Loading...
2005-08-02 Regular Meeting1 CITY OF OKEECHOBEE AUGUST 2, 2005 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: August 2, 2005 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: -- Invocation by Pastor Duane Eatmon, Treasure Island Baptist Church; Pledge of Allegiance led by Mayor. 111. 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 Mayor Kirk called the August 2, 2005 Regular City Council Meeting to order at 6:00 p.m. The Invocation was offered by Pastor Duane Eatmon from Treasure Island Baptist Church; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present 313 PAGE 10F 18 ITEM ADDED TO AGENDA: PRESENTATIONS AND PROCLAMATIONS -Mayor. Mayor Kirk proclaimed August 7 through 13, 2005 as "NATIONAL COMMUNITYHEALTH CENTER WEEK" and read Proclaim the week of August 7-13, 2005 as "NATIONAL COMMUNITY the following proclamation into the record: HEALTH CENTER WEEK." 314 AUGUST 2, 2005 -REGULAR MEETING -PAGE 2 OF 18 ITEM ADDED TO AGENDA: PRESENTATIONS AND PROCLAMATIONS CONTINUED. Proclaim the week of August 7-13, 2005 as "NATIONAL COMMUNITY WHEREAS, Florida Community Health Centers, Inc. are nonprofit community -owned and operated health HEALTH CENTER WEEK" continued. centers serving the uninsured and medically undeserved people in Okeechobee County; and WHEREAS, Florida CommunityHealth Centers, Inc. expands access to qualityhealth care forall people and contain health care costs by fostering prevention and integrating the delivery of primary care with aggressive outreach, padenteducadon, translation and otherenabling services; and WHEREAS, Florida CommunityHealth Centers, Inc. has made great strides in Okeechobee County's health care system specifically by, maintaining high standards of accountability, demonstrating cost effectiveness and efiicience in the delivery of care, and empowering the community to address unmethealth needs, reduce health disparities, andreduce preventable - deaths, costly disabilities, and communicable diseases; and WHEREAS, there is a continuing need to support implementation of Community Health Centers throughout the State of Florida as part of Florida's enduring commitment to the provision of quality primary health care; and WHEREAS, Florida Community Health Centers, Inc. promotes 100 percent access and zero health disparities to help achieve primary health care for all people. NOW THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do herebyproclaim August 7-13, 2005 as "NATIONAL COMMUNITYHEALTH CENTER WEEK" In Okeechobee, Florida and urge citizens to recognize the important contributions of Florida Community Health Centers, Inc. in safeguarding health and improving the quality of life for all people in the City of Okeechobee." Ms. Molly Ferguson, Directorof Program Development for Florida Community Health Centers and Mrs. Missy McNabb were present to receive the proclamation. DEDICATION OF CITY SEAL MURAL IN CELEBRATION OF THE CITY'S 90TH Mayor Kirk took this time to thank the Historical Society for their gift of the City Seal Mural, which was painted ANNIVERSARY, PRESENTED BY THE HISTORICAL SOCIETY - Mayor. on the North side wall of the City Hall building, in honor of the City's 90t, Anniversary. A dedication of the Mural took place at 5:00 P.M. on the lawn of City Hall prior to the Council Meeting. The Historical Society to Board of Directors and Council Members were present at the dedication as were fellow citizens of Okeechobee. Mayor Kirk presented to Betty Williamson, President of the Historical Society, a Certificate of Appreciation which read: "Office of the Mayor, Okeechobee, Florida, extends this expression of appreciation to Okeechobee Historical Society in recognition of Outstanding Service to the Community. The City and fellow citizens are greatly appreciative of your contribution of the City Seal Mural at City Hall." Mayor Kirk also thanked artist Kathy Scott, who also was present at the dedication, for her time and talent of painting the mural. 1 AUGUST 2, 2005 - REGULAR MEETING - PAGE 3 OF 18 315 1 1 IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the July 19, 2005 Regular Meeting. V. AGENDA - Mayor. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the July 19, 2005 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's III Mayor Kirk asked whether there were any additions, deferrals, or withdrawals of items on today's agenda. There were agenda. 111 none. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:07 P.M. A.1. a) Motion to read by title only, proposed Ordinance No. 902, amending Council Member Watford moved to read by title only, proposed Ordinance No. 902, amending the Future Land Use the Future Land Use Map, Application No. 05-009-SSA submitted Map, Application No. 05-009-SSA submitted by Haynes and Susan Williams; seconded by Council Member Williams. by Haynes and Susan Williams - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. 316 AUGUST 2, 2005 - REGULAR MEETING - PAGE 4 OF 18 VI. PUBLIC HEARING CONTINUED. A.1. c) City Attorney to read proposed Ordinance No. 902 by title only. 2. a) Motion to adopt Ordinance No. 902. (Land Planning Agency recommends approval) b) Public comments and discussion. Attorney Cook read proposed Ordinance No. 902 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDINGTHE CITYOFOKEECHOBEECOMPREHENSNEPLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FOR AN EFFECTIVE DATE." Council Member Williams moved to adopt proposed Ordinance No. 902; seconded by Council Member Chandler. This ordinance pertains to Comprehensive Plan Future Land Use Map Amendment Application No. 05-009-SSA submitted by the property owners, Haynes and Susan Williams. The property is located at 408 Northeast 3rd Street with Legal Description as Lot 3 and the West 10 feet of Lot 2 of Block 144, City of Okeechobee. The property is approximately 0.20 acre(s). The request is to change the Future Land Use designation from SF to C. Mr. Jim LaRue, City Planning Consultant, was present and addressed the Council with the description of the property, it being a two-story duplex with the bottom section being used as a commercial business and the top section being used as an apartment. The owners are proposing to keep the existing use. Mr. Williams, property owner, distributed maps to the Council which indicated the numerous existing commercial uses in the surrounding area. Planning Staff Report Comprehensive Plan Analysis: (A) Consistency with the Land Use Categories and Plan Policies. As proposed the applicant's request would be inconsistent with the C land use category and the Plan Policies that control such uses. (B) Concurrency of Adequate Public Facilities. The subject property is already developed and is included with the City's service area. (C) Compatibility with Adjacent and Nearby Land Uses. The existing neighborhood seems to reflect a low level of residential intensity with little commercial areas in the neighborhood. Commercial uses would be inconsistent with the existing pattern of nearby land uses. (D) Compliance with Specific Standards of the Plan. There is no evidence presented to show this property, in terms of compatibility, would be best served by changing its Future Land Use Classification to C. 1 L_ AUGUST 2, 2005 - REGULAR MEETING - PAGE 5 OF 18 317 VI. PUBLIC HEARING CONTINUED, A. 2. b) Public comments and discussion continued. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. VII. NEW BUSINESS. Clerk Gamiotea reported by memorandum in Exhibit One, all fees have been paid. The ordinance was advertised in the Okeechobee News on July 22. The Planning Staff found the application not to be in compliance with the Comprehensive Plan and does not recommend approval. However, the Land Planning Agency discussed the application at their July 26, 2005 meeting, found the application to be consistent with the Comprehensive Plan and is recommending approval. It is not necessary to mail notices to the surrounding property owners, nor post a sign on the property since this is a small scale amendment (less than 10 acres). There is a Rezoning Application in process for the property as well (No. 05-006-R). Mayor Kirk asked whether there were any questions or comments from the public. There were none. Mayor Kirk then opened the floor for discussion between the Council. Council Member Watford remarked that what makes this request favorable is the mixed use of the proposal with the commercial use on the bottom floor and the residential use on the top floor. Council Member Markham noted that the surrounding area looks like a mixed variety of uses even with multi -family and that this area will likely be more commercial. He also noted that the applicant should be able to meet most of the set backs and parking due to how the site is laid out. Mr. Williams stated there have not been any parking problems or complaints from the residential areas. He has been operating from this location, due to destruction of their building during the Hurricanes in September of 2004. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:23 P.M. A.1. a) Motion to read by title only and set August 16, 2005 as a final public Council Member Williams moved to read by title only, and set August 16, 2005 as a final public hearing date for hearing date for proposed Ordinance No. 903, regarding Rezoning proposed Ordinance No. 903, regarding Rezoning Petition No. 05-006-R submitted by Haynes and Susan Williams; Petition No. 05-006-R submitted by Haynes and Susan Williams - seconded by Council Member Watford. City Planning Consultant (Exhibit 2). AUGUST 2, 2005 - REGULAR MEETING - PAGE 6 OF 18 VII. NEW BUSINESS CONTINUED. A.1. b) Vote on motion to read by title only and set final public hearing date c) City Attorney to read proposed Ordinance No. 903 by title only 2. a) Motion to approve the first reading of proposed Ordinance No. 903. b) Discussion. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 903 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 RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE " Council Member Markham moved to approve the first reading of proposed Ordinance No. 903; seconded by Council Member Williams. Mayor Kirk asked whether there were any questions or comments from the public. There were none. This Ordinance amends the Zoning designation on Lot 3 and the West 10 Feet of Lot 2 of Block 144, City of Okeechobee, located at 408 Northeast 3rd Street from RSF-1 to CLT. The application was submitted by property owners Haynes E. and Susan Williams. Planning Staff Report Summary: The subject property is in an area with residential uses. The residential use for this property is compatible with the abutting properties; however, the real estate office does not suit the neighborhood. The proposed zoning of CLT would be consistent with the Commercial Future Land Use designation if approved in a separate application. The proposed zoning, on the other hand, is not consistent with the surrounding land uses. Planning Staff Report Analysis: (A) The application is not consistent with the requirements of the City's Comprehensive Plan. The applicant's request for a Small Scale Land Use Map Amendment to allow a Commercial Land Use Category is inconsistent as it pertains to the intent and use of the Commercial Land Use Category as described in the Comprehensive Plan. The current SF Future Land Use Category and the current RSF-1 Zoning District are both compatible with each other. (B) The current residential use is authorized under the current RSF-1 Zoning District. The commercial use is not. If this request is granted then the situation would be the same but vice n AUGUST 2, 2005 - REGULAR MEETING - PAGE 7 OF 18 319 VII. NEW BUSINESS CONTINUED. A. 2. b) Discussion continued. Planning Staff Report Analysis (B) continued: versa. Whereas the commercial use would be compatible with the CLT zoning, but the residential use would not be compatible. (C) The proposed zoning to CLT could have an adverse effect on the public interest. (D) The use is not appropriate for this location. The office space stated as "temporary" on the application but is still not compatible with adjacent land uses and would be detrimental to urbanizing land use patterns. (E) The commercial use could adversely affect property values and be a deterrent to development to adjacent residential areas. (F) If necessary, the proposed change can be suitably buffered from the surrounding uses. (G) The use will not overburden public facilities. (H) The proposed change could increase traffic congestion or otherwise affect public safety. (1) The only restrictions on this property are those set forth by the Comprehensive Plan and the Land Development Code. (J) If granted, the change will constitute a special privilege to the owner by allowing commercial uses in a residential neighborhood. Planning Staff Report Recommendation: Staff recommends denial of the request to allow rezoning from RSF-1 to CLT based on the above data and analysis. The Planning Board discussed this application at their July 26, 2005 meeting and found the application to be consistent with the Comprehensive Plan and are recommending approval. Mr. LaRue noted that since the Council approved the future land use change during the public hearing, it would be consistent to approve the zoning as well. c) Vote on motion. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. B.1. a) Motion to read by title only and set August 16, 2005 as a final public Council Member Williams moved to read by title only, and set August 16, 2005 as a final public hearing date for hearing date for proposed Ordinance No. 904 regarding Rezoning proposed Ordinance No. 904 regarding Rezoning Petition No. 05-007-R, submitted by William and Catherine Fagan; Petition No. 05-007-R, submitted by William and Catherine Fagan - seconded by Council Member Chandler. City Planning Consultant (Exhibit 3). 11 320 AUGUST 2, 2005 - REGULAR MEETING - PAGE 8 OF 18 VII. NEW BUSINESS CONTINUED. B.1. b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 904 by title only. Attorney Cook read proposed Ordinance No. 904 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OFLAND MORE PARTICULARLYDESCRIBED HEREIN, FROM HEAVYCOMMERCIAL (CHV) ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 904. III Council Member Williams moved to approve the first reading of proposed Ordinance No. 904; seconded by Council Member Chandler. b) Discussion. III Mayor Kirk asked whether there were any questions or comments from the public. There were none. This Ordinance amends the Zoning designation on Lots 21 and 22 of Block 3, City of Okeechobee, located in the 100 block of Northeast 101h Street from CHV to RMF. The application was submitted by property owners William and Catherine Fagan. Planning Staff Report Analysis: (A) Residential Multi -Family use and Residential Multiple Family Zoning is consistent with the Comprehensive Plan policies and the Future Land Use Map designation of Multi -Family for this property. (B) Multi -Family development is authorized under the Residential Multiple Family Zoning District. (C) Multi - Family dwellings will not adversely affect 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 development of adjacent property. (F) If necessary, site plan requirements can help to reduce any impacts upon the neighborhood. (G) Currently the Okeechobee Utility Authority (OUA) has a 12-inch sewer force -main along Northeast 3rd Avenue and along Northeast 11 th Street from Northeast 3rd Avenue to North Parrott Avenue. Any sewer connection would require a lift station. The lift station could be constructed to OUA standards and OUA would own and operate the lift station after construction is complete. The developer could construct a smaller lift station, but the lift station would be considered 1 AUGUST 2, 2005 - REGULAR MEETING - PAGE 9 OF 18 321 VII. NEW BUSINESS CONTINUED. B. 2. b) Discussion continued. c) Vote on motion. (G continued) private and must be maintained by the property owner. The OUA has a 18-inch water main within the alleyway of Block 31. Any extensions to the east must be large enough to provide fire protection through a fire hydrant. (H) Construction standards should solve any potential flooding or drainage problems. (1) The proposed use has not been inordinately burdened by unnecessary restrictions. (J) The subject property is surrounded on two sides by similarly zoned parcels. The proposed change would not grant special privilege to the owner. City Planning Consultant, Jim LaRue, presented to the Council that the Planning Staff and Planning Board recommends approval, and noted that Okeechobee needs more multi -family development. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. C.1. a) Motion to read by title only and set September 7, 2005 as a final Council Member Williams moved to read by title only, and set September 7, 2005 as a final public hearing date for public hearing date for proposed Ordinance No. 905 regarding Alley proposed Ordinance No. 905 regarding Alley Closing Application No. 75, submitted by Hubert and Rachel Phillips; Closing Application No. 75, submitted by Hubert and Rachel Phillips seconded by Council Member Chandler. - City Attorney (Exhibit 4). b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. 322 AUGUST 2, 2005 -REGULAR MEETING -PAGE 10 OF 18 VII. NEW BUSINESS CONTINUED. C.1. c) City Attorney to read proposed Ordinance No. 905 by title only. Attorney Cook read proposed Ordinance No. 905 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING A PORTION OF THE ALLEY OR ALLEYWAYAS DESCRIBED HEREIN, WITHIN BLOCK 17, SOUTH OKEECHOBEE, AS RECORDED IN PLAT BOOK 3, PAGE 37, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 905. Council Member Markham moved to approve the first reading of proposed Ordinance No. 905; seconded by Council Member Williams. b) Discussion. Mayor Kirk asked whether there were any questions or comments from the public. There were none. c) Vote on motion. Council Member Chandler advised that he spoke with Ms. Leona Walker, property owner of Lots 7, 8, 9 and 10 of Block 17, South Okeechobee, and she explained that she has no objection to closing the alley as long as the City closes only the portion Dairy Queen is needing. This ordinance proposes to close only the portion of the alley between Lots 5, 6, 11 and 12. Mr. Jim LaRue confirmed that the alley closing is needed to proceed with the renovations. Project Manager and Engineer Steve Dobbs was present to address questions from the Council. Council Member Markham stated his objections to street and alley closings since the City may need these for drainage or other public uses in the future. Council Member Chandler suggested that culverts be installed as long as the parking can be counted in the alleyway. That way the City, and the owners will benefit from the use of the alley. Council Member Williams asked Attorney Cook whether this is a feasible request? Attorney Cook replied that something could be worked out. No further action was taken to move in this direction, but to continue with the Ordinance for abandonment. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. �7 AUGUST 2, 2005 - REGULAR MEETING - PAGE 11 OF 18 323 1 VII. NEW BUSINESS CONTINUED. D. Consider Alley Closing Application No. 76 submitted by Believer's Fellowship Church - City Clerk (Exhibit 5). The Believers Fellowship Church is requesting to close the alley between Lots 1, 2, 3 and 10,11,12 of Block 179, City of Okeechobee, for future planning. There were no objections from the utility companies, but OUA noted that the church would have to relocate the meter at their own expense and they will need an easement for the church meter and water line. Public Works Director Robertson and Administrator Whitehall object to the closing, and offer that they would prefer a use of alley agreement in place of an abandonment to keep the alleys open for drainage. Engineer Bermudez stated that the Southwest section of the City has a critical drainage problem and is objecting as well. Council Member Chandler moved to instructAttompy Cook to drawthe necessary ordinance forAlley Closing Application No. 76: seconded by Council Member Williams. Mr. John Ritter, a member of the congregation of the Believer's Fellowship Church was present to represent them and speak on their behalf. The reasons the church is requesting to close this alley is for the safety and more parking space for their church functions. He reported that there are vehicles that drive through the alleyway and for the safety of those walking across, it would be best for the alleyway to be closed. It would allow for more parking space when their church has special services or functions and it would link the properties that the church owns on both sides. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. E. Consider Alley Closing Application No. 77 submitted by Ronnie and The applicant's, Ronnie and Ellain Lawrence are requesting that the South one-half of alley located between Lots 4, Ellain Lawrence - City Clerk (Exhibit 6). 5, 6 and 10,11,12 of Block 16, South Okeechobee, be closed for the development of Lots 10,11 and 12. There were no objections from the utility companies. City Staff Engineer Bermudez is objecting to the request since the area is in a critical drainage area of the City. Administrator Whitehall concurs with City Engineer Bermudez. Council Member Williams instructed Attorney Cook to prepare the necessary Ordinance and bring back to Council for consideration, Alley Closing Application No. 77: seconded by Council Member Chandler. 324 AUGUST 2, 2005 - REGULAR MEETING - PAGE 12 OF 18 VII. NEW BUSINESS CONTINUED. E. Consider Alley Closing Application No. 77 submitted by Ronnie and Ellain Lawrence continued. F.1. a) Motion to read by title only and set August 16, 2005 as a final public hearing date for proposed Ordinance,No. 906 amending Section 82- 61 Development in and Adjacent to a designated wellhead - City Attorney (Exhibit 7). b) Vote on motion to read by title only and set final public hearing date c) City Attorney to read proposed Ordinance No. 906 by title only 2. a) Motion to approve the first reading of proposed Ordinance No. 906. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMs - YEA MOTION CARRIED. Council Member Watford moved to read by title only, and set August 16, 2005 as a final public hearing date for proposed Ordinance No. 906 amending Section 82-61 Development in and adjacent to a designated wellhead; seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMs - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 906 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO.716 LAND DEVELOPMENT REGULATIONS SECTION 82-61 THEREOF, TO AMEND THE REQUIREMENTS AND STANDARDS CONCERNING WELLHEAD PROTECTION AREA TO CONFORM TO THE COMPREHENSIVE PLAN, PROVIDING FOR DEVELOPMENT STANDARDS, RESTRICTIONS AND PROHIBITIONS, PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE " Council Member Markham moved to approve the first reading of proposed Ordinance No. 906; seconded by Council Member Williams. 1 AUGUST 2, 2005 - REGULAR MEETING - PAGE 13 OF 18 325 VII. NEW BUSINESS CONTINUED. F. 2. b) Discussion. City Attorney Cook explained that the existing land development regulations pertaining to wellhead protection were vague and subject to different interpretations as to the type of development that could occur or be prohibited within the wellhead protection zone. With this new amendment the language is clear and concise as of the type of development and it is consistent with the regulations by the State Department of Environmental Protection. There was a brief discussion. c) Vote on motion. VOTE KIRK - YEA -' CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. G. Motion to adopt proposed Resolution No. 05-09 regarding the Fire III Council Member Williams moved to adopt proposed Resolution No. 05-09 regarding the Fire Fighters Union; seconded Fighters Union - City Attorney (Exhibit 8). by Council Member Chandler. Attorney Cook read by title only proposed Resolution No. 05-09 as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RECOGNIZING THE FORMATION OF THE FIREFIGHTERS INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (►AFC LOCAL UNION NO. 2918; PUBLIC EMPLOYEE RELATIONS COMMISSION (PERC) REGISTRATION 86-304; RECOGNIZING THE OKEECHOBEE COUNTY FIRE SUPPRESSION AND RESCUE ASSOCIATION LOCAL 2918 AS THE COLLECTIVE BARGAINING AGENT FOR THE CITY EMPLOYEES/FIREFIGHTERS PENDING CERTIFICATION BY PERC; PROVIDING AN EFFECTIVE DATE." Council Member Markham asked when will this Resolution be in effect? Attorney Cook replied that this was one step in the process. The firefighters apply to PERC for certification. After certification, then the two parties can begin the bargaining process. 326 AUGUST 2, 2005 - REGULAR MEETING - PAGE 14 OF 18 VII. NEW BUSINESS CONTINUED. G. Motion to adopt proposed Resolution No. 05-09 regarding the Fire Fighters Union continued. H. Discuss a moratorium on Street and -Alley Closing Applications - Mayor Kirk. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. Mayor Kirk began the discussion regarding a moratorium on street and alley closings by stating, I may be asking for something I am not sure we can do. However, I would like to remind everyone of a memorandum we receive from Engineer Bermudez, which is a standard correspondence that he attaches to most of the applications. "We are aware of the critical drainage problems in the City especially in the Southwest section, and for that reason the engineering office will not recommend approval for the alley closing request. It is the Engineering Department's opinion that the Cityshould be very cautious before abandoning any alley's." Mayor Kirk continued, as a homeowner in the Southwest section, I can tell you that some of us are getting flooded out, and something has to give. "Moratorium" may not be the correct word to use, but we need to do something. I sympathize with the businesses that are trying to develop within our codes, yet, somewhere we are going to have to listen to our engineer, or we will continue to see a lot more standing water when it rains. It might get to a point where we have to cut ditches in every right-of-way we have and then there would be a public outcry. The Council then held a very lengthy discussion regarding whether a temporary moratorium would be a sufficient means to handle this problem until a master drainage plan is completed. The plan would indicate what streets and alleys' will be needed and what their roles are for the drainage system or utility easements. It was noted that there have been requests to close alleyways, for example, when someone owns the entire block and is putting a structure in the center of the block. It would not be appropriate to stop those types of closings. Mr. Sonny Williamson, property owner of Plaza 300, was present and asked the Council to reconsider the moratorium for the street and alley closings. He explained that he is in the process of expanding the plaza and the engineer stated that the planning of this expansion will be as whether or not the alley can be closed. He remarked that he is not trying to be an exception but there is planning and growth happening in our City, and an adoption of standards instead of a moratorium would be in the best interest and welfare of the public. n 327 VII. NEW BUSINESS CONTINUED. H. Discuss a moratorium on Street and Alley Closing Applications continued. I. Discuss the 2004/2005 Fiscal Year Roadway Improvements Project - Engineer Bermudez. J. Discuss a Code complaint located at 1002 Southeast 8" Drive - Council Member Chandler. AUGUST 2, 2005 - REGULAR MEETING - PAGE 15 OF 18 Following the discussion, Mayor Kirk instructed Administrator Whitehall, Public Works Director Robertson, Engineer Bermudez and Planning Consultant LaRue to report back to the Council what are the purposes of alleyways and what role will theyplay in the future for the City. The Council also discussed the fact that they have a set of guidelines and procedures for accepting applications for closing streets and alleys. Sticking to those guidelines and not deviating from them, might also eliminate some of the problems. Council requested that ClerkGamiotea research the guidelines and procedures other municipalities may have. Administrator Whitehall provided maps for the Council which indicated and listed the proposed streets for the 2004/2005 Fiscal Year Roadway Improvements Project. There is a budget of two hundred thousand dollars ($200,000.00). The streets suggested for resurfacing are: Southeast 41h Street, from Southeast 15m Avenue to Southeast 10" Avenue. Southeast 91h Avenue, from Southeast 71h Street to Southeast 4th Street. Southeast 9" Avenue, from Southeast 11th Street to Southeast 14th Street. Southeast 8" Drive, from Southeast 151h Street to Southeast 10th Street. Southeast 81h Avenue, from Southeast 81h Street to City Limit. Southeast 141h Street, from Southeast 81h Drive to Southeast 9th Avenue. Southeast 14th Court, from Southeast 8`h Street to Southeast 91h Avenue. Southeast V Street, from Southeast 8th Drive to Southeast 81h Avenue. Southwest 5" Drive, from Southwest 51h Avenue to Southwest 21st Street. Southwest 21" Street, from Southwest 71h Avenue to South Parrott Avenue. There was no official action taken on this item. Administrator Whitehall provided this for information purposes and asked for input by the Council before the next meeting scheduled for August 16, 2005. Council Member Chandler remarked that he has received several calls and complaints in regards to a residence located at 1002 Southeast 8m Drive. There was no official action taken on this mater as it is scheduled to be addressed by the Code Enforcement Board at their August 9, 2005 regularly scheduled meeting. 328 AUGUST 2, 2005 - REGULAR MEETING - PAGE 16 OF 18 VII. NEW BUSINESS CONTINUED. K. Discuss termination of employment of J. Thomas Raulerson; status On October 19, 2004, Attorney Bryant appeared before the City Council on behalf of his client, Mr. John Thomas of hearing offered by City Council on October 29, 2004; consider Raulerson requesting a hearing as per Florida Statutes Chapter 112. After a lengthy discussion, the Council did not rescinding offer to hold F.S. Ch. 112 hearing - City Attorney move to override the Chiefs decision of termination. The following was the official action taken: Motion and second by Council Members Watford and Markham to instruct Police Chief Davis to provide a Chapter 112, F.S. hearing to Mr. Raulerson. According to the statute, the hearing committee is made up three certified law enforcement officers. One chosen by Chief Davis, one chosen by Mr. Raulerson and a third chosen by the other two members. On this date, Attorney Bryant explained that Mr. Raulerson could not get anyone to sit on the committee for him. Therefore, the hearing cannot be held. Attorney Bryant then requested that the City Council host the hearing. City Attorney Cook strongly opposed this request and suggested that the Council not be the hearing committee. Mayor Kirk agreed that _- it would not be a good idea for the City Council to do that. As discussions ensued, Mayor Kirk and Council Member Chandler offered that they were astonished that Mr. Raulerson could not get someone to sit on the committee. The criteria for a committee person is, a state certified law enforcement officer, of any field or rank, within Okeechobee County. They could be from the City Police Department, Okeechobee County Sheriff's Office, Game and Fresh Water Fish Commission or a State Trooper. Attorney Bryant offered that being in such a small community, everyone was aware of the issue with Mr. Raulerson and did not want to become involved themselves. Council Member Williams began making a statement that she was a regular city employee when Mr. Raulerson was terminated. She was aware of the situations that surrounded the termination and for the record, she has spoken with everyone involved. She did not believe the termination was handled appropriately. She urged all department heads to make sure employee behavior problems are always documented to keep matters like this from happening in the future. Council Member Watford added that we have all discussed this a lot and thought about it a lot. I have discussed it with several parties involved. It appears to me that we did not offer Mr. Raulerson a time to refute the charges made against him at a formal hearing. He firmly believed we, the City, needs to find a way to offer that to him and we need to find a way to resolve this issue, short of a lawsuit, or we need to make some attempt before it goes that way. We have an opportunity and obligation to take that step. Mayor Kirk replied that he thought that is what we agreed to do back on October 19, 2004, which now Attorney Bryant is saying that his client cannot do. E j 1 AUGUST 2, 2005 - REGULAR MEETING - PAGE 17 OF 18 329 VII. NEW BUSINESS CONTINUED. K. Discuss termination of employment of J. Thomas Raulerson, status Attorney Cook added that the mechanics of the policy for termination were followed and a hearing was not required of hearing offered by City Council on October 29, 2004; consider under the circumstances. He and Administrator Veach were involved with the decision and offered guidance to the rescinding offer to hold F.S. Ch. 112 hearing continued. Chief. There were a lot of items that contributed to that final decision for termination. The Council may not know everything that was taken into consideration. The Council needs to consider one very important matter. A hearing can be held. You can offer various ways to hold the hearing. But, what does the Council expect this committee to do? He urged them to think long and hard, no matter how many hearings the City holds, the outcome of Mr. 11 Raulerson's termination will not change unless this Council is willing to override Chief Davis' final decision. Council Member Watford then offered, we have to make a decision. There are three choices from what I can see.' One, do nothing, let it drag on or take its own course. Two, grant the request and the City Council act as the committee to give hearing. Or, Three, come up with a system or hold a hearing. Council Member Watford moved to instruct the City Clerk to investigate other city's police department systems they may have for investigating complaints against police officers as per Florida Statutes Chapter 112 and other than Chapter 112, then bring the research back to the Council; seconded by Council Member Williams. Council Member Markham questioned, this is only for information purposes only? Council Member Watford responded, right, then at that point we will know whether we want to put that system in place and offer it to Mr. Raulerson. The Mayor stated he had no problem with making sure we are not missing the boat. Whatever we do, this needs to be brought to some type of conclusion. It is not fair for all parties involved to allow this to drag on. He also stated that he agreed with Council Member Markham's comment, we will have to stop somewhere, we cannot just keep creating idea's or ways to create a committee just because it does not work for the benefit of Mr. Raulerson. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. 330 AUGUST 2, 2005 - REGULAR MEETING - PAGE 18 OF 18 Vill. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. James E. Kirk, Mayor ATTEST: Lane Gamiatea, 6MC, City Clerk THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 8:45 P.M. The next regularly scheduled meeting is August 16, 2005. 1 1 AFFIDAVIT OF P*ISHER OKEECHOBEE TIMES 106 S.E. Sth St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a _Notice of Citv Council Meeting PO 412861 in the matter of City of Okeechobee City of Okeechobee 55 SE Third Avenue Okeechobee FL 34974-2932 In the ourt was published in said newspaper in the issues of 07/28/20051 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. James A. Hughes, Jr., (Publisher) Sworn to and subscribed before me this _ 2 day of A.D. 2005 (SEAL) Notary Public OS,-7P'/ - ealee A. Brennan Commission #DD318483 - Expires: Jun 25, 2009 �� rFOF F 10P Bonded Thr32 Atlantic Bonding Co., Inc. CITY COUNCIL MEETING NOTICE NOTICE IS. HEREBY GIVEN that the City of Okeechobee: City. Council will, meet in Regular Session on. Tuesday, August 2, 2005, 6:6 0 pm, City Hall, 55 SE 3rd Ave., Rm200, Okeechobee, Florida. The public is invited and encouraged to attend. For a copy of the agenda contact City. Administration at (863) 763-3372 z 212. PLEASE TAKE NOTICE AND BE 'ADVISED that if any person desire,, o.ap-. peal any decision made by. the City C=1 Withrespectto any matter considered at this meeting, such -interested person will need a record of the proceedings, and for such put-. pose. may need to ensure a verbatimrecord of the proceedings is made, which record in- cludes the testimony and evidence upon which the appeal is to be based Tapes am used.. for thesolepurpose of back-up for the Clerk's Office. - In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing .spe,- cial accommodation to participate in, this,pto- ceeding -should contact Lone Gamiotea, no later than two (2) working days prim... to the proceeding at 863.763-3372 z 214; if you are hearing or voice impaired, call TDD 1-800- 222-3448 (voice) or 1-888-447-5620 CrM.. by: James I- Kirk, Mayor Low Gamiotea, CMC, City Clerk PUBLISH 07 =2005 . OKEECHOBEE TIMES Page -I- Tape 1 side A CITY OF OKEECHOBEE - August 2, 2005 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Kirk August 2, 2005, City Council Regular Meeting 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Duane Eatmon, Treasure Island Baptist Church: Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings i t Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson Y� V� j PROCLAMATIONS. Proclaim the week of August 7-13, 2005 as "National Community Health Center Week " Mayor Kirk read in its entirety the proclamation: 'WHEREAS, Florida Community Health Centers, Inc. are nonprofit community -owned and operated health centers serving the uninsured and medically underserved people in Okeechobee County; and WHEREAS, Florida Community Health Centers, Inc. expands access to quality health care for all people and contain health care costs by fostering prevention and integrating the delivery of primary care with aggressive outreach, patient education, translation and other enabling services; and WHEREAS, Florida Community Health Centers, Inc. has made great strides in Okeechobee County's health carp system specifically by maintaining high standards of accountability, demonstrating cost effectiveness and efficience in the deliveryof care, and empowering the community to address unmet health needs, reduce health disparities, and reduce preventable deaths, costij disabilities, and communicable diseases; and WHEREAS, there is a continuing need to support implementation of Community Health Centers throughout the State of Florida as part of Florida's enduring commitment to the provision of quality primary health care; and WHEREAS, Florida Community Health Centers, Inc. promotes 100% access and zero health disparities to help achieve primary health care for all people. NOW THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim August 7-13, 2005 as "NATIONAL COMMUNITY HEALTH CENTER WEEK" In Okeechobee, Florida anti urge citizens to recognize the important contributions of Florida Community Health Centers, Inc. in safeguarding health and improving the quality of life for all people in the City of Okeechobee. • ri Page -2- IV. MINUTES - City Clerk. A. Council Membermoved to dispense with the reading and approve the Summary of Council Action for the July 19, 2005 Regular Meeting; seconded by Council Member (,t)tWj,-&,^ . VOTE KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/66,RRI[ED. V. AGENDA - Mayor. A. Requests for the adotion, deferral or withdrawal of items on today's agenda. VI. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT P.M. A.1. a) Council Mem�jer -� t_r �' moved to read by title only, proposed Ordinance No. 902, amending the Future LanU Use Map, A.E plication No. 05-009-SSA submitted by Hay ne end Susan Williams - City Planning Consultant (Exhibit 1); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN .ABSENT KIRK CHANDLER MARKHAM. WATFORD WILLIAMS -- ... MOTION: DENIEDICARRIED. c) Attorney Cook read proposed Jrdinance No. 902 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FL JRIDAAMENDING THE CITYOFOKEECHOBEE COMPREHENSIVE P'AN, ORDINANCE NO.6315 AS AMENDED, SY REVISING THE FUTURE LAND USE MAP ON CERTAIN TRACT OF -LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAUD USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Membermoved to adopt proposed Ordinance No, 902; seconded by Council Member:__ 0 ,x b) Public comments and discussion. Clerk Gamiotea repated gay memorandum in Exhibit One, all fee!; have been paid. she ordinance was advertised in the q eechobee News on July 22. The Planning ,.:staff found the application not to be in compliance with thi; Comprehensive Plan and does not recommerd approval. The Land Planning Agency is recommending,approval. It is not necessary to mail notices to the, surrounding property owners, nor post a sign on the ptipFrty since this is a small scale amendment (less than 10 acres). There is a Rezoning Application inProUass for the property as well (No. 05-006-R). Planning Sta►fl Rport Summary of Application: The subject prop: rty is developed witiT a 2-stori duplex that is curreniipeing used as an office (downstairs) and a rental apartment (upstairs). The applicznt is not proposing to range the existing use. only the FLU And tZoning. e r , I x • 0 Page -3- Planning Staff Report Comprehensive Plan Analysis: (A) Consistency with the Land Use Categories and Plan Policies. As proposed the applicant's request would be inconsistent with the Commercial land use category and the Plan policies tha control such uses. (B) Concurrency of Adequate Public Facilities. The subject property is already developed and is included with the City's service area. (C) Compatibility with Adjacent and Nearby Land Uses. The existing neighborhood seems to reflect a low level of residential intensity with little commercial areas in the neighborhood. Commercial uses would be inconsistent with the existing pattern of nearby land uses. (D) Compliance with Specific Standards of the Plan. There is no evidence presented to show this property, in terms of compatibility, would be best served by changing it's Future Land Use Classification to Commercial. Planning Staff Report Analysis and Conclusion: The request to change the Future Land Use classification for the subject property from Single -Family to Commercial should be denied based on the above information. Whatever use that is present must be reviewed separately as to whether it is there as a nonconforming use or allowed by other action. /� "(/.J Y �� (�� ,�i� 3✓ / i.l./-�� ��L..t �� �r i../i. �t_�_ ��i ll� � ,� (L- C �' }(iL�.. 1�I) /� ..i.J��'-�� `.'t/� �`.��1. ,! .. �.C,-��- l✓1.Y Ll��. C.J'L.i1�f( i.%�.L./ ice`. C` .� P /U-. LJJ/1-1 / r t . 6 4L - f_( _ 4) ___ �1�•/) /,L�� ` �/-(�� �� l_ (/._-" 7.'.C. C.J�_ ���.l--t_i �'ZL..` (fig/C_�. G.-__�_ �. �-/// W1 c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIE CARRIED.) MAYOR KIRK CLOSED THE PUBLIC HEARING AT D : -2Z P.M. Page -4- VII. NEW BUSINESS. A.1. a) Council Member kT,�' moved to read by title only and set August 16, 2005 as a final public hearing date for proposed Ordinance No. 903, regarding Rezoning Petition No. 05--006-R submitted by Haynes and Susan Williams - City Planning Consultant (Exhibit 2); seconded by Council Member t _ b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: DENIE !CARRIED. c) Attorney Cook read proposed Ordinance No. 903 by title only as follows: "AN ORDINANCE OFTHE CITYOFOKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROMRESIDENTIAL SINGLEFAMILY--ONE (RSF-1) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council moved to approve the first reading of proposed Ordinance No. 903; seconded by Council Member l,c "e . b) Discussion. Planning Staff Report Summary: The subject property is in an area with residential uses. The residential use for this property is compatible with the abutting properties; however, the real estate office does not suit the neighborhood. The proposed zoning of CLT would be consistent with the Commercial FLU designation if approved in a separate application. The proposed zoning, on the other hand, is not consistent with the surrounding land uses. Planning Staff Report Analysis: (A) The application is not consistent with the requirements of the City's Comprehensive Plan. The applicant's request for a Small Scale Land Use Map Amendment to allow a Commercial Land Use Category is inconsistent as it pertains to the intent and use of the Commercial Land Use Category as described in the Comprehensive Plan. The current Single -Family Future Land Use Category and the current RSF-1 Zoning District are both compatible with each other. (B) The current residential use is authorized under the current RSF-1 Zoning District. The commercial use is not. If this request is granted then the situation would be the same but vice versa. Whereas the commercial use would be compatible with the CLT zoning, but the residential use would not be compatible. (C) The proposed zoning to CLT could have an adverse effect on the public interest. (D) The use is not appropriate for this location. The office space stated as "temporary" on the application but is still not compatible with adjacent land uses and would be detrimental to urbanizing land use patterns. (E) The commercial use could adversely affect property values and be a deterrent to development to adjacent residential areas. (F) If necessary, the proposed change can be suitably buffered from the surrounding uses. (G) The use will not overburden public facilities. (H) The proposed change could increase traffic congestion or otherwise affect public safety. (1) The only restrictions on this property are those set forth by the Comprehensive Plan and The Land Development Code. (J) If granted, the change will constitute a special privilege to the owner by allowing commercial uses in a residential neighborhood. Planning Staff Report Recommendation: Staff recommends denial of the request to allow rezoning from RSF-1 to CLT based on the above data and analysis. Page iz C) Vote on motion, VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENI/�RRI D.' Page -6- B.1. a) Council Member «vz .7 moved to read by title only and set August 16, 2005 as a final public hearing date for proposed Ordinance No. 904 regarding Rezoning Petition No. 05-007-R, submitted by William and Cathprine Fagan - City Planning Consultant (Exhibit 3); seconded by Council Me►rikerT b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: DENIED/ RRIED. c) Attorney Cook read proposed Ordinance No. 904 by title only as follows: "ANORDINANCEOFTHE CITYOFOKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HEAVY COMMERCIAL XH10 ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RM19 ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVER4BILITYAND AN EFFECTIVE DATE." 2. a) Council Member'Wb,,;,-;�,,j moved to approve the first reading of proposed Ordinance No, 904; seconded by Council Member b) Discussion. Planning Staff Report Summary:.,N/A Planning Staff Report Analysis: (A) Residential multi -family use and RMF Zoning is consistent with the Comprehensive Plan policies and the Future Land Use flap designation of Multi -Family for this property. (B) Multi -Family development is authozed under the RMF Zoning District. (C) Multi -family dwellings will not adversely affect 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 development of adjacent property. (F) If necessary, site plan requirements can help to reduce any impacts upon the neighborhood. (G) Currently the Okeechobee Utility Authority (OUA) has a 12-inch sewer force -main along Northeast 3rd Avenue and along NE 11 th Street from NE 3rd Avenue to Highway 441. Any sewer connection woLid require a lift station. The lift station could be constructed to OUA standards and OUA would own and operate the lift station after construction is complete. The developer cold ronsttuct a smaller lift station, but the lift station would be considered private and must be maintained by the property owner. The OUA has a 18=;nch water main within the alley -way of Block 31. Any extensions to the east must be large enough to provide fire protection through a fire hydrant. (H) Construction standards should solve any potential flooding or drainage problems. (1) The proposed use has not been inordinately burdened by unnecessary restrictions. (J) The subject property is surrounded on two sides by similarly zoned parcels. The proposed change would not grant special privilege to the owner. Planning Staff Report Summary and Conclusions Prior to Certifications: Depending on water and sewer availability, the proposed multi -family development appears to be compatble, Planning Staff Report Landscape Regulations: The proposed use would be required to meet the landscaping and butier requirement-, of Section 90-531,532, and 536 543. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezonin fro CHV to RMF permitting the applicant to develop multi -family units. g m 11 • Page -7. ji'ac 0-, ;,ate) l II tc C) Vote on motion VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARK,4AM WATFORD L. VWLLIAMS MOTION: DENIE&CARRipn • • Page -8- C.1. a) Council Member _ (, fJ�I't� moved to read by title only and set September 7, 2005 as a final public hearing date for proposed Ordinance No. 905 regarding Alley Closing Application No. 75, submi;ted by Hubert and Rachel Phillips - City Attorney (Exhibit 4); seconded by Council Member b) Vote on motic,n to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT �y KIRK CHANDLER MARKHAM WATFORD J , WILLIAMS tl' MOTION: DENIED/ ARRI:FD ) C) Attorney Cook read proposed Ordinance No. 905 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING A PORTION OF THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 17, SOUTH OKEECHOBEE, AS RECORDED IN PLAT BOOK 3, PAGE 37, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO PF-CORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT /NAND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FORAN EFFECTIVE DATE " 2. a) Council Member � � ��.�1���-�-==c moved to improve the first reading of proposed Ordinance No. 904; seconded by Council Member b) Disc.ssion. /)/ er r,r X� ✓ 4 XIC n f -_i Vote on motion.] VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLERx MARKHAM c; �'1 WATFORD L. WILLIAMS f,. MOTION: DENIED ARRIED. % • ' ' • i �� '� �� � � r y r r � -` _r �'l^k lr��'_A `.kJj. (�^r� �(� F (/ l i.`. t c'. C.. �i' %�. _f �f; r'� .t�„ / 3 � // ��// �� J e_t i ;�_ ( .�� .�R'k.>-ti— '`, !� ,'Xis r' F;�' �7 '� _ ;, �, E 0 Page -9- D. Consider Alley Ciosing Application No. 76 submitted by Believer's Fellowship Church - City Clerk (Exhibit 5). Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIE6CACARRIED. • • Page -10- E. Consider Alley Closing Application No. 77 submitted by Ronnie and Ellain Lawrence - City Clerk (Exhibit 6). Vote on motion VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENI!CARRIED. • • Page -11- j F.1. a) Council Member moved to read by title only and set August 16, 2005 as a final public hearing date for pr posed Ordinance No. 906 amending Section 82-61 Development in and Adjacent_ a designated wellhead - City Attorney (Exhibit 7); seconded by Council Member b) Vote ;m motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: DENIE C RRIED. j c) Attorney Cook rev( proposed Ordinance No. 906 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716 LAND DEVELOPMENT REGULATIONS SECTION 62-61 THEREOF, TO AMEND THE REQUIREMENTS AND STANDARDS CONCERNING WELLHEAD PROTECTION AREA TO CONFORM TO THE COMPREHENSIVE PLAN, PROVIDING FOR DEVELOPMENT STANDARDS, RESTRICTIONS AND PROHIBITIONS; PROVIDING FOR CONFLICTS AND SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member-- , moved iyo approve the first reading of proposed Ordinance No. 906; seconded by Council Member!z.c�-rx b) Discussion. r �-n—�9--7�L �,tt ct.f.CErjLi :i yllfn �J i Vote on mction. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS ,/� MOTION: DENIED► ARRIED. • • Page -12- G. Council Member —4-4 moved to adopt proposed Resolution No. 0 -09 regar 'ng the Fire Fightp.rs Union - City Attorney (Exhibit 8); seconded by Council Member Attorney Cock read by title only Resolution No. 05-09 as follows: .b �I - f / t tr Vote on motion. VOTE KIRK CHANDLE MARKHAI WATFOR[ L. WILLIAI MOTION: • 0 Page -13- H. Discuss a moratorium on Street and Alley Closing Applications - Mayor Kirk, a%' t / � �1• . .,/"�%+: l,C �''�, �` f iAr ''t-� ; ! I .? � t A-�' ) �� f`�.� f . lilC�C` l// � �Lrr �� /f 'C 64—v /,ii Cf y t ;c,j i 64 C ,s '�L,Y -'r_ l I[�.-(tip ��1'�k' [J` f �r CIJ j C_C/..t • E Page -14- I. the 2004/2005 Fiscal Year Roadway Improvements Project - Engineer Bermudez. tz k� (C icy j�-��,f? ;�?� ,� ���'�% ,4 LJ C—x AC • • Page -15- J. Discuss a Code complaint located at 1002 Southeast 8`h Drive - Council Member Chandler. �i_.t'./''2 CJ Page -16- K. Discuss termination of employment of J. Thomas Raulerson; status of hearing offered by City Council on October 29, 2004; consider rescinding offer to hold F.S. Ch. 112 hearing - City Attorney Vill. MAYOR KIRK ADJOURNED THE CITY COUNCIL MEETING AT P.M. 6t— /, • ,�, • r. /. �f ��-�-� �� 1 �� ` �- .:, t�> � � � �i % ,/ 0 Page -1- Tape 1 side A CITY OF OKEECHOBEE - August 2, 2005 - REGULAR CITY COUNCIL MEETING- HANDWRITTEN MINUTES CALL TO ORDER - Mayor: Kirk August 2 2005 City Council Regular Meeting 6:00 g.m. II. OPENING CEREMONIES: Invocation given by Pastor Duane Eatmon, Treasure Island Baptist Church: Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson X X X X X X X X X X X X ITEM ADDED TO AGENDA: PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the week of August 7-13, 2005 as "National Community Health Center Week " Mayor Kirk proclaimed the week of August 7 through 13, 2005 as National Community Health Center Week and read the proclamation into the read: "WHEREAS, Florida Community Health Centers, Inc. are nonprofit, community -owned and operated health centers serving the uninsured and medically undeserved people in Okeechobee County; and WHEREAS, Florida Community Health Centers, Inc. expands access to quality health care for all people and contain health care costs by fostering prevention and integrating the delivery of primary care with aggressive outreach, patient education, translation and other enabling services; and WHEREAS, Florida Community Health Centers, Inc. has made great strides in Okeechobee County's health care system specifically by maintaining high standards of accountability, demonstrating cost effectiveness and efficience in the delivery of care, and empowering the community to address unmet health needs, reduce health disparities, and reduce preventable deaths, costly disabilities, and communicable diseases; and WHEREAS, there is a continuing need to support implementation of Community Health Centers throughout the State of Florida as part of Florida's enduring commitment to the provision of quality primary health care; and WHEREAS, Florida Community Health Centers, Inc. promotes 100 percent access and zero health disparities to help achieve primary health care for all people. NOW THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim August 7-13, 2005 as "NATIONAL COMMUNITY HEALTH CENTER WEEK" In Okeechobee, Florida and urge citizens to recognize the important contributions of Florida Community Health Centers, Inc. in safeguarding health and improving the quality of life for all people in the City of Okeechobee." Molly Ferguson, Director of Program Development for Florida Community Health Centers and Missy McNabb received the proclamation. Thanks to historical society IV. MINUTES - City Clerk. Page -2- A. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the July 19, 2005 Regular Meeting; seconded by Council Member Williams. No discussion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. None. VI. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:07 P.M. A.1. a) Council Member Watford moved to read by title only, proposed Ordinance No. 902, amending the Future Land Use Map, Application No. 05-009-SSA submitted by Haynes and Susan Williams - City Planning Consultant (Exhibit 1); seconded by Council Member Williams. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 902 by title only as follows: "AN ORDINANCE OF THE CITY OFOKEECHOBEE, FLORIDA AMENDING THE CITY OFOKEECHOBEE 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 SINGLE FAMILY (SF) TO COMMERCIAL (C), PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. " 2. a) Council Member Williams moved to adopt proposed Ordinance No. 902; seconded by Council Member Chandler. b) Public comments and discussion. This ordinance pertains to Comprehensive Plan Future Land Use Map Amendment Application No. 05-009- SSA submitted by the property owners, Haynes and Susan Williams. The property is located at 408 Northeast 3rd Street with Legal Description as Lot 3 and the West 10 feet of Lot 2 of Block 144, City of Okeechobee. The property is approximately 0.20 acre(s). The request is to change the Future Land Use designation from Single Family to Commercial. Clerk Gamiotea reported by memorandum in Exhibit One, all fees have been paid. The ordinance was advertised in the Okeechobee News on July 22. The Planning Staff found the application not to be in compliance with the Comprehensive Plan and does not recommend approval. However, the Land Planning Agency discussed the application at their July 26, 2005 meeting, found the application to be consistent with the Comprehensive Plan and is recommending approval. It is not necessary to mail notices to the surrounding property owners, nor post a sign on the property since this is a small scale amendment (less than 10 acres). There is a Rezoning Application in process for the property as well (No. 05-006-R). The existing use of the property is a two-story structure with an apartment upstairs and a real estate office downstairs. The owners are not proposing to change the existing use at this time. Planning Staff Report Comprehensive Plan Analysis: (A) Consistency with the Land Use Categories and Plan Policies. As proposed the applicant's request would be inconsistent with the Commercial land use category and the Plan Page -3- policies that control such uses. (B) Concurrency of Adequate Public Facilities. The subject property is already developed and is included with the City's service area. (C) Compatibility with Adjacent and Nearby Land Uses. The existing neighborhood seems to reflect a low level of residential intensity with little commercial areas in the neighborhood. Commercial uses would be inconsistent with the existing pattern of nearby land uses. (D) Compliance with Specific Standards of the Plan. There is no evidence presented to show this property, in terms of compatibility, would be best served by changing it's Future Land Use Classification to Commercial. LaRue was present, description of the property and matter of application. Small Scale Amendment. Recommendation by LPA to approve. Our concern is immediate area to West SF and across the street, vacant lots and to the East vacant. Concerns of areas of encroachment of commercial into RSF areas. Watford, will have a zoning to follow. LaRue and it is for Light Commercial. Watford, know we cant jump ahead but basically if we pass this, then it would logically think the zoning would pass. Appreciate your comments because this is a tough one. LaRue and the other difficulty is we did recently rezone property in the block to the west, and that's a tough call. Watford right and appreciate the map the applicant provided, in support of this there are many commercial type uses, the church, law office to the back corner, area is somewhat commercial in nature, kind of jumps ahead and the light commercial limits what can be used here. We've continued to encroach 2 blocks on south parrott avenue with commercial and it looks like we're headed that way. LaRue, what does not help is there is sateried areas that we find or there was not a lot of things around them when they started before there were codes, zoning, etc. Watford and I certainly I agree, need to now, existing building would they meed the CLT setbacks? LaRue, don't know, could know by the final hearing for the rezoning. Watford, one thing I like about this, proposed, commercial on bottom floor and single family on top mixed use in its favor, asked about notices for zoning. Markham, looks like were working for mixed even with multi family and looks like were going in this direction with everything wrapping around this spot. Parking, look at issue? LaRue we have not. Residential areas converting, could do some combined uses be designated for that area, would go to planning agency first. Markham, he should be able to meet most of the set backs and parking due to how the site is layed out. Watford don't think there have been any problems since they have temporarily moved there after the hurricanes. Williams and there are same uses on 6'h along there. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:23 P.M. VII. NEW BUSINESS. A.1. a) Council Member Williams moved to read by title only and set August 16, 2005 as a final public hearing date for proposed Ordinance No. 903, regarding Rezoning Petition No. 05--006-R submitted by Haynes and Susan Williams - City Planning Consultant (Exhibit 2); seconded by Council Member Watford. b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 903 by title only as follows: "AN ORDINANCE OF THE CITY OFOKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE Page -4- BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROMRESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 903; seconded by Council Member Williams. b) Discussion. Planning Staff Report Summary: The subject property is in an area with residential uses. The residential use for this property is compatible with the abutting properties; however, the real estate office does not suit the neighborhood. The proposed zoning of CLT would be consistent with the Commercial FLU designation if approved in a separate application. The proposed zoning, on the other hand, is not consistent with the surrounding land uses. Planning Staff Report Analysis: (A) The application is not consistent with the requirements of the City's Comprehensive Plan. The applicant's request for a Small Scale Land Use Map Amendment to allow a Commercial Land Use Category is inconsistent as it pertains to the intent and use of the Commercial Land Use Category as described in the Comprehensive Plan. The current Single -Family Future Land Use Category and the current RSF-1 Zoning District are both compatible with each other. (B) The current residential use is authorized under the current RSF-1 Zoning District. The commercial use is not. If this request is granted then the situation would be the same but vice versa. Whereas the commercial use would be compatible with the CLT zoning, but the residential use would not be compatible. (C) The proposed zoning to CLT could have an adverse effect on the public interest. (D) The use is not appropriate for this location. The office space stated as "temporary" on the application but is still not compatible with adjacent land uses and would be detrimental to urbanizing land use patterns. (E) The commercial use could adversely affect property values and be a deterrent to development to adjacent residential areas. (F) If necessary, the proposed change can be suitably buffered from the surrounding uses. (G) The use will not overburden public facilities. (H) The proposed change could increase traffic congestion or otherwise affect public safety. (1) The only restrictions on this property are those set forth by the Comprehensive Plan and The Land Development Code. (J) If granted, the change will constitute a special privilege to the owner by allowing commercial uses in a residential neighborhood. Planning Staff Report Recommendation: Staff recommends denial of the request to allow rezoning from RSF-1 to CLT based on the above data and analysis. The Planning Board discussed this application at their July 26, 2005 meeting and found the application to be consistent with the Comprehensive Plan and are recommending approval. LaRue, from staff standpoint, consistent use is premitted. Since the Land Use was approved, will have to note the can to consistency. Watford, made this comment many times, many RSF being converted to C unit. Talked about consessions be made, instead of tearing down and modify. Planning Board considerthose. Combination of zoning issues? Watford building codes/certain requirements C has to meet when dealing with a RSF structure to start with and difficult to change over to meet those C standards, parking issues, keep some of the "home" facade so that it doesn't look so commercialized. Leway to give TRC, certain things you have to have commercial. LaRue we can do that before the Planning Board. We can give same information as the board. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. B.1. a) Council Member Williams moved to read by title only and set August 16, 2005 as a final public hearing date for proposed Ordinance No. 904 regarding Rezoning Petition No. 05-007-R, submitted Page -5- by William and Catherine Fagan - City Planning Consultant (Exhibit 3); seconded by Council Member Chandler. b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 904 by title only as follows: "AN ORDINANCE OF THE CITY OFOKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HEAVY COMMERCIAL (CHV) ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council Member Williams moved to approve the first reading of proposed Ordinance No. 904; seconded by Council Member Chandler. b) Discussion. Planning Staff Report Analysis: (A) Residential multi -family use and RMF Zoning is consistent with the Comprehensive Plan policies and the Future Land Use Map designation of Multi -Family for this property. (B) Multi -Family development is authorized under the RMF Zoning District. (C) Multi -family dwellings will not adversely affect 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 development of adjacent property. (F) If necessary, site plan requirements can help to reduce any impacts upon the neighborhood. (G) Currently the Okeechobee Utility Authority (OUA) has a 12-inch sewer force -main along Northeast 3rd Avenue and along NE 11 th Street from NE 3rd Avenue to Highway 441. Any sewer connection would require a lift station. The lift station could be constructed to OUA standards and OUA would own and operate the lift station after construction is complete. The developer could construct a smaller lift station, but the lift station would be considered private and must be maintained by the property owner. The OUA has a 18-inch water main within the alley -way of Block 31. Any extensions to the east must be large enough to provide fire protection through a fire hydrant. (H) Construction standards should solve any potential flooding or drainage problems. (1) The proposed use has not been inordinately burdened by unnecessary restrictions. (J) The subject property is surrounded on two sides by similarly zoned parcels. The proposed change would not grant special privilege to the owner. Planning Staff Report Summary and Conclusions Prior to Certifications: Depending on water and sewer availability, the proposed multi -family development appears to be compatible. Planning Staff Report Landscape Regulations: The proposed use would be required to meet the landscaping and buffer requirements of Section 90-531,532, and 536 — 543. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from CHV to RMF permitting the applicant to develop multi -family units. The Planning Board discussed this application at their July 26, 2005 meeting and found the application to be consistent with the Comprehensive Plan and are recommending approval. LaRue staff and PB recommending approval, idea with compatibility, issues back and forth of water and sewer believe those have been worked out, we do need multi family, no adverse effects on the public. Watford, land to the North recently changed? Tape 1 to side B Streets paved? NO, will be to developer. Page -6- c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. C.1. a) Council Member Williams moved to read by title only and set September 7, 2005 as a final public hearing date for proposed Ordinance No. 905 regarding Alley Closing Application No. 75, submitted by Hubert and Rachel Phillips - City Attorney (Exhibit 4); seconded by Council Member Chandler. b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 905 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING A PORTION OF THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 17, SOUTH OKEECHOBEE, AS RECORDED IN PLAT BOOK 3, PAGE 37, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUITCOURTINAND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FORAN EFFECTIVE DATE." 2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 904; seconded by Council Member Williams. b) Discussion. Oscar's comments. LaRue, verify they do need that alley to develop this, scaled the building back, possible to look as reduction of parking. Williams has anyone changed their mind? Chandler Ms. Walker, she didn't object to closing only the portion they needed. Markham, trying to stay away from alley and street closings and going to end up needing them, especially half the alley. We're making these half alleys, look at maybe keeping the property to the west. Donnie and I road through areas, homes in area. Mayor not sure drainage would be an issue here? Markham need area to move the water to another street. Just a concern that I have. Chandler, there's no drainage through there now. Since they use it. Biggest part of the problem is meeting the parking requirements. We could install culverts for drainage as long as we can count the parking on top of the alley. With the understanding that it could be used for parking. Williams/Cook something we could do? Cook sure there is something that could be done. Steve Dobbs, project manager. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. D. Consider Alley Closing Application No. 76 submitted by Believer's Fellowship Church - City Clerk (Exhibit 5). Council Member Chandler moved to instruct attorney to draw up the ordinance; Williams. Page -7- John Ridder first issue is safety, auto's coming through there, the ROC is to the East. Not a drainage problem. We could use it for parking to join property that the church owns on both sides, church started as private residence, we're growing, has been a church now for 30 years. Markham how long before you build own? Depends on negotiations and the Lords blessings. Reverter clause? Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. E. Consider Alley Closing Application No. 77 submitted by Ronnie and Ellain Lawrence - City Clerk (Exhibit 6). Council Memeber Williams instruct attorney to prepare the ordinance and bring back for consideration; seconded by Council Member Chandler. Markham - same comments. Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. F.1. a) Council Member Watford moved to read by title only and set August 16, 2005 as a final public hearing date for proposed Ordinance No. 906 amending Section 82-61 Development in and Adjacent to a designated wellhead - City Attorney (Exhibit 7); seconded by Council Member Williams. b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 906 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716 LAND DEVELOPMENT REGULATIONS SECTION 82-61 THEREOF, TO AMEND THE REQUIREMENTS AND STANDARDS CONCERNING WELLHEAD PROTECTION AREA TO CONFORM TO THE COMPREHENSIVE PLAN; PROVIDING FOR DEVELOPMENT STANDARDS, RESTRICTIONS AND PROHIBITIONS; PROVIDING FOR CONFLICTS AND SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 906; seconded by Council Member Williams. b) Discussion. Cook amended definition section only. Recently an amendment was passed that changed the definition of a wellfield protection. The original defined an area one-half mile from the wells as protected, and it was amended Page -8- dto state the prtected area is 1000 feet, the the closest 300 feet denying any development whatsoever. The comp plan still requries that the city evaluate and protect developemnt within one half mile of th ewells, but eht 1000 foo area is the only are atha tthe LDR's mandate certain prohibitions. It has come to light that section 82.61 of the LDR's Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. G. Council Member Williams moved to adopt proposed Resolution No. 05-09 regarding the Fire Fighters Union - City Attorney (Exhibit 8); seconded by Council Member Chandler. Attorney Cook read by title only Resolution No. 05-09 as follows: A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RECOGNIZING THE FORMATION OF THE FIREFIGHTERS INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF) LOCAL UNION NO.2918; PUBLIC EMPLOYEE RELATIONS COMMISSION (PERC) REGISTRATION 86-304; RECOGNIZING THE OKEECHOBEE COUNTY FIRE SUPPRESSION AND RESCUE ASSOCIATION LOCAL 2918 AS THE COLLECTIVE BARGAINING AGENT FOR THE CITY EMPLOYEES/FIREFIGHTERS PENDING CERTIFICATION BY PERC; PROVIDING AN EFFECTIVE DATE. Markham when does this take effect? One step in the process, now they go back to perc and get certified, then we can start the bargaining. Mayor I have some questions as they relate to budget process. Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. H. Discuss a moratorium on Street and Alley Closing Applications - Mayor Kirk. Mayor asked for some thing I'm not sure we can do but as what the engineer says over and over again and as a home owner in the southwest section, some of us are getting flooded out, and something has to give. Know we can't stop those that have already started. Don't know if moratorium is the correct word to use but we need to do something, sympathize with the businesses. Somehow we're going to have to listen to our engineer, we see a lot of standing water when it rains Tape 2 Side A We might get to a point were we have to cut ditches in every right of way we have and then there would be a public outcry. Watford, something we've struggled with voted against a lot of these, once you start closing its hard to tell the next one. Very valid times when you need to close an alley. Tried to think about these, alleyways have a purpose, don't know if that purpose still exist. Many areas particularly in the downtown you have to have that alleyway, other areas alley not that important, use to be important to utilizities, since we don't provide that service its difficult now. Different attorney's, one said we could sell the property, others said no. Traded out. Agree with engineers intentions. Any areas we use for drainage? May be some areas or we may have to go to that. We really are struggling with this. Came up with criteria and sometimes when that doesn't work, bent the rules for a good reason and now we're getting in to that again, when we.... need set of rules and follow them. I have one citizen that calls me every time we close an alley and tells me we don't need to close them. Main thing is to come up with a policy and stick to it. Gotten away from our policy. If we want to put the Q Jerry did not set aside to fire him. Mr. Markham asked, back on Admin leave. Suspension at at time. Cook, tter, basically he said you set aside to fire him. Opportunity to findings, asking for, g to set aside to fire him. ough it was for reinstatement. Mayor s to why you can't get someone? Jerry agencies wor, er, no o wants to be the one say either wa don't want to get involved in the mud slinging. Mayor - abl`61met someone to do the investigation but n serve on the board? Mayor talked with state police or gameJad i commission? Jerry not willing to state ev one we spoke with. One game officers, again don't waget i volved. Watford, last time appea d memo written by someone a several parties involved. App or refute at a formal hearing, refute the charges, nothing tc the step before goign to heari ire re us, included in that packet 9/9/2004 to eif dai its not a letterhead, ity. We've all discussed this a lot and thou ut it, have discussed with to me that according to this me states that will be offered anwer chap 112. Hones elieve that a have given major raulerson to th officer was to suppose iswer the need to some short of a lawsuit, need to make some do that step. oblication to that. Don't Mayor thou fttl at we do. er than memos, etc in thi packet. Agree with Bryant, skipped we need to, firmly believe we eed to. Trying to recall where I read, ges to the police chief, as I t to recall, that step was sort of omitted, u good solution, don't kno how to do it. Need to resolve this issue tempt before it goes th way. Think we have an opportunity and Lydia, was an employee at the time this happeneN handled appropriately, low moral problems these I mayor call to order .... this will be used ..... convers you read the sanction book .... cook not the time or decision... highlights what a bad idea this is to have problem you aint seen nothing. < veryone do not believe the termination was s .... chie reason I told you I fired him,.... after you became a co lydia I would suggest to give evidence .... a lot ofthi that went into this i,ring before the council, ... if you thin a had a moral Mayor don't know where this leaves us. Bryap'f elected to rake these kinds of decisions? Ma yoj not what I was asked. �Y \ Watford, question on procedures. To B nt, if we came up wi ,grieve committee d of apply to police officers, came up with policy that we 't' have and said here, met vance committee, policy to do that, agreeable to follow tha tproc dure, if pr as fair, have to see policy to see if it was fair rather than come before the co cil. De policy to that. Bryant the only exception To to that proposal, if that so muc water has gone under the bridge, not comfortable with ch' overse ' g the committee. Watford, simi ar to girievan committee, that type of strucuture. Cook, mechanics o as followed. Watford, to me that is kind of compromise, somet e a grievance com ittee, here's the steps and but at lease you would ve a procedure to use. That would be m ort of having he council hold the hearing. I would assume if u, subject to the sunshine laws like we are, admi , olice pt rep, council person, city clerk as personn director, what authority that person would have, a recom da 'onto the councilor what? Compromise. Cook so if t make up a board to do something what do they do? Aside from ..... co xt, ... council did not intend too erride the chiefs decision to terminate raulerson. Wanted a hearing, they c 't ahve one. Unless the cou it overrides the chief's decision it will stand. 112. every law enforceemnt agency will seem that syst3 n investigating a to iantion, proper %iiplinary action think the board or sy you put in place will be what. Little distres don Cook's ments that no one knows everything that went into decision. He doesn't know what those\ehow does he address those? That ought to cause all of you concern. 0 is Page -9- moratorium on, need to be reasonable, maybe a year, would support, or go back and say there is the policy we're going to stick to it. Mayor - you hit on something, what the use is, starting point will be how are we using them and how do we intend to use them in the future, sure PW can put something together. Sonny Williamson, discussion is very good, come before you because of a piece of property Plaza 300, planning on that, hoping you don't do a moratorium on that, engineer says planning will be important as to whether the alley can be closed. Ditch to the east of us. Main City ditch. Issue where one size fits all, set of standards that you could adopt and help you and try not to make any exceptions. Find out what those standards are. Basically the hoops that everyone should have to jump through. Please don't do a moratorium because there area some plannings that to the public's good. Mayor get Public works Planner give us some guidence on this as a planner. Other cities what there requirements will be. Encourage us that we do have a policy and we need to really think about enforcing it. Admin make sure that happens with Donnie & LaRue purpose of the use of alley's. I. Discuss the 2004/2005 Fiscal Year Roadway Improvements Project - Engineer Bermudez. Brian, take home with you, tried to come up with what was in budget $200,000.00 last years program. Will come back to us given a list of streets on budget of which ones to do first. Street condition traffic count. Now and next meeting, what other imput do you need? Provide this to you at this meeting. Let us know of changes or authorize us to send it out for bid. J. Discuss a Code complaint located at 1002 Southeast 81h Drive - Council Member Chandler. Chandler had several people call. Understand where they coming from, trashing the place. Chief Smith case coming before the board, watch out for our residences, they guy has no total regard for neighbors. Watford see what the code board action takes. K. Discuss termination of employment of J. Thomas Raulerson; status of hearing offered by City Council on October 29, 2004; consider rescinding offer to hold F.S. Ch. 112 hearing - City Attorney Jerry Bryant, Attorney for Tommie Raulerson. Several months ago when we came before you the only person not here was Council Member Williams. Raulerson dismissed from the police dept during the hurricanes misconduct. Was first told he would have a chance to give his. Paper listing where he would have a hearings or address findings. Never given. Asked council to order the hearing, you have done. There is no procedure for that hearing. Discussed a Ch 112 hearing. Complaint board made up of, doesn't explain anything. It was our understanding that a board would have chance and Raulerson was only on suspended. Cannot get someone to serve on the board for Raulerson. Cannot go to the police department. Whatever happens at the hearing they will have some ramifications. Choose from city pd. SO unwilling to serve. Most said they would get back with me, never heard back. Small town hard to get anyone. Then what do they do. Disagreement with what we are suppose to be doing. Cook's letter said didn't matter what the board decided. We suggest you do as directed by Chap 112.533. 112.532. Adopt the procedure since you don't have one. Ask for hearing in front of the Council, public meeting if necessary, ask for such a hearing. Raulerson wants to clear his name. Cook and Davis told Raulerson, what are the alegations against me, took items from the distribution center that belonged to tape 2 side B actually changed, termination reason given in the letter, took a gift without disclosing it to the chief. Policy manual doesn't apply. Tarp, toothpaste, water jugs, clear when you give reason. Why didn't chief tell him at the time when he explained he had the tarp that it was wrong..... Hearing request in front of the Council. Mayor thought this is what we went through and made a decision we would give a hearing and I think that part of the process was we would pick somebody and you get somebody, astonishes me that no one in law enforcement will serve on that committee. Don't know if it's a good idea for us to hold this hearing. Don't remember that we set out to fire him. Agreed to stop at that point and have the hearing. In my opinion not something that we needed to know. My understanding we've been ready for the hearing. Defer to Council as to what do we need to do. 0 Page -10- Jerry, did not set aside to fire him. Mr. Markham asked, back on Admin leave. Suspension at that time. Cook, letter, basically he said you set aside to fire him. Opportunity to findings, asking for, got to set aside to fire him. Though it was for reinstatement. Mayor, opinion as to why you can't get someone? Jerry agencies work together, no one wants to be the one to say either way, don't want to get involved in the mud slinging. Mayor - able to get someone to do the investigation but not serve on the board? Mayor talked with state police or game and fish commission? Jerry not willing to state everyone we spoke with. One game officers, again don't want to get involved. Watford, last time appeared before us, included in that packet 9/9/2004 to cheif daivs its not a letterhead, memo written by someone at the city. We've all discussed this a lot and thought about it, have discussed with several parties involved. Appears to me that according to this memo item 10 states that will be offered anwer or refute at a formal hearing, ref chap 112. Honestly do not believe that we have given major raulerson to refute the charges, nothing to base this on other than memos, etc in this packet. Agree with Bryant, skipped the step before goign to hearing. Believe we need to, firmly believe we need to. Trying to recall where I read, officer was to suppose to answer the charges to the police chief, as I try to recall, that step was sort of omitted, need to somehow rectify that. Don't know good solution, don't know how to do it. Need to resolve this issue short of a law suit, need to make some attempt before it goes that way. Think we have an opportunity and oblication to do that step. Mayor thought that's what we do. Lydia, mr mayor, I was not on board with all of this start, I was actually a ctiy employee and I had just turned in my resignation, and so for the record I'd like to say that I have talken to Tommy, Dee, Judge Hendry and Attorney Bryant, I've also spoken with the chief on several occasions, personnally I want to give my opinion of this since I am now on the board and I feel I have to do this, I do not believe the termination of Tommy was handled properly by the city, I believe that if you feel that you have an employee that is so bad for your department that the record should indicate the same, I was told by chief davis that th eproblems were there prior to the hurricanes there was low self esteem problems low moral problems, well not self esteem problems, but moral problems caused by Tommy and these problems should have been documented Chief can I answer you there Lydia, uh huh Chief I never told that was the reason for his termination Lydia, that was one of the excuses that you Mayor okay let's, lets, lets (gavel) this will stop, this is not a trial I don't want ... don't have to remind anyone everything we say at this meeting will be used against us..... to lydia, are you about to tell of a conversation after you became a council .... I would suggest you read the sanction book .... Cook this is not the time or place to give evidence .... a lot of things that went into this decision... this just highlights what a bad idea this is to have a hearing before the council, ... if you think we had a moral problem you aint seen nothing. Mayor don't know where this leaves us. Bryant elected to make these kinds of decisions? Mayor not what I was asked. Watford, question on procedures. To Bryant, if we came up with, grieve committee does not apply to police officers, came up with policy that we don't' have and said here, some type of grievance committee, policy to do that, agreeable to follow that procedure, assuming procedure was fair, have to see policy to see if it was fair rather than come before the council. Develop a policy to that. Bryant the only exception to that yes to that proposal, if that so much water has gone under the bridge, not comfortable with chief overseeing the committee. Page -11- Watford, similar to girievance committee, that type of strucuture. Cook, mechanics of that policy was followed. Watford, to me that is a kind of compromise, something like a grievance committee, here's the steps and but at lease you would have a procedure to use. That would be my short of having the council hold the hearing. I would assume if you, subject to the sunshine laws like we are, admin, police dept rep, council person, city clerk as personnel director, what authority that person would have, a recommendation to the council or what? Compromise. Cook so if the make up a board to do something what do they do? Aside from ..... context, ... council did not intend to override the chiefs decision to terminate raulerson. Wanted a hearing, they can't ahve one. Unless the council overrides the chief's decision it will stand. 112.5 every law enforceemnt agency will seem that system for receivign investigating a termiantion, proper disciplinary action think the board or systme you put in place will be what. Little distressed on Cook's comments that no one knows everything that went into decision. He doesn't know what those are how does he address those? That ought to cause all of you concern. Mayor don't know if I know everything that happened or not. I would say tape 3 said A. Transcript of the meeting, cook 3'd paragraph, not familiar with this process, since the beginning not been clear, Major raulerson just wants Willing to go forward with hearing without know reinstatement? Why doing it? That's what I'm asking you. Want opportunity to address this, not going to consider it, if that is your position, that is unfortunate. Mayor nothing ease about this, just as tommie looks at you for advice, we have to look to our attorney Bryant and sometimes council hasn't taken the cousel's advice. Mayor not a situation we want to be in, have to look at attorney for advise, what is next? Bryant, sometimes you need to lead with heart and head and make your own decision Watford, aware SO has procedures? Bryant not ours no. Watford, may not have to reinvent the wheel. Bryant, every city has to. Still think we need to coem up with this policy, think we need to do that with some haste, to me that is some type of compromise. Disturbs me that Raulerson is terminated and that was not going to change. Didn't realize that was the city's position. Don't necessarily agree with that. Cook, my point was I can't change that. Mayor, change what. The termination status of raulerson, unless the council tells me to overrule chief's decision, only this council can. Watford, we've got to make a decision, 1 do nothing and drag or take own course 2 - grant request and we will hear the or act ast the committee to give hearing or 3 or come up with a system and then either offer that or not to use if he raulerson desires. In my opinion that is where we are. Mayor, go get people to serve it may be same proble Watford may ahve to structure it differently, direct that by position they are own this board, may be unpleasent. Cook chapter 112 hearings certified law enforcement officers, purpose of officers that understand the day to day operations the officers face , jury by your peers, you're asking for public works employees of pass judgement Williams, my opinion problems documented prior to hurricanes not followed on the city. Ways to get around these things in the future, help us out as employees, things that we can avoid. Page -12- Mayor agree with what you said there but don't know what do now Chandler police employees are not under the grieveance committee. Agency from within the county. That donesn't happen, this doesn't happen, what now, lawsuit? Jerry not here to threathen, just want opportunity, FS before disciplianary action you have chance, the city skipped that step. Watford suggest that we very expecticuly investiate system stated in memo regarding FS 112 ssystem investiagating complains, clerk to provide other agencies procedures, that this come back before the council to determin put policy in place offer that system to raulerson at that time Mayor have we not already done that? Cook system est policy in police dept not accurate that he didn't know policies, mayor hearing offered is what I was referring to, thought if we offered the hearing it woudl be done cook request made anyway sept 9 memo limited to informing him of his rights, hearing, subsequently after investigation, opporutnity to rebut any allegation, circumstances we had the hearing was not required, now unless the council makes another direction, this is the direction jerry, it was an interrogation not a chance to address findings, I was not even allowed to ask questions. Mayor didnt' understand thoguht council agreed to a hearing and thought we were doing this according to state statutes, thought that's what was going on. Can't get a group to go on. What do we do. Jerry, committee make up Mayor okay thats the direction Jerry can't do, and what does that committee do? Cook letter says he's still fired, legal effect of that board is in question, council didn't make clear what you wanted, what was the purpose. Mayor if that board finds for raulerson then chief has to look at it. Jerry agree and now asking for you to establish a system as statute says you should have. Cook only problem with reasona aside policies internal investigation, still end up end same spot. Jerry not necessarily, each agency has their own system. Watford if we establish or own system, if would appear it would not have to be police officers, Cook, cut to the chase here, not going to make any head way until this council decides to override chief's decision think long an hard aobut that and take it up at the next council meeting. Mayor, ask for info, right to put policy in effect to investigate if not law enforcement? No has to be law enforcement agency. Citizen board hearings on police officer. Watford like to see us look at what other cities do, may decide we don't want to do that, I don't know, never seen one, to me that's the compromise we want to work at, unless the council wants to act out at the hearing agency. Appears we need sometype of system as they call it here. Sure other agencies have them. 90 years haven't had a need for it. If there is a system in place we'll look at it. See how other agencies handle procedures they have in place. Other police departments. SO's are under different statutue. Page -13- Markham, when bryant came before us, didn't work, if he doens't like that one, is he going to come back, how much time does he need, limit of time to get it done, if you can't do it you cant' do it, keep hearing we're trying to reinvent the wheel to help you. Watford, pointed out to us that we may need a procedure maybe we don't, might think this will never happen again, procedure we can put in place. I personally think if we come up with a procedure then let them take advantage of it. Simple example, come up with something similar to grievance committee, have procedure so they can hear, then they make a recommendation to the chief, not a formal directive. That's what I'm thinking. Compromise, council wont hear raulerson case if that board will and they could make a recommendation and it could still come back here. And we could say tonight this is final. At least we would then have a policy in place for future. Tape 3 side B Markham - Watford agree and that's why I think we need to do it. He only asked for this step. Why didn't he ask for it back when he asked for the florida statute , he could keep coming to us and ask us, we found somebody, if he can't find somebody then thats it, 112.533 when we left at the last meeting you weren't satisfied, but you were willing, you want another one since that one didn't work, if you don't like that one we'll do another one, discussion continued with jerry and markham, trying to come up with another Council Member Watford moved to instruct cc to investigate other cities police dept system they may have for investigate complaints against police officers as per 112 and other than 112, then bring back to the council; seconded by Council Member Williams. Markham only for information purposes„ Watford right, then at that point we'll know if we want to put that system in place and then we know if we want to offer that to Raulerson. Mayor, no problem with making sure not missing the boat, whatever we do we need to brought to some type of conclusion not fair for all parties to allow this to drag on. Mayor agree with Markham, we'll have to stop somewhere we can't just keep Vote all yea. Motion Carried. VIII. MAYOR KIRK ADJOURNED THE CITY COUNCIL MEETING AT P.M. 01 TO: Robin Brock, Executive Secretary FROM: Lane Gamiotea, City Clerk SUBJECT: August Agenda Items/Exhibits DATE: July 27, 2005 The following are the items needing to be considered at the August 2, 2005 Regular City Council Meeting: Approve July 19, 2005 Regular Meeting minutes. (Copies should be in your box) 2. Ordinance Public Hearing Items: �!t Motion to read by title only, proposed Ordinance No. 902 amending the Future Land Use Map, Application No. 05-009-SSA submitted by Haynes and Susan Williams - City Planning Consultant (Exhibit materials are attached, please add with GS documents) 3. New Business Items: !It Motion to read by title only, and set August 16, 2005 as a final public hearing date, for proposed Ordinance No. 903 regarding Rezoning Petition No. 05-006-R submitted by Haynes and Susan Williams - City Planning Consultant (Exhibit material attached, please also add additional information from GS) �!r Motion to read by title only, and set August 16, 2005 as a final public hearing date, for proposed Ordinance No. 904 regarding Rezoning Petition No. 05-007-R submitted by William and Catherine Fagan - City Planning Consultant (Exhibit material attached, please also add additional information from GS) 0 Motion to read by title only, and set September 7, 2005 as a final public hearing date, for proposed Ordinance No. 905 regarding Alley Closing No. 75 submitted by Hubert and Rachel Phillips - City Attorney (Exhibit material attached) 0 ConsiderAlley Closing Application No. 76 submitted by Believer's Fellowship Church - City Clerk (Exhibit materials attached) Consider Alley Closing Application No. 77 submitted by Ronnie and Ellain Lawrence - City Clerk (Exhibit materials attached) THANKS!! CITY OF OKEECHOBEE AUGUST 2, 2005 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 4 I. CALL TO ORDER - Mayor: August 2, 2005 City Council Regular Meeting, 6:00 p.m. • II. OPENING CEREMONIES: Invocation given by Pastor Duane Eatmon, Treasure Island Baptist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member 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. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the July 19, 2005 Regular Meeting. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. AUGUST 2, 2005 - CITY COUNCIL AGENDA - PAGE 2 OF 4 VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1. a) Motion to read by title only, proposed Ordinance No. 902, amending the Future Land Use Map, Application No. 05-009-SSA submitted by Haynes and Susan Williams - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 902 by title only. • 2. a) Motion to adopt Ordinance No. 902. (Land Planning Agency recommends approval) PP ) b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. VII. NEW BUSINESS. A.1. a) Motion to read by title only and set August 16, 2005 as a final public hearing date for proposed Ordinance No. 903, regarding Rezoning Petition No. 05-- 006-R submitted by Haynes and Susan Williams - City Planning Consultant (Exhibit 2). • b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 903 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 903. b) Discussion. c) Vote on motion. AUGUST 2, 2005 - CITY COUNCIL AGENDA - PAGE 3 OF4 VII. NEW BUSINESS CONTINUED. B.1. a) Motion to read by title only and set August 16, 2005 as a final public hearing date for proposed Ordinance No. 904 regarding Rezoning Petition No. 05-007-R, submitted by William and Catherine Fagan - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only and set final public hearing date. • c) City Attorney to read proposed Ordinance No. 904 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 9Qd. JJI b) Discussion. c) Vote on motion. C.1. a) Motion to read by title only and set September 7, 2005 as a final public hearing date for proposed Ordinance No. 905 regarding Alley Closing Application No. 75, submitted by Hubert and Rachel Phillips - City Attorney (Exhibit 4). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 905 by title only. 0 2. a) Motion to approve the first reading of proposed Ordinance No. 905. b) Discussion. c) Vote on motion. D. Consider Alley Closing Application No. 76 submitted by Believer's Fellowship Church - City Clerk (Exhibit 5). E. Consider Alley Closing Application No. 77 submitted by Ronnie and Ellain Lawrence - City Clerk (Exhibit 6). AnrziIST VII. NEW BUSINESS CONTINUED. F.1. a) Motion to read by title only and set August 16, 2005 as a final public hearing date for proposed Ordinance No. 906 amending Section 82-61 Development in and Adjacent to a designated wellhead - City Attorney (Exhibit 7). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 906 by title only. • 2. a) Motion to approve the first reading of proposed Ordinance No. 906. b) Discussion. c) Vote on motion. G. Motion to adopt proposed Resolution No. 05-09 regarding the Fire Fighters Union - City Attorney (Exhibit 8). H. Discuss a moratorium on Street and Alley Closing Applications - Mayor Kirk. Discuss the 2004/2005 Fiscal Year Roadway Improvements Project - Engineer Bermudez. J. Discuss a Code complaint located at 1002 Southeast 8'h Drive - Council Member Chandler. K. Discuss termination of employment of J. Thomas Raulerson; status of hearing offered by City Council on October 29, 2004; consider rescinding offer to hold F.S. Ch. 112 hearing - City Attorney VIII. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. 2005 - CITY COUNCIL AGENDA - PAGE 4 OF 4 • office file of the map- . i! �d PP j PP Fforl'baO eeC 017VV ExteWs t�is .s Expressim of Ay>ppreciatim to y ec ohee H�sto��cq �oc�et In Recognition of Outstanding Service to the Community CTt anafeflow citizens are reatI a reciati o r 9 �� 1 contribution of the Cit-N Sea( Murat at Cit-N Ha . Giv eff off a�f of t o City cmvcW *.f 2"" d y of Ampa; 2005 < In witness whereof I have heremt -10 err x hand ana caxsea tyis seat to b: L, wee .t � � _ .,✓..` net `Zr \y \' P � 3 `3',t?j. r riba Okeec6o6ee, Fto Florid Coirnnunit�r Heald Centers Inc. are nonproA coimmnitJr,orvned and operated iltjj M)im " e uninsured and mehicall and ersenW people in 4mc4ee CountvJi and Y.IZEAS loric?ri ConrminitJr Healo centers Ina exwnds access to gwliitJr ljealO care forall mopleand contant care costs .& fostering preventron and nitegratiny tf e delmerJr of prnn) care nr o aggressive outreaaa p e i 3 •F ?��_ education translaironand ot/ renadlmgservmgs and K� `' 1 HEREAS Flonag cotmmrnitJr Healtlj Centers Ina ljas made great strides in Okeec e County�s A /tlj cares stet r ,� _ s ci all niaintaniin stanc?grds o acrountadil deinonstratin cost e ectiveness and e cienaarn tye ,' ;: ri deliverJr pf c�rre atsd en�yvering tlje conrnrunitJr toad�ress unnretl�realtlj needs, reduae�ltljdisparities a�ad reduce ;"` " :- , preventadle deafljs c�stlJr disabilities and comniunicadle diseases and ': WHEREAS, gIvre is a continuiny need to support implementation of Coimnunit✓ Healtlj Centers tlrot ut tfv state of Flnrid'r as part of Flor&�5 enduring comntitwent to t1te provision of wltvj prinrarJr ywlO care and WHEREASFlonagcommwtJr HealtljCenterslnGpromotesl00%aaiwandzeroliealtAjdzsjwritiestoljelpacljiemprri�ar� 4AOeure forallpeople NOW THEREFORE I jamesF- Ki4 drj zwWeof tIeau*ritJr vested mmeasAfagmrof t/ City af 4M do er�jr , pr©claiistAugust7-13i2oOsas IWATIONAL COMMUNITYIIEALTHCENTL'R WEEK"i i6kwAA69& andur yet cdiizems to rg ize t'IV tibonFlorda commmkyHealtlCenters In4 in9wl' oIllfe for all,moplentlCiJ of Oe� saf�s ng �x xfitxess nrljereof I gave �erexrxta;iel m,�,,,., - Avid axd mused 4�6sealto �e 1 F Attest:' v Lane Gamiroter * 41 , -17 • • FXN/8/T f AUGUST 2, 2005 ORDINANCE NO. 902 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 636 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C); 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. 05-009-SSA) for a small-scale amendment to the Future Land Use Element of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Land Planning Agency at a duly advertised meeting, and submitted by staff report, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part 11, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, that: SECTION 1. SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. The following described land consisting of approximately 0.20 acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: Page 1 of 2 0 • a. Application No. 05-009-SSA, from Single Family to Commercial. The Legal Description of Subject Property is as follows: LOT 3, AND THE WEST 10 FEET OF LOT 2, OF BLOCK 144, CITY 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. 902 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 2 11D day of Au ust, 2005. ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the 2 nd day of Au ust, 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 LL _ MEMORANDUM n,8,5d To: Mayor and Council From: Lane Gamiotea, City Clerk Subject: Ordinance No. 902/Future Land Use Map Amendment No. 05-009-SSA Date: July 27, 2005 This is the final public hearing regarding Ordinance No. 902 to consider approving Comp. Plan Small Scale Future Land Use Map Amendment Application No. 05-009-SSA. The application was submitted by the property owners, Haynes and Susan Williams. The request is to change the future land use on Lot 3 and the West 10 feet of Lot 2 of Block 144, City of Okeechobee, from Single Family to Commercial. The property is located at 408 NE 31 Street. • All fees have been paid. • The ordinance was advertised in the Okeechobee News on July 22. • The Planning Staff found the application not to be in compliance with the Comprehensive Plan and does not recommended approval. The Land Planning Agency is recommending approval, see attached July 26, 2005 LPA Meeting minutes and Planning Staff Report. • 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. 05-006-R). Please do not hesitate to contact me should you require any additional information regarding this application. Thank you. City of Okeechobee General Services Department 55 S.E. 3`d Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: u a� Petition No. 05 _ Q _ SS Fee Paid: t 500 jurisdiction: L PA eC 1st Hearing: -1 I aLo 105 2nd Hearing: $ I �. I ®5 Publication Dates: Notices Mailed: Comprehensive Plan Map Amendment Application Please Check One: x Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s): Haynes E. Williams and Susan Williams A Owner mailing address: 206 N. Parrott Ave., Okeechobee, FL 34972-2931 P_ r Name of applicant(s) if other than owner (state relationship): Same i Applicant mailing address: Same c A Name of contact (state relationship): Same person T Contact person daytime hone(s): 863 610-2390 Fax: 863 763-4268 ✓ Property address / directions to property: 408 NE 3rd St . , Okeechobee, FL 34972 Parcel Identification Number: 3-15-37-35-0010-01440-0030 Size of the Property (in acres): 0.20 acres Current Zoning Designation: RSF-1 P. R; Current Future Land Use Designation: Single Family O ! Existing Use of the Property: Temporary real estate office + 2 bedroom apartment P E Proposed Future Land Use Designation: Commercial R: T Proposed Use of the Property: Real estate brokerage on 1st floor and two bedroom Y' apartment on the second floor. Description of Surrounding Properties: 2 dentist offices, MCDon$ld's, Wise Tv & Radio Shack, Watford Trucking, Beauty shop.& florist, Church of God, Attorney Colin Campbell's office, single family residences Legal Description of the Property (Lengthy Description May be Attached): Lot 3 and the west ten feet._of._Lot_2,--Block 1441 City of. -Okeechobee Uniform Land Use Application (rev. 12/03) Page I of 2 "0 Haynes E. Williams June 23, 2005 Printed Name Date „-�.,,, S�s�r1 GtJ�Ilra�s 1pa�-OS Uniform Land Use Application (rev. 12/03) Page 2 of 2 HAYNES E. WILLIAMS 206 NORTH PARROTT AVENUE OKEECHOBEE, FL 34972 OFFICE: (863) 763 - 8051 - FAX: (863) 763 - 4268 CELL: (863) 610 - 2390 June 23, 2005 City of Okeechobee General Services Department 55 S.E. 3`d Avenue, Room 101 Okeechobee, FL 34974-2903 Re: Comprehensive Plan Map Amendment Application Parcel 3 -15 -3 5 -3 7-0010-01440-003 0 Lot 3 and the West 10 feet of Lot 2, Block 144, City of Okeechobee To Whom It May Concern: The two-story duplex located on the subject property was built in 2000 by Mike and Patricia Powell and purchased on December 26, 2002 by Haynes and Susan Williams. Presently, it is non -conforming Single Family RSF-1. The downstairs is occupied by a real estate brokerage and the upstairs is rented out as a two-bedroom/one-bath apartment. Adjacent to the subject property are single-family residences, professional offices (two dentists, one attorney), Watford Trucking depot, Church of God, McDonald's, Wise TV/Radio Shack, and a new commercial building under construction one block to the west. We are submitting this application to change the future land use designation from Single Family Residential (RSF-1) to Light Commercial (CLT). Susan Williams w z ord 801 orb 484 0 0 7 8 9 10 11 12 50 50 6 5 0 4 3 2 1 0 Ord 801 orb 484 p 52 u 0 7 8 9 i0 0 11 12 50 50 1 6 1 5 4 1 3 1 2 1 0 �n o 7 8 9 10 11 12 50 50 50 50 6 5 4 3 2 1 Q Q LC1 N 7 g g 10 11 12 50 STATE ROAD 70 �— 300 Q w z b 0 b 9 J 1 N 11� Q 7 8 9 10 11 12 50 - 50 6 5 4 3 2 i 0 o 7 7 8 9 10 11 12 50 50 300 LD �i z 7 8 9 110 11 12 50 50 50 50 6 0 in 5 4 3 2 1 o 0 T 0 7 $ 9 10 11 12 50 50 50 50 u, 6 5 4 3 2 N N N LCl N 7 8 9 10 ii N 12 50 50 C-CD �i z 1375 Jack Street, Suite 206 • Fort Myers, orida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 : Email: larue-planning(a,att.net Staff Report -Small Scale Comprehensive Plan Amendment Prepared for • The City of Okeechobee Applicant: Haynes and Susan Williams From: Single Family to Commercial Petition No.: 05-009-SSA 0 Staff Report Small -Scale Comprehensive Plan Amendment • Applicant: Haynes & Susan Williams Petition No. 05-009-SSA Applicant: Haynes & Susan Williams Applicant Address: 206 W. Parrot Avenue Okeechobee, FL 34972 Applicant Phone Number: 863-610-2390 Future Land Use Map Classification Existing Single -Family Proposed Commercial Zoning District RSF-1 CLT Use of Property Office & Apartment Office & Apartment Acreage 0.20 acres Access NE 3rd Location: 408 NE 3rd St. Legal Description: Lot 3, and the West 10 feet of Lot 2, Block 144, Okeechobee, according to the Plat there of recorded in P.B 5, Pg. 5, Public Records of Okeechobee County, FL. Request: The matter for consideration is an application for an amendment to the City of Okeechobee Future Land Use Map. Based on the size of the subject property this application qualifies under F.S. §163 as a "Small Scale Amendment" to the Plan. Adjacent Future Land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification: Zoning District: Existing Land Use: East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification Zoning District: Existing Land Use: West: Future Land Use Map Classification Zoning District: Existing Land Use: Single -Family RSF — 1 Vacant Single -Family RSF— 1 Single Family residence Multi -Family RMF Vacant Single -Family RSF — 1 Single Family residence • 0 Staff Report Applicant: Haynes & Susan Williams Small -Scale Comprehensive Plan Amendment Petition No. 05-009-SSA The subject property is developed with a 2-story duplex that is currently being used as an office (downstairs) and a rental apartment (upstairs). The applicant is not proposing to change the existing use only the FLU And Zoning. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. As proposed the applicant's request would be inconsistent with the Commercial land use category and the Plan policies that control such uses. B. Concurrency of Adequate Public Facilities The subject property is already developed and is included with the City's service area. C. Compatibility with Adjacent and Nearby Land Uses The existing neighborhood seems to reflect a low level of residential intensity with little commercial areas in the neighborhood. Commercial uses would be inconsistent with the existing pattern of nearby land uses. D. Compliance with Specific Standards of the Plan. There is no evidence presented to show this property, in terms of compatibility, would be best served by changing it's Future Land Use Classification to Commercial. Analysis and Conclusions The request to change the Future Land Use classification for the subject property from Single -Family to Commercial should be denied based on the above information. Whatever use that is present must be reviewed separately as to whether it is there as a nonconforming use or allowed by other action. Maps or Diagrams Submitted by: James G. LaRue, AICP July 19, 2005 2 I n m RBF N89' 56' 57' W 60.04' (F ) i 2 STORY , = FRAME s co co 49. BV — oS 3 i A � I I � I I L 0 T 4 o IL 0 T 31 I I $ I I � I I I I I I co N ao cc m I I I I I I ACREAGE- .207 I I i I I I I I I I I I RBF 589' 49' 18' E 60.05' f F) 1 5' A L L E Y N. E. 3RD AVE CENTERLINE I� f.•7sF N89' 57' 00' W 90. 09' ( F) L 0 T 2 LEGEND RBF - Rebar Found m PBS - Rebar W/Cap Set IPF - Iron Pipe Found CMF - Concrete Monument Found PRM - Permanent Reference Monument NIT - NAIL AND TAB FOUND —+RBF (P) - As per the plat of (F) - Field Measurement (D) - As per the deed (C) - Calculation NOTES: t. Basis bearing THE NORTH BOUNDARY LINE 2. Bearings per ASSUMED 3. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 4. Description as per owner STREET ADDRESS: 209 NORTH EAST 3RD AVENUE CERTIFIED TO: HAYNES E. AND SUSAN WILLIAMS SURVEY OF: LOT 3, AND THE WEST 10 FEET OF LOT 2, BLOCK 144, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. CERTIFICATE OF SURVEY I HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOWN HEREON WAS PREPARED UNDER MY DIRECTION AND SUPERVISION. LELAND DYALS, RLS 2084 _ in - 30' LDCArt= L- 3 c AEST UY L- X B- J44 22/37/35 L EL IV D D Y� L S D '' MW MUM HAYNES M : s342 R. L. S. 2084 LIL � 304 a M 3rd Ave.. Okeechobee. Fla. °� � WILLIAMS "°`� PHONE .... 789-4M FAX .... 793-aw � NVISIOM DATE BY W-4L F. 8. /Pg :CO. !9/43-44 1 1 1 OF .......... . ... ........ . ......... .............. A ....... .......... - .............. ........... .......... ...... ......... ................................. Ok- CkS ly ........ . . . . ... . . . . . . . . . ............. ....... ......... . . 1 1 Oow Paj'5 va- U). vaat'vJ Florist .......... X&O . ... .......... ............. ....... ........................... .......... t. . .................... ...... ............. .......... . ... ....... t. ..... . ................... -cc . L . k . A.;) JODmnier6iol 146LA ol US ......... ....... CV5 fib' 7R7, 7 ............... lam R.3 ; , 7 -.1-1-I...........'.- ................. .. . -Z-7 ................ Julv 26. 2005 - Land Plannine AL-encv - Pa2c 2 of 4 III. New Business. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultant, 009-SSA. Consider a recommendation to the City Council, to change the land briefly described the Staff Report as follows: use designation from Single Family to Commerical. The subject property is located at 408 NE 3rd Street. The property owners and applicants are Haynes and Planning Staff Report Summary of Application: The subject property is developed with a 2- Susan Williams - City Planning Consultant. story duplex that is currently being used as an office (downstairs) and a rental apartment (upstairs). 11 The applicant is not proposing to change the existing use only the FLU And Zoning. • Planning Staff Report Comprehensive Plan Analysis: (A) Consistency with the Land Use Categories and Plan Policies. As proposed the applicant's request would be inconsistent with the Commercial land use category and the Plan policies that control such uses. (B) Concurrency of Adequate Public Facilities. The subject property is already developed and is included with the City's service area. (C) Compatibility with Adjacent and Nearby Land Uses. The existing neighborhood seems to reflect a low level of residential intensity with little commercial areas in the neighborhood. Commercial uses would be inconsistent with the existing pattern of nearby land uses. (D) Compliance with Specific Standards of the Plan. There is no evidence presented to show this property, in terms of compatibility, would be best served by changing it's Future Land Use Classification to Commercial. Planning Staff Report Analysis and Conclusion: The request to change the Future Land Use classification for the subject property from Single -Family to Commercial should be denied based on the above information. Whatever use that is present must be reviewed separately as to whether it is there as a nonconforming use or allowed by other action. There was a brief discussion between the Agency Members and Attorney Cook related to non- conforming uses within Commercial zoning districts. Chairperson Ledferd explained that the property surrounding that area is mostly commercial type uses. Attorney Cook explained that if the application is denied, only the residential use would be permitted to continue. If the application is granted the commercial use could continue; then, if a Special Exception is granted the residential use could also continue as long as all City requirements are met. Julv 26, 2005 - Land Planning Agency - Page 3 of 4 IV. New Business. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- Agency Member Whidden questioned Attorney Cook whether it was customary to change the 009-SSA, continued. zoning/land use of one lot in the middle of the block. Attorney Cook responded that it would be considered spot zoning, however the trend in the area should also be considered. Agency Member McCoy stated that the new developments in that area are more of a commercial nature than residential homes being constructed. • Susan Williams, property owner, explained to that Agency that the property is currently being used as a rental apartment upstairs and a temporary real estate office downstairs. She explained that another one of their properties were destroyed by last years hurricanes. The tenant of that property, Okeechobee Land Company, is currently occupying the downstairs as their office. Once their original location is repaired they will be moving back. Mrs. Williams indicated that they are proposing to sell the property. Mrs. Williams provided the Agency with a map of the area listing the uses of the surrounding properties within that area. She explained that the map will show that the area is primarily used for commercial businesses. Attorney Cook explained that the new property owner must comply with all City Codes; including, but not limited to, paved parking, landscaping, and drainage. There was no public comments, nor any further discussion from the Agency. • Agency Member MCoy motioned to recommend to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application No. 05-009-SSA to change the land use designation from Single Family to Commercial; seconded by Agency Member Hoover. VOTE BURROUGHS-YEA HOOVER - YEA K. FELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. C1 10 FXN/8/T Z AUGUST Z, 2005 ORDINANCE NO. 903 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 RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) 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 (Petition No. 05-006-R) pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.20 acre(s) from Residential Single Family -One (RSF-1) Zoning District to Light Commercial (CLT) 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 3, AND THE WEST 10 FEET OF LOT 2, BLOCK 144, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED 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 Residential Single Family -One (RSF-1) Zoning District to Light Commercial (CLT) 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 2` d day of Au ust 2006. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 161' day of August, 2005. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor rGeneral f Okeechobee Date Le, I a-t I D� _ Services Department Fee Paid: . 3`d Avenue, Room 101 1stHearing: aQ hobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Publication Dates: Fax: (863) 763-1686 Notices Mailed: Uniform Land Use Application Rezone - Special Exception - Variance Petition No. 05-O©ro — R Jurisdiction: r p I LAL, 2nd Hearing: Yja + $� qName of propertyowner(s): Ha nes E. Williams and Susan WilliamsOwner mailing address: 206 N . Parrott Ave . , Okeechobee, FL 34972-2931 P P Name of applicant(s) if other than owner (state relationship): Same L I Applicant mailing address: Same C A Name of contact person (state relationship): Same N Fax: (863) i TContact person daytime phone(s)• (863) 610 2390 ✓ Property address / directions to property: 408 N.E. 3rd St., Okeechobee, FL 34972 Indicate current use of property: TemDorary real estate office + 2 bedroom apartment Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): 2—story duplex with an office downstairs and a 576 s ft apartment upstairs Approximate number of acres: 0.20 Is property in a platted subdivision? City of Okeechobee Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: P R No O Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, P nature and applicant's name: None E No, ro osed sale to Patricia Goolsby R Is a sale subject to this application being granted. proposed T Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Y Describe adjoining land uses / improvements to the North: Vacan- South: McDonalds East: West: Residenc Existing zoning: RSF-1 Future Land Use classification: Sin F ions Requested: (X)Rezone (� Special Exception (� Variance rcel Identification Number• 3 15 37 35-0010-01440-0030 ✓ 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 frte of up to $500. 0 nd imprisonment of up to 30 days and may result in the summary denial of this application. Haynes E. Williams June 23, 2005 Si a Printed Name Date /"'ay,61 -dam Uniform Land Use Application (rev. 1iO3) Page 1 of 2 Current zoning classification: RSF-1 Requested zoning classification : CLT R What is your desired permitted use under the proposed classification: Main use will be a 1st floor E professional office with a 576 sq ft apartment ori_the second floor. Z O N If granted, will the new zone be contiguous with a like zone? Commercial to the south and r/ E single famil to the north, east, and west Is a Special Exception necessary for your intended use? Yes Variance? No Describe the Special Exception sought: S P E C Provide specific LDR ordinance citation: I A L Are there other similar uses in the area? Is so, describe: E X' C E Why would granting your request be in the best interest of the area and residents? P T I � If business, briefly describe nature including number of employees, hours, noise generation and activities to e N conducted outside of a building: Describe Variance sought: 1'I A R Describe physical characteristic of property that makes variance necessary: I A N C I Did you cause or contribute to the characteristic? Is so, describe: E 11 What is the minimum variance necessary? Uniform Land Use Application (rev. 1/03) Page 2 of 2 i HAYNES E. WILLIAMS 206 NORTH PARROTT AVENUE OKEECHOBEE, FL 34972 OFFICE: (863) 763 - 8051 - FAX: (863) 763 - 4268 CELL: (863) 610 - 2390 June 23, 2005 City of Okeechobee General Services Department 55 S.E. 3`d Avenue, Room 101 Okeechobee, FL 34974-2903 Re: Uniform Land Use Application Parcel 3 -15 -3 5 -3 7-0010-01440-003 0 Lot 3 and the West 10 feet of Lot 2, Block 144, City of Okeechobee To Whom It May Concern: We, the applicants, have owned the subject property since December 26, 2002. Located on the subject property is a two-story duplex with a one-bedroom/one-bath apartment on the first floor and a two-bedroom/one-bath apartment on the second floor. Presently, it is non -conforming Single Family RSF-1. In addition, the downstairs is occupied by a real estate brokerage and the upstairs is rented out as a two-bedroom/one- bath apartment. We, the applicants, have proposed to sell the duplex to Goolsby Realty subject to getting the property rezoned from Residential Single Family (RSF-1) to Light Commercial (CLT). As noted on the application, there are numerous businesses located near the subject property. The intended use of the subject property will be light commercial. The nature of the activities will be consistent with that of a real estate brokerage. We do not anticipate any future development of the subject property. We are submitting this application to rezone the subject property from Single Family Residential (RSF-1) to Light Commercial (CLT). Sincerely, Susan Williams s 04 91 PAR 13193 Prepared -by and return to JOHN D. CASSELS, JR. Attorney at Law Cassels & McCall P.O. Box 968 400 NW Second Street Okeechobee, FL 34973 File No.: 664 Parcel Identification No. 345-37-35-0010-01440-0010 'Space Above Documentary SUMPS paid in ft amount of r $ ! 910. -()b Class C Intanidb,{e Tax paid in the amount of S `(3- Sharon Robertson, Clerk of Circuit Court Ok - County F1° �a By: Q� 0.1t,( D.C. �±t8i This Line For Recording Datal R ' � 0.� Warranty Deed p �D (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 20th day of December, 2002 Between PATRICIA POWELL, a single woman, ward, by MARGARET McCONNELL as Guardian of the property of PATRICIA POWELL whose post office address is 1226 Lake Geneva Drive, Lake Worth, FL 33461 of the County of Palm Beach, State of Florida, grantor*, and HAYNES E. WILLIAMS and SUSAN WILLIAMS, his wife whose post office address is 208 North Parrott Avenue, Okeechobee, FL 34972 of the County of Okeechobee, State of Florida, grantee*, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County Florida, to -wit: LOTS 1,2,3,10,11,12 OF BLOCK 144, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. THIS DEED is executed and delivered pursuant to that certain Order for Sale signed on December 2002, in that certain guardianship proceeding in the Circuit Court of Okeechobee County, Florida, entitled "In re: Guardianship of Patricia Powell", being Case No. 2000-CF-507A in the files of said Court Subject to restrictions, reservations and easements of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. "Grantor" and "Grantee" are used for singular or plural, as conteid requires. - In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: POTTC-I—A&1!!�LLward,yMARGARET MCCONNELL, Guardian of the Property of Patricia Powell FitED Fi}R .RECORD Or,EECH013EE COU14FY, FLA. 382611 az.°26 Ft ;: State ofFlori S-HAR R.OBERTSOA/ County of j-K D CIRCUIT COUR.T ,,/ ✓ The fo, go'ng'ns cent was Pl>mowlefted before me thisoia day of I) ` Margaret McConnell. Guardian of the Pm December. 2002 by Patricia Poore ward, by party of Patricia Powell, who as identification. j�is personally known or [] has produced ./ (Notary r MARYASOGAERT Notary u NNE ;.:_ MY COMMISSION t: CC 856941 Printed N n e EXPIRES. Jury 18, 2003 / M Commission Expires: eaWaa tHulWmry P�6Yeunaennwi. Y RBF C- L 0 T 4 I n M N89056' 57' N 60.04' IF) I I CV C 0 N C I PAD I " 2 STORY = FRAME a x I I I I IL 0 T 31 1 1 1 1 1 1 I I (V tfj com I I I I I I ACREAGE- . 207 1 1 I I I i I I I S89' 49' 18' E 60. 05' I F) 1 5' A L L E Y L EL AND D Yak L S R. L. S. 2084 304 S. N. 3rd Ave.. Okeechobee, Fla. PHOW .... 70-4M FAX .... 783-2M N. E. 3RD AVE CENTERLINE I RBS N89° 57' OWN 90.09' I F) I I i I i I I LL o o �o o L 0 T 2 �+ o 0 ti c � z w 3 RBS Lo M LEGEND RBF - Rebar Found RBS - Reber W/Cap Set 1PF - Iron Pipe Found CMF - Concrete Monument Found PRM - Permanent Reference Monument NIT - NAIL AND TAB FOUND RBF CP1 - As per the plat of CF) - Field Measurement (D) - As per the deed CC) - Calculation NOTES: 1. 2. 3. 4. Basis bearing THE NORTH BOUNDARY LINE Bearings per ASSUMED Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. Description as per owner STREET ADDRESS: 209 NORTH EAST 3RD AVENUE CERTIFIED TO: HAYNES E. AND SUSAN MILLIAMS SURVEY OF. LOT 3, AND THE WEST 10 FEET OF LOT 2, BLOCK 144, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY. FLORIDA. CERTIFICATE OF SURVEY I HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOWN HEREON WAS PREPARED UNDER MY DIRECTION AND SUPERVISION. LELAND DYALS, RLS 2084 30' LOCATIO)CL- 3 c MEET to' L- 2. e- 144 Owurm =war HAYNES M.: L'�' WILLIAMS BE& F. 9. /Pg : Ge. i9/13-44 U/87/36 • 1375 Jade Street, Suite 206 Fort Myers, lorida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(a,att.net Staff Report Rezoning Request Owner: Haynes E. and Susan Williams From: Residential Single Family, RSF-1 To: Light Commercial, CLT Petition No. 05-006-R Staff Report Applicant: Haynes and Susan Williams Rezoning Request Petition No.: 05-006-R Applicant and Owners: Haynes E. and Susan Williams Applicant Address: 206 N. Parrott Avenue Okeechobee, FL 34972-2931 Applicant Phone Number: 863-610-2390/ Fax: 863-763-4268 Parcel ID Number Existing Proposed 3-15-37-35-0010-01440-0030 Future Land Use Map Classification Single -Family Commercial Zoning District RSF-1 CLT Use of Property Office & Apartment Office & Apartment Acreage 0.20 acres Access N.E. 3rd Location: 408 NE 3rd St. Legal Description: Lot 3, and the West 10 feet of Lot 2, Block 144, Okeechobee, according to the plat thereof recorded in P.B. 5, Pg 5, Public Records of Okeechobee County, FL. Request: The applicant requests that the zoning for the subject property be changed from Residential Single -Family One (RSF-1) to Light Commercial (CLT). The applicant is also requesting a Small Scale Map Amendment from Single -Family to Commercial. Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Single -Family Zoning District: RSF-1 Existing Land Use: Vacant East: Future Land Use Map Classification: Single -Family Zoning District: RSF-1 Existing Land Use: Single -Family residence South: Future Land Use Map Classification: Multi -Family Zoning District: RMF Existing Land Use: Vacant Staff Report • Applicant p Haynes and Susan Williams Rezoning Request Petition No.: 05-006-R West: Future Land Use Map Classification: Single -Family Zoning District: RSF-1 Existing Land Use: Single -Family residence The subject property is in an area with residential uses. The residential use for this property is compatible with the abutting properties; however, the real estate office does not suit the neighborhood. The proposed zoning of CLT would be consistent with the Commercial FLU designation if approved in a separate application. The proposed zoning, on the other hand, is not consistent with the surrounding land uses. Analysis - 1. The proposed use is not contrary to Comprehensive Plan requirements. The application is not consistent with the requirements of the City's Comprehensive Plan. The applicant's request for a Small Scale Land Use Map Amendment to allow a Commercial Land Use Category is inconsistent as it pertains to the intent and use of the Commercial Land Use Category as described in the Comprehensive Plan. The current Single -Family Future Land Use Category and the current RSF-1 Zoning District are both compatible with each other. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The current residential use is authorized under the current RSF-1 Zoning District. The commercial use is not. If this request is granted then the situation would be the same but vice versa. Whereas the commercial use would be compatible with the CLT zoning, but the residential use would not be compatible. 3. The proposed use will not have an adverse effect on the public interest. Yes, the proposed zoning to CLT could have an adverse effect on the public interest. 2 0 • Staff Report Applicant: Haynes and Susan Williams Rezoning Request Petition No.: 05-006-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. No, the use is not appropriate for this location. The office space stated as "temporary" on the application but is still not compatible with adjacent land uses and would be detrimental to urbanizing land use patterns. 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. If granted, the commercial use could adversely affect property values and be a deterrent to development to adjacent residential areas. 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, the proposed change can be suitably buffered from the surrounding uses. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No, the use will not overburden public facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Yes, the proposed change could increase traffic congestion or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The only restrictions on this property are those set forth by the Comprehensive Plan and The Land Development Code. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. If granted, the change will constitute a special privilege to the owner by allowing commercial uses in a residential neighborhood. 3 • • Staff Report Applicant: Haynes and Susan Williams Rezoning Request Petition No.: 05-006-R Recommendation Staff recommends denial of the request to allow rezoning from RSF-1 to CLT based on the above data and analysis. Submitted by: James G. LaRue, AICP Planning Consultant July 19, 2005 M 26.2005 - Planning Board - Page 2 of 5 IV. NEW BUSINESS. A. Rezoning Petition No. 05-006-R. Consider a recommendation to the City Council to rezone Lot 3 and the West half of Lot 2, Block 144, City of Okeechobee from Residential Single Family - One (RSF-1) to Light Commercial (CLT). The property owners and applicants are Haynes and Susan Williams. • Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: The subject property is in an area with residential uses. The residential use for this property is compatible with the abutting properties; however, the real estate office does not suit the neighborhood. The proposed zoning of CLT would be consistent with the Commercial FLU designation if approved in a separate application. The proposed zoning, on the other hand, is not consistent with the surrounding land uses. Planning Staff Report Analysis: (A) The application is not consistent with the requirements of the City's Comprehensive Plan. The applicant's request for a Small Scale Land Use Map Amendment to allow a Commercial Land Use Category is inconsistent as it pertains to the intent and use of the Commercial Land Use Category as described in the Comprehensive Plan. The current Single -Family Future Land Use Category and the current RSF-1 Zoning District are both compatible with each other. (B) The current residential use is authorized under the current RSF-1 Zoning District. The commercial use is not. If this request is granted then the situation would be the same but vice versa. Whereas the commercial use would be compatible with the CLT zoning, but the residential use would not be compatible. (C) The proposed zoning to CLT could have an adverse effect on the public interest. (D) The use is not appropriate for this location. The office space stated as "temporary" on the application but is still not compatible with adjacent land uses and would be detrimental to urbanizing land use patterns. (E) The commercial use could adversely affect property values and be a deterrent to development to adjacent residential areas. (F) If necessary, the proposed change can be suitably buffered from the surrounding uses. (G) The use will not overburden public facilities. (H) The proposed change could increase traffic congestion or otherwise affect public safety. (I) The only restrictions on this property are those set forth by the Comprehensive Plan and The Land Development Code. (,I) If granted, the change will constitute a special privilege to the owner by allowing commercial uses in a residential neighborhood. Planning Staff Report Recommendation: Staff recommends denial of the request to allow rezoning from RSF-1 to CLT based on the above data and analysis. Ms. Morgan explained that since the Land Planning Agency recommended approval for the Comprehensive Plan Future Land Use Map Amendment from Single Family to Commercial, the Light Commercial (CLT) zoning district would be consistent with the Comprehensive Plan. 26.2005 - Planning Board - Page 3 of 5 • P IV. NEW BUSINESS. A. Rezoning Petition No. 05-006-R, continued. B. Rezoning Petition No. 05-007-R. Consider a recommendation to the City Council to rezone Lots 21 and 22, Block 31, City of Okeechobee from Residen- tial Single Family - One (RSF-1) to Residential Multiple Family (RMF). The property owners and applicants are William and Catherine Fagan, represented by Nathan Pippin. There was no public comment, nor any discussion from the Board. Board Member McCoy motioned to recommend to City Council to approve Rezoning Petition 05- 006-R, changing the zoning from Residential Single Family - One (RSF-1) to Light Commercial (CLT); seconded by Board Member Burroughs. VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. Haynes Williams, property owner, requested to address the Board. He explained that approxi- mately one year ago the Board approved a rezoning request for one of the properties located near his property. He explained that the Planning Staff recommended approval on that rezoning petition stating that there would be "no adverse affect". Mr. Williams continued by explaining that the Planning Staff stated that the proposed rezoning "would have an adverse affect" on the surrounding area. Mr. Williams explained that he counted thirty-seven (37) businesses and five (5) residences. Mr. Williams thanked the Board for the favorable recommendation to the City Council. Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultant. briefly described the Staff Report as follows: Planning Staff Report Summary: N/A Planning Staff Report Analysis: (A) Residential multi -family use and RMF Zoning is consisten with the Comprehensive Plan policies and the Future Land Use Map designation of Multi-Famil: for this property. (B) Multi -Family development is authorized under the RMF Zoning District (C) Multi -family dwellings will not adversely affect the public interest. (D) Multi -family use ani 0 FXHNIT 3 AUGUST Z 2005 ORDINANCE NO. 904 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 (Petition No. 05-007-R) pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.344 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 21 AND 22, OF BLOCK 31, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED 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) 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 • 0 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 V day of August 2005. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 161' day of August, 2005. ATTEST: Lane Gamiotea, CIVIC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor • Aft 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: Petition No. 05_ `7 _ Fee Paid: SQL Jurisdiction: P 1( 1 1st Hearing: , © 2nd Hearing: Publication Dates: Notices Mailed: Uniform Land Use Application Rezone • Snecial F,xcention • VnrinnrP ✓ Name of property owner(s): William & Catherine Fagan A P Owner mailing address: 624 St. Lucie C r e s e n t # 4 0 5 Stuart, FL 34994 P Name of applicant(s) if other than owner (state relationship): L I Applicant mailing address: C A Name of contact person (state relationship): Nathan Pippin, Realtor/Broker N T Contact person daytime phone(s): 8 6 3— 7 6 3— 3 5 6 6 Fax: 8 6 3— 7 6 3— 8 617 ✓ Property address / directions to property: T B D NE 10 t h Street Indicate current use of property: Vacant/Residential Describe improvements on property, including number/type of dwellings and whether occupied (ifnone, so state): None Approximate number of acres: .34 Is property in a platted subdivision? Yes P R Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: No 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: No E R Is a sale subject to this application being granted? No T Y Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Yes Describe adjoining land uses / improvements to the North: Residential/multifamily/Vacant South: Commercial/Indust.East: Residential/Comm. West: Vacant/Mltfml Existing zoning: R S F Future Land Use classification: Multifamily Actions Requested: x x Rezone (_) Special Exception (_) Variance Parcel Identification Number: 3 —15 — 3 7 — 3 5 — 0 010 — 0 0 310 — 0 210 ✓ Confirmation of Information Accuracy I hereby certify that the informed - in this application is correct. The information included in this application is for use by the City of Okeechobee in fine essing my request. False or misleading information may be punishable by a of up to $500 0 an s e f up to 30 days and may result in the summary denial of this application. t n r Printed Name Date Uniform Land Use Application (rev. 1/03) Page 1 of 2 Jun 23 05 07:41P PIPPIN PROPERTIES RERLTY 863-716-8617 P•3 Current zoning classification: C.tt V Requester zoning classification : xu_ 1�1-c_-, R What is your desired permitted use under the proposed classification: E The property owner's intent is to construct a multifamily Z structure on the subject property. O N If granted, will the new zone he contiguous with a ld;e zone? E Yes _ Is a Special Exception necessary for your intended use? No Variance? No -ji diDescribe Variance sought A R Describe physical characteristic of property that makes variance necessary: I A N C Did you cause or contribute to the characteristic? is so, describe: E What is the minimum variance necessary? Uniform band Use Application (rev. UD3) Page 2of2 No One Knows The Country Like We Da' June 22, 2005 Re: Rezoning Application To: City of Okeechobee From: J. Nathan Pippin Please find attached an application to rezone property in the City of Okeechobee. Attached to this application is a check in the amount of $500.00 to cover any fees associated with the application. If you have any further questions, please feel free to contact me. Submitted, J. Nathan Pippin Broker/Realtor United Country — Pippin Properties 210 NW Park Street, Suite 202 Okeechobee, Florida 34972 863-763-3566 Office 863-763-8617 Fax June 22, 2005 Re: Statement of Interest To: City of Okeechobee From: William Fagan Currently, my wife and I own the property described as Lot 21 and 22, Block 31, Okeechobee. Submitted William F CJ 111111 1 1a N1111111113 UN 111 FILE HUM 2005006777 THIS INSTRUMENT PREPARED BY AND RETURN TO: OR B K 00558 PG 0937 Shannon Mulholland SHARON ROBERTSONr CLERK OF CIRCUIT COURT DY.EECHDBEE CDUNTYY FL Elite Title, Inc. RECORDED 04/05/2005 11:43:55 AM 1120 South Parrott Avenue RECORDING FEES 10.00 DEED DOC 0.70 Okeechobee, Florida 34974 RECORDED BY G Meubourn Property Appraisers Parcel Identification (Folio) Numbers: 3-1"7-35-0010-00310-0210 Space Above This Line For Recording Data THIS WARRANTY DEED, made the 1st day of April, 2005 by Dean Weldliag, a Single Man, and Carl Weidling, a Single Man, whose post office address is 1237 Second Ave, San Francisco, CA 94122 herein called the grantors, to William Fagan and Catherine Fagan, his wife, whose post office address is 624 St.Lucie Crescent # 405, Stuart, FL 34994, hereinafter called the Grantees: (Wherever used herein the terms grantor" and "grantee" Include all the parties to this Instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the grantors, for and in consideration of the sum of TEN AND 00/100'S (S 10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in OKEECHOBEE County, State of Florida, viz.: LOTS 21 AND 22, BLOCK 31, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Subject to easements, restrictions and reservations of record and fazes for the year 2004 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the grantors hereby covenant with said grantees that the grantors are lawfully seized of said land in fee simple; that the grantors have good right and lawful authority to sell and convey said land, and hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2004. IN WITNESS WHEREOF, the said grantors have signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: l�tilL�,„e, 16,ll.1rp.t�- Witness #1 Signature �l�1�������L Witness # 1 Printed Name ^ n r 1 t Witness #2 Signature r'R 11L, L M 0 F �' a Witness #2 Printed Name STATE OF COUNTY OF — r Carl Weidling ll R�' a Sl)d The foregoing instrument was acknowledged before me this 30-t, day of March, 2005 by Carl Weidling who are personally known to me or have roduced u s Pac 1' FF P -tA t s- oI y-"�� a r`ggaS identification. SEAL ",u7 Notary Public My Commission Expires: Pirated Notary Name AUiH 1. M'11A1' Comm. t 131A816 N NOTARY POBLICCALIFOANIA City A Ccunry of Sin Frwciuo UI Comm, Ecprtnc Aug......... `u File No: 05-2314 E t11110011MIN FILE NUM 2005006776 THIS INSTRUMENT PREPARED BY AND RETURN TO: OR RO 0055L PG 0936 SHARDN ROBERTSDNr CLERY. Of CIRCUIT COURT Shannon Mulholland OKEECHOBEE COUNTY, FL Elite Title, Inc. RECORDED 04/05/2005 11:43:55 Ali 1120 South Parrott Avenue RECORDING FEES 10.00 DEED DDC 252.00 Okeechobee, Florida 34974 RECORDED BY G Meubourn Property Appraisers Parcel Identification (Folio) Numbers: 3-15-37-35-0010400310-0210 Space Above This Line For Recording Data THIS WARRANTY DEED, made the 1st day of April, 2005 by Dean Weidling, a Single Man, and Carl Weidling, a Single Man, whose post office address is 1237 Second Ave, San Francisco, CA 94122 herein called the grantors, to William Fagan and Catherine Fagan, his wife, whose post office address is 624 St.Lucie Crescent # 405, Stuart, FL 34994, hereinafter called the Grantees: (Wherever used herein the terms grantor" and "grantee" Include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the grantors, for and in consideration of the sum of TEN AND 00/100'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in OKEECHOBEE County, State of Florida, viz.: LOTS 21 AND 22, BLOCK 31, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA- Subject to easements, restrictions and reservations of record and taxes for the year 2004 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the grantors hereby covenant with said grantees that the grantors are lawfully seized of said land in fee simple; that the grantors have good right and lawful authority to sell and convey said land, and hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2004. IN WITNESS WHEREOF, the said grantors have signed and sealed these presents the day and year first above written. Signed, sealed agiidgivered in the presence of Witness #1 Signature 0J 'IOCdt�/t - - z Witness #1 Printed Name itness #2 Signature Witness #2 Printed Name / STATE OF d rl d 0— COUNTY OF T _ M Dean Weidling sT" The foregoing instrument was acknowledged before me this 3 / day of Maqrch, 2005 by Dean Weidling who are personally known tome or have produced n� ?✓Jma f�ktutRtlK�'/ r was identification. SEAL No Public Printed Notary Name My Commission Expires: Clnd�a # D kIn D4o4772 ,200 s."7�lr+ ►rvu aw`4i"W" File No: 05-2314 No One. Knows The Country like Ife Doi June 22, 2005 Re: Multi Family ZoninN Request Fagan/ TBD NE 10 Street To: City of Okeechobee From: J. Nathan Pippin Please let this letter serve as a request for rezoning to Multi Family. The property in question is described as Lot 21 and 22, Block 31, Okeechobee and is located on NE 1 Oth Street just east of Highway 441 (Parrott Avenue). It is the intent of the property owner, William Fagan, to construct a multifamily structure on the subject site. The size of the building will be directly related to the maximum density allowed by the City of Okeechobee and any related agencies. According to the Okeechobee Utility Authority, there is a waterline approximately 200' feet to the west of the property and a sewer line approximately 200' to the east of the property. If you have any further questions, please feel free to contact me. Submitted, J. Nathan Pippin Broker/Realtor United Country — Pippin Properties 210 NW Park Street, Suite 202 Okeechobee, Florida 34972 863-763-3566 Office 863-763-8617 Fax. r ront (Pacing Northwest) • 0 VX>rL- F Vivmhrrr_u SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED IN THE FIELD.. I FURTHER CERTIFY THAT THIS SURVEY COMPLIES WITH THE MINIMUM TECHNICAL DS SET FORTH IN CHAPTER 61-G-17-6 BY THE FLOR AR LAND SURVEYORS PURSUANT TO SECTION 472. LOR TATUTES, AND THAT THERE ARE NO ABOVE GROUN RO NTS OTHER THAN SHOWN. BY, DATE, PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION #6427 FRED W. REPASS P.S.M. LEGEND, ■ -FOUND CONCRETE'MONUMENT -FOUND 5/8' DIA. IRON ROD $ -EXISTING WIRE FENCE )- -EXISTING CHAINLINK FENCE -% -EXISTING WOOD FENCE (L' -CENTER LINE FFE -FINISH FLOOR ELEVATION PSM -PROFESSIONAL SURVEYOR AND MAPPER R/W -RIGHT-OF-WAY PC -POINT OF CURVE 0 -DELTA ANGLE L -ARC LENGTH X -0.00 -TYPICAL ELEVATION ^� V N 4 Q �? U fli- t 4vbp FIELD WORK COMPLETED: 06/07/05 McINTOSH AND ASSOCIATES SURVEYING & MAPPING 325 SW SOUTH QUICK CIRCLE PORT ST. LUCIE, FLORIDA 34953 <772)878-7568 <offIce & fax) CERTIF. OF AUTHORIZATION NO. LB7332 133hS1. �N 13ftl' Th St Nw 12 Eit Nw 1�h 4�4- I Nor 11 Thi Th St) __ _ 4 Nw loth r -- Ne 13th StL_ I No 12th St 9rie 111h Si 9th SfNo 914 St v+ LEGAL DESCRIPTION: LOT 21 AND 22, BLOCK 31, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA ADDRESS: XXX NE 10TH STREET OKEECHOBEE, FLORIDA SURVEY NOTES: 1. NOT VALID UNLESS SEALED WITH AN EMBOSSE SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OR ❑WNERSHIP. 3. LAND DESCRIPTION HEREON WAS PROVIDED BY THE CLIENT. 4. BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE. 5. THIS SURVEY NOT TO BE USED FOR FENCE INSTALLATI❑N, SPRINKLER SYSTEMS, SHRUBS, GR ANY OTHER UTILITIES WITHOUT REVERIFICATION OF PROPERTY CORNERS. 6. ELEVATIONS SHOWN HEREON ARE BASED UPON N.G.V.D. 1929. 7. SURVEY NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. 8. DIMENSIONS PREVAIL OVER SCALE. CERTIFIED TO: BOUNDARY SURVEY PREPARED ON THE ORDER OF, - f WILLIAM FAGAN SCALEt DRAWN BY, FILE NO.1 1'=20' TMW 05-041-05 • 1375 Jackso ji,,Street, Suite 206 Fort Myersrida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planningna,att.net Staff Report Rezoning Request F Applicant/Owner: William and Catherine Fagan From: CHV To: RMF Petition No. 05-007 R Staff Report Applicant: William and Catherine Fagan Rezoning Request Petition No. 05-007-R General Information Applicant: William and Catherine Fagan Applicant Address: 624 St. Lucie Cresent #405 Stuart, FL 34994 Applicant Phone Number: 863-763-3566 Future Land Use Map Classification Existing Multi -Family Proposed Same Zoning District CHV RMF Use of Property Vacant MF Dwelling Acreage .344 --- Density N/A 10 du/ac Location: NE loth Legal Description: Lots 21 and 22, Block 31, Okeechobee, according to the Plat thereof, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Request: The applicants request that the Zoning be changed from Heavy Commercial (CHV) to Residential Multi -Family (RMF). Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Single -Family Zoning District: RMF Existing Land Use: Vacant East: Future Land Use Map Classification: Single -Family Zoning District: CHV Existing Land Use: Vacant South: Future Land Use Map Classification: Single -Family Zoning District: IND Existing Land Use: Commercial West: Future Land Use Map Classification: Multi -Family Zoning District: CHV Existing Land Use: Vacant/Multi-Family Staff Report Applicant: Am and Catherine Fagan Rezoning Request Petition No. 05-007-R Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. Yes, residential multi -family use and RMF Zoning is consistent with the Comprehensive Plan policies and the Future Land Use Map designation of Multi - Family 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. No, multi -family dwellings will not adversely affect 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. Yes, 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. No, the proposed use and zoning will not be a deterrent to the development of adjacent property. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood 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. Currently the OUA has a 12-inch sewer force -main along NE 3rd Avenue and along NE 1 Ith Street from NE 3rd Avenue to HWY 441. Any sewer connection would require a lift station. The lift station could be constructed to OUA standards and OUA would own and operate the lift station after construction is complete. The developer could construct a smaller lift station, but the lift station would be considered private and must be maintained by the property owner. The OUA has a 18-inch water main within the alley -way of Block 31. Any 2 Staff Report Applicant: William and Catherine Fagan Rezoning Request Petition No. 05-007-R extensions to the east must be large enough to provide fire protection through a fire hydrant. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affectpublic safety. Construction standards should solve any potential flooding or drainage problems. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the proposed use has not been inordinately burdened by unnecessary restrictions. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The subject property is surrounded on two sides by similarly zoned parcels. The proposed change would not grant special privilege to the owner. Summary and Conclusions Prior to Certification Depending on water and sewer availability, the proposed multi -family development appears to be compatible. Landscape Regulations The proposed use would be required to meet the landscaping and buffer requirements of Section 90-531,532, and 536 — 543. Recommendation Staff recommends approval of the request to allow rezoning from CHV to RMF permitting the applicant to develop multi -family units. Submitted by: James G. LaRue, AICP Planning Consultant July 18, 2005 July 26, 2005 - Planning Board - Page 3 of 5 i IV. NEW BUSINESS. A. Rezoning Petition No. 05-006-R, continued. B. Rezoning Petition No. 05-007-R. Consider a recommendation to the City Council to rezone Lots 21 and 22, Block 31, City of Okeechobee from Residen- tial Single Family - One (RSF-1) to Residential Multiple Family (RMF). The property owners and applicants are William and Catherine Fagan, represented by Nathan Pippin. There was no public comment, nor any discussion from the Board. Board Member McCoy motioned to recommend to City Council to approve Rezoning Petition 05- 006-R, changing the zoning from Residential Single Family - One (RSF-1) to Light Commercial (CLT); seconded by Board Member Burroughs. VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. Haynes Williams, property owner, requested to address the Board. He explained that approxi- mately one year ago the Board approved a rezoning request for one of the properties located near his property. He explained that the Planning Staff recommended approval on that rezoning petition stating that there would be "no adverse affect". Mr. Williams continued by explaining that the Planning Staff stated that the proposed rezoning "would have an adverse affect" on the surrounding area. Mr. Williams explained that he counted thirty-seven (37) businesses and five (5) residences. Mr. Williams thanked the Board for the favorable recommendation to the City Council. Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: N/A Planning Staff Report Analysis: (A) Residential multi -family use and RMF Zoning is consistent with the Comprehensive Plan policies and the Future Land Use Map designation of Multi -Family for this property. (B) Multi -Family development is authorized under the RMF Zoning District. (C) Multi -family dwellings will not adversely affect the public interest. (D) Multi -family use and July 26. 2005 - Planning Board - Page 4 of 5 IV. NEW BUSINESS. B. Rezoning Petition No. 05-007-R, continued. 9 i zoning are appropriate for this location. (E) The proposed use and zoning will not be a deterrent' to the development of adjacent property. (F) If necessary, site plan requirements can help to reduce any impacts upon the neighborhood. (G) Currently the OUA has a 12-inch sewer force - main along NE 3rd Avenue and along NE 11th Street from NE 3rd Avenue to HWY 441. Any sewer connection would require a lift station. The lift station could be constructed to OUA standards and OUA would own and operate the lift station after construction is complete. The developer could construct a smaller lift station, but the lift station would be considered private and must be maintained by the property owner. The OUA has a 18-inch water main within the alley- way of Block 31. Any extensions to the east must be large enough to provide fire protection through a fire hydrant. (H) Construction standards should solve any potential flooding or drainage problems. (I) The proposed use has not been inordinately burdened by unnecessary restrictions. (J) The subject property is surrounded on two sides by similarly zoned parcels. The proposed change would not grant special privilege to the owner. Planning Staff Report Summary and Conclusions Prior to Certifications: Depending on water and sewer availability, the proposed multi -family development appears to be compatible. Planning Staff Report Landscape Regulations: The proposed use would be required to meet the landscaping and buffer requirements of Section 90-531,532, and 536 — 543. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from CHV to RMF permitting the applicant to develop multi -family units. 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- 007-R, changing the zoning from Residential Single Family - One (RSF-1) to Residential Multiple Family (RMF); seconded by Board Member McCoy. July 26.2005 - Plannine Board - Page 5 of 5 • IV. NEW BUSINESS. B. Rezoning Petition No. 05-007-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. 0 ATTEST: Katrina Cook, Secretary William Ledferd, Chairperson VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOV - YEA WHIDDEN - YEA MOTION CARRIED. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:43 p.m. • EXHWIT a AUGUST Z 2005 ORDINANCE NO. 905 AN ORDINANCE CLOSING, VACATING AND ABANDONING A PORTION OF THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 17, SOUTH OKEECHOBEE, AS RECORDED IN PLAT BOOK 3, PAGE 37, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an Alley Closing Application (No. 75) from the Hubert and Rachel Phillips, owners of Magic Mile Dairy Queen, Inc. for the closing of a portion of certain alleyway as described in this ordinance to utilize the entire property for future development; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED by the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section One. The alleyway described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: A fifteen foot wide alley running North to South, between Lots 5 to 6, and 11 to 12 within Block 17, SOUTH OKEECHOBEE, according to the plat thereof recorded in Plat Book 3, Page 37 of the public records of Okeechobee County, Florida; together with Section Two. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Three. This ordinance shall be set for final public hearing the 7' day of September. 2005, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 2nd day of August, 2005. James E. Kirk, Mayor Page 1 of 2 0 • ATTEST: Lane Gamiotea, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 71 day of September, 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 OPKEECHOBEE • STREET OR ALLEY CLOSING APPLICATION NOW if property is in two names by the word "and" both si tures�are�required r mple: „ SIGNATURE OF CO- PLICANI�T: v' Print naI(�> Pnnt Name: ball Ufell / In' T e foregoing instrument was acknowledged before me this _ a �' a `J b 11 c Y fT CS. 1 t and QC�e I I d �hl (IIPS who i ersona ly kno to me or (applicant) (co -applicant) who produced as identification and who did (did not) take � - (sl e) � Notary Public, Commission No. (sl atur & Z ILe— )j (Name of Notary typed, printed or stamDe l USA J. NEV.%M Notary Public - State of Flodda MVC0MMWon 5pjes Oct 7, =7 Comminlon # DD 256161 Bonded By National NotaryAun. tiUbll �U r FALL -L L L. ppitfvituNutitbor w +Eltatvee5SI7i�6e#" LP— .°o WARRANTY DEED %Wt�.sJ l� This Indenture made this ! day of September, 1989, BILLY J. HATCHEL and CARRIE L HATCHEL, his wits of 60-1 SW IOTH AVENUE, OKEECHOBEE. FL 34974 GRANTOR`, and MAGIC MILE DAIRY QUEEN, INC. of 521714TH STREET WEST, BRADENTON. FL 34207 GRA.NITEE`, BETWEEN W i T N E S S E T K Tim said Grantor, for and in consideration of the sum of TEN AND WIOO'S ($10.00) Doitars and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted: bargained and sold to the grantee and grantee's heirs forever the following described land located in the County of OKEECHOBEE, State of Florida, to -wit LOTS 5.6. 11 AND 12, BLOCK 17, SOUTH 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 ',NY. and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claim, of aJ persons whomsoever. •Singular and plural arc interchangeable as context requires. W rI'NFSS i'HEREG has heretmto set grantors hand and seal :his day and first above written. ++mitt O ESS BILL CHEL p ( ESS CARRIE L HATCHEL COUNTY OF OKEECHOBEE STATE OF FLORIDA I HEREBY CERTIFY that on this / day of September, 1989. before me, an officer duly qualified to take acknoairdgments. personally appeared BILLY J. HATCHEL and CARRIE L. HATCHEL, his wife to me known to be the pc-son(s) descri cd lv a,d who exaetned the foregoin instrument and acknowledged before the that they acecutcd thu same. p N -IC-my Ezramisslor nib _ Pmpaxd By and Regan To: )OIiN D. CASSFLS, JP, ESQUIRE Post Office Box 968 _ Okeechobee. Florida 34973 — - -- - i File Number: 89-3070 t� t inn JO N93 W • , ii •rY 5 ♦i' �F=.' .. Ai'I��J i1t:li[ I*-� I- -,�3S63 9841 !a hori ed Ignature 1�A�iFi �2 72-/ - — yped Name & Titie Phone No. Date Tiffe Phone Na_ Vale Authorized Signature �� �a 7 Typed Name Title Phone No. Dat�— - ....KE.c��. Phone No. Date D' 1it�e� For City of Okeechobee & First Authorized Signature Typed Name & Title to City of Okeechobee Subdivisions: Phone No. Page 3 DEPARTMENT . Authorized Signature Data Dcrriie RJoertsm / Public WWm Director Typed Name & Title M 7 a ,i Signature Date Oscar Bm x3ez / City II- pEpX Typed Name & Title c POLICE T DEPARTMENV. A o ed ! re Date —� Major Bob Baterson Typed Name & Title DEPARTMENT =G J f Au orized Signature Fire Chief Herb Ehath Typed Name & Title �.jl-llwa��� Date ADMINISTRATION: sized Signal Fe Date' / Brian id 1l / Administrator Typed Name & Title APPLICATION APPROVED BY: 110Z d oo et( (,. ( V AP-.1 p akf taj& UW19 GAMITOEA, CITY CLERK DA E Revied 4r&03 W r,�A . . . . . . . . . . . . INFMM2I �� 1 M-M 1111 `ewe Ko um "Mmm - fl5 4 7 10 11 12 V07 10 12 7 mair"o AMEN air! VAF Mr. and Mrs. McCann requested their property, (lots 11 and 22, Block 143) remain commercial. The Board went over the findings for a rezoning. Member Worthen moved to recommend to City Council to grant the rezoning request and to exclude lots 11 and 12, Block 143 and the north one half of lots 10,11, and 12, Bly�. Seconded by member Altobello. Motion carried. JIM WRIGHT Mr. Wright asked the members to try to do something about the streets that don't serve any purpose and to eliminate them and put them back on the tax roll. LULA WORTHEN Lula asked for a run down on the merger of the building nad zoning departments. Attorney Bryant explained the merger agreement between the City and County to the Board. ADJOURNMENT There being no further business to come before the board, member Altobello moved to adjourn. Seconded by member Worthen. Meeting adjourned. Darrell Ferneau Board Member Planning Board City of Okeechobee ATTEST: Beatrice Castorina Secretary Planning Board City of Okeechobee THERE IS A COPY OF THIS TAPE IN IT'S ENTIRETY IN THE CLERK'S OFFICE. REGULAR MEETING TUESDAY, MAY 7, 1985 The Planning Board/Board of Adjustments and Appeals met in, regular session on May 7, 1985, at City Hall in the Council Chambers, Okeechobee, Florida, at 7:00 o'clock P.M. Members present were: James Wright; Lula Worthen; Darrell Ferneau; and Frank Altobellc Member Brenda O'Connor was absent. James Wright has been reappointed until the merger. Others present were: Building and Zoning Administrator, Mallette Westbrook; Attorney, Jerry Bryant, and Secretary, Beatrice Castorina. BOARD OF ADJUSTMENTS AND APPEALS Vice Chairman Wright called the meeting into session. APPROVAL OF MINUTES There being no corrections or additions to the minutes of April 2, 1985 meeting, Member Ferneau moved the minutes stand approved as presented. Seconded by member Worthen. Motion carried. FRANK AND FAYE FINLEY - REQUEST FOR SPECIAL'EX'CEPTION'AND VARIANCE John Cassels, representing Mr. and Mrs. Finley's application requesting a variance 0 • on lots 5 and 6, Block 17 and a special exception on lots 11 and 12, for off-street parking. Mr. Cassels stated they are planning to build a Dairy Queen on South Parrott Avenue and lots 11 and 12 would need a special exception being they are zoned residential single family to be used for off-street parking. A 201 rear setback is required for Com- mercial property abutting RSF zoned property, therefore, a variance is needed for lots 5 and 6 because of a cooler in the rear of the Dairy Queen building. Discussion ensued. Vice Chairman Wright asked if anyone in the audience objected to the request. There were no objections from the audience , or in writing. The board went over the findings for a special exception. Member Altobello moved to grant the special exception with construction to begin with in six months. Seconded by member Ferneau. Motion carried. The board then went over the findings for a variance. With no objections to the findings member Altobello moved to grant the variance with construction to begin in six months. Seconded by member Worthen. Motion carried. CHAMBER OF COMMERCE - REQUEST FOR SPECIAL EXCEPTION The Chamber of Commerce has filed application for a special exception to have a mobile home on their property to be used as an office for the Chamber until the construction is completed. There were no objections to the request. Member Altobello moved to grant the special exception for six months and to include the findings and despence with reading of the findings. Seconded by member Worthen. Motion carried. OPAL SMITH; HOWARD LIGHTSEY; THELMA GAYLARD; AND ADELLE HARDEN — REQUEST FOR SPECIAL EXCEPTIC John Cook, Attorney for the request, was present to represent the application for a special exception on lots 7 and 8, Block 126, City of Okeechobee. This property is zoned CPO and would need a special exception for a beauty shop to go on this property. There were no objections to the request. The board went over the findings for a special exeception. Member Worthen moved to grant the special exception request with a six months time limit. Seconded by member Altobello. Motion carried. ADJOURNMENT There being no further business to come before the board, member Ferneau moved to adjourn. Seconded by member Worthen. Motion carried. PLANNING BOARD Vice Chairman Wright called the Planning Board into session. Member Worthen advised the board, she would have to restrict herself from serving on the Planning Board because she is an adjacent home owner of the application to come before the board, and would like to serve as a member of the audience. APPROVAL OF MINUTES There being no corrections or additions to theminutes of April 2, 1985 meeting, member Altobello moved the minutes stand approved as presented. Seconded by member Ferneau. Motion carried. ALLEN RUCKS - REQUEST FOR REZONING Attorney Lester Jennings was present to represent Mr. Rucks on the rezoning application. They are asking for lots 1 through 20 of Blocks 1,2,3,4,5,6,7, and 8, Northwest Addition to be rezoned from Holding to Industrial. Mr. Jennings stated Mr. Rucks have entered into a contract with Madray Enterprises to buy this property contingent on the rezoning. 179 CITY* OKEECHOBEE EXHIBIT 5 STREET OR ALLEY CLOSING APPLICATION AUGUST Z, 20D5 Note: if property is in two names by the word "and" both signatures are requrrea (Tor exampie:.nm anu Jane Doe). SIGNATURE OF APPLICANT: SIGNATURE OF CO -APPLICANT: L )10Da D. RVL,1lFe Print name: -Vscl I e- o ers Fe-11 o uV s I '� Print Name: The foregoing instrument was acknowledged before me this aMS by (dat and , who is pers ally known to me or (applicant) (co -applicant) who produced F�Oc� (��. �c� S,-�L� identification and wh c LHornarsm SUSM M HEN M40T COMMIS MNUMBEA -otary Public, C �tr M REs (si nature \ \��\ (Name of Notary typed, printed or stamped) rAoXi -Rfill. OVI14LAIM also RAMCO FORM Quit -claim Drid, r-xcul,* dihis 22nd4ayof February A. D. 19 78. Ly LESTER F. TANKERSLEY and BETH TANKERSLEY. his*wife fine party, to POO BELIEVERS FELLOWSHIP, INC., a non-profit Florida corporation 300 S.W. 6th Ave.. Okeechobee. Fla. Ijr...J party: —4 •NM p.n." ­4 A.11 i"1-1, -i—Ler sa 0-1. Uri- W.1 Utnesseth, Thal 11- ..... I fi,.l Party. far .-I in consid,raticni f it., t10.00 in hand Imid he 1hr aiql s"Vnrl party. Ar recript u4serrol is h,rrhy Jars 1'er * rhy remise. to. 11'.1 'Inif claim Unto file said second party jorever, nil file right. title, interest, cNim and demand which the said first party has in and in the 1.16wing J,,mb 4 I.e, pimp or palrA of land, situale• lying and 61"s j in the County of Okeechobee S1.1041 Florida I . WIWI: "a Lots 1. 2 and 3 of Block 179. OKEECHOBEE according to the plat thereof recorded in Plat 'Book 2. page 17: p1blid records of St. Lucie County.- Florida. a copy of said plat being also recorded -in Plat Book 1. page 10, public record' Okeechobee a of Okee obee County. Florida. Subject to reservations, restrictions and easements of record, if any. 7" Stibject to one certain first mortgage in favor Of the First Federal 1 Savings and Loan of Okeechobee. Fla., dated on or about September 131 1976. and recorded in O.R: Book 188, page 891. of the public r'eitordsi L Z i 01 of Okeechobee Co.q Fla., in the original sum of $32.000.00 with an unpaid balance of even date herewith in the sum -of $31,143.48 which J the grantee herein assumes and agrees to pay.: ILED FOR 11ECOR0 OKE CHOSEE CO INTY. 7 115736 1978 FEB 23 PM 3: 10 CLIF BETTS. JR. -CLERK OF CIRCUIT COURT To liave and to Rold ehe same ,togeth" "uh all and singular the . appurtenance. She.,ftalo brtaainq or in apprrt.ining, and all the ,stale, right. U110, interval, hels, equity and claim hot- Infl-er .1 it., said rsl party. rishe, in lau,.a, pqully, is he Only proper use, benefit and behoof of the said —'and Part., tor—er. In 10ituss 10hrrtofTh� .a 1, 'It Party has sill"rel ard sealed these perorate the joy and -year first. a"v a-rill,rs. Signed. sealed and cleliverrel in presence *I: ............ .. .......... _141 /11.41 Lester F. Tankerale il!-GC�tcll-uw.2Y �7�c< �.t� �ox�e f .Beth Tankersley is •wife iiSTATE OF FLORIDA. CO1*%Ty (IF OKEECHOBEE I HER.ElY CERTIFY that on this day. before ow, an officer du:_ —theritrd in the User ■r.mid and in she County aforesaid I@ sake acknowkilgawo - 1% letrsoiu�lly appeared LESTER F. TANKERSLEY and BETH TANKERSLEY, his wife ii to me known to be the person fides ,bed in and who executed the foregoing lastruesent and they actraled"d they rart"Ied the same. We TNT.SS on head and official wet in the County and'State feet aforesaid this 22nd day of February A. D. 1978 "O"Aly FUFX STAR OF F1,01tZA AT LU= Ad a*,46oN mms OCT: 5 1979 J� ... .... SO-M TW GENEL16t INS. 1JNM1WJtJtEU '171iJ11u1-11w1AfjwrjWffJ by: Richard M. Sauls liA-Idnw Route 4. box 223. Okeechobee, Fla. 33472. I .76 DIRECT INDIRECT a RRO421 PACE 1 I I k0.424 MR0735 o� u'v 1D pared IO Number: Onmoe /1 77N: Warranty Deed This Indenture, Madc this 22nd day of JAMES FANNIN and NORMA FANNIN. his ►l,ije, Documentary Stamps pow in thn arrlotmt of $ __j„azj�DD_._-_._---­..__. Class, C. Intan''OtAd Irx cw.,J "1 5" • : Lrt(nint of S Sharon Robertson, C4,N )I w�l � okeachobea My, FZkK Date: Jute , 1999 A.M . Between of the Count) of OKEECHOBEE State of Florida , grantors, and BELIEVERS FELLOWSIIIP, INC.. a non-projlt Florida Corporation, „•n,t.e a,wrr,s ice: A O. BOX 653. OKEECHOBEE, Florida 34973 of the County of OKEECHOBEE Stale of Florida , grnntee. W 1tnesseth dut the fIRANTORS. htr end .um of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------- TEN &NO1100010.00)-------------• ----MR.LARS. and other ptaa1 and valuable cunnilrralntn In GRANCURS in hard pail by URANTEI!, the recrGN whrneul ix hereby ackd+wktilptsl. have arameJ. harpained atal %+k1 w rite sail GRANTI!I! and GRANTEE'S successors and Assigns hnevcr, the roli+wina tkxohtd IanJ. situate, lying and Wng in the Ctntmy of OKEECHOBEE State of Florida towit: 3 2 1 99 JU1125 PAS 2-��23 :'1.1Cr1N R03ERTSQN CLLFM Ur CIRCUIT COURT 1,otts io, li and 12, Block 179, OKEECHOBEE, according to the plat thereo [recorded in Plat Book 2, Page 17, Public Recordn of St Lucite County, Florida, a copy of said plat being also recorded in Plat Book 1, Page 10 and in Plat Book 5, Page 5, Public Re- cords of Okeechobee County, Florida. * Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to 1999. *THIS DEED IS BEING RE -RECORDED TO INCLUDE THE, COUNTY AND STATE OF WHICH THE PLAT IS RECORDED. 327371 99SEP-3 PH it: 13 RODERTSON and the ' araMon do herchy fully wamm the thk to said lard. and will defend ale tame .pine, Iawt i111niQiifQi p&tbitCUW W&1R T s' In Witness Whereof, the tramors have hereundo as their hands and ashdw day and r ara. above wriorn. Si Baled fd ddlycrc Ir presence: K ` . (Seal) 1.70 NA X. J FANNIN W as to Bot P.O. Address 330 SW 61h Avenue }OKERCHOBB& FL 34974 F 1/QI. wwA w�. �� lSeall ERSON NORMA FANNIN r WWrttness as to Both P.O. Address 330 SW 6th Avenue. OKEP-CHOBP.E. FL 34974 STATE OF Florida COUNTY OF OKEECHOBEE The breVA lnaovnoeot was aehnowleilvd boon, me thh 22nd day of June s ' 1999 by JAMES FANNIN and NORMA FANNIN, who are penorrBy born do no or who have produced eielr Florida driver's @eases n wera ne"00". Thla now.itio h.pr.+Ori osmstososlea AisnlAc.-r a m� x tlanas -VWJV�ic sir camim I cues, I m mu >o2tsN>w 1 HA IVA &JARgELL , AkY Lac . il fro .� 12/O! Authorized Signatu Typed Name itle Phone No. Date Signature Authorized Signature Typed Name & Title Phone No. Date Xk.a4 /G k,- / Cad 6(3-763-77j) 5-11Tos- Typed Name & Title Phone No. Date •r.✓. SL G/¢17- oe/i mwS%BeR�[o 7 —C uxc rr "'P^l - R,-L ClaccdL . Cu. ,J 26A5CMa,JT ")A4—. Lr✓c $nJn c 1{oaecFF M+fets i,+ ovjjQAA Ze3,�o,.� ,C Typed .Name & Title Phone No. Date For city of Okeechobee & First Addition to City of Okeechobee Subdivisions: /N 71f4 4S. ✓e- dr rC 4; 6 • +/, iic.��/�trrsP63 7C3 Authorized Sig ature '� Typed Name & Title Phone No. Date i • -- Sprint. From: Steve Harmatuck Phone 407/889-6817 P.O. Box 165000 Fax 407/889-1636 Altamonte Springs, FL 32716-5000 May 26, 2005 Ms. Linda Roy Believers Fellowship Church PO Box 653 Okeechobee, F134973 RE: Vacation of Alleyway between Lots 1,2 &3 and Lots 10,11 &12, Block 179 Okeechobee, Florida Dear Ms. Roy: Sprint -Florida, Incorporated has reviewed your documents for the above referenced road vacation. Based on the review, we have no objection to the vacation of the above referenced property. If I can be of further assistance, please contact me at 407-889-6817. Sincerely, Steve Harmatuck Real Estate • • Page 3 APPLICATION NO (y * 14+- ffv •r& Authorized Signature Date Riblic Wxks a rector / Ixy a R%atsm Typed Name & Title % 01-0 f Signature Date City R=n eer / CsMr Bmnxbz Typed Name & Title Yajcr Bob R&-ersm Typed Name & Title Fire Chief / Herb Ruth Typed Name & Title Achdni.stratcr / Brian W tehM Typed Name & Title APPLICATION APPROVED BY: LANE GA -ffilTOEA, Revised 41=34-G 0 • Memorandum To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer Date: July 13, 2005 Re: Alley - Closing application from Believers Fellowship Church P4 The Engineering Department has visited the site and found that future drainage problems may be generated near the requested abandon subject City of Okeechobee Alley. We are aware of the critical drainage problems on City of Okeechobee especially on SW section of the City, and for that reason the Engineering Office will recommend not approving the request for the Alley Closing until future development of the area is presented. It is the Engineering Department's opinion that the City of Okeechobee shall be very cautious before abandoning any Alleys. aim:��m��a 0am� Low SQ1iM9f3il3 6 5 4 3 2 7 a- -9 1011 7891 lm A CD ,3 jjfl Eli LQH .514 CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION Note: if property is in two names by the word "and" both signatures are required (for example: Jim and Jane Doe). 7e_� OF AP !CANT: Prin name:1?pAo,al,,e 1.R,&1,aeNc_1 SIGNATURE OF CO -APPLICANT: Print Na ,�jj iK LAu/.ece The foregoing instrument was acknowledged before me this a �t)6�(' by gcnot _ LaLX)u'� and Cc (date) —U -0� �7 2,- Y-c --� . who is personally known to me or (applicant) (co -applicant) who produced PLA (�L'&eco as identification and who did (did not) take oath. M _ LENE M. B n Nob" Public, Notary Public, Commission No.A03_,"4,:�Og My Comm• vVies Nov (signature) Comm_ No. DD 4.0 h . Ili (Name of Notary typed, printed or stamped) FXN/8/T 6 AUGUST Z 2005 ! 1 1 Granitic dl :11N: . Warrant Y Deed This Indeniurc, Madc Buis 241h day ur ` Jime 1999 n.u.. 13chrecn LOUIS R. pEMICCO, a single man, of the County of 9KECC1I0BEP-- -. Slaic or Florida - - , graiftoi-, -and. RONNIE 1-4WRENCE'.ruld ELLAIN LAWRBNCE, Trttsfees of the Lit WRENCE LIVING - TRUST dared July 19, 4996, ' - whose address is: 150 NW 102nd Srreel; -OKL•TC11OBEE, Floiida 34972 - - Drd,e cnDpty Or OKEECHOBEE Stale of . Florida grantee. WRIICSSeth 'that the CRAI'TTOR. for and in conrsklcmlion of the sum of ----.---.=---==------- TEN &NOII00 10.00--------- ---------- DOLLARS.. i and other grnal and valuable amsWralion la. GRANTOR in, floral paid by GRANTEE: 11 c receipt whereof is he ackmrwlcdged, has' granted. WiMned arui sold tote said- GRANTER anal - GRANTEE'S Successors and assigns forever, fileroilowing described land, ' situate. lybig and being in file County of- OKEECHOBEE Stale or Florida to wh: Lots 4, 5, 6, 10, ll.and 12, Block 16, SOUTH OKEECHOBEE, accord- ing-to the plat thereof recorded in -Plat Book 5., Page 7, Public Records of Okeechobee _ County; Florida. Subject to restrictions, reservations and easements.of.record,. if any, and taxes subsequent to 1999. VESTING IN SAID TRUSTEE FULL POWER AND AUTHORITY TO CONVEY, SELL LEASE, ENCUMBER, MANAGE AND DISPOSE OF THE REAL PROPERTY CITED HEREIN PURSUANT TO TRUST AGRf;EMENT DATED JULY 1.9, 7.996. and Ule grantor does herchy fully warrant the title Io said land, and will defend file sonic against lawful claims of apt Persons whomsoever. - Ill Witness Where r,- file granarr has hcreunfn set his hand and seal the day and year first above written. koo _(Seal) .. J OUlS R. 'D - I CCO P.O. Address 2175 SW 1901 Lane, KEECHObEE, fl, 34974 STATE, : OF Florida COUNTY OF -OKEECHOBEE The foreguipi; incinfmcm was acknowledg64 lieforc me this 24th ' day or LOUI>`;: R-iDEMI CCO, June , .19 99 . by who is personally known in tile. Ibis Document Prepared By: OKERCHOBEE ABSTRACT' & ITI1.1? . - INSURANCI ; INC. Johanna K. Jarrell - OHA NA K•7 JARRELI . 302 NW 3r4.Sircct tfti� '�tj, MY COMMISSION 9 CC585891 EXPIRES O'MRY 'UBLIC ' OKEBCII0BHff- ;'r-lo ` DECEMBER 1, 2000 . y colun ssion ESPires: -12�01/00 - aONDEO THRU TROY FAIN INSURANCE, ax. - I i i ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee 1/We own the following property: Lots_ 1,2,3,7,8,9, and N. and with my/our signature below, I/we described below: Okeechobee. sent to the closing of the alley and or street Witness: /� P nt Nam,} Witness: Print Name: STATE OF F, o/u.B,A CO U NTY O F Sworn to (or affirmed) and subscribed by 3 . Ti m o-j&y t-Rc-, (n 9. ((Seal) Personally Known t OR Produced Identification Type of Identification Produced i I i Print Name: )re me thisZe�_ day of 200-5� No arySigna Print Name:-� �. • o��z Zfo� u L RETU vw t To co a tron RAMCO FORM U aa.cts. a- 257 W-E 694 10arraaty ]Dttd Mad. -he Ord day .f SsvrEra,8M A. D. 1983 4 PHILIP Y. BERGER. and JESSICA S, VERGER, his wife hcrannfler called IL. grunter, to BROTHERS TWO DEVELOPERS, INC. a corporation existing Under the Iowa of 16 Staff of Florida will, Its permanent poef.111ee address at Post Office Boa 433, Sebring, Florida 33870 hereinafter called the gra"I"I ••,r. der hew.. k,� r.e"" ~_ ••��•• WIWrld..Y•u,•' LA4 as rnk. b dh N Iw.ar+.saarear.r -Autiae W Waee N W. air W A .a) 10ltntzdth: That the grantor. for and In. consldaaatlon of .IAw awn of s 10.00 end other oalualite conaideratfetu, raeapi whereof k hereby adrnowleduad. hereby grants.. "Ins. - ae16.. allots, re- mise, ralea,a, carry. and eonf4ma unto the grantee, off lhal certain land: alluate In Okeechobee County. Florida. vis: - Lots 1, 2, 3, 7, 8, and 9. Block 16, SOUTH OKEECHOBEE, according to. the plat thereof recorded in Plat Book 5, Page 7, Public Records of Okeechobee County, Florida. Subject to restrictions, reservations, covenants, and easements of record. FILED FOR RECORD OKEECHOE.._ C0Jt17y- =1. 157126 N3 SEP 22 PK 3 01 CLir WETT:i. its:. CLERK Of MCUIT COURT 3•ogether will, all the lene ls, hrredttamenls and appurtenances thereto belonging or in any- wise appertaining. 'fo }iave and to Mold, the same in fee simple foreoar. And the grantor hereby cavenants with said grantee that the grantor is Iawfully seized of said land in fee simple: that IA. grantor has goad right and -lawful authority to ..It end coraey ,aid irnd: that die . g.anlor hereby fully. warrants the title to said land and will defend the same again,l I6 lawful elalms of all poreons whomsoever; and that. said land is free of all encumbranat. except laxea accruing subsequenl TAM___ OOCUAtEilir>RY� " REVENUE ' - oEVT. of <p 3.8 Z 35..��1fa"�'.; _ _ __slPrrat In 10ittim 10htred, the said gmnlor ha, hereunto ,a 4W e&and and seal the day and year lint alwoe tarillen. •ven�, $(g • aeakd n�i7 in ow p—ancr: ik� wVATE OF FLORIDA. COUNTY OF OKEECHOBEE - ' 1 HEREBY CERTIFY that oa the day. before me, ao officer duly authoriaed in she State afore Wand in the Coamy ■fornald w take acknawkJateenu, Mentally ,pp.—d PHILIP Y. BERGER and JESSICA S. BERGER, his wife to etc known to be the liecwnA drsanbed in and. who rsecmed the fareara.s lum-,nUut end they acktwwkdacd Wore me that the31,aeeuted she State last d�t a, WITNESS my band aed offk6l sal SEVTOMElC . A. D. 1983 in the County and aforeuid this -ter %7iil la mera•M pRpaea/ by: TU,bGru it K Berber. manager, Okeetaabae Abstract ComW4 3M IL W. 3rd St, Okeechadea. FL 33f71, is a meeas- y - as y IKM w to as kaaaace of tale lawrimm Notary puWlc, State Of Florida �-Lyl� My Comminton Expires May 28•' Page 2 '17 Authorized Signature I/ h na (cry s� i �- 3�yZ `1 $ 0 Typed Name & Title Phone No. Date p O d I L"cT 10.4) A11-OW7 orized Signature Typed Name & Title Phone No. Date Authorized 713-7J91 7-ir os Signature Typed Name & Title Phone No. Date `I)c 7-v3— '9cg0 7—f!- o-i Typed Name & Title x �.�; r� Phone No. Date DrR"e, ._ _ _ e AAA.* . *— riiv of Okeechobee Subdivisions: Authorized Signature Typed Name & Title Phone No. Date Memorandum To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer Date: July 27, 2005 Re: Alley - Closing application from Ronnie and Ellain Lawrence The Engineering Department has visited the site and found that future drainage problems may be generated near the requested abandon subject City of Okeechobee Alley. We are aware of the critical drainage problems on City of Okeechobee especially on SW section of the City, and for that reason the Engineering Office will recommend not approving the request for the Alley Closing. It is the Engineering Department's opinion that the City of Okeechobee shall be very cautious before abandoning any Alleys. IE 6EECm6 � ';o, io= m000ao _ �i oEooa� aid 1� El Mlso m KIM i'i�i61 '�fl�•! " W;.0 W-A WM mm w am E ' ii �oo�ooaaoa��mao�al oa0u ma �a�mmaa � • • EXHIBIT 7 AUGUST Z 2005 ORDINANCE NO. 906 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO.716 LAND DEVELOPMENT REGULATIONS SECTION 82-61 THEREOF; TO AMEND THE REQUIREMENTS AND STANDARDS CONCERNING WELLHEAD PROTECTION AREA TO CONFORM TO THE COMPREHENSIVE PLAN; PROVIDING FOR DEVELOPMENT STANDARDS, RESTRICTIONS AND PROHIBITIONS; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida, has adopted a Comprehensive Plan pursuant to Chapter 163, Florida Statutes, which plan is approved by Department of Community Affairs, and which sets out required elements, Goals, Policies and Objectives; and WHEREAS, said plan requires the City to adopt in its Land Development Regulations, code provisions to implement and enforce the various required plan elements, which include wellhead protection provisions to protect groundwater supplies adjacent to existing wellheads; and WHEREAS, existing land development regulations pertaining to wellhead protection are vague and subject to different interpretations as to the type of development that can ✓ occur, or be prohibited within the wellhead protection zone; and WHEREAS, the City of Okeechobee desires to adopt a set of regulations to protect groundwater resources, yet which regulates in a clear and concise manner the type of development that may occur within the wellhead protection zone, and it is in the best interests of the City and our citizens to adopt standards that are consistent with existing regulations in effect by the State Department of Environmental Protection; 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 82-61 (a) through (d) be repealed and replaced as follows: Section 82-61 Development in and adjacent to a designed wellhead. (a) Development in and adjacent to a designated wellhead is regulated to protect water supplies from potential contamination, Cnd the wellhead protection area is defined as a radius 1000 feet from the wellhead (b) No development activities shall take place in the zone of exclusion;; defined as a radius 300 feet from the wellhead;: (c) The following land uses are prohibited in the wellhead protection area: (1) Landfills; (2) Facilities for bulk storage or bulk processing of fuel or chemicals, or use of materials that would not be permitted by the State Department of Environmental Protection's Wellhead Protection Standards, 62-521 F.A.C.; (3) Activities that require storage, use or handling of hazardous materials that would not be permitted by the State Department of Environmental Protection's Wellhead Protection Standards, 62-521 F.A.C.; (d) Special restrictions on development allowed within the wellhead protection area are as follows: Page 1 of 2 (1) Stormwater management practices shall not include drainage wells and sinkholes for stormwater disposal where recharge is into water aquifers; (2) Any development within the wellfield protection area shall comply with all local, state and federal codes that require the on -site containment of all hazardous materials not otherwise prohibited by this section. INTRODUCED for first reading and set for final public hearing on this 2"d day of August, 2005. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC City Clerk ADOPTED after Second and Final Public Hearing this le day of August, 2005 ATTEST: Lane Gamiotea, CMC City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook City Attorney James E. Kirk, Mayor Page 2 of 2 • July 26, 2005 uITl 9r 61 zoning board re: wellfield protection You may recall that you recently permitted the amendment to the LDR's regarding the definition of wellfield protection; the original defined an area '/2 mile from the wells as protected, and it was amended to state the protected area is 1000 feet, with the closest 300 feet denying any development whatsoever. The comprehensive plan still requires that the city evaluate and protect development within V2 mile of wells, but the 1000 foot area is the only area that the LDR's mandate certain prohibitions. It has come to light that section 82-61 of the LDR's contains some language that jeopardizes commercial / industrial use within the 1000 foot area, meaning such language could prevent the city from using a large area of the industrial park. Thus, we must consider amending the language of existing LDR's. However, wellfield protection is part of the required comprehensive plan elements we must adhere to with Department of Community Affairs (DCA), so these protections must be addressed in both the comp plan and the LDR's in a manner acceptable to DCA. Therefore, I am requesting that this board recommend to the city the following language in section 82-61: Sec. 82-61. Development in and adjacent to a designated wellhead. (a) Development in and adjacent to a designated wellhead is regulated to protect water supplies from potential contamination, and the wellfield protection area is defined as a radius 1000 feet from the wellhead. (b) No development activities shall take place in the zone of exclusion, defined as a radius 300 feet in diameter from the wellhead. (c) The following land uses are prohibited within the wellfield protection area: (1) Landfill (2) Facilities for bulk storage or processing of fuel or chemicals, or use of materials that would not be permitted by the State Department of Environmental Protection (DEP) within 1000 feet of a wellhead. (3) Activities that require the storage, use, or handling of chemicals, hazardous toxic wastes, medical wastes, sludge, or materials that would not be permitted by the State Department of Environmental Protection (DEP) within 1000 feet of a wellhead. (d) Special restrictions on development allowed within the wellhead protection area are as follows: (1) Stormwater management practices shall not include drainage wells and sinkholes for stormwater disposal where recharge is into potable water aquifers. (2) Any development within the wellfield protection area shall comply with all local, state and federal codes to require on -site containment of all substances, fuels, oils, chemicals, wastes or materials that are permitted within such use by DEP as incidental to a development's principal use, to prevent such substances from entering the groundwater supply. (e) No wells for private use that extract groundwater below the surficial aquifer shall be permitted. -JOU John Cook City Attorney 969 P01 JUL 25 105 15:58 LARUE PLANNING & MANAGEMENT SERVICES, INC. 1375 Jackson Street, Suite 206 Fort Myers, FL 33901 239-334-3366 - FAX: 239-334-6384 E-Mail: large-planning@att.net FAX TRANSMISSION To: Katrina Cook Date: 7,25/2005 Fax No. Auto Dial Pages: ~a, including this cover sheet From: lames G. LaRue Subject: wellfleid pmtection areas COMMENTS: Our suggestions to the welifleld protection areas. ORDINANCE NO. 906 AN ORDINANCE OFTHE CITYOFOKEECHOBEE, FLORIDAAMENDING ORDINANCE NO.716 LAND DEVELOPMENT REGULATIONS SECTION 82-61 THEREOF; TO AMEND THE REQUIREMENTS AND STANDARDS CONCERNING WELLHEAD PROTECTION AREA TO CONFORM TO THE COMPREHENSIVE PLAN; PROVIDING FOR DEVELOPMENT STANDARDS, RESTRICTIONS AND PROHIBITIONS; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida, has adopted a Comprehensive Plan pursuant to Chapter 163, Florida Statutes, which plan is approved by Department of Community Affairs, and which sets out required elements, Goals, Policies and Objectives; and WHEREAS, said plan requires the City to adopt in its Land Development Regulations, code provisions to implement and enforce the various required plan elements, which include wellhead protection provisions to protect groundwater supplies adjacent to existing wellheads; and WHEREAS, existing land development regulations pertaining to wellhead protection are vague and subject to different interpretations as to the type of development that can occur, or be prohibited within the wellhead protection zone; and WHEREAS, the City of Okeechobee desires to adopt a set of regulations to protect groundwater resources, yet which regulates in a clear and concise manner the type of development that may occur within the wellhead protection zone, and it is in the best interests of the City and our citizens to adopt standards that are consistent with existing regulations in effect by the State Department of Environmental Protection; 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 82-61 (a) through (d) be repealed and replaced as follows: Section 82-61 Development in and adjacent to a designed wellhead. (a) Development in and adjacent to a designated wellhead is regulated to protect water supplies from potential contamination, and the wellhead protection area is defined as a radius 1000 feet from the wellhead. (b) No development activities shall take place in the zone of exclusion, defined as a radius 300 feet from the wellhead. (c) The following land uses are prohibited in the wellhead protection area: (1) Landfills; (2) Facilities for bulk storage or bulk processing of fuel or chemicals, or use of materials that would not be permitted by the State Department of Environmental Protection's Wellhead Protection Standards, 62-521 F.A.C.; (3) Activities that require storage, use or handling of hazardous materials that would not be permitted bythe State Department of Environmental Protection's Wellhead Protection Standards, 62-521 F.A.C.; (d) Special restrictions on development allowed within the wellhead protection area are as follows: Page 1 of 2 (1) Stormwater management practices shall not include drainage wells and sinkholes for stormwater disposal where recharge is into water aquifers; (2) Any development within the wellfield protection area shall comply with all local, state and federal codes that require the on -site containment of all hazardous materials not otherwise prohibited by this section. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 2"d day of Au ust, 2005. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor ADOPTED after Second and Final Public Hearing this 16"' day of Au ust, 2005 ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. LAND DEVELOPMENT REGULATIONS SECTION 81-61 THEREOF; TO AMEND THE REQUIREMENTS AND STANDARDS CONCERNING WELLHEAD PROTECTION AREA TO CONFORM TO THE COMPREHENSIVE PLAN; PROVIDING FOR DEVELOPMENT STANDARDS, RESTRICTIONS AND PROHIBITIONS; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the City of Okeechobee, Florida has adopted a comprehensive plan pursuant to ch. 163, Florida Statutes, which plan is approved by Department of Community Affairs, and which sets out required elements, goals policies and objectives; and WHEREAS said plan requires the City to adopt in its land development regulations, code provisions to implement and enforce the various required plan elements, which include wellhead protection provisions to protect groundwater supplies adjacent to existing wellheads, and; WHEREAS existing land development regulations pertaining to wellhead protection are vague and subject to different interpretations as to the type of development that can occur, or be prohibited within the wellhead protection zone, and; WHEREAS the City of Okeechobee desires to adopt a set of regulations to protect groundwater resources, yet which regulates in a clear and concise manner the type of development that may occur within the wellhead protection zone, and it is in the best interests of the City and our citizens to adopt standards that are consistent with existing regulations in effect by the state Department of Environmental Protection; THEREFORE, (etc). 969 P02 JUL 25 105 item be Sec. 61-61. Developmau in and 4aceat to a designed wellhead. (a) Development in and adjamt to a designated wellhead is regulated to protect water supplies ffom potential oontea ination, and the vv* f+eW protection arse is defined as a radius 1000 foal ftom the wellhead wa �( tiaq A (b) No development activities shaU take plate in the zone of exclusion, defined as a radius 300 feet from the wellhead (a) The following bmd uses are prohibited in the wellhoad protection area: 1) Landfills; b� I k 2) Facilities for bulk storage or processing of fuel or chemicals, or use of materials that would not be permitted by the State DcpartYncnt of Environmental Protection's Wellhead Protection Standard% 62-521 F.A.C.; 3) Activities that require stomM use or handling of hamdoua materials that would not be parn fitted by the State Department of Environmental ]Protection's Wellhead Protection Standards, 62-521 F.A.C.; (d) Special restrictions on development allowed within the wollluad protection area ass as follows: 1) Stormwater ream praatkes shall not include drainage wells and sinkholes for stormwat w disposal where recharge is into water aquifars; 2) Any development within the wellfield protection area shall comply with all local, statc and federal oodes ),K requirz the on -site oontainnwnt of all hazadous materials not otb we prohibited by this section. 90 39VJ 33EOH033AO 30 A1I0 989TE94LE98 8E:ET S00Z/9Z/L0 Julv 26, 2005 - Land Planning Agency - Page 4 of 4 • • IV. New Business. B. Discuss amending Section 82-61 Land Development Code specifically related to wellhead protection - City Attorney. V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning Agency with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. ATTEST: William Ledferd, Chairperson Attorney Cook explained the proposed amendment to Land Development Regulations to the Agency. Mr. Cook referred to the letter that he prepared to for the Agency, as well as comments suggested by City Planning Consultant, Jim LaRue. Attorney Cook explained that our regulations are currently vague, and that the proposed changes are tailored to follow the standards required by the Department of Environmental Protection. Mr. Cook explained to the Agency that the wellheads are located on the property to the North of the Industrial Park, and that there are no wellheads located within the park. Agency Member McCoy motioned to recommend to the City Council to amend Section 82-61 of the Land Development Code to comply with the information provided by Jim LaRue, City Planning Consultant, and Attorney Cook; seconded by Agency Member Hoover. VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:24 p.m. Katrina Cook, Secretary EXHIBIT 8 WILL BE PROVIDED BY ATTORNEY COOK AT THE MEETING RESOLUTION NO. 05-09 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RECOGNIZING THE FORMATION OF THE FIREFIGHTERS INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF) LOCAL UNION NO. 2918; PUBLIC EMPLOYEE RELATIONS COMMISSION (PERC) REGISTRATION 86-304; RECOGNIZING THE OKEECHOBEE COUNTY FIRE SUPPRESSION AND RESCUE ASSOCIATION LOCAL 2918 AS THE COLLECTIVE BARGAINING AGENT FOR THE CITY EMPLOYEES/FIREFIGHTERS PENDING CERTIFICATION BY PERC; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has been notified by representatives for the City Firefighters that said department by written battot/application and membership cards in excess of 50 percent has supported the request to be recognized as a union organization; and appointment of Local No. 2918 as the exclusive collective bargaining agent for the employees in their employment relations with the City; and WHEREAS, the Local is expected to be certified by PERC as the exclusive collective bargaining agent for the employees, and is required to obtain recognition by the City; and WHEREAS, the City respects the wishes of the City Firefighters in this regard, and is willing to so recognize the Local 2918 as the collective bargaining agent; NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City that: THE City of Okeechobee, Florida herewith officially recognizes the petition of the City Firefighters to join a union for representation in labor matters with the City. THE City of Okeechobee, Florida further recognizes that the OKEECHOBEE COUNTY FIRE SUPPRESSION AND RESCUE ASSOCIATION, LOCAL NO. 2918 is the designated and exclusive collective bargaining agent for the City Firefighters in their labor negotiations and relations with the City, with current representative Karl Holtkamp, President of Local No. 2918. THAT the City of Okeechobee, Florida publicly announces its intentions to work with the Local union in good faith in negotiations and all labor relations between the Firefighters and the City and to work towards a collective bargaining agreement in the best interests of the City and of the Firefighters. THAT until further action of the City Council, the City representative in negotiations with Local No. 2916 shall be City Attorney, JOHN R. COOK. EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED this 2 n" day of August, 2005. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney