34972 Existing Proposed Parcel I.D. 3-15-37-35-0010-00180-0080 Future Land Use Map Classification Commercial Multi -Family Zoning District CH I & RMF RMF Use of Property Single -Family and Vacant Multi -Family Development Acrea e 0.491 0.491 Access NE 12th Street Location: Lot West of 110 NE 12tb 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. Request: I I - 7 The applicant presently owns 16 lots which are contiguous to the subject property and are all zoned RMF. 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. Adjacent Future Land Use Map Classifications and Zoning Districts: uture Land Use Map Classification: Commercial oning District: Holding xisting Land Use: 7East: Vacant uture Land Use Map Classification: I Multi -Family 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. • • 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. (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. 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 Famil} (RMF) based on the recommendation by the City Planning Consultant; seconded by Boarc Member Whidden. June 28, 2005 - Planning Board - Page 5 of 5 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. William Ledferd, Chairperson ATTEST: Katrina Cook, Secretary VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA WHIDDEN - YEA MOTION CARRIED. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:26 p.m. • E 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 WIN in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of O Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. I J r Sworn to, d bsctib before me this day of A.D. 20 CE that the City Council of tl 19, 2005 at 6:00 Is to cdpton being: Lois a; a mm w, ��- . m plat Book 5, Page 5; PublicRecords of Okeeclro6ee Courdy, flo members of the public are encouraged to attend and participate in said hearing• The proposed ordinance may 4Inspected in its emirety by members of the pub lic in the office of the City Clerk during regular buseiesshaes, Mon M lia,"F43opm, exceptior holidays. rty LEASE TAKE NOTICE AND BE ADVISED that If any persood cores si appeal this decision made by the City Council with respect to any matter considered atthts h arinn such ini crested person will need a record of the al Ilor rrade be based. City Clerk tapes are forthe sae pufpuw - --F . - of the ClerlL In accordance with the Americans with Disability A (ADA)orn and RW to es 286,26, persons with disabilities needing spec )path in should ,2 S;ifhead�n9orvoicev n9 pn pp pai5red, call TOD 1 800.22 -3448 (TT`il, �Lane Gam h a, CMC; CITY CLERK 611251 ON 07/08/05 ._ Karmen R. Browrl Public, State of Florida at Large _ _� = C0ITIT #DD27211 i +- Expires: an 17, 200 V ¢ cF e e Bondcd Thu n Atlantic Scrdir Co.,. Inc • • �t eUr,�a' � 5 ORDINANCE NO. 907 2c" glos AN ORDINANCE OF THE CITY OF OKEECHOBEE, n'- 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 0.1626 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: LOT 10, BLOCK 18, OKEECHOBEE, AS RECORDED THEREOF IN PLAT BOOK 6, PAGE 6, 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 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 Page 2 of 2 James E. Kirk, Mayor • • EXHIBIT 6 JULY 19, 2005 INTER OFFICE RAC11A^112AKin TO: Mayor and Council Members FROM: Lane Gamiotea, City Clerk j` - SUBJECT: Alley Closing Application No. 75, Dairy Queen/Phillips DATE: July 13, 2005 Attached is a application completed by the property owners of Dairy Queen, Hubert and Rachel Phillips. The application is requesting to close only part of the alley, (see attached map). Two of the adjoining property owners refused to consent to closing the entire alley. Under normal circumstances we would not accept this application since it is for a partial alley to be closed. However, this owner has had a Use of Alley Agreement for several years with the City, giving them permission to pave and use that portion of the alley, with the remainder of it being open. There were two other unique situations with partial alley's being closed in the past. One was to swap land in order to install a lift station on private property; and the most recent was the alley with Porter's Plaza. The applicants understand that this is an unusual situation and requested that I go ahead and see whether the City Council would allow them to close this part of the alley. They have plans to renovate and expand. In order to do this, they need to actually close the alley, not just have permission to use it. City Engineer Bermudez is in favor of this application since the renovations include a complete revision of the parking and ingress/egress of the property. Please advise should you have any questions. Thank You. CITY (SKEECHOBEE • STREET OR ALLEY CLOSING APPLICATION Please type or print: 4-L 64 Z. f I 0I _D,'?hd1j&5 Print name: o u� , Inc _0�V Print Name: Alit 1 I a�f a e foregoing instrument was acknowledged before me this � ! `J by T r+ S. Phi and Ache I � h' II ps 5— � t , who i ersona ly kno to me or (applicant) (co -applicant) who produced as identification and who did (did not) take oat ' +„'•"•. USA J. NEVA/W c O /) ,,,� Notary Public -State of Florida', �1-61:c� A410 Notary Public, Commission No. 1NCaW*son8PkesOct 7,gpp71 (sl ature) '-�,+,����° Commission # DD 256161 'S (Jec-3rA S(Name of Notary typed, printed or stampe Bonded ByNatlonaiNotaryAssn sun. or 3 a 1. ' tanteessi�tumeer: y1+tS —' Sd� Sfoft3 Gtanuo SS Mum bei: - .#*,;i0 - ►1 1� �e�Q� LC. .o° WARRANTY DEED This indenture made this / day of September, I M, BILLY J. HATCHEL and CARRIE L HATCHEL, his wile of 603 SW 10TH AVENUE, OKEECHOBEE. FL 34974 GRANTOR*. and MIAGIC MILE DAIRY QUEEN, INC. of 521714TH STREET WEST, BRADENTON, FL 342G7 GRANTEE*. BETWEEN W IT N E S S E T H That said Grantor, for and in consideration of the sum of TEN AND OW1005 MOM) Doilara and other good and valuable considerations to said grantor in hand paid by said ggrraaznttee, the receipt whereof is hereby acknowledged, has granted: bargained and sold to the grantee and grantee's heirs forever the folbwing described Land located in the County of OKEECHOBEE, State of Florida, to -wit LOTS 5, 6, 11 AND 12, BLOCK 17, SOU1*H OKEECHOBEE. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 37, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A COPY OF SAID PLAT BEING ALSO RECORDED IN PLAT BOOK 1, PAGE 12, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SUBJECT TO RESERVATIONS, RESTRICTIONS AND EASEMENTS OF RECORD, IF ANY. and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful c?aims of all parsons whomsoever. •Singular and plural are interchangeable as eonteou requires. W rINESS WHEREO Gr for has hereunto set grantors hand and seal :his day and above wricen. )"- O r -�- ESS BILL Fj EL ESS CARRIE L HATCHEL COUNTY OF OKEECHOBEE STATE OF FLORIDA I HEREBY CERTIFY that on this Z day of September, 1989, before me, an officer duly qualified to take acknoa3edgaients, personally appeared BILLY J. HATCHEL and CARRIE L HATCHEL, his wife to me known to be the pc-son(s) described 4i and who enocuted the forego"" instruhxnt and acknowledged before me that they executed the same. Prepamd By and Return To: JOHN D. CASSEIA JR, ESQUIRE - - - Post Office Bat 969 - _ -- - _ _ _ - Okeechobee. Florida 34973 i /� �'j. = t - ' f-1 ; . _ ` i (813) 763-3131 1' File Number. W3070 ' •tY , mt ja'LCma ilitil;IO 30 gL43-B rat �,>i� Kj isa 3S68 9911141 3140 Gtal�,J3J uU3 931I3 M 0 Page 3 INSTRUCTIONS:'AfterPages,1 and 2 are completed by applicant. Return entire application to the City Clerk's Office: The;25.O0 application fee is then paid. THE CLERK'S OFFICE WILL -HAVE THE FOLLOWING DEPARTMENT SIGN OFF BELOW: PUBLIC WORKS DEPARTMENT Authorized Signature Date Damie Pdmrtscin / Public Works Director Typed Name & Title POLICE DEPARTMENT Auth zed Signature Date 09ir BmTudez / City EYir7inear Typed Name & Title Mjor Bob Petersm Typed Name & Title FIRE DEPARTMENT I Signature Fire Chief Herb Rnith Typed Name & Title Typed Name & Title Date Date d APPLICATION APPROVED BY: WQ dDN -� 01w, pachaf n /_'�, C10 � C .f.Q. P bra icyf� d� ,��#�cl y (i1c�+ �I cx�� y k e� ,' N T /,�f C� ounce �OO' a LA GAMITOEA, CITY CLERK DA E PGVIMd 4rJro3-Lo (4) allo�aoaomo�mmaopi9101o1 o'er •� duumm'm�maioimia�:�: -9 - M 1D11 _12 W16 l IE� � &M i7s EXHIBIT 7 CITY OF OKEECHOBEE DATE RECEIVED: DATE ISSUED: JULY 19, 2005 General Services Department 55 SE Xd Avenue, Room 101 Okeechobee, FL 34974 APPLICATION NO: DATE(S) OF EVENT: Phone: 863-763-3372 ext. 217 - 0 b- �- Fax: 863-763-1686 FEE: S DATE PAID: Ko TEMPORARY PERMIT APPLICATION OTHER TEMPORARY STRUCTURES (LDR SEC 681-4 Name of Property Owner(s): Address: 0, F- Telephone Numbers: Home: Work: Mobile/Cell: Pager: C< J n IL Name of Applicant: Q Address: J Telephone Numbers: Home: Work: Mobile/Cell: Pager Future Land Use Map Designation: Current Zoning Designation: Legal Description of Property: 8 t-1 Address of Property: Please Explain Type of Use: o fn Briefly describe use of adjoining property: w North: East: n. O South: West: Attach the following documents: 1. Letter of intent outlining event(s) to take place. 2. List of vendor(s) participating, if possible. 3. Proof of non-profit status, if applicable. 4. Notarized letter of permission, if applicant is not the property owner. 5. All debris is removed within 48 hours of expiration of permit. 6. Proof of liability insurance paid in full for length of permit in the amount of $1 Million per occurrence. The following temporary structures may be permitted upon the issuance of a temporary permit, subject where applicable to all requirements of the City Licenses and Business Regulations, which shall include in each instance proof of insurance coverage for the use permitted by the City in such amount as required by these regulations. Christmas tree, fireworks and similar seasonal sales operated by a non-profit organization. Carnival, circus or fair in commercial or industrial districts. Similar temporary structures where the period of use will not exceed 30 days a year. Submit proof of liability insurance, paid in full covering the period forwhich the permit is issued, in the minimum amount of $1,000,000.00 per occurrence. Remove all debris within 48 hours of expiration of permit. Have notarized written permission of property owner, if applicant is not the property owner. Please note that if you intend to use any portion of a City street or sidewalk a separate permit will have to be granted by the City Council. hereby certify that the information on this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to thirty days and may result in the summary denial of this application. Signature of A licant Date Citv Staff (Please review the application, attach comments or special conditions): cc Tonal and/or SOte License Verification: te: Fire De p ment al: ate: Police De Date: /3 oS Public Works D artment Approval: Date- 5 7 3 05 Building Inspector Approval: NIA Date: N h q 1 City Administrator Approval: Date Re%lsed MOW v 0 PHILADELPHIA INSURANCE COMPANY ONE BALA PLAZA SUITE 100 BALA CYNWYD, PA 19004 SCHEDULE A SCHEDULE OF ORGANIZATIONS MUSCULAR DYSTROPHY ASSOCIATION, INC. POLICY # PHPK076182 WITH RESPECTS TO WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US. AMENDMENT - SEPARATION OF INSUREDS (CG2404) ACOSTA AHOLD ALBERTSONS ANHEUSER-BUSCH, INC. CITGO PETROLEUM CORPORATION (INCLUDING DEALERS & JOBBERS) DECA DR. PEPPER / SEVEN UP ERA REAL ESTATE HARLEY DAVIDSON MOTOR COMPANY, INCLUDING DEALERS AND HOG CHAPTERS INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS KAPPA ALPHA ORDER THE KROGER COMPANY NATIONAL ASSOCIATION OF LETTER CARRIERS (NALC) NATIONAL CHILD CARE ASSOCIATION NATIONAL COALITION OF ASSOCIATIONS OF 7-ELEVEN FRANCHISEES (INCLUDING ITS MEMBERS) NON -UNION FIREFIGHTERS SAFEWAY 7-ELEVEN TALL CEDARS OF LEBANNON OF NORTH AMERICA • • JULY 13, 2005 To Whom It May Concern: This letter is authorizing Okeechobee County Fire Rescue, a non -for profit organization, to hold a fund raising hoot drive for the MUSCULAR DYSTROPHY ASSOCIATION On August 26, 27 and 28 b 2005. Thank you, rreens Representative JU LY 13, 2005 To Whom 1t May Concern: This letter is authorizing Okeechobee County ]Fire Rescue, a non -for profit organization, to hold a fund raising ]boot drive for the MUSCULAR DYSTROPHY ASSOCIATION On August 26, 27 and 281h 2005. Thank you, 4erd'sRepresentative 1_V5: AUGUST 17, 2004 - REGULAR MEETING - PAGE 15 of 18 n U A DV ENV OM TO EXN/8/T 7 MINUTES PERTAINING TO NOW TN/S NANVLFD /N 2004. D. Review RFP for an Impact Fee Consultant - City Administrator (Exhibit 11). E. Consider a request by the Okeechobee County Fire Rescue to hold a fund-raising boot drive for the Muscular Dystrophy Association on August 27 through 28, 2004 - Ricky Jones (Exhibit 12). NCIL ACTION - DISCUSSION - VOTE I iedule the 2004/05 Fiscal Year Budget Public Hearing dates for September REQUEST WAS 2004 at 5:01 p.m; seconded by Council Member Markham. will not be able to attend the September 17 hearing due to a previous MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Administrator Veach supplied the Council with copies of the proposed Request for Proposal (RFP) for City and Council Impact Fee Study. The Mayor and Council Members were asked to review the RFP and submit their comments to the administrator. Should there be any significant change's, requests, orfindings, those will be brought back to the Council for consideration. The RFP is suppose to address the four items the City has expressed an interest in exploring, along with County's items, as well as the School Board's issue. There was no official action taken on this item. Following brief discussion, Council Member Williams made a motion to grant request from the Okeechobee County Fire and Rescue to hold a Boot Drive at the main intersection, Parrott Avenue (Highway 441) and North Park Street (North Park Street) on August 27 and 28, 2004 for the Muscular Dystrophy Association, provided that there are adults only collecting the month, and any other stipulation that Chief Davis may have regarding safety and traffic concerns; seconded by Watford. The Division of Forestry will also be participating in the fund raiser this year along with the City Firefighters. A complete temporary Use Permit was completed along with written authorization from Eckerd Drugs and Walgreens to allow the staff to be on their property during the fund raiser. Proof of Liability Insurance was faxed to the General Services Department, as will the Department of Transportation authorization be sent. AUGUST 17, 2004 - REGULAR MEETING - PAGE 16 OF 18 • AGENDA IX. NEILBUSINESS CONTINUED. E. Consider a request by the Okeechobee County Fire Rescue to hold a fund-raising boot drive for the Muscular Dystrophy Association on August 27 through 28, 2004 continued. F. Consider applications to fill the vacancy on the Planning Board/Board of Adjustment/Land Planning Agency/Design Review Board, term beginning August 18, 2004 and ending April 30, 2007 - City Clerk (Exhibit 13). COUNCIL ACTION - DISCUSSION - VOTE VOTE KIRK - YEA CHANDLER - ABSENT MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Markham moved to appoint Devin Maxwell as an Alternate Member to the Planning Board/Board of Adjustment/Land Planning Agency/Design Review Board term beginning August 18 2004 and ending April 30, 2007; seconded by Council Member Williams. Council instructed Clerk Gamiotea to ask the other applicant. Mr. Gary Priest, whether he would let the City keep his application on file and consider him for the next vacancy that came open on the board. Both applicants will also be sent a letter of appreciation on behalf of the Council. VOTE KIRK - YEA CHANDLER - ABSENT MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. G. Motion to reappoint Steve Padget as Trustee to the Police Officers' Council Member Markham moved to reappoint Steve Padget as Trustee to the Police Officers' Pension Fund Board, Pension Fund Board, term beginning October 1, 2004 and ending term beginning October 1, 2004 and ending September 30, 2006; seconded by Council Member Watford. A letter of, September 30, 2006 - City Clerk. appreciation will be sent to Mr. Padget for his willingness to continue to serve on this board. VOTE KIRK - YEA CHANDLER - ABSENT MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. • • EXHIBIT 8 JURY 19, 2005 A-1 TAXI & ALL COUNTY TAXI CORP. DB/A R G K TRANSPORT P. O. BOX 1672 OKEECHOBEE, FLORIDA PHONE: (863) 763-8316 FAX: (863) 357-1402 July 11, 2005 To: Department of Occupational Licenses From: Ruth G. Krieg, President/Owner A-1 Taxi and All County Taxi Corporation Attached please find the completed application for re-newal of our city occupational license for the coming year for presentation at the earliest possible City Council meeting according to the City of Okeechobee's requirements for re-newal. There has been no change in our driver's from last years application: Michael Chapman 575 N. E. 64 Ave. Okeechobee, Fl. Donald Harsh 2691 N. W. 4 St. Okeechobee, Fl. Fl. License # C155-5545-33-413-0 Fl License # H620-186-44-385-0 Both driver's have current medical certificates as well as certificates in CPR, First Aid, Passenger Assistance and Defensive Driving and both have fingerprints on file with the City from previous years as they have both been under our employ for several years. We do random alcohol/drug testing as part of our employment. Enclosed find attached a check in the amount of $ 56.00 ($6.00 for investigation fee of two drivers and $ 50.00 for occupation license re-newal). APPLICATION FOR TAXI CAB BUSINESS PERMIT 1. Applicant's Name: A-1 TAXI & ALL COUNTY TAXI CORPORATION 2. Applicant's Address: How Long: 61/2 years....... c� �- 3. Telephone No.: Dispatch - 763-8393 Business Office - 763-8316 Fax - 357-1402 4. If a corporation or partnership, list names and addresses of all officers or partners: a� vc�th _f, l \ "1 k Z 5. Length of time applicant has resided in the City or County of Okeechobee: Corporation has had permit and operated in the City of Okeechobee for the past \ rA 6. Give description of all experience applicant has in the transportation of passengers: Corporation has operated said business since 1984 providing local and long distance transportation Ruth Krieg has managed and owned said business for the Past-1 7. List any facts which prove that public convenience and necessity require granting a permit: Continue to provide a safe means of transportation for residents of area by approved vehicles, properly insured with experienced, qualified, courteous drivers. 8. Number of vehicles to be operated by the applicant under this permit: 1 vehicle properly painted (white with red lettering). with proper signage. 9. List the year, make and model and motor number of each vehicle to be used as a taxi cab: \ q R b �7- o C-4 o c: a— �,, \ . 10. Address of proposed depots and terminals: (Please indicate the zoning of each address listed): \ k R 5 . ? 44r o }! �vti — . g� �- �o b•'�Y 11. Color scheme or insignia to be used to designate vehicles of applicant (Include picture or drawings): White vehicle with red lettering A-1 Taxi - 763-8393 12. List all persons who have an interest in this business: Ruth G. Krieg and Henry F. Krieg, III 0 • -3- APPLICANT'S STATEMENT I certify that answers given herein are true and complete to the best of my knowledge. I authorize investigation of all statements contained in this application for a taxi cab business permit. <. Jam, —1 •- \ � - (� a Applicant's Signatur Date FOR POLICE DEPARTMENT'S USE This application for a taxi cab pe it v as reviewed and approved �_ or disapproved on % / S ,2005 Police Department Date (Attach written "Inspection of Vehicle report") FOR GENERAL SERVICES USE This application for a taxi cab permit was approved disapproved by the City Council on , 200,'5. This application expires on General Services 200t) - Date FOR FINANCE DEPARTMENT'S USE An application fee of `jfo.o(-j dollars and an occupation fee of dollars has been paid to the Department of Finance on this _LDday of �,c u . 200:5 . &-In� --lQk,5- Finance Depa ent Date TAXI INSPECTION A- �\\ Cow}`t BUSINESS NAME ( OWNER'S NAM_E��4_1 BUSINESS ADDRESS �fcr4.r�ln�s c 1 OWNER'S ADDRESS_ MARE OF VEIL n f r c) YEAR 19 9.5' VEHICLE# 11c c� VIN# 1 S� M C_ I. ALL VEHICLES MUST BE AT LEAST FOUR (4) AND SIX (6) �S OCS PASSENGERS INCLUDING THE DRIVER. 2. MUST HAVE BUSINESS NAME ON FRONT OR REAR DOORS IN o� PAINTED LETTERS NOT LESS THAN 6" NO MORE THAN 12" IN `icy HEIGHT. 3. EACH TAXICAB SHALL BEAR AN IDENTIFYING NUMBER AND G-1�.♦ . \� NO TWO SHALL HAVE THE SAME NUMBER. � O 4. EACH COLOR SCHEME AND LOGO OR MONOGRAM MUST BE APPROVED BY THE CITY COUNCIL. 5. RATE CHART, , AND DRIVERS DISPLAY CARD MUST BE VISIBLE TO THE PASSENGERS IN THE REAR SEAT. &GENERAL EQUIPMENT SAFETY INSPECTION BRAKES HEATER_ HORN A/C MUFFLER TIRES REAR VIEW MIRROR WINDSHIELD WIPERS LIGHTS V OTHER 7. GENERAL CLEANLINESS OF VEHICLE REMARKS INSPECTORS SIGNA' c.\ Sc_ %' ..5�, C i C.'rt \. DATE 07 MScG�N L- '-\- a -2- Okeechobee as references. Give length of acquaintance with each individual. Nettie & Roberts Williams -1954 S. W. 40 Dr. - Okeechobee, Fl -15 years Ronnie Lawrence -150 N. W. 102 St. - Okeechobee, FI -10 years Willard Mays -Okeechobee, Fl. -12 years C �;r _ %\s - X o yE� rs 14. Give the name, address and phone number of all business connections or employers within the last 6 years: Have owned and operated this business for the past Ib 4r6. Prior to that Ruth G. Krieg was a medical consultant and medical practice administrator in south Florida for over twenty years and Henry F. Krieg, III was retired from senior management of Barnett Bank for a period of over twenty years. 15. Give all previous addresses within the last 5 years: 964 County Road 721 Lot 21, Lorida, Florida 33857 re c z4 -:& pcc-� 16. Location of main office: i C CC- (,5,0� Business zoning 17. Explain all driving citations applicant has received within the last 5 years: None 18. Explain all accidents the applicant has been involved in within the last 5 years: 1994 - Taxi hit_.by Another vehicle from the rear at intersection of N. W. 3 Ave. applied brakes and slid into another vehicle, their were no iniuries, and no tickets were issued. 19. Indicate hours and days of proposed operation of each location: Taxi will be operation 7 days a week from 7.00 a.m. until2:00 p.m., Mon., Tues., Wed., and Thurs.., Fri., St., & Sun from 7.00 a.m. until71:00 p.m. 20. Does applicant have liability insurance meeting the following minimum requirements: X Yes No (must include proof). a) For bodily injury to one person, $100,000.00 b) For bodily injuries to more than one person arising out of the same accident or event, $ 300,000.00 c) Property damage, $ 50,000.00 City Attorney's Signature 07/10/2005 23:36 8634675142 ACORD CERTIFICA LAW ILNC.;F- 1P15 LIABILITY INSU HAI:3L E71/lal DAYS (NIMOONN") 07/11/2005 Lawrence Insurance Agency, Inc p. 0. Sox 549 2Oz0 5 Parrott Ave Dkeechobee, FL 34973-OS49 P D Box 1672 Okeechobee, FL 34973-1672 jjMLY AND CQNFI�AS No RIGffTS UPON THE CERTIFIGA►E HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC 9 pJSURERA: Canal Insurance Co M7r-av1vP�THE PC THE POLICIES OF INSURANCE LISTED BELOW RAVE 13 EN ISSUED TO THE INSURED NAMED ABOVE F OR ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO *"IC MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SU15JE4:;T TO ALL THE TER POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NIIMBIER pA CATS COMMEMIAL GENERAL LIABILITY CLAIMS MADE a OCCUR POLICY M JECI' F1 LOC AUT OMOR" LIAnum ANY AUTO ALL UVMD ALIT OS j( SGNEDULEDAU'M A HIPSID AUTOS NOWOWNED ALTOS GARACK LIABILITY ANY AUTO D=8S9RlI011RF11A LIABILITY —1 O=R [:] CLAWS MADE DEDUlUlBLIK PZrK RION $ WORKERS COMPS TION AND 0l>PLDYF" LIABILITY ANYp IETORFPAFTI tEk UT15rL OFFICERIMEMBER ExGWDEDT s;RIA�L wv sloros eemw Ford Crown Victoria SN/21FALP71W977(161558 L1CY PERIOD INDICATED, NOTWITHSTANDING i THIS CERTIFICATE MAY BE ISSUED OR CIS. EXCLUSIONS AND CONDITIONS OF SUCH UMITS EACH OCCURRENCE S PREMISES jFa G=mnmlS S MED EXP (MV one P--an) PEPAONAL &ADV 04JLIKY S GENERALAGW24ATE S PRODUCTS • COMPIOP AGG S LI memm sweLMrT S CoE BODILY INJURY $ (Per pmmn) 100.000 BODILY INJURY $ (Per *wderul 300 PROPERTY DAMAGE S [Per aeddentl 100,000 AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC S 3 AUTO ONLYi A043 EACH OCCURRENCE $ AGGREGATE i S 5 S TORY LR l I R E.L. EACH ACCIDENT 5 £-L. DISEASE - EA Eu:L'LOYE S E.L. DISEASE - POLICY LIMIT S ICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES OF CANCELLED BEFORE THE E NVATR"GATE THMEOF, THE IS:EUING INSURER WILL ENDEAVOR TO MAIL ZQ_ DAYB NRffTTEN NOTICE TO THE CERmcATE HOLDER NAMED TO TM LEFT, City of Okeechobee MM FAILURE TO MAIL SUCM NOTICE &HALL IMPOSE NO OBLIGAT *M OR UAMUW 55 SE 3rd Ave OF ANY KINDUPMTHEIN3IMMrMAGENTSORREPRESENTATIVES. Okeechobee, FL 34974 AUnKWJMRIWREBENTATIVE ACORD 26 (2NIMI) FAX: (863)763-1686 r ` Wm -- RATION IDU • EXHIBIT 9 • Jut_Y 19, 2005 CITY OF OKEECHOBEE (863) 763-3372 FAX (863) 763-1686 CITY DEPARTMENT AGENDA ITEM REQUEST FORM Submitting Department: Finance By: Lola Parker MEETING: REGULAR 0 SPECIAL ❑ WORKSHOP O DATE: July 19, 2005 PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA: tentative millage rate; percent of increase over rollback rate; time and place of meeting for advertising purpose PLEASE STATE RECOMMENDED ACTION BY THE CITY COUNCH,: Motion to approve. PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: millage rate 8.1899; percent over rolled -back rate 28 84• time, date and place 5:01 p.m September 7, 2005 in the City Council Chambers. IF PRESENTATION IS TO BE MADE, PLEASE STATE HOW MUCH TIME YOU ARE REQUESTING: SIGNED BY: vv �� G�G� �n.r%� �- DATE: ��/� /G% s� •Certification of Taxable ValueWCEIVED 9UN 2 9 2005DR-420 1 M/// j��'�Y R.01/95 2005 _Year Okeechobee County (1) Current Year Taxable Value of Real Property for Operating Purposes (2) Current Year Taxable Value of Personal Property for Operating Purposes To City Of Okeechobee (Name of Taxing Authority) 245,704,777 44,947,078 (3) Current Year Taxable Value of Centrally Assessed Property for Operating Purposes $ 982, 060 (4) Current Year Gross Taxable Value for Operating Purposes (1) + (2) + (3) $ 291,633,915 (5) Current Year Net New Taxable Value (New Construction + Additions + Rehabilitative Improvements Increasing Assessed Value By At Least 100% + Annexations - Deletions) $ 6,111,516 (6) Current Year Adjusted Taxable Value (4) - (5) $ 285,522,399 (7) Prior Year Final Gross Taxable Value $ 252,438,710 (From Prior Year Applicable Form DR-403 Series) I do hereby certify the values show herein to be correct to the best of my knowledge and belief. Itness my hand and official signature at Okeechobee Florida. this the 2 R day of , J U ­20 05 Signature oTProperty Appraiser TAXING AUTHORITY: If this portion of the form is not completed in FULL your Authority will be denied TRIM certification and possibly lose its millage levy privilege for the tax year. If any line is inapplicable, enter N/A or -0-. SECTION 11 (8) Prior Year Operating Millage Levy $ 7, / / / ` per $1,000 (9) Prior Year Ad Valorem Proceeds (7) x (8) $ (10) Current Year Rolled -Back Rate (9) divided by (6) $ 5 per $1,000 (11) Current Year Proposed Operating Millage Rate $ �. e� �% ner 11 _nnn (12) Check TYPE of Taxing Authority: County Dependent District Municipal Service Taxing Unit Municipality Independent Multi -County Water Management District Special District k 101 it ucrf=1wcrr ! UM I PUG I UK M51 U 15 MAKICEU, PLEASE 5EE REVERSE SIDE. (14) Current Year Millage Levy for VOTED DEBT SERVICE $ — per $1,000 (15) Current Year Millage Levy for OTHER VOTED MILLAGE $ per $1,000 (16) Enter Total Prior Year Ad Valorem Proceeds of ALL DEPENDENT Special Districts $ and MSTU's levying a millage. (The sum of Line (9) from each District's Form DR-420) (17) Total Prior Year: Proceeds: (9) + (16) 0 8) The Current Year Aggregate Rolled -back Rate: (17) divided by (6) (19) Current Year Aggregate Rolled -back Taxes: (4) x (18) (20) Enter Total of all non -voted Ad Valorem Taxes proposed to be levied by the Principal Taxing Authority, all Dependent Districts, and MSTU's if any. Line (11) x Line (4) (21) Current Year Proposed Aggregate Millage Rate: (20) divided by (4) (22) Current Year Proposed Rate as a PERCENT CHANGE of Rolled -back Rate: $��— e' $� per $1,000 $ J; 3 ZZ �1 per $1,000 [(Line 21 divided by Line 18) - 1.00] x 100 a�, $�/ % Date, Time and Place of the first Public Budget Hearing: ge ,le In ke N q' A, I- : f" ra ^ mbe-hS 5'5 S!= ��-+ � L)� Oke c4 6-e-�zl y7 . I do hereby certify the millages and rates shown herein to be correct to the best of my knowledge and belief. FURTHER, I certify that all millages comply with the provisions of Section 200.071 or 200.081, F.S. WITNESS my hand and official signature at , Florida, this the day of ,20 Signature of Chief Administrative Officer and Title Mailing Address Address of Physical Location Name of Contact Person city State Zip Phone # Fax # See Instructions on Reverse Side august • • September 20os • 0