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2005-12-06 Regular MeetingCITY OF OKEECHOBEE DECEMBER 6, 2005 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: December 6, 2005 Regular City Council Meeting, 6:00 p.m. li. OPENING CEREMONIES: Invocation by Pastor Al Jaquith, Basinger First 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. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim November 18-24, 2005 as "National Farm City Week." PAGE 10E 18 Mayor Kirk called the December 6, 2005 Regular City Council Meeting to order at 6:00 p.m. The Invocation was offered by Pastor Al Jaquith of Basinger First 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 Absent (Lieutenant Hagan attended in his absence) Present Present Mayor Kirk presented to Davie Raulerson a Proclamation proclaiming November 18 through November 24, 2005 as "National Farm -City Week," and read it in its entirety as follows: WHEREAS, American farmers and ranchers literally help feed the world by producing a bounty of agricultural products. To do this, they .rely or, essential partnerships with urban and suburban communities to supply, sell and deliver finished product: across the country and around the globe. Rural and urban communities working together have made the most of our; nation's rich agricultural resources as, they contribute to the health and well being of our coi ny i nd to the 1 DECEMBER 6, 2005 - REGULAR MEETING - PAGE 2 OF 18 413 IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. A. Proclaim November 18-24, 2005 as "National Farm City Week" continued. V. MINUTES - City Clerk. strength of our economy, and WHEREAS, during National Farm -City Week, we recognize the importance of this cooperative network, Agriculture employs more than 24 million workers, including farmers and ranchers, shippers, processors, marketers, retailers, truck drivers, inspectors and others who annually contribute more than $1.3 trillion to our gross domestic product. The agriculture industry provides us with food and clothing, as well as fuel for our energy needs. And as we welcome new opportunities for trade, the hard work and successful cooperation between farmers and city workers will continue to play a vital role in our nation's future; and WHEREAS, Farm -City collaborations help maintain and improve our food and fiber supply and contribute to a better quality of life for countless citizens. We commend the many Americans whose hard work and ingenuity reflect the true spirit of America and help to ensure a prosperous future for all; and WHEREAS, as we gather with family and friends around the Thanksgiving table, it is fitting that we count among our blessings the vital Farm -City partnerships that have done so much to improve the quality of our lives, and NOW, THEREFORE, I James E. Kirk, Mayor of the City of Okeechobee, by virtue of the authority vested in me, do hereby proclaim November 18-24, 2005 as "Farm -City Week." I call upon citizens in rural and urban areas to acknowledge and celebrate the achievements of all those who, working together, produce and supply our community and nation with an abundance of agricultural products. A. Motion to dispense with the reading and approve the Summary of III Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the November 1, 2005 Regular Meeting. November 1, 2005 Regular Meeting; seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the October 2005 Warrant Register. Council Member Watford moved to approve the October 2005 Warrant Register in the amounts of: General Fund, four hundred eighty-four thousand, twenty dollars and five cents ($484,020.05); Public Facility Improvement Fund, five General Fund ............................. '484,020,05 hundred ten dollars ($510,00); CDBG Grant Fund, twenty-seven thousand, six hundred five dollars and eight cents Public Facility Improvement Fund ................... $510.00 ($27,605.08); seconded by Council Member Markham. There was no discussion on this item. CDBG Grant Fund .......................... $27,605.08 VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. 414 DECEMBER 6, 2005 - REGULAR MEETING - PAGE 3 OF 18 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. 1. a) Motion to read by title only proposed Ordinance No. 918, regarding Rezoning Petition No. 05-011-R, submitted by Bertha Williams to rezone Lot 3 and the West half of Lot 2 of Block 254, Replat of Block 252 to 254, Okeechobee, from CHV to RSF-1 - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. New Business items were added prior to the Executive Session: (1) Consider authorizing Attorney Cook to draft an ordinance to extend the reversionary clause deadline as outlined in Ordinance No. 842. (2) Discuss deeds and/or options to sell Commerce Center property to Adron Fence and Holmes Cabinets. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:09 P.M. Council Member Williams moved to read by title only, proposed Ordinance No. 918, regarding Rezoning Petition No. 05-011-R, submitted by property owner, Bertha Williams to rezone Lot 3 and the West half of Lot 2 of Block 254, Replat of Blocks 252 to 254, Okeechobee, From CHV to RSF-1; seconded by Council Member Watford. VOTE KIRK - YEA MARKHAM YEA WILLIAMS YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No.918 by title only. Attorney Cook to read proposed Ordinance No. 918 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 PARTICULARL YDESCRIBED HEREIN, FROM HEAVY COMMERCIAL (CHV) ZONING DISTRICT TO RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 918. 111 Council Member Markham moved to adopt proposed Ordinance No. 918; seconded by Council Member Williams. b) Public comments and discussion. This Ordinance amends the Zoning designation on Lot 3 and the West one-half of Lot 2 of Block 254, Town of Okeechobee, Replat of Blocks 252, 253 and 254, for vacant property located at 412 Southeast 211 Street, from CHV to RSF-1. The application was submitted by property owners Percy M. (deceased) and Bertha L. Williams. City Planning Consultant, Jennifer Morgan, of LaRue Planning and Management Services; Inc., -reviewed the application with the Council: Planning Staff Report: (1) The proposed Single Family residence and RSF-1 zoning is not contrary to the Single -Family Future Land Use requirements. (2) Single Family homes are allowed under Section 90-12 (1) of the Land Development Code. 1 Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion continued. c) Vote on motion. B.1. a) Motion to read by title only proposed Ordinance No. 919 regarding Comprehensive Plan Future Land Use Map Amendment No. 05- 012-SSA, submitted by Barry and Valerie Lewis, amending the land use designation of Lots 11-12 of Block 105, Okeechobee, from Single Family to Commercial - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. DECEMBER 6, 2005 - REGULAR MEETING - PAGE 4 OF 18 Planning Staff Report Continued: (3) The Single Family use will not adversely affect the public interest. In fact, this request for RSF-1 is more compatible than the current CHV zoning. (4) The proposed use is appropriate for the location and is compatible with surrounding uses. (5) The proposed use and zoning will not adversely affect the property values or living conditions. (6) This can be suitably buffered from the surrounding areas. However, it is not required for such a low impact use. (7) The single family use will not overburden public facilities. (8) Naturally, the proposed RSF-1 zoning will be less intense than the current CHV zoning. As such, it appears that traffic, flooding or drainage will not be a problem. (9) The only restrictions imposed on the property are those set forth in the Comprehensive Plan and the Land Development Code. (10) No special privileges will be granted to the owners that would contrast with the public welfare. Based on the previously stated findings, Planning Staff recommends approval. The Planning Board recommended approval after discussing it at their October 27, 2005 meeting. Clerk Gamiotea reported that all the fee's have been paid. The ordinance was published appropriately in the newspaper. General Services mailed twenty-one courtesy letters to surrounding property owners, with no response to date. A sign was posted on property giving notice of the zoning change as well. Mayor Kirk asked whether there were any questions or comments from the public. There were none. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Council Member Watford moved to read by title only, proposed Ordinance No. 919 regarding Comprehensive Plan Future Land Use Map Amendment No. 05-012-SSA, submitted by Barry and Valerie Lewis, amending the land use designation of Lots 11-12 of Block 105, Okeechobee, from Single Family to Commercial; seconded by Council Member Williams. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. 415 416 DECEMBER 6, 2005 - REGULAR MEETING - PAGE 5 OF 18 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.1.c) City Attorney to read proposed Ordinance No.919 by title only 2. a) Motion to adopt proposed Ordinance No. 919. b) Public comments and discussion. Attorney Cook read proposed Ordinance No.919 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, 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 Markham moved to adopt proposed Ordinance No. 919; seconded by Council Member Chandler. This Ordinance amends the Comprehensive Plan by revising the Future Land Use Map on Lots 11 and 12 of Block 105, City of Okeechobee, for property located at 402 NW 4`h Street from SF to C. The application was submitted by property owners Barry and Valerie Lewis. Clerk Gamiotea reported that all the fee's have been paid. Advertisements were published appropriately. The application is a small scale amendment (less than ten acres), therefore, letters to surrounding property owners and a sign posted on the property is not necessary. The zoning is currently Commercial Professional Office. Both maps would be consistent. Planning Consultant Morgan explained that the Planning Staff recommends approval along with the Land Planning Agency, who discussed the application at the November 15, 2005 meeting, based on the following criteria: Planning Staff Report Comprehensive Plan Analysis: (A) Policy 2.1 (c) describes the permitted uses allowed in areas designated as Commercial as being offices, retail, automotive whole sale and related commercial activities. The applicants request for an accounting office is equivalent to the uses allowed by the Comprehensive Plan. (B) Because the property is developed, it is reasonable to assert that public utilities and sanitation are available to the site. Transportation impacts would be minimal and traffic congestion is not anticipated. (C) As stated earlier, the proposed land use change is compatible with adjacent and nearby land uses. Although several lots in the area have a Single Family Future Land Use, Commercial uses appear to be the more dominant current existing land use. (D) The Comprehensive Plan Goals and Policies as they are intended would allow for an Amendment to the FLUM. Therefore, the purposed change is consistent and would provide a link to the existing proposed use and the existing zoning on the subject property. There was a brief discussion between Council Members Watford and Markham regarding the trend of this area moving toward commercial from residential and the probability of that continuing. DECEMBER 6, 2005 - REGULAR MEETING - PAGE 6 OF 18 Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Public comments and discussion continued. Mayor Kirk asked whether there were any questions or comments from the public. There were none. c) Vote -on motion. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. CLOSE ORDINANCE ADOPTION PUBLIC HEARING - Mayor. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:15 P.M. IX. OPEN PUBLIC HEARING FOR CONSIDERATION OF A PLATTED MAYOR KIRK OPENED THE PUBLIC HEARING FOR CONSIDERATION OF A PLATTED SUBDIVISION AT 6:15 SUBDIVISION - Mayor. P.M. A.1. a) Motion to approve the Final Plat for the Revised Plat of Brentwood Council Member Watford moved to approve the Final Plat for the Revised Plat of Brentwood Estates; seconded by Estates. Council Member Chandler. b) Public comments and discussion. A final plat was approved for Brentwood Estates on June 15, 2004. The initial project proposed an Okeechobee Utility Authority (OUA) wastewater connection. However, once the project began, it was discovered that the connection to the OUA wastewater service would not be best for this subdivision. The developer, Mark Troendle, met with OUA Executive Director Fortner and Health Department representatives and obtained approval for septic tanks. Later it was discovered that since the City was not included in the modification of the project the developer had two choices. Either put the wastewater connections in as proposed originally (connection to OUA system) or submit for replat approval making the necessary changes to the project. Mr. Troendle opted to submit for replat approval. Based on the application information, Brentwood Estates is a proposed subdivision within the Southeast section of the City. The property owner is Brentwood Acres, LLC, with a mailing address of 909 Southeast 9'h Avenue, Okeechobee, Florida. The applicant is Mr. Mark Troendle. The project engineer is Mr. Loris C. Asmussen and surveyor is Mr. James Almond. The project is a 15-single family residential lot subdivision to be completed in one phase. The existing improvements consist of some residences under construction. The total land area in square feet is 385,811 and 8.856 acres. Existing impervious surface is 1200 square feet, 0.0275 acres and 0.3 percent of the site. The developer is proposing to modify the previously approved plat from water and sewer to water and septic tanks. The proposed plat is located in the 900, 1000, 1100 and 1200 Blocks of Southwest 10" Street. Additional impervious surface is 62,243 square feet, 1.4289 acres and 16 percent of the site. Total impervious surface 63,443 square feet and 1.4565 and 16 percent of site. The current zoning is RSF-1 and Future Land Use is Single Family. 417 DECEMBER 6, 2005 - REGULAR MEETING - PAGE 7 OF 18 IX. PUBLIC HEARING FOR PLATTED SUBDIVISION CONTINUED. A.1. b) Public comments and discussion continued. c) Vote on motion. The Technical Review Committee (TRC) reviewed the Plat Pre -Application at the September 28, 2005 meeting and recommended approval with the following stipulations: (1) front building setbacks must be a minimum of 35 feet, due to septic tanks being installed in the front yards. (2) Circular drives will not be permitted due to septic tanks being installed in the front yards. (3) Topographic of each lot must be shown on the plat drawings. City Council approved the preliminary plat at the October 4, 2005 meeting with the same stipulations as outlined by the TRC. This is the final step in the replatting process. However, there were several issues brought to City Staff's attention, the main concern being drainage of the surrounding properties. Mayor Kirk asked whether there were any questions or comments from the public. Mrs. Angela Armstrong, owner of Lot 15, Brentwood Estates addressed the Council explaining that with the stipulations of the new front setbacks, her new home would become a non -conforming use and asked that the replat not be approved as it is proposed. Attorney Cook advised that Attorney John Cassels had submitted a letter on the Armstrong's behalf and requested the matter be tabled until he could research the matter further. Mrs. Bonnie Thomas addressed the Council regarding her property to the North of the subdivision. She explained that she was not opposed to the development. However, since the development started her property to the North and the adjoining neighbors properties have not been able to drain from stormwater properly. She has met with South Florida Water Management officials and they advised her they would research the matter further as well. Administrator Whitehall announced that SFWMD was meeting with City Staff on Monday, December 12 to discuss the drainage in the area. Discussion ensued, Council Member Watford moved to table the approval of the revised Plat of Brentwood Estates; seconded by Council Member Williams. Council Member Markham advised that he would need to abstain from voting on this matter since he is a property owner within the subdivision. VOTE KIRK - YEA MARKHAM - ABSTAINED* WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. CLOSE THE PUBLIC HEARING FOR SUBDIVISION APPROVAL - Mayor. III MAYOR KIRK CLOSED THE PUBLIC HEARING FOR SUBDIVISION APPROVAL AT 7:06 P.M. 1 X. NEW BUSINESS. A.1. a) Motion to read by title only and set January 3, 2006 as a final public hearing date for proposed Ordinance No. 920, regarding Rezoning Petition No. 05-012-R, property owners Raul and Kathey Gamiotea, to rezone an unplatted 3-acre parcel of land located in the Southeast section from H to RSF-1 - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only and set final public hearing date. 0 City Attorney to read proposed Ordinance No. 920 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 920. b) Discussion. DECEMBER 6, 2005 - REGULAR MEETING - PAGE 8 OF 18 419 Council Member Watford moved to read by title only, and set January 3, 2006 as a final public hearing date for proposed Ordinance No. 920, regarding Rezoning Petition No. 05-012-R, property owners Raul and Kathey Gamiotea, to rezone an unplatted 3-acre parcel of land located in the Southeast section from H to RSF-1; seconded by Council Member Williams. VOTE KIRK - YEA MARKHAM - YEA WII I IAMB - YFe CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 920 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING (H) ZONING DISTRICT TO RESIDENTIAL SINGLE FAMIL Y-ONE (RSF-1) 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. 920; seconded by Council Member Chandler. Planning Consultant Mogan explained that this Ordinance amends the Zoning designation from H to RSF-1 for a vacant 3-acre unplatted parcel of land located 1109 SE 91h Drive. The application was submitted by Jamie Gamiotea on behalf of property owners Raul and Kathey Gamiotea. The Planning Staff and Planning Board are recommending approval based on the following criteria: Planning Staff Report Analysis: (A) The Single Family Future Land Use category allows the type of (Residential) being proposed by the applicant. (Policy 2.16). (B) Section-90-102 (1) allows single family dwellings as a permitted use. Additionally, the Code would allow the applicant to construct up to four dwellings per acre even though they are only requesting two dwellings for the 3 acres. (C) The single family use will not adversely affect the public interest. (D) The proposed use and zoning are appropriate with the location and would be compatible with the adjacent land use. (E) The proposed use will not adversely affect property values or living conditions in the area. (F) If needed, the proposed use can be suitably buffered from surrounding city. The applicants will be fencing the perimeter of the property upon receiving approval. 420 DECEMBER 6, 2005 - REGULAR MEETING - PAGE 9 OF 18 X. NEW BUSINESS CONTINUED. A. 2. b) Discussion continued. c) Vote on motion. Planning Staff Report Continued: (G) The applicants are only requesting two units on 3 acres, the density is well below what is allowed. Thus, the use will not overburden public facilities. (H) Traffic congestion, flooding, or drainage will not be a problem if this request is granted. (1) The only restrictions placed on this property are those imposed by the Land Development Code and Comprehensive Plan. (J) No special privileges will be granted to the owner by allowing this request. Council Member Markham asked whether or not the applicant understood that the property would need to be divided with two parcel identification numbers and deeds to build two homes. Mrs. Morgan advised yes. Council Member Watford briefly discussed the issue that there is not a dedicated city street to this property. Clerk Gamiotea advised that was correct and that there is a 30-foot wide ingress and egress tied to the deeds to this property with Aid Acres Subdivision and the Carver parcel. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. B.1. a) Motion to read by tile only and set January 3, 2006 as a final public Council Member Watford moved to read by tile only, and set January 3, 2006 as a final public hearing date for hearing date for proposed Ordinance No., 921, regarding Rezoning proposed Ordinance No. 921, regarding Rezoning Petition No. 05-013-R, submitted by Devin Maxwell to rezone an Petition No. 05-013-R, submitted by Devin Maxwell to rezone an unplatted 15.44-acre parcel of land located in the Southwest section from H to RSF-1; seconded by Council Member unplatted 15.44-acre parcel of land located in the Southwest section Williams. from H to RSF-1 - City Planning Consultant (Exhibit 4). 11 b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 921 by title only. Attorney Cook read proposed Ordinance No. 921 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING (H) ZONING DISTRICT TO RESIDENTIAL SINGLE FAMIL Y-ONE (RSF-1) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." DECEMBER 6, 2005 - REGULAR MEETING -PAGE 10 OF 18 421 X. NEW BUSINESS CONTINUED. B. 2. a) Motion to approve the first reading of proposed Ordinance No. 921. b) Discussion. 1 Council Member Markham moved to approve the first reading of proposed Ordinance No. 921; seconded by Council Member Williams. Planning Consultant Morgan explained that this Ordinance amends the Zoning designation from H to RSF-1 for unplatted vacant property located between Southwest 9m Street, 10th Avenue and 151h Street. The application was submitted by Devin Maxwell on behalf of property owner Frank Altobello, Trustee. The Planning Staff and Planning Board are recommending approval based on the following criteria: Planning Staff Report Analysis: (A) The Single Family Future Land Use designation allows for a maximum density of 4 du/ac. Before these lots are developed, action must be taken to ensure that the density will not exceed this requirement. The lots will also have to meet the RSF-1 minimum lot requirement of 10,000 square feet. (B) Single family residences is authorized under the RSF-1 Zoning District. (See Section 90-102 (1)) (C) Single family uses will not adversely affect the public interest. (D) The proposed use and zoning is appropriate for this location and is not detrimental to urbanizing land use patterns. (E) The proposed use will not be a deterrent to the improvement of adjacent properties, nor will it adversely affect property value or living conditions. (F) If necessary, site plan requirements can help to reduce any impacts on the neighborhood. (G) The proposed use for the subject property is expected to impact schools and roads, but utility providers and public facilities should not be overburdened. (H) As stated earlier, development of this property could allow for up to 62 units. The applicants may be required to submit a traffic analysis to show any impacts on the local streets. Staff is not aware of any flooding or drainage problems on the site. If any such issues exist, the Building Official will evaluate them before issuing a Certificate of Occupancy. (1) The proposed use should be able to develop within the existing code requirements. (J) The proposed RSF-1 zoning change will not grant any special privileges to the owner. Council Member Markham remarked that before the City approves a final plat for this property, that the drainage needs to be addressed thoroughly and monitored very closely by City Staff. This property has been a holding area for water for years, it has low areas, a pond, and we need to know where this water is going to go. It is going to create a lot of water run-off for the Southwest section. Council Member Watford noted that the applicant is Attorney Devin Maxwell, who is also a Planning Board Member and according to the Planning Board minutes of November 15, 2005, voted in favor of the matter. Clerk Gamiotea clarified that Mr. Maxwell did in fact, abstain from voting. The reason for the abstaining vote is noted in the Planning Board minutes along with a copy of the Voting Conflict Form, which is on file in the Clerk's Office. The actual vote of "yea" beside his name must be a typographical error and the matter would be corrected. DECEMBER 6, 2005 - REGULAR MEETING - PAGE 11 OF 18 X. NEW BUSINESS CONTINUED. B: 2. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. C.1. a) Motion to read by title only and set January 3, 2006 as a final public Council Member Watford moved to read by title only, and set January 3, 2006 as a final public hearing date for hearing date for proposed Ordinance No. 922 regarding Rezoning proposed Ordinance No. 922 regarding Rezoning Petition No. 05-014-R, submitted by Gerald Lefebvre to rezone Lots Petition No. 05-014-R, submitted by Gerald Lefebvre to rezone Lots 10-12 of Block 40, 1S' Addition to South Okeechobee from RSF-1 to CPO; seconded by Council Member Chandler. 10-12 of Block 40, 1" Addition to South Okeechobee from RSF-1 to CPO - City Planning Consultant (Exhibit 5). b) Vote on motion to read by title only and set final public hearing date. KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 922 by title only. Attorney Cook read proposed Ordinance No. 922 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 SINGLET FAMILY-ONE(RSF-1)ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE(CPO)ZONINGDISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND ANi EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 922 III Council Member Markham moved to approve the first reading of proposed Ordinance No. 922; seconded by Council Member Williams. b) Discussion. Planning Consultant Morgan advised that this Ordinance amends the Zoning designation on Lots 10-12 of Block 40, I" Addition to South Okeechobee, for vacant property located in the 1900 Block of Southwest 2"d Avenue at 412 SE 2nd Street from RSF-1 to CPO. The application was submitted by Phillip Berger on behalf of property owner Gerald Lefebvre. The Planning Staff and Planning Board are recommending approval based on the following criteria: (A) The proposed zoning and use is not contrary to the Comprehensive Plan requirements. Commercial uses are described as being offices, retail, automotive, wholesale and other related activities in the Comprehensive Plan. The applicant's request is consistent with the Commercial Future Land Use Category. DECEMBER 6, 2005 - REGULAR MEETING - PAGE 12 OF 18423 X. NEW BUSINESS CONTINUED. C. 2. b) Discussion continued. Planning Staff Report Continued: (B) Section 20-222 (1) lists professional office, business office and medical office as permitted uses. The applicants intend to use the property as an office building and this is consistent with said Section. (C) The proposed CPO zoning and its accompanying use will not adversely affect the public interest. (D) This use and zoning is appropriate for this location and is very compatible with the surrounding existing uses. (E) The proposed use and zoning will not adversely affect property values or living conditions in the area. The proposed use will encourage other undeveloped lots to be improved. (F) The proposed use can be buffered and will have to meet City Code requirements for site design, landscaping and buffering. (G) The proposed use is commercial so density is not an issue. The proposed use will be within a location designed to accommodate such uses. (H) The proposed use will not create an inordinate amount of traffic nor will it create flooding or drainage problems. (1) The proposed use should be able to develop within Code requirements and will not be burdened by unnecessary restrictions. (J) By granting this request, the City will not be conferring any special privileges to the owner. There was a brief discussion regarding the paving requirement of Southwest 20th Street. Depending on the site layout, Council authorized Staff to determine whether or not it would be better to continue to keep the West half of the street unpaved to keep traffic impacts of neighboring residential homes to a minimum. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. D.1. a) Motion to read by title only and set January 3, 2006 as a final public Council Member Watford moved to read by title only, and set January 3, 2006 as a final public hearing date for hearing date for proposed Ordinance No. 923, amendments to the proposed Ordinance No. 923, amendments to the Code Book, Land Development Regulations Section 90-573 Murals; Code Book, Land Development Regulations Section 90-573 Murals seconded by Council Member Williams. - City Planning Consultant (Exhibit 6). b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 923 by title only. Attorney Cook read proposed Ordinance No. 923 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING DIVISION FIVE SECTION 90-561 AND ADDING SECTION 90-573, REGARDING COMMERCIAL MURALS PROVIDING FOR REGULATION AND PERMITTING THEREOF, DESIGNATING PERMITTED ZONING DISTRICTS; PROVIDING AN EFFECTIVE DATE." 424 DECEMBER 6, 2005 - REGULAR MEETING - PAGE 13 OF 18 X. NEW BUSINESS CONTINUED. D. 2. a) Motion to approve the first reading of proposed Ordinance No. 923 b) Discussion. c) Vote on motion. Council Member Markham moved to approve the first reading of proposed Ordinance No. 923; seconded by Council Member Chandler. Council Member Markham requested an amendment to Section 90-573. Murals. (1). The wording states: "Murals which depict historical and cultural scenes, and which contain no commercial messages, shall be developed in conjunction with, and under the guidance and supervision of Okeechobee Main Street, Inc. (OMS) and shall be governed by the provision of Appendix F." Under this wording a business owner could not pay to have their own mural on their own building without coordinating with OMS. That would be taking away individual owners rights. We are already telling them the mural has to be within the guidelines of Appendix F. However, he did not think it necessary to have them coordinate the mural as well through OMS, unless they were using.OMS funds. Council concurred. Attorney Cook advised that the language could be changed at the final public hearing. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. E. Motion to reappoint Jerry O'Bannon as a Trustee to the City/ OUA Council Member Williams moved to reappoint Jerry O'Bannon as a Trustee to the City/ OUA General Employees General Employees Pension Fund Board, term ending December Pension Fund Board, term ending December 31, 2007; seconded by Council Member Watford. Mayor and Council 31, 2007 - City Clerk. III thanked Mr. O'Bannon for his continued service to this board. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. F. Motion to ratify the reappointment of Jamie Mullis as a Trustee to Council Member Williams moved to ratify the reappointment of Jamie Mullis as a Trustee to the City/OUA General the City/OUA General Employees Pension Fund Board, term ending Employees Pension Fund Board, term ending December 31, 2007; seconded by Council Member Chandler. December 31, 2007 - City Clerk. III VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. DECEMBER 6, 2005 - REGULAR MEETING - PAGE 14 Of 18425 X. NEW BUSINESS CONTINUED. G. Discuss the flooding issue in the Southwest section of the City - Mr. Ed Trent of 2607 SW 3RD Avenue and Mrs. Zella Kirk of 1900 Southwest 6th Avenue addressed the Council stating Eddie Trent and Zella Kirk. they went to the County explaining their problem with draining and flooding of the Southwest section. Now, they wanted to explain the situation to the City as well, in hopes of a joint effort to eliminate the serious flooding that has taken place during the last two hurricane seasons. Mrs. Kirk provided pictures taken of her neighborhood immediately following Hurricane Wilma. They stated they have heard different reasons as to why the flooding occurred, but answer as to who was at fault was not their main goal. Their main goal is to keep it from happening a third time. Both their homes suffered serve flooding inside. There was a lengthy discussion as to the amounts of rain, the cleaning and replacing of ditches and culverts, and the amount of development which has also caused some of the impact. Lots that have been undeveloped for years which held extra water, are no longer a luxury due to the development within Okeechobee. And the fact that SFWMD cannot lower the rim canal as low as they use to due to a lawsuit. The Council discussed having a joint workshop with the County and SFWMD, along with state representatives or their aides so that they all could hear first hand the amount of damage that has taken place to peoples homes due to flooding, to have a better understanding of the urgency to find a solution to the problem. Administrator Whitehall advised that Ms. Bonita Whalen, the local director of SFWMD will be attending the next City Council meeting. Council agreed to use that time to invite Ms. Whalen to a joint City, 11 County, SFWMD workshop. Mrs. Kirk and Mr. Trent thanked the Council for listening to them and offering some sort of direction to work toward a solution. H. Consider a request for mobile vending carts within the City - George Mr. George Dupont addressed the Council, thanking them for the opportunity to speak. He went on to explain that he Dupont. is a 60-year-old man, trying to earn a living, which was hard with a history of heart attacks to get a decent job in this small town. My wife and I used our life savings to replace our home due to the last two hurricane seasons. We decided to purchase a hotdog cart. We obtained all the appropriate State Licenses and set up in the Walmart parking lot. Things were going great until the third day when the City Code Enforcement Officer came by and said we were not allowed to sell within the City. When I asked him specific questions, he could not really answer them or why I could not sell. He advised me to continue to stay open that day and that he would be back with answers. He never came back. Someone called the Walmart manager and had us removed. We are working in the County now. However, we would like to work in the City. Apparently, I am considered a peddler and they are not allowed within the City. He formally requested the City Council reconsider mobile food carts that are licensed and permitted, with food handling State Licenses to be able to purchase peddlers license and work within the City. 426 DECEMBER 6, 2005 - REGULAR MEETING - PAGE 15 OF 18 X. NEW BUSINESS CONTINUED. H. Consider a request for mobile vending carts within the City Discussion ensued as to what the regulations currently state. Mayor Kirk instructed Attorney Cook to meet with continued. Clerk Gamiotea and research how other municipalities handle peddlers and mobile food vendors. Clerk Gamiotea was also instructed to keep Mr. Dupont informed of what future meetings this would be discussed at. I. Consider the approval of the February 27, 2006 cut-off for the 2006 Planning Consultant Morgan offered the following schedule for submittal of the City's Large Scale Future Land Use Comprehensive Plan Cycle - City Planning Consultant (Exhibit 7). Map Amendments, and Text Amendments: Cycle 1-2006: Monday, February 27, 2006 Application Deadline Tuesday, May 23, 2006 Planning Board Meeting Tuesday, August 1, 2006 City Council Meeting Cycle II-2006: Tuesday, August 28 Application Deadline Tuesday, October 24, 2006 Planning Board Meeting Tuesday, December 5, 2006 City Council Meeting Council Member Watford moved to approve 2006 Comprehensive Plan Cycle I and 11 Amendments (as stated above); seconded by Council Member Markham. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. J. Motion to award a dump truck bid to Okeechobee Motor Company Council Member Chandler moved to award a dump truck bid to Okeechobee Motor Company in the amount of forty - in the amount of forty-five thousand, sixty-seven dollars five thousand, sixty-seven dollars ($45,067.00); seconded by Council Member Markham. ($45,067.00) - Public Works Director (Exhibit 8). Council Member Watford advised he would be abstaining from voting, due to his employment with Okeechobee Motor Company. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS -.YEA .CHANDLER - YEA WATFORD - ABSTAINED* MOTION CARRIED. DECEMBER 6, 2005 - REGULAR MEETING - PAGE 16 OF 18427 1 X. NEW BUSINESS CONTINUED. K. Motion to approve a recommendation from the Code Board to start Council Member Markham moved to approve a recommendation from the Code Board to start foreclosure proceedings foreclosure proceedings on Geraldine Bertram, property located at on Geraldine Bertram, property located at 517 NW 15' Street; seconded by Council Member Chandler. 517 NW 15`h Street (Exhibit 9). L. Motion to approve a DCA Technical Assistance Grant in developing a capital improvement facet of the City's Comprehensive Plan - City Administrator (Exhibit 10). M. Motion to approve a Disaster Relief Funding Agreement for Federal and State assistance for Hurricane Wilma disaster relief - City Administrator (Exhibit 11). There was a brief discussion on this matter. It was noted for the record that should Ms. Bertram have the property 100 percent cleaned and brought into compliance prior to the foreclosure proceedings being filed, that the process would stop. The final goal, as with all these situations is to have the property brought into compliance, not acquire property. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Council Member Watford moved to approve a Department of Community Affairs Technical Assistance Grant, up to ten thousand dollars ($10,000.00), in developing a capital improvement facet of the City's Comprehensive Plan; seconded by Council Member Markham. There was a brief discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Council Member Chandler moved to approve a Disaster Relief Funding Agreement for Federal and State assistance for Hurricane Wilma disaster relief; seconded by Council Member Williams. There was a brief discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Council Member Williams moved to extend reversionary clause for Ordinance No. 842, and instructed Attorney Cook ITEM ADDED TO AGENDA: Motion to extend reversionary clause for to draft the appropriate ordinance officially extending the clause for twelve months, presenting it for first reading at the Ordinance No. 842 and instruct Attorney Cook to draft the appropriate January 3, 2006 meeting; seconded by Council Member Chandler. ordinance, presenting it for first reading at the January 3, 2006 meeting. DECEMBER 6, 2005 - REGULAR MEETING - PAGE 17 OF 18 X. NEW BUSINESS CONTINUED. ITEM ADDED TO AGENDA: Motion to extend reversionary clause for Ordinance No. 842 and instruct Attorney Cook to draft the appropriate ordinance, presenting it for first reading at the January 3, 2006 meeting continued. ITEM ADDED TO AGENDA: Consider a request by Adron Fence Company and Holmes Cabinets to instruct the City Attorney to draft the appropriate deed agreement to purchase property at the City Commerce Center - City Administrator. N. Recess from the regular meeting to enter into an Executive Session to discuss pending administrative proceedings concerning Governmental Risk Insurance Trust (GRIT) - Mayor. 0. Motion to close Executive Session and reconvene Open Session - Mayor. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Council Member Chandler moved to offer Commerce Center Lots 18, 19 and 20 (10.31 acres) to Adron Fence Company and the West 1.5 acres of Lot 17 (250 feet by 261 feet) to Holmes Cabinets; purchase price being fifty thousand dollars ($50,000.00) per acre; adding a 5-year reverter clause of development to the property; a right to first refusal to the City; and vacating the unimproved right-of-way known as Northeast 11" Court with the cul-de-sac conveying this as the East -half of the right-of-way North of the property line of Lots 17 and 18 extended Eastward; seconded by Council Member Watford. The two companies will also be given the opportunity to present their site plans to the Council at the next meeting. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. At 9:40 p.m. the Mayor called the regular meeting to recess and entered into Closed Executive Session. Those only to remain in the room were Mayor Kirk, Council Members Chandler, Markham, Watford and Williams, Administrator Whitehall, Attorney Cook and a Court Reporter. The discussion was confined to settlement negotiations or strategies relating to litigation expenditures concerning the pending lawsuit with Governmental Risk Insurance Trust (GRIT). The Court reporter's transcript will be made part of the public record upon conclusion of the litigation. All transcripts are filed in the Office of the City Clerk. Mayor Kirk closed the Executive Session and reconvened the regular open session at 10:15 p.m. DECEMBER 6, 2005 - REGULAR MEETING - PAGE 18 OF 18429 -XI. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. OF ATTEST: ` T Lane Gamiotea, CMC, City Clerk THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 10:15 P.M. The next regularly scheduled meeting is January 3, 2006. * (Form 8B Memorandum of Voting Conflict Form Completed for Council Member Markham and Watford are on file in the Clerk's Office.) AFFIDAVIT OOBLISHER OKEECHOBEE TIMES 0 106 S.E. Sth St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a Notice of City Council Meeting PO #013014 in the matter of City of Okeechobee City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974-2932 In the Court, was published in said newspaper in the issues of 12/01/2005 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ..., ...... yr a.atir COUNCIL MEETING NOTICE IS HEBEBYGIVEN that the City of Okeechobee City Council will meet in Regular Session on Tuesday, December 6, 2005,,6:00 p.m, City Hall, 55 SE 3rd Ave., Rio. 200, Okeechobee, Florida The public is invited and encouraged to attend. For a copy of the agenda contact. City: Administration at -(863) 763-3372 x212. PLEASE TAKE NOTICE AND BE ADVISED that if anyperson desires to ap- peal any decision made by.the City Council with respect. to'any matter considered at this meeting, such interested person will need.. a record of the proceedings; -cod for such pur- pose may:.need'm-ensuiea verbatim record of the proceedings is made, which record in- cludes the testimony and evideace upon which the appeal is to be based Tapes are used for the sole purpose of back-up. for the Clerk's Office. In accordance with the Americans with Disabilities Act (ADA) 9nd Florida `Statute 286.26, persons with disabilities needing spe- cial accommodation to participate in this pro- ceeding should contact Lane Gamiotea, no later than two, (2) working days prior to the proceeding at 863-763-3372 x 214; if you are hearing or voice impaired, call TDD 1-800- 222-3448 (voice) or 1-888-447-5620 (TTY). by: Lane Gamiotea, CMC, City Clerk PUBLISH 12101l2W OKEECHOBEE TIMES _ JamesVA. Hughes, Jr., (Publisher) Sworn to and subscribed before me n this / P_ 't day of A.D. 2005 (SEAL) Notary Public , t�YP�s Kosealee A. Brennan Commission #DD318483 .Q= Expires: Jun 25, 2008 9�OF F��P Bonded Thn1 t...Atlantic Bonding co., Inc. • Tape 1 side A CITY OF OKEECHOBEE - December 6, 2005 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES CALL TO ORDER - Mayor: Kirk, December 6, 2005 City Council Regular Meeting 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Al Jaquith Basinger First Baptist; Pledge of Allegiance led by Mayor Kirk III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson Page -1- IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim November 18-24, 2005, as "National Farm City Week." Mayor Kirk read the following proclamation: "WHEREAS, American farmers and ranchers literally help feed the world by producing a bounty of agricultural products. To do this, they rely on essential partnerships with urban and suburban communities to supply, sell and deliver finished products across the country and around the globe. Rural and urban communities working together have made the most of our nation's rich agricultural resources as they contribute to the health and well being of our country and to the strength of our economy, and WHEREAS, during National Farm -City Week, we recognize the importance of this cooperative network. Agriculture employs more than 24 million workers, including farmers and ranchers, shippers, processors, marketers, retailers, truck drivers, inspectors and others who annually contribute more than $1.3 trillion to our gross domestic product. The agriculture industry provides us with food and clothing, as well as fuel for our energy needs. And as we welcome new opportunities for trade, the hard work and successful cooperation between farmers and city workers will continue to play a vital role in our nation's future; and WHEREAS, Farm - City collaborations help maintain and improve our food and fiber supply and contribute to a better quality of life for countless citizens. We commend the many Americans whose hard work and ingenuity reflect the true spirit of America and help to ensure a prosperous future for all; and WHEREAS, as we gather with family and friends around the Thanksgiving table, it is fitting that we count among our blessings the vital Farm -City partnerships that have done so much to improve the quality of our lives; and NOW, THEREFORE, I James E. Kirk, Mayor of the City of Okeechobee, by virtue of the authority vested in me, do hereby proclaim November 18-24, 2005 as "Farm -City Week". I call upon citizens in rural and urban areas to acknowledge and celebrate the achievements of all those who, working together, produce and supply our community and nation with an abundance of agricultural products." V. MINUTES - City Clerk. A. Council Member moved to dispense with the reading and approve the Summary of Council Action for the November 1, 2005 Regular Meeting; seconded by Council Member Page -2- VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/CARRIED. VI. WARRANT REGISTER — City Administrator. A. Council Member moved to approve the October 2005 Warrant Register in the amounts of: General Fund, four hundred eighty-four thousand, twenty dollars and five cents ($484,020.05); Public Facility Improvement Fund, five hundred ten dollars ($510.00); CDBG Grant Fund, twenty-seven thousand, six hundred five dollars and eight cents ($27,605.08); seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: DENIED/CARRIED. VII. AGENDA - Mayor. A. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. Add New Business Item M -2/Exhibit 12. VIII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:09 P.M. A.1. a) Council Member Williams moved to read by title only proposed Ordinance No. 918, regarding Rezoning Petition No. 05-011-R, submitted by Bertha Williams to rezone Lot 3 and the West half of Lot 2 of Block 254, Replat of Block 252 to 254, Okeechobee, from CHV to RSF-1 - City Planning Consultant (Exhibit 1); seconded by Council Member Chandler. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: DENIED/CARRIED. c) Attorney Cook read proposed Ordinance No.918 by title only as follows: "AN ORDINANCE OF THE CITY OFOKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HEAVY COMMERCIAL (CHV)ZONING DISTRICT TO RESIDENTIAL SINGLE FAMIL Y-ONE (RSF-1) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council Member Markham moved to adopt proposed Ordinance No. 918; seconded by Council Member Williams. b) Public comments and discussion. This Ordinance amends the Zoning designation on Lot 3 and the West half of Lot 2 of Block 254, Town of Okeechobee Replat of Blocks 252 through 254, for property located at 412 SE 2nd Street from CHV to RSF-1. The application was submitted by property owner Bertha Williams. • • Page -3- All the fee's have been paid. Ads published correctly. 21 letters mailed/Sign posted on property - No response from the public to date. Planning Board & Planning Staff recommend approval. Jennifer, Planning Consultant, The Planning Staff and Planning Board (date of meeting) are recommending approval based on the following criteria: Planning Staff Report Analysis: (1) The proposed Single Family residence and RSF-1 zoning is not contrary to the Single -Family Future Land Use requirements. (2) Single Family homes are allowed under Section 90-12 (1) of the Land Development Code. (3) The Single Family use will not adversely affect the public interest. In fact, this request for RSF-1 is more compatible than the current CHV zoning. (4) The proposed use is appropriate for the location and is compatible with surrounding uses. (5) The proposed use and zoning will not adversely affect the property values or living conditions. (6) This can be suitably buffered from the surrounding areas. However, it is not required for such a low impact use. (7) The single family use will not overburden public facilities. (8) Naturally, the proposed RSF-1 zoning will be less intense than the current CHV zoning. As such, it appears that traffic, flooding or drainage will not be a problem. (9) The only restrictions imposed on the property are those set forth in the Comprehensive Plan and the Land Development Code. (10) No special privileges will be granted to the owners that would contrast with the public welfare. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. B.1. a) Council Member Watford moved to read by title only proposed Ordinance No. 919 regarding Comprehensive Plan Future Land Use Map Amendment No. 05-012-SSA, submitted by Barry and Valerie Lewis, amending the land use designation of Lots 11-12 of Block 105, Okeechobee, from Single Family to Commercial - City Planning Consultant (Exhibit 2); 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 L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook to read proposed Ordinance No.919 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAM/L Y (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 Markham moved to adopt proposed Ordinance No. 919; seconded by Council Member Chandler. b) Public comments and discussion. This Ordinance amends the Comprehensive Plan by revising the Future Land Use map on Lots 11 and 12 of Block 105, City of Okeechobee, for property located at 402 NW 4tn Street from SF to C. The application was submitted by property owner Barry and Valerie Lewis. Page -4- ez�> All the fee's have been paid. e�;, Ads published correctly. g�> Letters/Sign not necessary for small scale. ez�, LPA & Planning Staff recommend approval. Jennifer, Planning Consultant, The Planning Staff recommends approval based on the following criteria: Planning Staff Report Comprehensive Plan Analysis: (A) Policy 2.1 (c) describes the permitted uses allowed in areas designated as Commercial as being offices, retail, automotive whole sale and related commercial activities. The applicants request for an accounting office is equivalent to the uses allowed by the Comprehensive Plan. (B) Because the property is developed it is reasonable to assert that public utilities and sanitation are available to the site. Transportation impacts would be minimal and traffic congestion is not anticipated. (C) As stated earlier, the proposed land use change is compatible with adjacent and nearby land uses. Although several lots in the area have a Single Family Future Land Use, Commercial uses appear to be the more dominant current existing land use. (D) The Comprehensive Plan Goals and Policies as they are intended would allow for an Amendment to the FLUM. Therefore, the purposed change is consistent and would provide a link to the existing proposed use and the existing zoning on the subject property. DW, still a mixed use, going more to commercial. LM, think as they continue to sell the new owners will be going to commercial. DW - do we know what they plan to do with it? We understand that they will be converting the home into a cpa office. 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 6:15 P.M. IX. MAYOR KIRK OPENED THE PUBLIC HEARING FOR CONSIDERATION OF A PLATTED SUBDIVISION AT 6:15 P.M. A.1. a) Council Member Watford moved to approve the Final Plat for the Revised Plat of Brentwood Estates; seconded by Council Member Chandler. b) Public comments and discussion. A final plat was approved for Brentwood Estates on June 15, 2004. The initial project proposed an Okeechobee Utility Authority (OUA) wastewater connection. However, once the project began, it was discovered that the two methods of OUA wastewater service would not be best for this subdivision. The developer, Mark Troendle, met with OUA Executive Director Fortner and Health Department representatives and obtained approval for septic tanks. Later it was discovered that since the City was not included in the modification of the project the developer had two choices. Either put the wastewater connections in as proposed originally or resubmit for plat approval making the necessary changes to the project. Mr. Troendle opted to resubmit for plat approval. Based on the application information, Brentwood Estates is a proposed subdivision within the Southeast section of the City. The property owner is Brentwood Acres, LLC, with a mailing address of 909 Southeast 9tn Avenue, Okeechobee, Florida. The applicant is Mr. Mark Troendle. The project engineer is Mr. Loris C. Asmussen and surveyor is Mr. James Almond. The project is a 15-single family residential lot subdivision to be completed in one phase. The existing improvements consist of some residences under construction. The total land area in square feet is 385,811 and 8.856 acres. Existing impervious surface is 1200 square feet, 0.0275 acres and 0.3 percent of the site. The owner is proposing to modify the previously approved plat from water and sewer to water and septic tanks. • 0 Page -5- The proposed plat is located in the 900, 1000, 1100 and 1200 Blocks of Southwest 10th Street. Additional impervious surface is 62,243 square feet, 1.4289 acres and 16 percent of the site. Total impervious surface 63,443 square feet and 1.4565 and 16 percent of site. The current zoning is RSF-1 and Future Land Use is Single Family. The Technical Review Committee (TRC) reviewed the Plat Pre -Application at the September 28, 2005 meeting and recommended approval with the following stipulations: (1) front building setbacks must be a minimum of 35 feet, due to septic tanks being installed in the front yards. (2) Circular drives will not be permitted due to septic tanks being installed in the front yards. (3) Topographic of each lot must be shown on the plat drawings. City Council approved the preliminary plat at the October 4, 2005 meeting. Council did note that their approval did not constitute acceptance of the final plat, rather, it deemed an expression of acceptance for the layout submitted on the preliminary plat as a guide to the preparation of the final plat and approval of construction plans for required improvements and requested supplementary materials. Angela Armstrong protest the replatting of the Brentwood, sent a letter on my behalf. Issues with ditches, this has not been fair to me, thought this was platted when I bought it and now I have a big beautiful home. Cook, requesting this be tabled, from Cassels on behalf of Armstrong. Issues with drainage and set backs, home erected on her lot, no legal for developer to change plat without land owners consent, agree, if you grant replat city named in lawsuit or table and investigate issue some accomodication to land owners to changes in plat. What Troendle done I don't know. Armstrong, First house on right going in. Cook, Brian, 2 different issues, set backs and drainage, houses built base don 25 ft set backs, 2Id is how the swales should be installed, remains without the setback, deals with the crown of the road, concerned 2 matters, swales have nothing to do with. Met with engineers, talked about the swales, offering different solutions, but the developer was not present. Their septic field is not in the front on armstrong's home. Kirk no way to should change this with creating the non conforming use, we didn't start this and not ours to do, hope we get some cooperation on this or we can tell the developer he has to do his development based on the one approved. I think that's the right thing to do. Bonnie Thomas, talked with Brian, Donnie, we have a flooding problem on the east side of the property showed pictures of the property before the subdivision went in, lost 36 oak trees from standing water, shows how the ground is suppose to look, Amado Suarez area, pond now created due to water not being able to flow due to subdivision. Spoke with Angela as SFWMD, she said they were unaware of our problem only of Armstrong property, we adjoin to the North. She said she sent a letter to the developer today to meet with them to discuss the water situation. We received a letter from city as adj property hearing replat notice our property runs almost full property to th enorth no objections to subdivision, in all faith and trust city rules for development, fully adhered to and by other govt agencies, ie sfwmd, however finding this is not the case in all instances, east area of property now a pond with stagnent water, has no where to go, down the southeast and down into blue heron, lost 36 treesn Bonnie has taken pictures of the area, relief of the stagnant water *TAPE 1/SIDE B* correct the situation, take care of it, want to know what that plan is. JK met with sfwmd, again this Monday, going to have to ask for clarification, SFWMD okays drainage on subdivision, final authority can override? Brian, June 2004 SFWMD issued no notice general permit, tech not a permit per say, initiated meeting with SFWMD because of north property owners, took pictures of area with us, don't know same meeting you referred to, urged them to take a look at it, reevaluate it and see what can be done, laymens perspective, project eng looking as areas to help and find solutions, SFWMD as guidenance, dry dam with the west area, East side solely in SFWMD, they have to issue a permit to have that water flow from that land, developer perspective they are trying to do what SFWMD told them to do which Page -6- Bonnie, our elevation is 26 feet we have high elevation but on the east is low, fill and stand and then within a few days it would perculate and drain, don't know who's problem it is, can we can dig a ditch, she said no and she said they were going to have to get with the developer and get through. East fence also now underwater and not fair, not right. DW ask in dicussions it appears water not flowing in natural force, interupted the natural flow, what it appears to be (DR) seem to recall now this was asked, we all knew the problems that this causes, seems like it was explained and SFWMD Loris Assuemsen, nothing been done in brentwood that would block the drainage in that area, swales contained and perculated, brentwood did no change in grade with nothing to the north, do think everyone relys on perculation in that area, there is no positive system to run into, and that condition has not changed. The replat is only addressing the sewer system. 10 ft easement in front of everyone house that is a swale, its not a ditch it's a swale, Kirk, SFWMD was going to look at the drainage on this, impression that were going to pull the permit and see what is causing the problem, somebody is fumbling the ball. Brian, SFWMD is taking a longer amount of time. Kirk, we have people complaing on both sides, SFWMD is going to have to step up to the plate, if they permit the subdivision , we can't override that, Brian, No. Kirk, SFWMD is going to have to deal with this and take care of the problem, they were suppose to review with this to you all, I don't think we can do a thing. Armstrong, say he was right, who has made my house a non -conforming use. Kirk, what ever direction this goes in, we're not going to proceed and leave 2 new homes non -conforming, you need to keep up with this. Describe the meeting with them, we hope to do better with SFWMD, I was not happy with the meeting. Watford, little confused, the revised plat show an increase in the setbacks, TRC determined to increase from 25 to 35 front set back, that is being caused, others are on the side, remov ed circle drive and increased set back, issue came up few meetings back, instructed developer 2 options, put in sewer as approved or replat and we mentioned the drainage due to complaints, can we consider drainage or only platting issues? Cook, we can look at the whole thing since it is a replat, Kirk, request from owner, table it anyway, try to see what is going on, example of what happens when we approve something and it doesn't get done the way it was approved. Watford, no problem with tabling until after meeting with SFWMD, but not until attorney can show up. Kirk, no me either, need to make sure we can take care of those Lydia, property flood last year same way? No, it went away last year 2004, can we bring this back, Brian, could consider temp co Kirk, better to handle in regular meeting, we'll have a better idea ourselves. Armstrong, my house is done, living in small apartment Brian, temp co, several things that would have to be done, we don't want to compound the problem don't want to compromise the citys' position, don't take it lightly. DW may go to meeting and get resolution or could drag out for some time, they may be ready to do things faster than I think, Kirk, legality of issuing temp co, Cook, done before Brian, but under different conditions, this is very complicated tape 2 side a Watford, hate to see us do that, Brian, several things to consider, worst case will be she is saddled with a non conforming use, not that we would move her out, compounding a comedy of errors, understand your concerns. Kirk, think we need to table this, at least we'll get to meet with SFWMD, watford, seems logical to table Move to table revised plat approvalfor Brentwood Estates; second by Williams. c) Vote on motion. Page -7- VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X (voting conflict form completed and filed) WATFORD X L. WILLIAMS X MOTION: CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING FOR SUBDIVISON APPROVAL AT 7:06 P.M. X. NEW BUSINESS. A. 1. a) Council Member Watford moved to read by title only and set January 3, 2006 as a final public hearing date for proposed Ordinance No. 920, regarding Rezoning Petition No. 05-012-R, property owners Raul and Kathey Gamiotea, to rezone an unplatted 3-acre parcel of land located in the Southeast section from H to RSF-1 - City Planning Consultant (Exhibit 3); 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 L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook to read proposed Ordinance No. 920 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 PARTICULARL Y DESCRIBED HEREIN, FROM HOLDING (H) ZONING DISTRICT TO RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 920; seconded by Council Member Chandler. b) Discussion. Jennifer for Planning Consultant, This Ordinance amends the Zoning designation from H to RSF-1 for vacant property located 1109 SE 91h Drive. The application was submitted by Jamie Gamiotea on behalf of property owners Raul and Kathey Gamiotea. The Planning Staff and Planning Board are recommending approval based on the following criteria: Planning Staff Report Analysis: (A) The Single Family Future Land Use category allows the type of (Residential) being proposed by the applicant. (Policy 2.16). (B) Section-90-102 (1) allows single family dwellings as a permitted use. Additionally, the Code would allow the applicant to construct up to 4 dwellings per acre even though they are only requesting 2 dwellings for the 3 acres. (C) The single family use will not adversely affect the public interest. (D) The proposed use and zoning is appropriate with the location and would be compatible with the adjacent land use. (E) The proposed use will not adversely affect property values or living conditions in the area. (F) If needed, the proposed use can be suitably buffered from surrounding city. The applicants will be fencing the perimeter of the property upon receiving approval. (G) The applicants are only requesting 2 units on 3 acres, the density is well below what is allowed. Thus, the use will not overburden public facilities. (H) Traffic congestion, flooding, or drainage will not be a problem if this request is granted. (1) The only restrictions placed on this property are those imposed by the Land Development Code and Comprehensive Plan. (J) No special privileges will be granted to the owner by allowing this request. c) Vote on motion. Page -8- VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. B.1. a) Council Member Watford moved to read by tile only and set January 3, 2006 as a final public hearing date for proposed Ordinance No., 921, regarding Rezoning Petition No. 05-013-R, submitted by Devin Maxwell to rezone an unplatted 15.44-acre parcel of land located in the Southwest section from H to RSF-1 - City Planning Consultant (Exhibit 4); 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 L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook to read proposed Ordinance No. 921 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 (H) HOLDING ZONING DISTRICT TO RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) 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. 921; seconded by Council Member Williams. b) Discussion. This Ordinance amends the Zoning designation from H to RSF-1 for unplatted vacant property located between Southwest 9th Street, 101h Avenue and 15th Street. The application was submitted by Devin Maxwell on behalf of property owner Frank Altobello, Trustee. The Planning Staff and Planning Board are recommending approval based on the following criteria: Planning Staff Report Analysis: (A) The Single Family Future Land Use designation allows for a maximum density of 4 du/ac. Before these lots are developed, action must be taken to ensure that the density will not exceed this requirement. The lots will also have to meet the RSF-1 minimum lot requirement of 10,000 square feet. (B) Single family residences is authorized under the RSF-1 Zoning District. (See Section 90-102 (1)) (C) Single family uses will not adversely affect the public interest. (D) The proposed use and zoning is appropriate for this location and is not detrimental to urbanizing land use patterns. (E) The proposed use will not be a deterrent to the improvement of adjacent properties, nor will it adversely affect property value or living conditions. (F) If necessary, site plan requirements can help to reduce any impacts on the neighborhood. (G) The proposed use for the subject property is expected to impact schools and roads, but utility providers and public facilities should not be overburdened. (H) As stated earlier, development of this property could allow for up to 62 units. The applicants may be required to submit a traffic analysis to show any impacts on the local streets. Staff is not aware of any flooding or drainage problems on the site. If any such issues exist, the Building Official will evaluate them before issuing a Certificate of Occupancy. (1) The proposed use should be able to develop within the existing code requirements. (J) The proposed RSF-1 zoning change will not grant any special privileges to the owner. Markham, before we do a plat, this has been a holding area for water and its got some low areas, a pond and we need to know where this water is going to go. Its going to create a lot of run off. Page -9- Watford, name of owner, NOTATION THAT ABSTAINING VOTE DIDN'T SHOW IN MINUTES. C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. C. 1. a) Council Member Watford moved to read by title only and set January 3, 2006 as a final public hearing date for proposed Ordinance No. 922 regarding Rezoning Petition No. 05-014-R, submitted by Gerald Lefebvre to rezone Lots 10-12 of Block 40, ls` Addition to South Okeechobee from RSF-1 to CPO - City Planning Consultant (Exhibit 5); seconded by Council Member Chandler. b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. C) Attorney Cook to read proposed Ordinance No. 922 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 PARTICULARL Y DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) 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. 922; seconded by Council Member Williams. b) Discussion. Jennifer, This Ordinance amends the Zoning designation on Lots 10-12 of Block 40, 1s` Addition to South Okeechobee, for vacant property located in the 1900 Block of Southwest 2nd Avenue at 412 SE 2"d Street from RSF-1 to CPO. The application was submitted by Phillip Berger on behalf of property owner Gerald Lefebvre. The Planning Staff and Planning Board are recommending approval based on the following criteria: Planning Staff Report Analysis: (A) The proposed zoning and use is not contrary to the Comprehensive Plan requirements. Commercial uses are described as being offices, retail, automotive, wholesale and other related activities in the Comprehensive Plan. The applicant's request is consistent with the Commercial Future Land Use Category. (B) Section 20-222 (1) lists professional office, business office and medical office as permitted uses. The applicants intend to use the property as an office building and this is consistent with said Section. (C) The proposed CPO zoning and its accompanying use will not adversely affect the public interest. (D) This use and zoning is appropriate for this location and is very compatible with the surrounding existing uses. (E) The proposed use and zoning will not adversely affect property values or living conditions in the area. The proposed use will encourage other undeveloped lots to be improved. (F) The proposed use can be buffered and will have to meet City Code requirements for site design, landscaping and buffering. (G) The proposed use is commercial so density is not an issue. The proposed use will be within a location designed to accommodate such uses. (H) The proposed use will not create an inordinate amount of traffic nor will it create flooding or drainage problems. (1) The Page -10- proposed use should be able to develop within Code requirements and will not be burdened by unnecessary restrictions. (J) By granting this request, the City will not be conferring any special privileges to the owner. Lowry, 20'h street, got closed off, attorney and conely open the street be required, issue with road, etc. Donnie, build offices will be required to pave, if we don't do it now, someone later will be responsible. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. D.1. a) Council Member Watford moved to read by title only and set January 3, 2006 as a final public hearing date for proposed Ordinance No. 923, amendments to the Code Book, Land Development Regulations Section 90-573 Murals - City Planning Consultant (Exhibit 6); 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 L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook to read proposed Ordinance No. 923 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING DIVISION FIVE SECTION 90-561 AND ADDING SECTION 90-573, REGARDING COMMERCIAL MURALS PROVIDING FOR REGULATION AND PERMITTING THEREOF, DESIGNATING PERMITTED ZONING DISTRICTS; PROVIDING AN EFFECTIVE DATE." 2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 923; seconded by Council Member Chandler. b) Discussion. Make clarifications of difference, murals is non commercial, relates to Markham, November we did ordinance , took care of another section, we *TAPE 2/SIDE A* we're giving OMS full control, on permits does it go through city or OMS, private owner wants to paint murel, approval goes to city for permit, appendix f as the guidelines, watford, understand what you're saying, murals are suppose to be different, so you want a kind of theme, want certain theme or to look a certain way, if you're going to have this, you wouldn't want a murel with a statue of liberty over here and south land hotel over there, establish the idea, like the ones in lake placid. Oms idea so we should have someone to control it anyway. Going for funding to do it. Markham, what about someone doing his own, he doesn't need main street to fund it, and he/she doesn't want the guidelines of main street and maybe the city should be put in it, and like the city has final approval of all murals, can be amended using oms funding, do it its your money, but an individual on their on money can do it, property owner has Page -11- to approve the artist, think city should be involved. Jennifer appendix f quite comprehensive and we can see whether it has the final okay to the city c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. E. Council Member Williams moved to reappoint Jerry O'Bannon as a Trustee to the City/ OUA General Employees Pension Fund Board, term ending December 31, 2007 - City Clerk; seconded by Council Member Watford. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. F. Council Member Williams moved to ratify the reappointment of Jamie Mullis as a Trustee to the City/OUA General Employees Pension Fund Board, term ending December 31, 2007 - City Clerk; seconded by Council Member Chandler, VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. G. Discuss the flooding issue in the Southwest section of the City - Eddie Trent and Zella Kirk. Ed Trent of 2607 SW 3RD Avenue addressed the council stating that went to the county explaining to the problem with draining and flooding of the southwest section. Kirk 1900 SW 6th Avenue, 7'h Avenue seems to be the problem, lived in home for 30 years, ditch that is cleaned out, ditch taking water away is on us, pipe on road on 7th Avenue, the water starts coming back, you can't see 191h street or 71h Avenue, pictures don't do justice to actual damage, flooded again this year, worse this year than last year, heard different reasons as to why, I felt better than Eddie did, thought they were truly embarassed that this situation is going on, one city and one county looked at the rim canal being lowered more, county mentioned stated that it was no lowered as much as it should have. Something has to be done. WE are not in a flood zone and we wonder what is going on. Hoping you agree with us and want more than words that you agree with us and actually do something about it, we plan to do petitions. During the month of January I will devote the entire month to see how many people were effected. We have had some serious flooding issues and we need all the agencies to work together to solve the problem. Trent, pump records from SFWMD, lost control over the storm from the beginning. Spoke with West Palm office, they were sued for taking the canals down to much from before, Council Member Markham right on the 15 acres to be rezoned, we don't have the vacant lots that we use to have for water to just stand that didn't bother people, we going to have to look at this real hard. A no notice is not really a no notice it means there is nothing to meet their criteria, Watford, honestly we really do feel your pain, thank markham, worked diligently to get some of the water Page -12- off in different areas, let me assure you we have been concerned about this, thought we would have a handle about it, first question was how was the mayors house told flooded again, appeared before legislative delegation, asked for assistance and drainage problem, don't know if they can do anything, east coast doesn't want the water and I firmly believe we will stay on that, rim canals will be dropped, budget request for money from the state for drainage management, have to look a whole project, no real drainage plans in existence for the city the admin has found, that is not going to happen quickly, don't know short term solutions, ditches kept clean, new culverts in there, durrance road, may be that will help, don't know, mrs kirk, water coming from ditch, can we then somewhere that ditch has got to be bigger, Brian, thats not what sfwmd thinks, pointed fingers about the canal lowered *TAPE 3/SIDE A* They were willing to say that's the problem, we have a long road to hoe, we know we need to get the water out, they are worried about quality more than quantity. Watford, county maintains ditch through there, Brian they are working on a master storm utility, captial improvements looking at, we've bumped that up to the number one issue with the city, we know what the problem is we just need a solution Zella, be next hurricane season Kirk, my thought is they have no intention of lowering the rim canal more than they did, Watford, not a lot we can do, feel got ours as good as we can, county is working on it, but its SFWMD where their portion of the system is the problem Markham, no one really looks at, Taylor Creek, rim canal, all the way from naubin slough to Hwy. 78, Hwy. 98, up by the Airport, we're creating more than just our little city and the only pump is at taylor creek, they need to install more pumps; we've got to stay on the legislative to get on SFWMD to keep on them and get them to maintain that depth, at 14 is where they try to keep it at, water will drain at 14, over 14 you'll back water in to the city, they have to get it below 14 and they are going to argue with you about it, I have dug enough ditches to know what way its drains, tried to create places we're trying to spread it out and now we've got up to 5 areas to drain to but we've got to have that water moving in that rim canal. We need to put more pressure on SFWMD. Brian, SFWMD director will be at next meeting. We need to have the leg rep aides to be here. Seems to be a great idea, request the workshop at the meeting when she comes. Thank you for hearing us. We'll come back after we get the petitions signed. H. Consider a request for mobile vending carts within the City - George Dupont. Mr. George Dupont addressed the council, thanking for opportunity to speak. 60 year old man, trying to earn a living, hard with history with heart attack to get a decent job in this small time, all life savings to replace our home due to last 2 hurricane seasons. Took hotdog cart after getting state license and set up in walmart parking lot, set up and things were great, 3 days into working, city code enforcement officer came in and said I was not allowed to sell. He couldn't really tell me whether or not I could sell and why. He never came back. Someone called Walmart manager and had us moved off. Working in county now. Would like to have you consider mobile food carts that are licenses and permitted, food handling,etc. Permission with the proper license and fees to work within the city. Seems to be little bit of confusion. Invited to attend festival to sell there. Chandler ord that you cannot do this. Cook, peddler ord Williams, peddlers licensed until they moved out, fruit stand vendors leaving messes and had to send city employees to clean up, something like this, easy to trail, have to have written permission from owners, all their license, still have ice cream vendors illegal today. 0 0 Page -13- Dupont, right and we're willing to have every license with it. You have a wonderful christmas parade coming up that would be a wonder opportunity to have a better atmosphere. Chandler don't see how we can tell him. *TAPE 3/SIDE B* Cook got way from all of that Dupont, I live here and pay my taxes here I'm not just a out of towner trying to come in here. Chandler most of these others were there for a week or so. Kirk, gone to walmart and selling hotdogs Lydia right and they are illegal. Brian, the city council not privy to the discussion, labored over parking spaces and then you allow a mobile vending business to use one of these spaces. Its not a simple as just allowing someone to earn a living. Watford, we've been through this and it caused a lot of problems, one man will not caused them, but you have to let everyone else come in and sell as well. There is a real fine line. Had non -profits set up for bake sales, and it's a one time event and that's a different case, but that's a different circumstance since that is for -profit, think it will be a real can a worms, yes it can be policed and there are pitfalls that we have been there before. Kirk, people came and set up before Markham, BBQ place that set up and he got to be an everyday business and we finally had to say no. Dupont, I am for profit when you have a not for profit group you still are making a profit they use that money as well. I just want to set up every now and then to set up the cart in the city. Kirk, realize that the city and county are different on a lot of different areas, if it was just one periosn doing something that's different, people on weekends coming in here, traffic problems, etec. Don't know if we need to open this again, know what a problem it was before. Cook, look at other city ordinances and see what might be out there. Kirk, look at is if it starts preventing a problem that we be able to get a handle back on it. Dowling, only saving grace is the state food vendor Lowry, veg man came before us, same promises, got everything, clean up my mess and he had a good reason for everything, he'll be back up here to. Dowling, a lot of places have special sales, hotdogs & cokes, etc. Attorney going to look into it. Clerk to let him know Consider the approval of the February 27, 2006 cut-off for the 2006 Comprehensive Plan Cycle - City Planning Consultant (Exhibit 7). Jennifer, state limits 2 annually, staff requirements to get these completed. Council Member Watford moved to approve the Monday February 26, 2006 and the last Tuesdya as the cut-off for the 2006 Comprehensive Plan Cycle I Amendments; seconded by Council Member Page -14- Markham. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. J. Council Member Chanlder moved to award a dump truck bid to Okeechobee Motor Company in the amount of forty-five thousand, sixty-seven dollars ($45,067.00) - Public Works Director (Exhibit 8); seconded by Council Member Markham. Markham, like to stay in community, VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD X (voting conflict form completed and on file) L. WILLIAMS MOTION: CARRIED. K. Council Member Markham moved to approve a recommendation from the Code Board to start foreclosure proceedings on Geraldine Bertram, property located at 517 NW 15" Street (Exhibit 9); seconded by Council Member Chandler. Foreclosure on existing lien. This property had been cited with Chapter 30 Sec 30-43 Public Nuisances. Code Officer Sterling testified at the November 8, 2005 Code Enforcement Board Meeting that the mobile home had been demolished but the debris had not been removed and he had received several complaints from neighbors who were worried about the debris causing damage to their property. Watford, serious step, violated since dec 2004, 50% completed as of today. Long process, slowly working toward clean up, last few weeks. Costs started and suggest approve foreclosure, cleaned up we'll just not proceed. Fines still there. $4,000.00 worth of fines. Wouldn't take much to be completed, can't believe its gone to the point it has. Watford still file for foreclosure to get the fines. If its clean up the foreclosure will stop but the lien will continue. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. L. Council Member Watford moved to approve a DCA Technical Assistance Grant in developing a capital improvement facet of the City's Comprehensive Plan - City Administrator (Exhibit 10); seconded by Council Member Markham. Capital Improvement Plan Element $10,000.00 VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. Page -15- M. Council Member Chandler moved to approve a Disaster Relief Funding Agreement for Federal and State assistance for Hurricane Wilma disaster relief - City Administrator (Exhibit 11); seconded by Council Member Williams. Standard paperwork to get the money from FEMA. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. ITEM ADDED TO AGENDA: Council Member Williams moved to extend revisionary clause for instruct Attorney Cook to draft the appropriate ordinance and present it for first reading at the January 3, 2006 meeting; seconded by Council Member Chandler VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. ITEM ADDED TO AGENDA: Wanting a deed for the property at the Commerce Center. Council Member Chandler moved to offer Adron fence and HOlmes10.3 acres for $50,000 per acre, for cannot resale property; seconded by Council Member Watford. We do not want that to happen again. 5-years buy back 50,000 sell within 5 years reverter closing the road, other part goes with 17. Give them opportunity to present it to us at next meeting. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. 9:40 p.m. N. At p.m. the Mayor called the regular meeting to recess. Those only to remain in the room are Mayor Kirk, Council Members Chandler, Markham, Watford and Williams, Administrator Whitehall, Attorney Cook and a Court Reporter. The discussion will be confined to settlement negotiations or strategies relating to litigation expenditures concerning the pending lawsuit with Governmental Risk Insurance Trust (GRIT). 0. The Court reporter's transcript will be made part of the public record upon conclusion of the litigation. All transcripts are filed in the Office of the City Clerk. Mayor Kirk closed the Executive Session and reconvened the regular session at p.m. XI. MAYOR KIRK ADJOURNED THE MEETING AT p. m. 0 0 Tape 1 side A CITY OF OKEECHOBEE - December 6, 2005 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES CALL TO ORDER - Mayor: Kirk, December 6, 2005, City Council Regular Meeting 6:00 p.m. II OPENING CEREMONIES: Invocation given by Pastor Al Jaquith, Basinger First Baptist; Pledge of Allegiance led by Mayor. ICI. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City .administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson I/ NAM Page -1- 0 IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim Nov er 18-24, 2005, as "National Farm City Week." 1)6`i e ��.uf� WHEREAS, American farmers and ranchers literally help! feed the world by producing a bounty of agricultural products. To do this, they rely on essential partnerships with urban and suburban communities to supply, sell and deliver finished products across the country and around the globe. Rural and urban+ communities working together have made the most of our nation's rich agricultural resources as they contribute to the health and well being of our country and to the strength of our economy, and WHEREAS, during National Farm -City Week, we recognize the importance of this cooperative network. Agriculture employs more than 24 million workers, including farmers and ranchers, shippers, processors, marketers, retailers, truck drivers, inspectors and others who annually contribute more than $1.3 trillion to our gross domestic product. The agriculture industry provides us with food anl clothing, as well as fuel for our energy needs. And as we welcome new opportunitie n for trade, the hard work and successful cooperation between farmers and city workers wilt continue to play a vital role in our nation's future; and WHEREAS, Farm -City collaborations help maintain and improve our food and fiber supply and contribute to a betttr quality of life for countless citizens. We commend the many Americans whose hard we and ingenuity reflect the true spirit of America and help to ensure a prosperous future fcT all; and WHEREAS, as we gather with family and friends around the Thanksgiving table, it is fitting that we count among our h,rssings the vital Farm -City partnerships that have done so much to improve the quality of our lives; and NOW, THEREFORE, Ilames E. Kirk, Mayor of the City of Okeechobee, by virtue of the authority vested in me, do hereby proclaim November 18-24, 2005 as "Farm -City Week". I call upon citizens in rural and uri)an areas to acknowledge and celebrate the achievements of all those who, working together, produce and supply our community and nation with an abundance of agricultural; products. < t-- • • Page -2- V. MINUTES - City Clerk. A. Council Member La i; d LLt moved to dispense with the reading and approve the Summary oftofltw uncil Action for the November 1, 2005 Regular Meeting seconded by Council Member KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED RRIED. - VI. WARRANT REGISTER - City Administrator. A. Council Member G{ moved to approve the October 2005 Warrant Register in _ the amounts of: General Fund, four hundred eighty four thousand, twenty dollars and five cents ($484,020.05); Public Facility, five hundred ten dollars ($510.00); CDBG Grant Fund, twenty seven thousand, six hundred five dollars and eight cents ($27,605.08) seconded by Council Member (to -� VII. AGENDA - Mayor, A. Mayor Kirk asked whether t ere er'wa reques s for the addition, deferral or withdrawal of items on i2_ today's agenda. �� .s I�� E� �'�x_�� l�uF; e ��ti = M ' n,(�'. y 1 i'vxy� t ��; , j � g � s 2c� �t s p'1"� VIII. MAYOR KIRK OPENED THE UBLIC HEARING FOR ORDINANCE ADOPTION AT A.1. a) Council Member JAJA_�'d._4,VA moved to read by title only proposed Ordinance No. 918, regarding Rezoning Petition No. 05-011-R, submitted by Bertha Williams to rezone Lot 3 and theWest half of Lot 2 of Block 254, Replat of Block 252 to 254, Okeechobee, from CHV to RSF-1 - 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 L. WILLIAMS -� MOTION: DENIED/ IED. c) Attorney Cook to read proposed Ordinance No.918 by title only as follows: AN ORDINANCE OF -- THE -CITY -OF OKEEGHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICUL-ARLY DESCRIBED HEREIN, FROM -HEAVY--COMMERCIAL (CHV) ZONING DISTRICT TO _RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING___ DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE- DATE. - - 2. a)- Council Member moved to adopt proposed -Ordinance No.-918; seconded -by Council Member b) Public comments and discussion. This Ordinance amends the Zoning designation on Lot 3 and the West half. of Lot 2 of Block 254, Town of Okeechobee Replat of Blocks 252 through 254, for property located at 412 SE 2nd Street from CHV to RSF-1. -__ The -application was submitted -by property owner Bertha Williams. • 0 Page -3- The Planning Staff and Planning Board are recommending approval based on the following criteria: Planning Staff Report Analysis: (1) The proposed Single Family residence and RSF-1 zoning is not contrary to the Single -Family Future Land Use requirements. (2) Single Family homes are allowed under Section 90-12 (1) of the Land Development Code. (3) The Single Family use will not adversely affect the public interest. In fact, this request for RSF-1 is more compatible than the current CHV zoning. (4) The proposed use is appropriate for the location and is compatible with surrounding uses. (5) The proposed use and zoning will not adversely affect the property values or living conditions. (6) This can be suitably buffered from the surrounding areas. However, it is not required for such a low impact use. (7) The single family use will not overburden public facilities. (8) Naturally, the proposed RSF-1 zoning will be less intense than the current CHV zoning. As such, it appears that traffic, flooding or drainage will not be a problem. (9) The only restrictions imposed on the property are those set forth in the Comprehensive Plan and the Land Development Code. (10) No special privileges will be granted to the owners that would contrast with the public welfare. 1 C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED! RRIED. • • Page 4- B. 1. a) Qouncil Member Ak moved to read by title only proposed Ordinance No. 919 regarding Comprehens a Plan Future Land Use -Map Amendment No. 05-012-SSA, submitted by Barry and Valerie Lewis, amending the land use designation of Lots 11-12 of Block 105, Okeechobee, from Single Fmily to Commercial - City Planning Consultant (Exhibit 2); seconded by Council Member �, IU.�� b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER - - _ - MARKHAM _ WATFORD L. WILLIAMS MOTION: DENIED RRIED. c) Attorney Cook to read proposed Ordinance No.919 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FL0RIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED -HEREIN FROM -SINGLE FAMILY Y (SF) TO COMMERCIAL (C) PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FORAN EFFECTIVE DATE. - 2. a) Council Member Je-kL nk-; moved to adopt proposed Ordinance No. 919; seconded by Council Member v� b)-. Public comments and discussion,___ This -Ordinance amends the- Comprehensive Pian by revising the Future Land Use map on Lots 11-and 12 of Block 105, City of Okeechobee, for property located at 402 NW 4" Street from SF to C. The application wag submitted -by property owner Barry and Valerie Lewis. The Planning Staff recommends approval based on the following criteria: Planning Staff Report Comprehensive Plan Analysis: -(A) Policy2.1 (c). describes the permitted uses -allowed in areas designated as Commercial as being offices, retail, automotive whole sale and related commercial activities. Th-e-applicants -request form accounting office is equivalent to the uses allowed by the Comprehensive Plan. (B) Because the property is developed it is reasonable to assert that public utilities and sanitation aTe available to the -site. Transpwatlonimpacts wourd-1 e minimal and -traffic congestions not anticipated. (C) As stated earlier, the proposed land use change is compatible with adjacent and nearby land uses. Although several lots in the area have a Single Family Future Land Use, Commercial uses appear to be the -more dominant -current existing land -use._ D) The comprehensive Plan_Goals-andP_okies-as they _are. intended would allow for an Amendment to the FLUM. Therefore, the purposed change is consistent and would provide a link to -the existing proposed us and the existing zoning on the subject property. 7 �e �Yv�i.� '�- � �,yt.2`l, � ' o .�r-y`��'t'`;� � �! �',��,.�',iaY �C�C. � ;' �J ZY�4f�tJ1' IY /S" t i 1IJC d l"yl tit v� - - s) -- - Vote -on motion. - - - - VOTE YEA NAY ABSTAIN ABSENT --KIRK- - --- CHANDLER MARKHAM WATFORD L. WILLIAMS -- MOTION: DENIED! ARRIED. - - - - MAYOR KIRK CLOSED T-HE- PUBLIC HEARING AT - _- _ _ u �J Page -5- IX. MAYOR KIRK OPENED THE PUBLIC HEARING FOR CONSIDERATION OF A PLATTED SUBDIVISION AT i0 ' IS P.M. r"1 A.1. a) Council Member— moved to approve the Final Plat for the Revised Plat of Brentwood Estates; sec ded by Council Member n 1 "° � _ b) Public comments and discussion. A final plat was approved for Brentwood Estates on June 15, 2004. The initial project proposed an Okeechobee Utility Authority (OUA) wastewater connection. However, once the project began, it was discovered that the two methods of OUA wastewater service would not be best for this subdivision. The developer, Mark Troendle, met with OUA Executive Director Fortner and Health Department representatives and obtained approval for septic tanks. Later it was discovered that since the City was not included in the modification of the project the developer had two choices. Either put the wastewater connections in as proposed originally or resubmit for plat approval making the necessary changes to the project. Mr. Troendle opted to resubmit for plat approval. Based on the application information, Brentwood Estates is a proposed subdivision within the Southeast section of the City. The property owner is Brentwood Acres, LLC, with a mailing address of 909 Southeast 91h Avenue, Okeechobee, Florida. The applicant is Mr. Mark Troendle. The project engineer is Mr. Loris C. Asmussen and surveyor is Mr. James Almond. The project is a 15-single family residential lot subdivision to be completed in one phase. The existing improvements consist of some residences under construction. The total land area in square feet is 385,811 and 8.856 acres. Existing impervious surface is 1200 square feet, 0.0275 acres and 0.3 percent of the site. The owner is proposing to modify the previously approved plat from water and sewer to water and septic tanks. The proposed plat is located in the 900, 1000, 1100 and 1200 Blocks of Southwest 101h Street. Additional impervious surface is 62,243 square feet, 1.4289 acres and 16 percent of the site. Total impervious surface 63,443 square feet and 1.4565 and 16 percent of site. The current zoning is RSF-1 and Future Land Use is Single Family. The Technical Review Committee (TRC) reviewed the Plat Pre -Application at the September 28, 2005 meeting and recommended approval with the following stipulations: (1) front building setbacks must be a minimum of 35 feet, due to septic tanks being installed in the front yards. (2) Circular drives will not be permitted due to septic tanks being installed in the front yards. (3) Topographic of each lot must be shown on the plat drawings. City Council approved the preliminary plat at the October 4, 2005 meeting. Council did note that their approval did not constitute acceptance of the final plat, rather, it deemed an expression of acceptance for the layout submitted on the preliminary plat as a guide to the preparation of the final plat and approval of construction plans for required improvements and requested supplementary materials. c) o e on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DE 1 _ /1 f s y ✓�� 'vl.�' k t-ram �,"� i C,� .>�� ' /��> r' �L.'�(f, i _ ' ��y�� - ti �� < '" "' �' � 'ti�,J �.. t - wit n ICJ �<{ % C (�_ a t /�; , ~--•�'� -' .�c = 4 - -_ J` f1 r ' Kit -: � � l.-.l _'-L- 1(—, % 1- P-- ! v - - r ALkt- ;ram C- \l r_ tom• e,L• . "c C.. y ,. • r. Jr - _. -. _. _ _... _._... ,��r�''�-�'l- t� i. 6. ��!/ : C.-.�� ` ill.. �LG}�(f�j.. _ Li : _b�w+�-(�. 4• {. _��_ L��.L L.f LL.-.G�. �-�,.' �d L: f , j" (J 2 1 - �rj1 Lk N tk i � / �-'�.-� -`.} g�"7 �:_«.y :L' • -'' ��-'�_ (ti Gt�+i��t..t"�l/ice "''� �L�L`-."`,1 iZ E_ .-Z'v,) �=t-Y._.J r - , n r ' i 1 r v j r 14 �`-lP 4 � f'U�—C.k— �� (L' L f�{i.; C% �� .) ��— i.:.t-"t{" �-'(!_J�C�j),i,{• �c. �`rt .o 7 " p s � r s X t r\ Jcll� 'L1 1� f(j , r _.. . f t �"'1.� ) .ram., - � / ,�� 1 i i„� � ".; � �(_.�'•t',.Z.a t _ _ _ _ - _ _ - /1 ��f'�1�. ♦:1 � � �� N''-' �.�` 1 1 � _ � � ��-��7_ `-rt. �.F-- - � �`t � _ � '��{- `i .� �_ �J � � %� � ��n.rn�-4'p'.Ct.` 1 ' r �'t % ! �- i` � + T V�k(7 � �Y/'�) 1.�',1.� �,! / Y� �`- / '- /,!1{_ �'`� 1, ,L <*_ E. ✓ �i - // .� t Page -6- X. NEW BUSINESS. A.1. a) Council Member ,40— moved to read by title only and set January 3, 2006 as a final public hearing date for posed Ordinance -No. 920, regarding Rezoning Petition No. 05-012-R, property owners Raul and Kathey Gamiotea, to rezone an unplatted 3-acre parcel of land located in the Southeast secti from H to RSF-1 - City Planning Consultant (Exhibit 3); seconded by Council Member W, i M-11V_A b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK - - CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/ 4�� c) Attorney Cook to read proposed Ordinance No. 920 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A- CERTAIN TRACT OF LAND MORE PARTICULARLY - DESCRIBED HEREIN, FROM HOLDING (H) ZONING DISTRICT TO RESIDENTIAL SINGLE FAMIL Y-ONE (RSF-t) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGL Y, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council Member )[L-k 1,/--1 X-, moved..to,approve the first reading of proposed Ordinance No. 920; seconded by Council Member b) Discussion. This Ordinance amends the Zoning designation from H to RSF-1 for vacant property located 1109 SE 9`h Drive. The application was submitted by Jamie Gamiotea on behalf of property owners Raul and Kathey Gamiotea. ThePlanningStaff and Planning Board are recommending approval based on the following criteria: Planning Staff Report Analysis: (A) The Single Family Future Land Use category allows the type of (Residential) being proposed by the applicant. (Policy 2.16). (B) Section-90-1 G2 (1) allows single family dwellings as a permitted use. Additionally, the Code would allow the applicant to construct up to 4 dwellings per acre even though they -are -only requesting-2 dwellings for the-3 acres. (C) The single family use will not adversely affect the public interest. (D) The proposed use and zoning is appropriate with the location and would be compatible with the adjacent land use. (E) The proposed use will not adversely affect -property values or living. conditions in the. area. _(F)_If needed, the proposed use can be -suitably_ buffered from surrounding city. The applicants will be fencing the perimeter of the property upon receiving approval. (G) The applicants are only requesting 2 units -on 3 acres, the density is -well below what is allowed. Thus, the use will not overburden public facilities. (H) Traffic congestion, flooding, or drainage will not be a problem if this request isgranted. (I) The only restrictions placed -on this property are those imposed by the Land Development Code and Comprehensive Plan. (J) No special privileges will be granted to the owner by allowing this request. i c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK _ - -- CHANDLER MARKHAM WATFORD L. WILLIAMS - MOTION: DENIE ARRIED.- - • Page -7- B.1. a) Council Member moved to read by tile only and set January 3, 2006 as a final public hearing date for p posed Ordinance No., 921, regarding Rezoning Petition No. 05-013-R, submitted by Devin Maxwell to rezone an unplatted 15.44-acre parcel of land located in the Southwest section from H to RSF-1 - City Planning Consultant (Exhibit 4); seconded by Council Member I 91 b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIE CAF�RIED. c) Attorney Cook to read proposed Ordinance No. 921 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 (H) HOLDING ZONING DISTRICT TO RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERAB/LITY AND AN EFFECTIVE DATE." 2. a) Council Member ��r d; ,! _ _ 14w moved /tQ� prove the first reading of proposed Ordinance No. 921; seconded by Council Member b) Discussion. This Ordinance amends the Zoning designation from H to RSF-1 for unplatted vacant property located between Southwest 9`h Street, 10`h Avenue and 1511 Street. The application was submitted by Devin Maxwell on behalf of property owner Frank Altobello, Trustee. The Planning Staff and Planning Board are recommending approval based on the following criteria: Planning Staff Report Analysis: (A) The Single Family Future Land Use designation allows for a maximum density of 4 du/ac. Before these lots are developed, action must be taken to ensure that the density will not exceed this requirement. The lots will also have to meet the RSF-1 minimum lot requirement of 10,000 square feet. (B) Single family residences is authorized under the RSF-1 Zoning District. (See Section 90-102 (1)) (C) Single family uses will not adversely affect the public interest. (D) The proposed use and zoning is appropriate for this location and is not detrimental to urbanizing land use patterns. (E) The proposed use will not be a deterrent to the improvement of adjacent properties, nor will it adversely affect property value or living conditions. (F) If necessary, site plan requirements can help to reduce any impacts on the neighborhood. (G) The proposed use for the subject property is expected to impact schools and roads, but utility providers and public facilities should not be overburdened. (H) As stated earlier, development of this property could allow for up to 62 units. The applicants may be required to submit a traffic analysis to show any impacts on the local streets. Staff is not aware of any flooding or drainage problems on the site. If any such issues exist, the Building Official will evaluate them before issuing a Certificate of Occupancy. (1) The proposed use should be able to develop within the existing code requirements. (J) The proposed RSF-1 zoning change will not grant any special privileges to the owner. /: c) Vote on motion. VOTE KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION DENI .-S F d / . i 14, 1�IC t •, r 1.�,'� 1 t ' � d�, J.1! �t.:� ,' d-V-t_ t i�/�1� �1' .�x�✓�x'..-'(.��; ! �X_IZ�'�-t�'y(., Zat l Page -8- - C.1 a) Council Member moved to read by title only and set January 3, 2006 as a final ate public hearing dfo roposed Ordinance No. 922 regarding Rezoning Petition No. 05-014-R, submitted by Gerald Lefebvre to rezone Lots 10-12 of Block 40, 111 Addition to South Okeechobee from RSF-1 CPO - City Planning Consultant (Exhibit-5); seconded by Council Member b) Vote on motion to read by title only and set final public hearing date. ..._...... __ ... VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER _MARKHAM WATFORD L. WILLIAMS - MOTION: DENIEDLRRIED. c) Attorney Cook to read proposed Ordinance No. 922 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 COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT; -AMENDING -THE ZONING MAP ACCORDINGL Y; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN _ EFFECTIVE DATE.„ 2. a) Council Member moved to a prove the first reading of proposed Ordinance No. 922; seconded by Council Member w __ b) _. Discussion. -- -- This Ordinance amends the Zoning designation on Lots 10-12 of Block 40, 1s` Addition to Souttr Okeechobee, for vacant property located in the 1900 Block of Southwest 2"d Avenueat 42 SC 22q-c+ from - SF-1 to CPO. The application was submitted by -Phillip Berger on -behalf of property owner Gerald Lefebvre. The Planning Staff and Planning Board are recommending approval based onthefollowing criteria: Planning Staff Report Analysis: (A) The proposed zoning and use is not contrary to the Comprehensive Plan requirements. Commercial uses are described as being offices, retail, automotive, wholesale and other related activities in the Comprehensive Plan. The applicant's request is consistent with the Commercial Future Land Use Category. (B) Section 20-222 (1) lists -professional office, business office and medical office as permitted uses. The applicants intend to use the property as an office building and - this is consistent with said Section. (C) The proposed CPO zoning and its accompanying use will not adversely_ affect_ the public interest. __(D) This use and_zoningis-appropriate_for this location and -is very - ----- compatible with the surrounding existing uses. (E) The proposed use and zoning will not adversely affect -- property values or -living conditions in the area. The proposed use will encourage other undeveloped -lots to be improved. (F) The proposed use can be buffered and will have to meet City Code requirements for srte design, landscapirTg and -buffering: (Gy-The proposed use is commercial so density is not -an -issue. The proposed use will be within a location designed to accommodate such uses. (H) _The proposed use will not create an inordinate amount of traffic nor will it create flooding or drainage problems. (1) The proposer use should be able to develop within -Code requirements and will notbe burdenedby- unnecessary restrictions. (J) By granting this request, the City will not be conferring any special privileges to the -owner. = -- i - c) -- Vote on motlor% - - - VOTE _ -KIRK - CHANDLER_ MARKHAM - WATFORD_ L. WILLIAMS __ _ MOTION: DENIED/ RIED.__ E Page -9- r D.1. a) council Member 2 moved to read by title only and set January 3, 2006 as a final public hearing date f& proposed Ordinance No. 923, amendments to the Code Book, Land Development Regulations Seption 90-573 Murals - City Planning Consultant (Exhibit 6); seconded by Council Member b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER J MARKHAM ; WATFORD L. WILLIAMS MOTION: DENIE CARRIED. c) Attorney Cook to read proposed Ordinance No. 923 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING DIVISION FIVE SECTION 90-561 AND ADDING SECTION 90-573, REGARDING COMMERCIAL MURALS PROVIDING FOR REGULATION AND PERMITTING THEREOF, DESIGNATING PERMITTED ZONING DISTRICTS; PROVIDING AN EFFECTIVE DATE." 2. a) Council Member moved to approve the first reading of proposed Ordinance No. 923; seconded by Council Member %v b) Discussion. r ct- ra 64 j �i" L�l `LA,,(a-<i,14i-ev �., iz-ta.Lk- c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLE, MARKHAN WATFORD L. WILLIA1 MOTION: _ Page -10- E. Council Member r-�� =� moved to reappoint Jerry O'Bannon as a Trustee to the City/ QUA General Employees Pension Fund Board, term ending December 31, 2007-- City Clerk; seconded by Council Member r � 1 = � G-_ ._ ,�� y �F-� � ✓vl� ' f�._ / � k""_a-F, `- - �- (" �� ;_. . L` t, f�i--E;_. lit t. r;� - Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER _MARKHAM WATFORD _ L. WILLIAMS MOTION: DENIED RRIED. F. Council Member ti L,) moved to ratify the_ reappointment of Jamie Mullis as a Trustee to the City/OUA General Employees Pension Find Bo term ending December 31, 2007 - City Clerk; seconded by Council -Member Vote on motion. VOTE- YEA NAY_ ABSTAIN ABSENT KIRK CHANDLER MAR KHAM - WATFORD _ L. WILLIAMS _ MOTION: DENT D/CARRIED. • 0 Page -11 - G. Discuss the flooding issue in the Southwest section of the City - Eddie Trent and Zella Kirk. ttt ,� �Z✓[]i ' f �,G` +� Lc�� L.!{'�1U /f,�Ct��,�„ �vLr�-�'�,1,_��-j f �L ��' lL'I�.-. � . �� Z� LV - %l- EiT�� "�l`�Q � L (v's �y : � ,C-��G•�' �"' C,L, iL�t..�f�C. � cL iE` , J , < y � T , �t �LucMI, 41L (` / r f , , .3 if 1. J Cl 1:. t t � _ l � �y7 �� { Icy✓ / -' /gig -71 J n , / C J fJ r.7- J - - _ Page -12- H. Consider a request for mobile vending carts within the City - George Dupont. i14A 0 i c l� 3 a ooatv 3 Jzt - >_ �t-c �.j- �, ��✓a +... t�� .� a� � {c �.�1 � � ,tip: ��'��_ � .�-� �u �.�� . I. Consider the` approval of the Fdbruary 27, 2006 cut-off for tr„ 2006 Comprehensive 4n Cycle - City Planning onsultan{ (Exhibit 7). y - ' t/1j `" � �✓(i�� ( - �LL tf � r .�` � ice.. � �r t--��.- - , v/ Vote on VOTE YEA NAY ABSTAIN --ABSENT - KIRK - - CHANDLER MARKHAM_- WATFORD L.--WILLIAMS - - - - MOTION: DENIED/ - • • Page -13- J. Council Member �t-� �` L moved to approve a dump truck bid proposal in the amount of forty-five thousand, sixty-seven dollars ($45,067.00), submitted �eechobee Motor Company -Public Works Director (Exhibit 8); seconded by Council Member2/c- '.Y.� Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED ARRIED. K. Council Member I"'rl moved to approve a recommendation from the Code Board to start foreclosure proceedings on Geraldine Bertram, property located at 517 NW 15" Street (Exhibit 9); seconded by Council Member (r This property had been cited with Chapter 30 Sec 30-43 Public Nuisances. Code Officer Sterling testified at the November 8, 2005 Code Enforcement Board Meeting that the mobile home had been demolished but the debris had not been removed and he had received several complaints from neighbors who were worried about the debris causing damage to their property. c� ' Lc i-V 4j, % ! / 7L' =- I i l ` / it t E2 !{.1�-y,(,�.:Ul' : t �� /��i.��(',lti � '��L.�u.a.J �.t/..✓ �,+�ru �.€'-.� )� t l � ��`z 1 ! _i r�l�/!l_l!`f_��G'�'-zf= ak) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENI /CARRIED. - Page -14- L Council Member moved to approve a DCA Technical Assistance Grant in developing a capital _improv � ment facet of the Cit 's Comprehensive Plan - City Administrator (Exhibit 10); seconded by Council Member Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L.-WILLIAMS MOTION: DENIE LARRIE�D M. Council MemberU1,�ij-d-UL moved to approve a.Disaster Relief Funding Agreement for Federal and State assistance for Hurricane Wilma disaster relief - City Administrator (Exhibit 11);_seconded by Council Member -' 1-41 •vt�`�;.,`+.j� � �``k� 1/l(� ��Ci`,%"t/it� � C"'� `i_fn'tL.�*� I,�: i'- . Vote on motion. VOTE YEA NAY _ ABSTAIN __ABSENT __ _ KIRK CHANDLER MARKHAM _ WATFORD L. WILLIAMS _ -MOTION- DENIED ARRIED __ N. At 0_ p.m. the Mayor called the regular meeting to recess. Those only to remain in the room are -Mayor Kirk, Council Members Chandler, Markham, Watford and-WHIiams, Administrator Whitehall, Attorney Cook and a Court Reporter. The discussion will be confined to settlement negotiattonsor strategiesfeiatingto litigation-expenditures-conceming the pending lawsuit with Governmental Risk Insurance Trust (GRIT). 0. The Court reporter's transcript will be made part of the -public record_upon conclusion of the litigation. All transcripts are filed in the Office of the City Clerk. Mayor Kirk closed the Executive Session and reconvened the regular session at - - - -p.m,- _ _ Xl. --MAYOR KIRK -ADJOURNED THE --MEETING AT -10 p. m. - __ �, �-'� 1t-�C C' L:� , l t �- v (,,.'.L ill �- � �; / ,c r_,� - .L � ��L�-{� {t • i'�.,_ , l 1 J j- re'�f�� i Lr , 1 is IV. CITY OF OKEECHOBEE DECEMBER 6, 2005 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA CALL TO ORDER - Mayor: December 6, 2005 City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Pastor Al Jaquith, Basinger First Baptist; Pledge of Allegiance led by Mayor. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia 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 PRESENTATIONS AND PROCLAMATIONS. A. Proclaim November 18 - 24, 2005 as "National Farm City Week," V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the November 1, 2005 Regular Meeting. PAGE 1 OF 6 DECEMBER 6, 2005 - CITY COUNCIL AGENDA - PAGE 2 OF 6 M. WARRANT REGISTER - City Administrator. A. Motion to approve the October 2005 Warrant Register. General Fund $484,020.05 Public Facility $ 510.00 CDBG Grant Fund $ 27,605.08 • VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only proposed Ordinance No. 918, regarding Rezoning Petition No. 05-011-R, submitted by Bertha Williams to rezone Lot 3 and the West half of Lot 2 of Block 254, Replat of Blocks 252 to 254, Okeechobee, from CHV to RSF-1- City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 918 by title only. 2.a) Motion to adopt proposed Ordinance No. 918 (Planning Board recommends approval). b) Public comments and discussion. c) Vote on motion. B.1.a) Motion to read by title only proposed Ordinance No. 919 regarding Comprehensive Plan Future Land Use Map Amendment No. 05-012-SSA, submitted by Barry and Valerie Lewis, amending the land use designation of Lots 11-12 of Block 105, Okeechobee, from Single Family to Commercial -City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. DECEMBER 6, 2005 - CITY COUNCIL AGENDA - PAGE 3 OF 6 Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. 13.1.c) City Attorney to read proposed Ordinance No. 919 by title only. 2.a) Motion to adopt proposed Ordinance No.919 (Planning Board recommends approval). • b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. IX. OPEN PUBLIC HEARING FOR CONSIDERATION OF A PLATTED SUBDIVISION - Mayor. AAA Motion to approve the Final Plat for the Revised Plat of Brentwood Estates -City Administrator. b) Public comments and discussion. c) Vote on motion. . CLOSE PUBLIC HEARING FOR PLATTED SUBDIVISION - Mayor. X. NEW BUSINESS. A.1.a) Motion to read by title only and set January 3, 2006 as a final public hearing date for proposed Ordinance No. 920, regarding Rezoning Petition No. 05-012- R, property owners Raul and Kathey Gamiotea, to rezone an unplatted 3-acre parcel of land located in the Southeast section from H to RSF-1- City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only and set public hearing date. c) City Attorney to read proposed Ordinance No. 920. DECEMBER 6, 2005 - CITY COUNCIL AGENDA - PAGE 4 OF 6 X. NEW BUSINESS CONTINUED. A.2.a) Motion to approve the first reading of proposed Ordinance No. 920. b) Discussion. c) Vote on motion. B.1.a) Motion to read by title only and set January 3, 2006 as a final public hearing date for proposed Ordinance No. 921, regarding Rezoning Petition No. 05-013- R, submitted by Devin Maxwell to rezone an unplatted 15.44-acre parcel of land located in the Southwest section from H to RSF-1 - City Planning Consultant (Exhibit 4). b) Vote on motion to read by title only and set public hearing date. c) City Attorney to read proposed Ordinance No. 921. 2.a) Motion to approve the first reading of proposed Ordinance No. 921. b) Discussion. c) Vote on motion. • CA .a) Motion to read by title only and set January 3, 2006 as a final public hearing date for proposed Ordinance No. 922 regarding Rezoning Petition No. 05-014- R, submitted by Gerald Lefebvre to rezone Lots 10 -12 of Block 40, 1"' Addition to South Okeechobee from RSF-1 to CPO - City Planning Consultant (Exhibit 5). b) Vote on motion to read by title only and set public hearing date. c) City Attorney to read proposed Ordinance No. 922. DECEMBER 6, 2005 - Crry COUNCIL AGENDA - PAGE 5 OF 6 X. NEW BUSINESS CONTINUED. C.2.a) Motion to approve the first reading of proposed Ordinance No. 922. b) Discussion. c) Vote on motion. D.1.a) Motion to read by title only and set January 3, 2006 as a final public hearing date for proposed Ordinance No. 923, amendments to the Code Book, Land Development Regulations Section 90-573 Murals - City Planning Consultant (Exhibit 6). 0 b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 923. 2.a) Motion to approve the first reading of proposed Ordinance No. 923. b) Discussion. c) Vote on motion. E. Motion to reappoint Jerry O'Bannon as a Trustee to the City/OUA General Employees Pension Fund Board, term ending December 31, 2007 - City III Clerk. F. Motion to ratify the reappoint of Jamie Mullis as a Trustee to the City/OUA General Employees Pension Fund Board, term ending December 31, 2007 - City Clerk. G. Discuss the flooding issue in the Southwest section of the City - Eddie Trent and Zella Kirk. H. Consider a request for mobile vending carts within the City - George Dupont I. Consider the approval of the February 27, 2006 cut-off for the 2006 Comprehensive Plan Cycle - City Planning Consultant (Exhibit 7). DECEMBER 6, 2005 - Crry COUNCIL AGENDA - PAGE 6 OF E X. NEW BUSINESS CONTINUED. J. Motion to approve a dump truck bid proposal in the amount of $45,067.00, submitted by Okeechobee Motor Company - Public Works Director (Exhibit 8). K. Motion to approve a recommendation from the Code Board to start foreclosure proceedings on Geraldine Bertram, property located at 517 NW 15" Street (Exhibit 9). L. Motion to approve a DCA Technical Assistance Grant in developing a capital improvement facet of the City's Comprehensive Plan - City Administrator (Exhibit 10). • M. Motion to approve a Disaster Relief Funding Agreement for Federal and State assistance for Hurricane Wilma disaster relief - City Administrator (Exhibit 11). • N. Recess from the regular meeting to enter into an Executive Session to discuss pending administrative proceedings concerning Governmental Risk Insurance Trust (GRIT) - Mayor. 0. Motion to close Executive Session and reconvene Open Session - Mayor. XI. 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. a ' 46406' Fforiba � American farmers and ranchers literally help feed the world by producing -a biotin -y '' rddiicts.' To do this, the re on essential partnerships • L, IS y rely partnershi with urban and suburban- com supply,, se// and deliver finished products across the country and around the globe. Rurdrt� `' " cbrili (unities working together have made the most of our nation's rich agricultural resourcese ' contribute to the health and well being of our country and to the strength of our economy; ai�f _• EAS, during National Farm -City Week, we recognize the importance of this cooperative nefiNQrk. •• w ^ ` Agriculture employs more than 24 million workers, including farmers and ranchers, sh1 ers,- �= processors, marketers, retailers, truck drivers, inspectors and others who annually contribute more than $1.3 trillion to our gross domestic product. The agriculture industry provides us with food:and:,. clothing, as well as fuel for our energy needs. And as we welcome new opportunities for trade, the hard work and successful cooperation between farmers and city workers will continue to play_ a vital role in our nation's future; and WHEREAS, Farm -City collaborations help maintain and improve our food and fiber supply and contribute to a better quality oflife for countless citizens. We commend the manyAmericans whose hard work and `" ingenuity, reflect the true spirit of America and help to ensure a prosperous future for all; and WHEREAS, as we gather with family and friends around the Thanksgiving table, it is fitting that we count among our blessings the vital Farm -City partnerships that have done so much to improve the quality �A' of our lives and NOW; THEREFORE,1, James E. Kirk, Mayor of the City of Okeechobee, by virtue of the authority vested in me, •;, do hereby proclaim November 18 - 24, 2005 as Farm -City Week': i call upon citizens in rural and , urban areas to acknowledge and celebrate the achievements of all those who, working together, produce and supply our community and nation with an abundance of agricultural products. in witness whereof I have hereunto sets hand an this seat to be a James Attest: :Xt - one Ga ok� " Date. Dwembey 6� 2oos # e c� EXHIBIT 1 • DECEMBER 6, 2005 ORDINANCE NO. 918 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 SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owners, Percy M. and Bertha L. Williams, of the property more particularly described hereafter, has heretofore filed Petition No. 05-011-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.25 acre(s) from Heavy Commercial (CHV) Zoning District to Residential Single Family -One (RSF-1) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Office for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOT 3 AND THE WEST HALF OF LOT 2 OF BLOCK 254, TOWN OF OKEECHOBEE REPLAT OF BLOCKS 252,253 AND 254, PLAT BOOK 2, PAGE 4, PUBLIC RECORDS 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 (;ommercial (CHV) Zoning District to Residential Single Family -One (RSF-1) Zoning 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 1 ST day of November, 2005. James E. Kirk Mayor ATTEST: Lane Gamiotea, CMC City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 6 1h day of December, 2005. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: • 0 The OKeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, Okeechobee County, Florida-, that the attached copy of adverb ment, being a in the matter of V U in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News r a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertis went for publication in the said newspaper - Sworn a d subscrifore me this "03" t day of A.D. 20 �1I77 Notary Public, State of Florida at Large 2nSVPUO , dplpl�'ll R. Brown ¢_ Commission #DD272118 _ . 0.i Expires: Jan 17, 2008 ��TF,�p Bonded Thru Atlantic Bonding Co., Inc. - sr PUBLIC NOTICE' CONSIDERATION OFAOOPfING - A CITY,OROINANCE PLEASE TAEy, NOTICEUrat tbi;City O;4dlppof the City of Okeechobee; pHHosossnda w t CAy HaTi 4a55 S0 E 3rdbAve ; Okeechobee R conduct soon PUBUC;HEARar ING .o _and at thereafter iD considerTinal reading of the fo8oxiing;Ordinancecmta.lavr N0, 916: AN ORIIINANCE.OF THE CI�YOF OI CNOBEE FLORIDA AMENDING THE FlCIAL ZONING: MAP bF OKEECAOBEHBY'REZONING A, CERTAIN TRACT, OF LAND MORE PARTICULARLY DESCRIBEO,HEREIN FROM HEAVY COMMEN=, CIAL C ZONING DISTRICT-:tO asiDE1ITIAL SINGLE FAMILY -ONE IRSF-11 tow 16 1- .1 T iAMENDING"aTHE ZONING[MAP;ACCORgINGIY; PAOYIDING FOR CONFLICTS;-SEVEWI ANQ ANEFFECTIYE DATE. The ordinance Is regarding Ne ctili g _ApPB�� N' d5-011 Ti. The application is to change the zoningg dnadon flan Heavy,Commeraal (GEAR to Aesfdenbal single amity<Orie (RSF1 for.0p ptoperty'located of 412 Southeast-2nd Sheet Legal descnptiod being- Lpi 3 _ the West i/2 of Lgt2, Block 254. Towd l of okeechobee. Replat of Bladcs:252, 253 and 254 Plat Balk 2, Page 4, Public Records of Okeechobee Courdy, Florida, in said hearing. AN'membeis of the: bbc are;encouraged to attend and participate file proposed Ounce may be Inspected in its entirety by members of the pub- tip,in the Offrceaof the Cittyy.Cle(k dunng iegblar business hours, Mon -Fri, 8' 4:30pm,exceptforhokdays PSE,TAKE NOTICE ANR BE+ADVISED that fi`arrypeisoo denims to appeal any do iim made by the City Cm mcR wdh respect to any matter considered at this suds lirterested'persodTwiB need aTecord of the proceeds, and for rpose""may, need to an a Verbatim'record d the prcceedugs is made, whridrfecord includes the tesdmorry and evidence upon which the appeal is to be ties Yiity Cleik tapesare.for'fhenoli purpose of haritarP for otfidal records pf 11e r in ac Na ice rvitl! foie m¢nciiis wdhprsabikty,Act (AOA)'andaFl06, a Statptes, 286 26, persons;wdh,disab0ities riewitg-sp4ciak acaangiodabon to particpate id this proceedng strouW cordactL" Ganitoteano later than two (2) working days prwr to Ore pproceeding at`863-763.337241 rf.heaiin9 a voice imps red, call Ti3D V 00'222'3448 601S88-447-5620 (TTV):: Lane Gamotea, CMC, C C RK •s 9877E ON 11/23/05 City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: O Petition No. 0 J— 01 `_ Fee Paid: Jurisdiction: 1st Hearing: tat Ins 2nd Hearing: I p 5 Publication Dates: Notices Mailed: Uniform Land Use Application n C.. .mil Ti v..n.,tinn • VarianrP ✓ Name of property owner(s): G A Owner mailing address: 4//$ ,v1:1 A'e e - 9 P; P Name of applicant(s) if other than owner (state relationship): RTfI L / I Applicant mailing address: chi sE 2-" T- 7 C A �tiCr7 f C Name of contact person (state relationship): _ < < .7 N .; T S'A PkF R1 o .e Contact erson daytime hone(s): ` ,. , �, FFLEl2 - g�3 �� 3 79 n2 Fax: ✓ Property address / directions to property: /I s E2r Indicate current use of property: `v Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): Approximate number of acres: Y . Z 7� Is property in a platted subdivision? NO Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: No R 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: NO E; Is a sale subject to this application being granted? NO T. Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Describe adjoining land uses / improvements to the North: - South: r 5 _ East: 1 West. Existing zoning: C N v Future Land Use classification: '�)` @- `aiYl i Actions Requested: (✓) Rezone (_) Special Exception Variance Parcel Identification Number: 3- 2-- - 3.5 — 0 D 2 O — QZ5210 O 30 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. SignatureXl� &4 Prin ed Name_ Date Uniform Land Use Application (rev. 1/03) Page 1 of 2 Current zoning classification: CIVA y Requested zoning classification: �- R ! What is your desired permitted use under the proposed classification: 1Hi Z.1 N If granted, will the new zone be contiguous with a like zone? E' -; Is a Special Exception necessary for your intended use? Variance? W cribe the Special Exception sought: P' C ! Provide specific I DR ordin a citation: A`. L Are there other similar uses in the area? Is so, e E X C. E :j Why would granting your re be in the best interest of the area and rest ? P' TL I es riefly describe nature including number of employees, hours, noise generation and activitiesed 1p outside of a building: escribe Variance sought: V A R "' Describe physical character roperty that makes var' necessary: I A N C Did you cause or contribute to c aracteristic? Is so, describe: E What is th imum variance necessary? Uniform Land Use Application (rev. 1/03) Page 2 of 2 Qy/-3/m-� o,J S14;l Ro �� iy Go Ae �,a't'El- /4/crn fLe,a-so�� Vo ��. AC70 (f,, o-M 0. ,,��c cAc� Sep 30 05 10:06a R&N Williams 8637639672 P.1 Graulce'SS Number 266343WI Gractce SS Number: 261362211 I'arccl Numlxr; J-21-3']-35-9ps'0.4254C-001U . 336 C (Lt..' iy rR f 1 WARRANW DEED This Indenture made this day of duly, 1992, BETWEEN NU. ROOKS, a married man, of 743 S,W. 24th Avenuc, Okeechobee, FL 34974 GRANTOR', ;tncl PERCY M. WILLIAMS and BERTHA L. WILLIAMS, his wife, of 1751 S.W. 34th Tcrraee, Okeechobee, Y"L 34974 GRANTEE', 1W7NrSS.ETH, That said Grantor, for and in consideration of the sum of TEN AND WJ100'3 (41.0.00) Dollars and other good and valuable, considerations to stud grantor in hand paid by said grantee, the receipt .vhcreof is hereby acknowledged, has grunted, bargained and sold to the grantee and grantee's heirs forever Lhe following described lard located in the County of Okeechobee, Statc of Florida, to -wit: LOT 3 AND THE WEST 1 J2 LOT 2, BLOCK 254, TOWN OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 4, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SUBJECT TO RESERVATIONS, RESTRICTIONS AND EASEMENTS OF RECORD, IF ANY. THEABOVE DESCRIBED PROPERTY DOES NOT CONSTITUTE THE HOMESTEAD OF THE GRANTOR. THE GRANTOR RESIDES AT 743 S.W. 24TH AVENUE, OKEECHOBEE, FLORIDA 34974. f1. rr V and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all parsons whomsoever. 'Singular and plural arc interchangeable as context requires, IN W11'NESS "ERCOF, Grantor has hereunto set grantor's hand and seal this day and year first abuyu written. Nt5Sja„ntN.�,. /. D. aril; t7".o. W.I. R O1G5 Wt' NI5SSPdre N.mr1 f CQUM'y OV Okcccilobcc SI'ATi: OV FLOPJDA ']hc foregaing imm umcnt was acknowledged beiom me thIs.J 0 day nr,tuty, IW2 by W-1. ROOKS, o married n,An,w•ho isXxmonafly known to Ile or ( )htu produced ax identification and who ( )diQ�jd not take an oath. f —T V ij4 R�_'nmrn(svion 1',xnirc.sr • • BOUNDARY, LEGAL DESCRIPTION: LOT 3 AND THE WEST 112 OF LOT 2, BLOCK 254, TOWN OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 4, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, CERTIFIED TO MEET FLORIDA MINIMUM TECHNICAL. STANDARDS TO: BERTHA L. WILLIAMS DRAWING FILE NAME 05-193 Thls certification Is made specifically and only to the parties above, for the purpose of obtaining a mortgage on the above described property. This sketch meets the Minimum Technical Standards set forth by the Florida Board of Professional Surveyors and mappers in Chapter 61 G17-6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes " SCALE 1= 40- JOB NUMBER 05-193 FIELD BOOK NUMBER 05-01 FIELD WORK BY Cli. FIELD DATE 09-01-2005 DRAWN BY C.J. PREVIOUS JOB NUMBER PREVIOUS SURVEY DATE NOTES AND REPORT: (P) PLAT (F) FIELD (D) DEED (C) CALCULATED N NORTH E EAST S SOUTH W WEST P.R.M. PERMANENT REFERENCE MONUMENT P.C.P. PERMANENT CONTROL POINT P.C. POINT OF CURVATURE P.T. POINT OF TANGENCY P.I. POINT OF INTERSECTION CONC CONCRETE El FOUND 4"X4" CONCRETE MONUMEN "UNIDENTIFIED" 0 FOUND 5/8" IRON ROD AND CAP "UNIDENTIFIED" ® SET 5/8 IRON ROD AND CAP "PLS 4127" FOUND NAIL AND DISK "UNIDENTIFIED" R/W RIGHT OF WAY LINE CENTERLINE �-- GUY WIRE UTILITY POLE -UTILITY- OVERHEAD UTILITY LINE --'IQ-- LINE NOT TO SCALE ® WATER METER © TELEPHONE RISER 4" WELL ® CABLE TV RISER „ CONCRETE ®ELECTRIC BOX ® COVERED ��/, WOOD DECK 1. BEARINGS BASED ON THE RECORD PLAT OR DEED OF RECORD; SEE SKETCH 2. UNDERGROUND IMPROVEMENTS OR ENCROACHMENTS WERE NOT LOCATED BY THIS SURVEY 3. DESCRIPTION FURNISHED BY THE CLIENT THIS SKETCH IS NOT COMPLETE WITHOUT SHEET 2 OF 2 4. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS, RIGHT OF WAY, OR OWNERSHIP OF RECORD. 5. THIS SKETCH IS NOT VALID UNLESS SIGNED BY THE SURVEYOR IN RESPONSIBLE CHARGE AND SEALED WITH AN EMBOSSED SURVEYOR'S SEAL 6, THIS SURVEY BASED ON THE MONUMENTATION AND OCCUPATION AS FOUND DURING THE COURSE OE, THE FIELD SURVEY, AS CALLED FOR IN THE PARENT DEED. 7. NO ONE OTHER THAN THE ENTITIES NAMED HEREON SHOULD RELY ON THIS SURVEY 8. NO RESPONSIBILITY OR LIABILITY 15 ASSUMED BY THE UNDERSIGNED SURVEYOR FOR ANY OTHER PURPOSE OTHER THAN THAT IS STATED IN THE CERTIFICATION, BUT NOT LIMITED TO, USE OF THIS SURVEY FOR THE PURPOSE OF SURVEY AFFIDAVIT, RESALE OF PROPERTY, OR TO ANY OTHER PERSON NOT LISTED IN THIS CERTIFICATION, EITHER DIRECTLY OR INDIRECTLY. - 9. LINES SHOWN AND LABELED "DEED LINES" ARE THE LINES AS LOCATED FROM THE DEEDS, PLATS, AND OTHER INFORMATION FURNISHED TO THE UNDERSIGNED SURVEYOR BY THE CLIENT AND / OR HIS OR HER AGENTS. 10. ENCROACHMENTS AS SHOWN HEREON ARE ONLY ABOVEGROUND, VISIBLE OBJECTS OBSERVED BY THE UNDER- SIGNED SURVEYOR, NO CERTIFICATION IS MADE OR IMPLIED THAT THOSE OBJECTS LABELLED "ENCROACHMENT" ACTUALLY ENCROACH OR TRESPASS UPON THE OWNERSHIP OF THE SUBJECT PROPERTY, ONLY THAT OBJECTS APPEAR TO ENCROACH OVER THOSE LINES MARKED AND LABELLED "DEED LINES". 11. THE CERTIFICATION AS SHOWN HEREON DOES NOT TAKE INTO CONSIDERATION ANY ADDITIONAL FACTS THAT AN ACCURATE AND CORRECT TITLE SEARCH AND / OR EXAMINATION MIGHT DISCLOSE, INCLUDING, BUT NOT LIMITED TO, DESCRIPTIONS CONTAINED IN DEEDS FOR ADJACENT PROPERTIES. 12, THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. 13. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 14. OFFSETS AS SHOWN HEREON ARE PERPENDICULAR OR RADIAL TO "DEED LINES" AND SHOULD NOT BE USED TO RE-ESTABLISH SAID LINES. WILLIAMS SURVEYING, INC. PROFESSIONAL SURVEYORS AND MAPPERS 11620 S.W. 134ft Court Dunnellon, Florida 34432 Phone (352) 465-0367 Fax (352) 489-0922 CERTIFICATE NO. 0006619 _� f.9/01/05 tarn L. Williams Signature Date Florida Professional Surveyor and Mapper Florida Registration Number 4127 NOT VAUD UNLESS SIGNED AND STAMPED WITH EMBOSSED SEAL JOB NUMBER : 05-193 SURVEY DATE: 09-01 -2005 THIS SKETCH IS NOT COMPLETE WITHOUT SHEET 1 OF 2, INCLUDING NOTES, DESCRIPTION, AND REPORT, SEE SHEET 1 OF 2 FOR LEGEND, SIGNATURE, AND SEAL, R/W — R/W GRAPHIC SCAM 40 0 20 40 80 ( IN FEET ) 1 inch = 40 ft. MICANOPEE STREET (plat) S. E. 5th AVENUE (field) ` y (20' PAVEMENT) 70' RIGHT OF WAY PERMANENT CONTROL POINT BLOCK CORNER FOUND 1 /2" IRON PIPE "UNIDENTIFIED" S00'05' 40" W 14 2, 50' (P) R /W d o o LOT 1 I �,. 8 Q LOT 12 .� 4 I z r a BLOCK 254 0 o BLOCK 254 1I-� <C a < 500'05'40"W 142.50'(P) � �.. d a NORTH 1 2 017i��iii%%%��ii�77 ^ FOUND 5/8" IRON `�` o g/ /NOT INCLUDED)% ROD AND CAP N� LOT 2 BLOCK 259 /o 'P,L,S. 4127" SOO*05'40' W/142.50' P & F i " LOT 11 WATER METER ^ 0 ^ f Li o 6' CHAIN LINK g V- IN BLOCK 254 E'I O `� q FENCE IS 0,3' WEST, SOUTH 1/2 OF " o N FOUND O FOUND 1/2" IRON PIPE LOT 2 BLOCK 254 IRON PIPE cu'v O "UNIDENTIFIED" "UNIDENTIFIED" I� 500'05'40"W 142,50'(P) 43.70' w W 2" IRRIGATION WELL 6' CHAIN LINK LOT 10 W m p LOT 3 FENCE IS 0.3' NORTH, O Jv Aj W o BLOCK 254 o b BLOCK 254I rr^^ Z p $ o 0 v� Q 6' CHAIN LINK FENCE IS 0.3' EAST, m z Z N00'05'40"E 142.50'(P)&(F) FOUND 5/8" IRON FOUND 5/8" IRON +� R/w 4 ROD AND CAP LOT 4 ROD AND CAP a a "P,LS, 4127" P.L,S, 4127" .o LOT 9 CD BLOCK 254 BLOCK 254 N W SOO'05'40"W 142,50'(P) N �_ Q R/W SHFFT 2 OF 2 • • 1375 JaAWn Street, Suite 206 Fort M}, Florida 33901-2845 : Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(aatt.net Applicant/Owner: Bertha Williams From: CHV To: RSF-I Petition No. 05-011 R Staff Report Rezoning Request .,pplicant: Bertha L. Williams Petition No.: 05-011-R Applicant/Owner: Bertha L. Williams Applicant Address: 412 SE 2 nd Street Okeechobee, FL 34974 Applicant Phone Number: 863-763-7922 (Business) Contact Person Robert Williams Future Land Use Map Classification Existing Single -Family Proposed Same Zoning District CHV RSF-1 Use of Property Vacant Single Family Residence Acreage .25 Access SE 2nd Street Location: 412 SE 2nd Street Legal Description: LOT 3 AND THE WEST V2 OF LOT 2, BLOCK 254, TOWN OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 4, PUBLIC REC ORDS OF OKEECHOBEE COUNTY, FLORIDA. Request: I The applicant is requesting to change the existing zoning of CHV to RSF-1 in order to construct a single family home on the property Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Commercial Zoning District: RSF-1 and RMF Existing Land Use: American Legion Post East: Future Land Use Map Classification: Multi Family Zoning District: RMF Existing Land Use: FPL Substation South: Future Land Use Map Classification: Multi -Family Zoning District: RMF Staff Report Rezoning Request Opplicant: Bertha L. Williams Petition No.: 05-011-R Existing Land Use: Residences West: Future Land Use Map Classification: Multi -Family Zoning District: RMF Existing Land Use: American Legion Parking The Subject property is zoned CHV on the Official Zoning Map. The Single Family Future Land Use Category provides guidance as to what is considered appropriate development for the property. This request is consistent with the Single Family Category and would bring the zoning into compliance if granted. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. No, the proposed Single Family residence and RSF-1 zoning is not contrary to the Single -Family Future Land Use requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes, Single Family homes are allowed under Section 90-12 (1) of the Land Development Code. 3. The proposed use will not have an adverse effect on the public interest. No, the Single Family use will not adversely affect the public interest. In fact, this request for RSF-1 is more compatible than the current CHV zoning. 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, the proposed use is appropriate for the location and is compatible with surrounding uses. 2 Staff Report Rezoning Request Applicant: Bertha L. Williams Petition No.: 05-011-R 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 adversely affect the property values or living conditions. 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 Yes, this can be suitably buffered from the surrounding areas. However, it is not required for such a low impact use. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No, the single family use will not overburden public facilities. 8. The proposed use will not create traffic congestion, .flooding or drainage problems, or otherwise affect public safety. Naturally, the proposed RSF-1 zoning will be less intense than the current CHV zoning. As such, it appears that traffic, flooding or drainage will not be a problem. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the only restrictions imposed on the property are those set forth in 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. No special privileges will be granted to the owners that would contrast with the public welfare. Summary and Conclusions Prior to Certification 1 The proposed rezoning from CHV to RSF-1 is compatible with the surrounding uses and consistent with the Single Family Future Land Use Category. 3 0 Staff Report Applicant: Bertha L. Williams Rezoning Request Petition No.: 05-011-R Recommendation Staff recommends approval of the request to allow rezoning from CHV to RSF-1 permitting the applicant to construct a single family home on the subject property. Submitted by: James G. LaRue, AICP Planning Consultant October 2005 4 October 2005 - Planning Board - Page 2 of 3 IV. NEW BUSINESS. A. Rezoning Petition No. 05-011-R. Consider a recommendation to the City Council to rezone Lot 3 and the West lh of Lot 2, Block 254, Town of Okeechobee, from Heavy Commercial (CHV) to Residential Single Family - One (RSF-1). The subject property is located at 412 SE 2nd Street. The property owner and applicant is Bertha Williams. • • Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: The Subject property is zoned CHV on the Official Zoning Map. The Single Family Future Land Use Category provides guidance as to what is considered appropriate development for the property. This request is consistent with the Single Family Category and would bring the zoning into compliance if granted. Planning Staff Report Analysis: (1) The proposed Single Family residence and RSF-1 zoning is not contrary to the Single -Family Future Land Use requirements. (2) Single Family homes are allowed under Section 90-12 (1) of the Land Development Code. (3) The Single Family use will not adversely affect the public interest. In fact, this request for RSF-1 is more compatible than the current CHV zoning. (4) The proposed use is appropriate for the location and is compatible with surrounding uses. (5) The proposed use and zoning will not adversely affect the property values or living conditions. (6) This can be suitably buffered from the surrounding areas. However, it is not required for such a low impact use. (7) The single family use will not overburden public facilities. (8) Naturally, the proposed RSF-1 zoning will be less intense than the current CHV zoning. As such, it appears that traffic, flooding or drainage will not be a problem. (9) The only restrictions imposed on the property are those set forth in the Comprehensive Plan and the Land Development Code. (10) No special privileges will be granted to the owners that would contrast with the public welfare. Planning Staff Report Summary and Conclusions Prior to Certification: The proposed rezoning from CHV to RSF-1 is compatible with the surrounding uses and consistent with the Single Family Future Land Use Category. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from CHV to RSF-1 permitting the applicant to construct a single family home on the subject property. There were no pubic comments, nor any discussion from the Board. IV. NEW BUSINESS, CONTINUED. A. Rezoning Petition No. 05-011-R, continued. V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. William Ledferd, Chairperson ATTEST: Katrina Cook, Secretary October 2005 - Planning Board - Page 3 of 3 Board Member McCoy motioned to recommend to City Council to approve Rezoning Petition 05- 011-R, changing the zoning from Heavy Commercial (CHV) to Residential Single Family -One (RSF-1); seconded by Board Member Hoover. VOTE BURROUGHS - YEA HOOVER - YEA LEDFERD - YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 6:35 p.m. • EXHIBIT 2 DECEMBER 6, 2005 ORDINANCE NO. 919 AN ORDINANCE OFTHE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM 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. 05-012-SSA, submitted by Barry and Valerie Lewis) for a small-scale amendment to the Future Land Use Element of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Land Planning Agency at a duly advertised meeting, and submitted by staff report, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, that: SECTION 1. SHORT TITLE. This Ordinance shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. The following described land consisting of approximately 0.321 acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 05-012-SSA, from Single Family to Commercial. The Page 1 of 2 Legal Description of Subject Property is as follows: LOTS 11 AND 12 OF BLOCK 105, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF IN PLAT BOOK 5, PAGE 5, OF THE 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. 859 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 6T" day of December, 2005. ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the 6t" day of December, 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 The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is publisher of the Okeechobee - News, a DAILY Newspaper published at Okeechobee in pBLle;wotleE Okeechobee County, Florida; that the attached co of advertise CONSI�ERATIOR OFAODPTIN6 men beinga copy a ACRi DNDINANCE t' ,"j� yC� thACNAaS rOe)�feIrN-fAoN:iCoOErTWOCPLbSy�Ndfgrt�iaEnaCl hlO[ieElIafta�BeYE6o6eeFLcbwI,.rtleehbee, Florida lorida w7odon�HDecmbe6 2005 a'V6 0W.morrthereafterpible; ;$,SE 3ftAa PUPrJq HlEARRNGon an all, ihfb�D6nn&Icento awNOr9Y! OwachoelgWAMENOINGIREerr OF OKEEECJfOBEE$ObIPNE1IESIMPEANiORDINAifCf p10 635 AS AMENDEt ( 1y d 4 � j 87� IEVISING THE FUTURE tAti0cU�4E j-gyp ON CERTAIN �AAC& OF tANI `f`h10REef'AR7ICULARLY�ESCRIBEDMEREiM R(PSWOU' AMILY,(SF)-TI COl1iMERC111LaC)'PIIOVIUING4 MC USN)H tlFURDINANCI AND REY(SEI FUTURE LAND E MAp IN 7HE COMPRERENWhLAN PROVIDING FOR AI in the matter of EFFECTIVE DATE The ordmance^is mgardag SmM Scalb Comp[ahenstve"Pllar fibre janA Use Appli J� caBatNo '05-012 SSA suMnlBed by properll owes,,Barryand Valerie:tswis The request �s:Xo change thefvfuje Land Use deslgnalim from Sltgle Fairi(ly (SF y to CommerGi2L ( for props loca%d at 402,N0r0hWest'4th S7eeLLebal' de srxrpbpn b�irg 11 and t ofBbck 10$ Cdy bf. keechobee Plat Book 5 5) Pubflc Records Oke�diobee Courtly fWnda and is appro)dmafety 0.321 tiers oFthe�ubyc are aicouragad ta:atteril and,parbrapate in said hearing in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of .3312:05; if hearing or voiee impaired, U 447-5620 (fTY). Affiant further says that the said Okeechobee News is; I' a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the fast publication of the attached copy of advertisement and affiant " further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advert ment for publication in thesaid newspaper. Swom o a subscribEsl%before me this cJC'}} C) " `� 1 ca day of A.D. 20 0 � Y' Karmen R. Brown Notary kblic, State of Florida at Large _ * * _ Commission #DD27211 R N;- = Expires: Jan 17, 2008 9 0= Bonded Thru Atlantic Bonding Co., Inc. 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: 1 Petition No.. - 1 a, - S S Fee Paid: rD 00 'Q-0 Jurisdiction: cc 1st Hearing: 2ndHearing: la. U 105 A''^�t Publication Dates: �� O ag W�GL 1/ CL Notices Mailed: Comprehensive Plan Map Amendment Application Please Check One: _ Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) ✓ I Name of property owner(s): le II,e e I• s A P; Owner mailing address: ex, P Name of applicant(s) if other than owner (state relationship): L_ I c Applicant mailing address: A N ; Name of contact person (state relationship): nrContact person daytime hone(s): -26, Fax: G 7- 30 5-D ✓ Property address / directions to property: p IV60C� Parcel Identification Number: Size of the Property (in acres): 2 l`� a Current Zoning Designation:v P R Current Future Land Use Designation: O P Existinge Use of the Property: E Proposed Future Land Use Designation: R' T Proposed Use of the Property: Y Description of Surrounding Properties: Legal Description ofthe Property (Lengthy Description May be Attached): Uniform Land Use Application (rev. 12/03) Page 1 of 2 ✓ Confirmation of Information Accuracy - I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. Signature Printed Name Date Uniform Land Use Application (rev. 12/03) Page 2 of 2 • • Barry and Valerie Lewis 435 SW 30th Terrace Okeechobee, Florida 34974 October 14, 2005 Re: Comprehensive Plan Map Amendment Application City of Okeechobee: The enclosed application for comprehensive plan map amendment application is to allow for the operation of a certified public accounting office at 402 NW 4th Street. Thank you for your consideration. Valerie Lewis D_SearchResults Pagel of 2 Okeechobee County Property Appraiser Last Updated: 8/22/2005 Parcel ID: 3-15-37-35-0010-01050-0110 Owner & Property Info Owner's Name LEWIS BARRY & VALERIE Site Address 402 NW 4TH ST, Okeechobee Mailing Address 435 SW 30TH TERRACE OKEECHOBEE, FL 34974 Brief Legal CITY OF OKEECHOBEE LOTS 11 & 12 BLOCK 105 Use Desc. (code) SINGLE FAM (000100) Neighborhood 518655.00 Tax District 50 UD Codes IMarket Area 170 Total Land Area 0.321 ACRES Property & Assessment Values Mkt Land Value cnt: (1) $60,000.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (1) $58,706.00 XFOB Value cnt: (4) $1,664.00 Total Appraised Value $120,370.00 Sales History 2005 Proposed Values Property Card GIS Map Print « Prev Search Result: 3 of 3 Just Value $120,370.00 Class Value $0.00 Assessed Value $120,370.00 Exempt Value $0.00 Total Taxable Value $120,370.00 Sale Date Book/Page Inst. Type Sale Vlmp Sale Qua[ Sale RCode Sale Price 1/14/2005 551/597 WD I Q $240,000.00 3/1/1994 353/1305 WD I U 03 $0.00 5/1/1981 0/0 QC V Q $100.00 Building Characteristics Bldg Item I Bldg Desc Year Bit Heated S.F. Actual S.F. Bldg Value 1 I SINGLE FAM (000100) 1 1981 1416 1928 $58,706.00 Extra Features & Out Buildings Code Desc Year Bit Value Units Dims Condition (% Good) CONC A <5000 SLAB 1983 $462.00 500.000 50 x 10 x 0 PD (70.00) ACA W4 AL CONC AL 1991 $505.00 100.000 lox 10 x 0 PD (50.00) FENC 1 4'C/LINK 1988 $647.00 240.000 0 x 0 x 0 PD (70.00) CONC A I <5000 SLAB 1 2004 $50.00 1 54.000 0 x 0 x 0 PD (70.00) Land Breakdown Lnd Code I Desc IUnits I Adjustments Eff Rate Lnd Value 067NP8 I NO SIDE ST (MKT) 1 100.000 FF - (.321AC) 1 1.00/1.00/1.00/1.00 $600.00 $60,000.00 Okeechobee County Property Appraiser « Prev Search Result: 3 of 3 Last Updated: 8/22/2005 littp://www.okeecliobeepa.com/GIS/D_SearchResults.asp 9/1/2005 LOT 3 LOT 2 LOT 1 BLOCK 105 BLOCK 105 BLOCK 105 D \� r m pE2NCE CORNER FENCE S CORNER02 W 0.4' E 100.001om FOUND 5 8" �90 5 0' so. 0' IRON ROD 3' � 9' x 12' It/CO PADET o c �0 12 BLOCK 105 BLOOCK 05 LOT 10 1 BLOCK 105 c i 0 1 FENCE CORNER 0,3' E 9.9, FOUND 5/8" IRON ROD 3' X 3.7' CONCRETE VSCREENERCH o 60.0' ONE STORY RESIDENCE - X — FENCE - CORNER 0.3' W ' rj 2 PORCH ( 90 2 oCONCRETE WALK o M 50,00' ' J 10, 100.00, CONCRETE DRIVE I) 5' CONCRETE WALK '`-2' CURB & Ln GUTTER I C/L NW 4th STREET 100' R/W (TENTH AVENUE(P) I FOUND 5/8" IRON ROD 0_ w I z W w z¢ I y w I`-' d� � 1' � 3 0 35' _ 35' FOUND 5/8" IRON ROD ASPHALT SCALE 1 930' ' I LEGEND C/L : CENTERLINE R/W RIGHT OF WAY I R - IUS RAD - ARC LENGTH DESCRIPTION' BARRY LEWIS & VALERIE LEWIS FIRST BANK OF INDIANTOWN, ITS o'- DELTA ANGLE OU - OVERHEAD UTILITIES D : DESCRIPTION SUCCESSORS AND/OR ASSIGNS P .PUT LOTS 11 AND 12 OF BLOCK 105, OKEECH❑BEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT AS THEIR INTEREST MAY APPEAR CONELY & CONELY, P.A. M - MEASURED - /-� O��HE'�D unLmEs BOOK 5, PAGE 5,. PUBLIC RECORDS OF ❑KEECH❑BEE COUNTY, FLORIDA. CHICAGO TITLE INSURANCE COMPANY Ems•- �D POWER POLE CHISELS & MCCALL �W•'I�� x 20.00 EXISTING ELEVATION NOTES' WM PK/D NAIL AND DISK NOTES: 1.) NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. 1,) PARCEL SUBJECT TO ALL EASEMENTS, 2.) THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RESERVATIONS, AND RIGHTS OF WAY. RESTRICTIONS, RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2.) PARCEL CONTAINS: 14,000 SQUARE FEET OR 0.32 ACRES MORE OR LESS. 3.) STREET ADDRESS: 402 NW 4th STREET 3.) ONLY VISIBLE ENCROACHMENTS AND IMPROVEMENTS, IF ANY, ARE SHOWN 4.) ALL LOT DIMENSIONS ARE PLAT AND MEASURED, UNLESS OTHERWISE HEREON, UNLESS OTHERWISE NOTED. NOTED. 5.) ELEVATIONS SHOWN HEREON ARE BASED ON NATIONAL GEODETIC 4.) DESCRIPTION FURNISHED BY CLIENT. VERTICAL DATUM OF 1929 (N.G.V.D. 29). MAP OF-�BOUNDARY SURVEY 6.) PROPOSED SITE PLAN SUBJECT TO APPROVAL BY GOVERNING AGENCIES. MIXON LAND SURVEYING, INC. 311 WEST INDIANTOWN ROAD, SUITE 3 f I WARD A. MIXON JUPITER, FLORIDA 33458 MAND SURVEYING, INC. (561) 747-6046 PSIONAL LAND SURVEYOR CERTIFICATE NO. LB 4199 STATE OF A CERTIFICATE NO. LS 3335 JOB NO. 04-276 1 CARD FILE:04-276 SURVEY DATE:12/30/04 SHEET 1 OF 1 • 1375 Jack Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(cDatt.net Stiff Report —Small Scale Comprehensive Plan Amendment Prepared for: The City of Okeechobee Applicant: Barry & Valerie Lewis Petition No. 05-012-SSA • • Staff Report Small -Scale Comprehensive Plan Amendment General Information - Applicant: Barry & Valerie Lewis Petition No. 05-012 SSA Applicant & Owner: Barry & Valerie Lewis Applicant Address: 435 SW 30th Terrace Okeechobee, F134974 Applicant Phone Number: 863-763-0500 Applicant Fax Number: 863-467-3050 Existino Parcel ID # Proposed 3-15-37-35-0010-01050-0110 Future Land Use Map Classification Single Family Commercial Zoning District CPO No Changes Use of Property Vacant Residential Commercial Acreage .321 .321 Access 4th Street Location: 402 NW 4th Street Legal Description: LOTS 11 AND 12 OF BLOCK 105, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA Request: I The matter for consideration is for an amendment to the City's Future Land Use Map previously adopted from Single Family to Commercial, to allow the existing structure to be used as an accounting office. Based on the size of the property (0.321 acres), the application qualifies under chapter 163, of the Florida Statutes as a small scale amendment to the Comprehensive 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: Commercial CPO Office Building Commercial & Single Family CPO Offices South: Future Land Use Map Classification: Single Family & Public Facilities Zoning District: CPO & Public Use Existing Land Use: County & Office Buildings West: Future Land Use Map Classification: Single Family Zoning District: CPO Staff Report Applicant: Barry & Valerie Lewis Small -Scale Comprehensive Plan Amendment Petition No. 05-012 SSA Existing Land Use: Offices The subject property is currently designated Single Family and is within the Commercial Professional Office (CPO) Zoning District. The Single Family Future Land Use category allows residential uses up to 4 dwelling units per acre, whereas the proposed Commercial designation allows office and commercial activities such as that being proposed by the applicants. Presently, there are professional office uses along NW 4th Street and NW 4th Avenue and this request would be in line with those surrounding uses. Additionally, this request, if granted, would bring the zoning into compliance with the land use. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. Policy 2.1 (c) describes the permitted uses allowed in areas designated as Commercial as being offices, retail, automotive whole sale and related commercial activities. The applicants request for an accounting office is equivalent to the uses allowed by the Comprehensive Plan. B. Concurrency of Adequate Public Facilities Because the property is developed it is reasonable to assert that public utilities and sanitation are available to the site. Transportation impacts would be minimal and traffic congestion is not anticipated. C. Compatibility with Adjacent and Nearby Land Uses As stated earlier, the proposed land use change is compatible with adjacent and nearby land uses. Although several lots in the area have a Single Family Future Land Use, Commercial uses appear to be the more dominant current existing land use. D. Compliance with Specific Standards of the Plan. The Comprehensive Plan Goals and Policies as they are intended would allow for an Amendment to the FLUM. Therefore, the purposed change is consistent and would provide a link to the existing proposed use and the existing zoning on the subject property. 2 • Staff Report Small -Scale Comprehensive Plan Amendment Applicant: Barry & Valerie Lewis Petition No. 05-012 SSA Based upon the Comprehensive Plan, its goals, objectives, and policies, the location of this property, and due consideration of the adjacent land uses, it is recommended that the application be approved as it is consistent with the Comprehensive Plan Maps or Diagrams Submitted by: James G. LaRue, AICP November, 2005 November 15, 2005 - Land Planning Agency - Page 2 of 4 IV. New Business. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05-012-SSA. Consider a recommendation to the City Council, to change the land use designation for Lots 11 and 12, Block 105, City of Okeechobee, from Single Family to Commercial. The subject property is located at 402 NW 4th Street . The property owners and applicants are Barry and Valerie Lewis. • Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: The subject property is currently designated Single Family and is within the Commercial Professional Office (CPO) Zoning District. The Single Family Future Land Use category allows residential uses up to 4 dwelling units per acre, whereas the proposed Commercial designation allows office and commercial activities such as that being proposed by the applicants. Presently, there are professional office uses along NW 4th Street and NW 4th Avenue and this request would be in line with those surrounding uses. Additionally, this request, if granted, would bring the zoning into compliance with the land use. Planning Staff Report Comprehensive Plan Analysis: (A) Policy 2.1(c) describes the permitted uses allowed in areas designated as Commercial as being offices, retail, automotive whole sale and related commercial activities. The applicants request for an accounting office is equivalent to the uses allowed by the Comprehensive Plan. (B) Because the property is developed it is reasonable to assert that public utilities and sanitation are available to the site. Transportation impacts would be minimal and traffic congestion is not anticipated. (C) As stated earlier, the proposed land use change is compatible with adjacent and nearby land uses. Although several lots in the area have a Single Family Future Land Use, Commercial uses appear to be the more dominant current existing land use. (D) The Comprehensive Plan Goals and Policies as they are intended would allow for an Amendment to the FLUM. Therefore, the purposed change is consistent and would provide a link to the existing proposed use and the existing zoning on the subject property. Planning Staff Report Analysis and Conclusions: Based upon the Comprehensive Plan, its goals, objectives, and policies, the location of this property, and due consideration of the adjacent land uses, it is recommended that the application be approved as it is consistent with the Comprehensive Plan There was no public comment, nor any Agency discussion. Agency Member McCoy motioned to recommend to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application 05-012-SSA, to change the land use designation from Single Family to Commercial; seconded by Agency Member Whidden. November 15, 2005 - Land - Paee 3 of 4 IV. New Business, continued. A. Comprehensive Plan, Future Land Use Map Amendment Application No 05-012-SSA, continued. B. Consider amending Section 90, Division 5, Signs, of the City of Okeechobee Land Development Regulations specifically regarding Commercial and Industrial Sign Regulations. This item was previously considered at the October 25, 2005 Land Planning Agency Meeting - City Attorney. VOTE BURROUGHS-YEA JOHNS - YEA KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. In Attorney Cook's absence, Jim LaRue, City Planning Consultant, briefly described the proposed amendment. Agency Member Ledferd questioned the consequences of a mural being over 100 square feet. Jim LaRue, City Planning Consultant, explained that a variance would be necessary for a mural to exceed the 100 square foot maximum size. Agency Member Burroughs questioned whether color requirements should be included in the language. He also noted a typo on line 3, it should state "shall be developed." There were no public comment, nor any further Agency discussion. Agency Member McCoy motioned to recommend to City Council to amend Section 90, Division 5, Signs, of the City of Okeechobee Land Development Regulations specifically regarding Commercial and Industrial Sign Regulations with the above noted correction; seconded by Agency Member Whidden. JOHN D. CASSELS, JR. LAURA ANN WCALL LAW OFFICE OF CASSELS & McCALL �✓Pj2 c't4� P. O. BOX 968 • 400 NW 2nd STREET • OKEECHOBEE, FL 34973 • TELEPHONE 863-763-3131 • FAX 863-763-1031 • E-MAIL mail@legal-one.com December 6, 2005 Honorable James E. Kirk Mayor of City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, Florida 34974 Re: Brentwood Estates Dear Mr. Kirk: Please be advised that this firm represents Michael and Angela Armstrong who are the owners of Lot 1 of Brentwood Estates. It is my understanding from Mrs. Armstrong that there is an agenda item before the City Council this evening which would seek to amend the Plat of Brentwood Estates - including the Armstrong property. Although I can not imagine this being done without her consent, please accept this letter as my client's request that this matter be tabled until the next,City Council meeting to enable our firm an opportunity to review the propriety of this Amendment. I would be at the hearing in person however a previously scheduled meeting prevents this. I appreciate the courtesy extended to my client and myself. With kindest regards, I am Sincerely ohn D. Cassels, Jr. JDC/j rp [0001-65351. WPD] City of Okeechobee 55 SE fdAv Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email: bwhitehall(i»cioofokeechobee com YYlee�r � * *Memorandum Date: December 6, 2005 TO: Mayor, City Council, City Clerk, DPWks, Engineer, Building Official, Gen Sery Coordinator J FR: City Administrator , RE: Brentwood Subdivision We've spent considerable time with this subdivision, including meeting there with residents and hearing complaints about surface water issues. As you know, the City has tried to accommodate the Developer by making plat amendments vs. requiring him to follow through on his original commitment to install a sanitary sewer collection line for the subdivision. Complicating factors include: 1. With the amendment increasing the setback from 25' to 35' there will be two houses that are immediately non -conforming (roughly measured) as reflected on the attached plat. Of course we were verbally told this was not a problem. I have investigated the Building permit for the first house in the subdivision and found that the permit reflects a setback of 29.3'. 2. The site plan has concerns in as much as the proposed 15'swale in front of houses is mostly on private property and may invade the integrity of the septic field operation assuming the bottom elevation of the swale is lower than the field. This is a Health Dept issue. Although we have met with SFWMD representative on at least two occasions, the City has not received any proposed modifications to address the flooding complaints by the parties to the north. The West End: Met with the Engineer for the Developer and, after he spoke with SFWMD, he indicated that a water retention area was being planed for the west side of the development. The City may consider the further installation of added retention and a `dry -dam' with the effluent through SE 9t' Avenue. The East End: SFWMD must give authority to relieve the water in this location. From a layman's view it would appear that there is a possibility of water flow through and around the cul-de-sac with an effluent in the Southeast comer of the subdivision. Again, the matter has to be engineered and approved through SFWMD. �1 LL z L`L a a LL v SE 9TH COUR1 W YaHY L--* I Lw%ds Fence sea trees i kun 3E t OTH STREET • i�• ' w Ada Landscaped - I 1 i BRENTWOOD ESTATES OWNER: BRENTWOOD ACRES LLC, Lot 15 0.52 ac •�- Hydrant _� LOT 2 OJ5 AC Pori ester Bern ./ Top EL.- 22.36, NJ, Y� f L t- L3 L IN 1): AapMlt Ca to L A,. Mch " to no Fla. 0. • F" Hy&.nt T 1 CItY Wftte 4tub 6' Vat- Lbw t j Ssv �� r. i, LOT 14 Lot 13 I 1t�12 Iat` if Lot 10 0.43 ac 0.50 ac �' 0:5D be 50t 0,50 ac 2 9I� 1 =I-f41� Hydrnnt •s R Owe t� Iw..: �. •.sue/✓✓�� sw+, =D-4r SIDEWALK I I " 5 5 � .r 6intl z a..s:r �a...a' Lot 8 Lot 4 Lot 5 pt 5 0.5 ac LOT 3 I I 0.50 ac 0.50 ac 0.52 AC I 0 50 ac \ SE 11TH STREET ; Proposed Minimum Finished Floor at elevation 23.86' NGVD Building Setbacks: Front 25' Side 10' Rear 10' I I Lands shown hereon are located in Flood Zone C, according I to FIRM panel no. 120177 02008, dated 2-4-81. Use 6" water line Septic Tank & Drainfield with approval by Okeechobee County Health Department Perimeter Berm to surround property (see Details) REVISIONS i-09/20/05 2. 3. 4. OR11A'H eY: FR ORE: O6/71/OS C1KLM snu 6HEEf Ha 1 �2= lDM AWJSS M NE WS) M-LW PA, am Im OKMOINM ti �s673-1966 • . EXHIBIT 3 DECEMBER 6, 2005 ORDINANCE NO. 920 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING (H) ZONING DISTRICT TO RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owners, Raul and Kathey Gamiotea, of the property more particularly described hereafter, has heretofore filed Petition No. 05-012-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 3 acre(s) from Holding (H) Zoning District to Residential Single Family -One (RSF-1) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Office for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: ALL THE NORTH -HALF OF THE NORTHWEST -QUARTER OF THE SOUTHWEST -QUARTER OF THE SOUTHEAST -QUARTER OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST, LESS AND EXCEPT THE NORTH ONE HUNDRED THIRTY-TWO (132) FEET THEREOF, TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE WEST THIRTY (30) FEET OF THE SOUTH TWO HUNDRED THIRTY-EIGHT (238) FEET OF THE SOUTH -HALF OF THE SOUTHWEST -QUARTER OF THE NORTHWEST - QUARTER OF THE SOUTHEAST -QUARTER OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST AND OVER THE WEST THIRTY (30) FEET OF THE NORTH ONE HUNDRED THIRTY-TWO (132) FEET OF THE NORTHWEST -QUARTER OF THE SOUTHWEST -QUARTER OF THE SOUTHEAST -QUARTER OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Holding (H) Zoning District to Residential Single Family -One (RSF-1) Zoning District. Page 1 of 2 SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 61" day of December, 2005. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 3 d day of January, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor Ah City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: In-Inin Petition No. 0 _ Q' ,;L Fee Paid: O Jurisdiction: 1st Hearing: III 15 ©c3 2nd Hearing: {- Publication Dates: 6rj 68 Notices Mailed: Uniform Land Use Application Rp,inne • Cnecial F.xcentinn • Variance ✓ Name of property owner(s): RAUL & KATI= L. GAMIOTEA Owner mailing address: 83 WESTIURANGER ST. , ARCADIA, FL 34266 P .P". Name of applicant(s) if other than owner (state relationship): JAMIE GAMIOTEA ( son) L" 1 Applicant mailing address: 824 SE 10th ST. , Okeechobee, FL 34974 C A Name of contact person (state relationship): JAMIE OR LANE GAMIOTEA (son/daughter—in—law) N T Contact person daytime hone(s): 634-0198 Fax: N/A ✓ Property address / directions to property: 1109 SE 9th DRIVE Indicate current use of property: VACANT Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): NONE Approximate number of acres: 3 Is property in a platted subdivision? No 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 lr 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: SINGLE FAMILY RESIDENCE (2 ac) South: VACANT/UNPLATTID East: BLUE HERON GOLF COURSE West: UNPLATTED/YACANT Existing zoning: HOLDIM Future Land Use classification: SINGLE FAMILY Actions Requested: Rezone (_) Special Exception (_� Variance Parcel Identification Number: 2-22-37-35—OA00-00042-0000 I✓ Confirmation of Information Accuracy i I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 imprisonment of up to 0 days and may result in the summary denial of this application. G JAMIE GAMIOTEA afore Printed Name Date Uniform Land Use Application (rev. 1/03) Page 1 of 2 g Current zoning classification: HOLDING Requested zoning classification: RSF-1 R E-I What is your desired permitted use under the proposed classification: finish fencing the property build barn/storage building. At a later date will be building 2 single family residences. O.. N,' If granted, will the new zone be contiguous with a like zone? E Yes Is a Special Exception necessary for your intended use? No Variance? NG Describe the Special Exception sought: S!: P E C L Provide specific LDR ordinance citation: A:. Are there other similar uses in the area? Is so, describe: ) X. C' E__ Why would granting your request be in the best interest of the area and residents? P' T' . T. 0 N If business, briefly describe nature including number of employees, hours, noise generation and activities to be conducted outside of a building: Describe Variance sought: V A R I Describe physical characteristic of property that makes variance necessary: N GDid E you cause or contribute to the characteristic? Is so, describe: What is the minimum variance necessary? Uniform Land Use Application (rev. 1/03) Page 2 of 2 Oct. 12. 2005 11: 28AM I��lIIIIAI{�II�IlII� oniimiiimidlllllllaiule2 • • FILE NUM 2004014131 OR UK 0053e PG 1784 SHARON ROBERTSON, CLEW, OF CIRCUIT COURT THIS INSTRUMENT PREPARED BY AND RETURN TO: OKEECHOBEE COUNTY? FL RECORDED 08/04/2004 02242:08 PH Elit�r! 'dt' /ld?. RAGON RECORDING FEES 10.00 GEED DOC 735.00 1120 South Parrott Avenue RECORDED 8Y G heubourn Okeechobee, Florida 34974 Property Appraisers Parcel Identification (Folio) Numbers: 2-22-37-35-OA00-00042-0000 Space Above This Line For Recording Data THIS WARRANTY DEED, made the 30th day of July, 2004 by Michael A. Brown and Edith L. Brown, whose post office address is 2472 NE 6th Street, Okeechobee, Florida 34972 herein called the grantors, to Raul Gamiotea and Kethey L. Gamiotea, his wife, whose post office address is 83 West Granger Street, Arcadia, Florida 34266, hereinafter called the Grantees: (Wherever used herein the terms 'grantor" and "grantee" include all the parties to this instrumehi and the hairs, 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.: ALL THE NORTH 1/2 OF THE NORTHWEST 114 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 114 OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35, EAST, LESS AND EXCEPT THE NORTH 132 FEET THEREOF. TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE WEST THIRTY (30) FEET OF THE SOUTH TWO HUNDRED THIRTY-EIGHT (238) FEET OF THE SOUTH 1/2 OF THE SW 1/4 OF THE NW 1/4 OF THE SE 1/4 OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST AND OVER THE WEST (30) FEET OF THE NORTH ONE HUNDRED THIRTY-TWO (132) FEET OF THE NW 1/4 OF THE SW 1/4 OF THE SE 1/4 OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST. 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 couvey 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, 2003. IN WITNESS WHEREOF, the said grantors have signed and sealed these presents the day and year first abovritten. Zo�soaled and�deliv"ed�opres�oncoof Witltess#I Signature pfft t?1CiA A. RAGON Witness #1 Printed Name Witness #4» i a Muffw and Witness #2 Printed Name STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this 30th day of Julv. 2QOtbX NlAchael A.. Drown and Edith L. Brown who are personally known to me or have produced ::l as identification. SEAL �p�10 p PATP-ICIA X RAGON otary Public �YMY COMMISSION* DD037091 rx7atPa:Jvne29,2009 P.,kiA1Q1A A. RAGON 1-S003.NOTMV FLNuay S&WW&B&019,MR. rinted Notary Name My Commission Expires: File No: 04-1731 10/09/2005 22:48 e63763l`"96 CITY OF OKEECP-9EE PAGE 02 City of Okeechobee Planning Department 33 SE 3rd. Aveaae; Okeeckebee, FL 34974 Phone (941) 763-3373 Fu (941) 763-16M LAND USE POWER OF ATTORNEY Nam offt %o-t t,o- ar,dP-Mp� A Addr"a: $ 3 LJ . 1; L . 3LN-L6 to 6- bo WorkTd : %63-ug4-3C,00 drueu: W .1Number: licam: `" m t� v�'� Rc� -, Coo Lf a — �U v 0 Worm T Underugned, being the record tide owner(s) of the real property described above, do hereby OrM unto the APPHem t stated above the Hill right an power of attorney to mace application to the City of Okeacbobee to change the laird use of said property. This land use obange may Wade rZoz*ing of the Property, the BrantiuB of spedW eoW0010ns or vanancee, and appeals of decisions f the Planning Department. It is understood that conditions, limitations and resuictions may be laced upon the use or operation of the property. MiuMnents upon appiicWon or in any bearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written wW notarized statement of such termination effoctive upon receipt by the Piaeoing Department. WITNESS WHEREOF THE UNDERSIGNED HAVE SST THEIR HANDS AND SEALS IS 13 DAY OF 04o bey 4:9--o2CZ-6 s i. *re me the uodww pW authority poly Waued d w owne(s) Waned above wbo upon being My mun acicnowledged before me that they are the ewrra(s) of the real property desm2W above and that ry a�ae �t>oponm of sttotaey elated therein. Svaorn and wbsoribed this _day �sr Pu, Notary Public State of Florida ' Tams E Cross SLj, wry Public My Commission DD473642 ►a w Expires 09f 19rM �nialion l�7[pim: (At 1 Cj I 'aDO `i • 0 APPLICANTS STATEMENT OF INTEREST IN PROPERTY Raul and Kathey L. Gamiotea are the owners of the subject property. The purpose of this rezoning (to Residential Single Family -One) is to change the zoning to match the Future Land Use designation (Single Family). Currently the zoning is in Holding and to build any type of structure on the property, a rezoning must be conducted. The 3-acre parcel of unplatted land is located in the Southeast section of the City. It was the Edith Brown Homestead. A small older home was located on it. However that has been torn down. The property was overgrown with vegetation. It has now been cleared, saving as many trees as possible. We will be fencing the entire property, portions of it are already fenced and maintaining it. A small parcel of Blue Heron Golf Course is directly to the East. Applewood Estates (which is vacant) is located to the West and South. The Carver's have a 2-acre unplatted parcel to the North with one single family residence. Cv M 0 i-f o U Q 100002005FCfZ2f o , CDtj � �'Fl DE t0000000Z005f1E22£ oo Q ¢ Cll )0000Z005£IFZZE �i o `� OZ IOOOOOOOZ005fLEZZF ..r M - M N N m jC"i i m Wl 9d- EZ9 9d0 c�`t Q 000vee00000voseLezzz 00000200SUE22f "ZI oc looa0000zo05eLezzE 100002OD5fL£ZZE 00500000002005CLFZZE LP CD :? 0 0 0 No Nv fD o Q.yJ-' "\C'i o Cl) J OM DDa000Z005fCfZZE � _ `�,� �' J � o 0600000000Z005£CEZZf )DoaaozaoSELEzzf "' � N �—) Q M 00D0000000 DOSUEZZE % Co N E� �ol cb Q a, 6� CC) 'IT � Q Occ l.0 n 3 Im CA= ------------- - � '&VN NOT INCL7 aarem NOT PLAM — -- — -- Sa I Ki 668.43' 668.43' NOT INCLUDED M Y317. a —A AW, 141 SBTIO'09'E �67. 9 0' 5? NOT PLATTED 3.035 ACRES tj VACANT NOT PLATTED aa. 6 F�—%,, . 67.09* NOT PLATTED Ig soal — 663.07' 2652.28' SECTION 27-37-35 6 IN ig z YfI 22) 23 27 i 26 gnaw Boundary Survey of a P217080 of Bond DyIng On Seoftn 22, 7ownshOp 37 8.9 Range 35 E. 7909shesses Werld0an Okeechobee Countyq FBorOda DESCRIPTION ALL THE NORTH 1/2 OF THE NORTHWEST1/4 OF E SOUTHWEST 1/4 OF THE SOUTHEAST 1 /4 OF SECTION 22. TOWNSHIP 37 SONq . RANGE 35 EAST", LESS AND EXCEPT THE NORTH 132 FEET THEREOF. TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE WEST THIRTY (30) FEET OF THE SOUTH TWO HUNDRED THIRTY-EIGHT (238) FEET OF THE SOUTH 1/2 OF THE SW 1/4 OF THE MIN 1/4 OF THE SE 1/4 OF SECTION 2.2, TOWNSHIP 37 SOUTH, RANGE 35 EAST AND OVER THE WWTH,1R 'ry (W OF THE NORTH ONE HUNDRED THIRTY-TWO (132) FEET OF THE / OF THE ;7�/4 OF THE SE 1/4 OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST. SURVEYORS NOTES Subject to easements and restrictions of record. Lands described hereon not obstacted by this office. Underground utilities and foundations, If any, are not shown. The description shown hereon was Prapared by the surveyor and is based upon on actual field survey, Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. The surveyor did not interview adjoining land Owners for unrecorded deeds or easements. Elevations shown, if any, am based upon assumed datum. Lands shown hereon are located In Flood Zone C. according to FIRM panel no. 120177 02308. cictod 2-+-81. SURVEYORS CERTIFICATE I hereby certify that the Ott -had sketch of survey of the hereon described property is true and correct to the beat of my knowledge and,Mhef zeaury A In the field direct supervision. sectt qu ions�-T' cc nn7y _ To ROWL a0"OTrA AND On LAW NATIONAL O=U R. .O.d. P9M IT$ K*CE=ft AND/OR AMIONS Professional Surveyor -Mapper T11`50R1% MMMAtv" COMPANY Florida Registration No. LS5081 LAST FIELD SURVEY DATE-- JULY 27. 2004 PREPARIED FORT RAULAND KATHEY GAND07EA, jwA.ME,,8, - & u A, L.M 0 N D, P 8 M W3 3W = TMCE M-W IITVC!Ai�1121 4138 R~ to Starmot file /a 1 10 of • Staff Report 1375 Jaon Street, Suite 206 Fort MSTTs, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(a),att. net Kezoning Kequems%t -Revised , , Prepared for: Applicant: Owner: From: To. Petitinn Nn The City of Okeechobee Jamie Gamiotea Raul & Kathey Gamiotea Holding Residential Single Family One Staff Report Rezoning Request General Information Applicant:. Jamie Gamiotea Petition No.05-012-R Applicant: Jamie Gamiotea Applicant Address: 824 SE loth Street Applicant Phone Number: 863-634-0198 Contact Person Jamie OR Lane Gamiotea Owner: Raul & Kathey Gamiotea Owner Address: 83 West Granger St. Arcadia, F134974 Existing Proposed Parcel ID 2-22-37-35-OA00-00042-0000 Future Land Use Map Single Family Same Classification Zoning District Holding Residential Single Family- 1 Use of Property Vacant 2 Single Family Homes Acreage 3 1 3 Access SE 9th Drive Legal Description: ALL THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST, LESS AND EXCEPT THE NORTH 132 FEET THEREOF. TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE WEST THIRTY (30) FEET OF THE SOUTH TWO HUNDRED THIRTY- EIGHT (238) FEET OF THE SOUTH 1/2 OF THE SW 1/4 OF THE NW 1/4 OF THE SE 1/4 OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST OF THE NW 1/4 OF THE SW 1/4 OF THE SE 1/4 OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST. Request: The applicants are requesting a change in the zoning of the subject project from Holding to RSF-1. This would allow the applicants to construct two single family residences on the property. .r North: I Future Land Use Map Classification: Single Family CJ 0 Staff Report Rezoning Request Applicant:. Jamie Gamiotea Petition No.05-012-R Zoning District: RSF-1 Existing Land Use: East: Future Land Use Map Classification: Single Family Zoning District: RSF-1 Existing Land Use: Blue Heron Golf Course South: Future Land Use Map Classification: Single Family Zoning District: RSF-1 Existing Land Use: Vacant West: Future Land Use Map Classification: Single Family Zoning District: RSF-1 Existing Land Use: Vacant The zoning request to RSF-1 will accommodate the proposed use of single family residences on the property. As it is now, the applicants would be unable to develop the property under the Holding Zoning District, thus making this request necessary. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. The Single Family Future Land Use category allows the type of (Residential) being proposed by the applicant. (Policy 2.16) 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Section-90-102 (1) allows single family dwellings as a permitted use. Additionally, the Code would allow the applicant to construct up to 4 dwellings per acre even though they are only requesting 2 dwellings for the 3 acres. 2 Staff Report Rezoning Request Applicant% Jamie Gamiotea Petition No.05-012-R 3. The proposed use will not have an adverse effect on the public interest. No, the single family use 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, the proposed use and zoning is appropriate with the location and would be compatible with the adjacent land use. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. No, the proposed use will not adversely affect property values or living conditions in the area. 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 needed, the proposed use can be suitably buffered from surrounding city. The applicants will be fencing the perimeter of the property upon receiving approval. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No, the applicants are only requesting 2 units on 3 acres, the density is well below what is allowed. Thus, 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. No, traffic congestion, flooding, or drainage will not be a problem if this request is granted. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the only restrictions placed on this property are those imposed by the Land Development Code and Comprehensive Plan. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 3 • 0 Staff Report Rezoning Request Applicant% Jamie Gamiotea Petition No.05-012-R No special privileges will be granted to the owner by allowing this request. Summary and Conclusions Prior to Certification In closing, the applicant's request meets the criteria above and the RSF-1 zoning would be compatible with the Single Family Future Land Use category. Recommendation Staff recommends approval of the request to allow rezoning from Holding to RSF-1 permitting the applicant to construct single family dwellings on the property. Submitted by: James G. LaRue, AICP Planning Consultant November, 2005 0 November 15, 2005 - Planning Board - Page 2 of 8 IV. NEW BUSINESS. A. Rezoning Petition No. 05-012-R. Consider a recommendation to the City Council to rezone the property with the parcel identification number being 2-22- 37-35-OA00-00042-0000 from Holding (H) to Residential Single Family - One (RSF-1). The subject property is located at 1109 Southeast 9th Drive. The property owners are Raul and Kathey Gamiotea, the applicant is Jamie Gamiotea. 0 Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: The zoning request to RSF-1 will accommodate the proposed use of single family residences on the property. As it is now, the applicants would be unable to develop the property under the Holding Zoning District, thus making this request necessary. Planning Staff Report Analysis: (A) The Single Family Future Land Use category allows the type of (Residential) being proposed by the applicant. (Policy 2.16). (B) Section-90-102 (1) allows single family dwellings as a permitted use. Additionally, the Code would allow the applicant to construct up to 4 dwellings per acre even though they are only requesting 2 dwellings for the 3 acres. (C) The single family use will not adversely affect the public interest. (D) The proposed use and zoning is appropriate with the location and would be compatible with the adjacent land use. (E) The proposed use will not adversely affect property values or living conditions in the area. (F) If needed, the proposed use can be suitably buffered from surrounding city. The applicants will be fencing the perimeter of the property upon receiving approval. (G) The applicants are only requesting 2 units on 3 acres, the density is well below what is allowed. Thus, the use will not overburden public facilities. (H) Traffic congestion, flooding, or drainage will not be a problem if this request is granted. (I) The only restrictions placed on this property are those imposed by the Land Development Code and Comprehensive Plan. (J) No special privileges will be granted to the owner by allowing this request. Planning Staff Report Summary and Conclusions Prior to Certification: In closing, the applicant's request meets the criteria above and the RSF-1 zoning would be compatible with the Single Family Future Land Use category. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from Holding to RSF-1 permitting the applicant to construct single family dwellings on the property. Katrina Cook, General Services Coordinator, noted for the record that Ms. Glenda Carver, surrounding property owner, was unable to attend the meeting however wanted the Board to know that she was in favor of the petition. There were no pubic comments, nor any discussion from the Board. # November 15, 2005 - Planning Board - Page 3 of 8 • IV. NEW BUSINESS, CONTINUED. A. Rezoning Petition No. 05-012-R, continued. B. Rezoning Petition No. 05-013-R. Consider a recommendation to the City Council to rezone the property with the parcel identification number being 2-21- 37-35-OA00-00006-B000 from Holding (H) to Residential Single Family - One (RSF-1). The subject property is located between Southwest 7th Avenue and Southwest 1 Oth Avenue and Southwest 9th Street and Southwest 15th Street. The property owner is Frank Altobello, the applicant is 15th Street Holdings, LLC. Board Member McCoy motioned to recommend to City Council to approve Rezoning Petition 05- 012-R, changing the zoning from Holding (H) to Residential Single Family -One (RSF-1); seconded by Board Member Whidden. VOTE BURROUGHS-YEA JOHNS -YEA FELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: In the application submitted by the applicant it was stated that this area would be used for single family residences. The property is vacant and unplatted and this request could allow the applicants to develop up to 62 units on the property. The applicants also stated that the development of this property will be done in 3 phases, this rezoning request being the 1st phase. The 2nd phase would be to plat the area as a single family community. The final phase is to develop a multifamily development on the northern portion of the property. At this time, it is unclear how the third phase ties into this rezoning request, but staff is in pursuit of clarification and will keep the City abreast of the applicant's intent. The subject property is vacant and has a Future Land Use Map classification of Single Family. The request to rezone this particular area will make the zoning consistent with the Future Land Use Classification and will allow development that is compatible with neighboring properties. Planning Staff Report Analysis: (A) The Single Family Future Land Use designation allows for a maximum density of 4 du/ac. Before these lots are developed, action must be taken to ensure that the density will not exceed this requirement. The lots will also have to meet the RSF-1 minimum • EmiIBIT 4 DwEMBER 6, 2005 ORDINANCE NO. 921 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 (H) HOLDING ZONING DISTRICT TO RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner, Frank Altobello, Trustee, of the property more particularly described hereafter, has heretofore filed Petition No. 05-013-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 16 acre(s) from Holding (H) Zoning District to Residential Single Family -One (RSF-1) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Office for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: ALL OF THAT PORTION OF THE LANDS DESCRIBED BELOW LYING SOUTH OF A LINE BEING PARALLEL TO AND 695.62 FEET NORTH OF (AS MEASURED AS RIGHT ANGLES TO) THE NORTH RIGHT OF WAY LINE OF SW 15TH STREET. ALL THAT PART OF SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, LYING WEST OF BLOCKS 248 AND 249, AND SOUTHERLY EXTENSION THEREOF, FIRST ADDITION TO THE CITY OF OKEECHOBEE; SOUTH OF SOUTHWEST 9TH STREET; NORTH OF SOUTHWEST 15TH STREET; AND EAST OF BLOCK 202, AND SOUTHERLY EXTENSION THEREOF, FIRST ADDITION TO THE CITY OF OKEECHOBEE, AND EAST OF SOUTHWEST 10TH AVENUE, WITHIN THE CITY LIMITS OF OKEECHOBEE, FLORIDA. LESS AND EXCEPT FROM THE ABOVE THE DESCRIBED PARCEL THE FOLLOWING: BEGINNING AT THE INTERSECTION OF HOPKINS MEANDER LINE AND THE SOUTH BOUNDARY LINE OF SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, AND RUN NORTHEASTERLY ALONG SAID HOPKINS MEANDER LINE 28.6 FOR A POINT OF BEGINNING; THENCE EAST PARALLELING SAID SOUTH LINE OF SECTION 21, AFORESAID 56.6 FEET; Page 1 of 2 THEN NORTH 175 FEET; THENCE WEST 240 FEET; THENCE SOUTH 175 FEET; THENCE EAST 183.4 FEET TO THE POINT OF BEGINNING, SAID LAND LYING IN AND COMPRISING A PART OF GOVERNMENT LOTS 3 AND 5 OF SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Holding (H) Zoning District to Residential Single Family -One (RSF-1) Zoning District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 6'h day of December, 2005. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 3'd day of January, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor Ah Ah 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: 105Petition No. — Fee Paid: Jurisdiction: 1st Hearing: , ` IQ 5 2nd Hearing: ' a + Publication Dates: ri �Q W� G i� Notices Mailed: Uniform Land Use Application Rp7nnP - Cnecinl Excention - Variance ✓ Name of property owner(s): Frank Altobelln, Trustee A Owner mailing address: PO Box 417, Okeechobee FL 34973 P`" P Name of applicant(s) if other than owner (state relationship): 15 t h Street Homes L L C - purcha L' I Applicant mailing address: 701 B C., A Name of contact person (state relationship): Maxwell & Maxwell, N, T-- I Contact person daytime hone(s): _ _ Fax: ✓ Property address / directions to property: Indicate current use of property: vacant, u n l a t t e d land Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): Approximate number of acres: 16 Is property in a platted subdivision? no '.P Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: R' 0 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 Y Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Describe adjoining land uses / improvements to the North: South: R S F East: R S F West: R S F Existing zoning: holding Future Land Use classification: RSF Actions Requested: (___x) Rezone Special Exception Variance Parcel Identification Number: - a ► -Y1 - 35 - On 00 - OWO - © 0 0 ✓ Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. Signature Printed Name Date ,er Uniform Land Use Application (rev. 1/03) Page 1 of 2 Current zoning classification: Holdino Requested zoning classification: R F'_ R What is your desired permitted use under the proposed classification: E Z-, construct single family residences O: If granted, will the new zone be contiguous with a like zone? E Is a Special Exception necessary for your intended use? Variance? no no Describe the Special Exception sought: S',. P E, C I Provide specific LDR ordinance citation: A'' L' E- Are there other similar uses in the area? Is so, describe: X E Why would granting your request be in the best interest of the area and residents? P' T; I,, N If business, briefly describe nature including number of employees, hours, noise generation and activities to be conducted outside of a building: Describe Variance sought: V" A' R T Describe physical characteristic of property that makes variance necessary: A' N' C Did you cause or contribute to the characteristic? Is so, describe: �E- What is the minimum variance necessary? Uniform Land Use Application (rev. 1/03) Page 2 of 2 • • CONSENT Re: Parcel # 2-21-37-35-OA00-00006-13000 I, FRANK ALTOBELLO, give my consent to 15" Street Homes, LLC, to file an application to re -zone a portion of the above -referenced property. a6e;:�_'Vc - RANK ALTOBELLO Sworn to (or affirmed) and subscribed before me by Frank Altobello, who is personally known to me, on this /`-/" day of October, 2005. Notary Public (Seal) C4"Y"&tn DDI OMW er Ex0es Fehuary, 12. 2W 10/14/2005 15:13 FAX 9637631179 MAXWELL & MAXWELL Z 002/002 15w Street Homes, LLC Petition No: INTENDED USE, NATURE OF ACTIVITIES AND DEVELOPMENT OF THE PROPERTY The property is intended to be developed as a single family residential community. The applicant owns a total of 48 acres at this location and intends to plat the subdivision in three phases, with this portion being the first phase. The applicant intends to submit the property to a homeowners association, which will include common areas. The applicant intends to plat the second phase as a contiguous single family community and the third and northernmost phase as an upscale multifamily development that is separate but consistent in style with the first two phases. 15'h STREET HOMES LLC azv'A-�--' By: JI AN C Its: anager 10/14/2005 14:42 FAX 8637631179 MAXWELL & MAXWELL IaOO4/004 • • 15'hStreet Homes, LLC Petition No.: APPLICANT'S STATEMENT OF INTEREST Applicant has the subject property under contract and intends to plat and develop the property into a single family residential subdivision. 151' STREET HOMES LLC By: JU C Its: anager - MhAWCLL & MAXWELL 1a002/004 15`E' Street Homes, LLC Petition No: STATEMENT OF SPECIAL REASONS AND BASIS FOR REQUEST The future land use neap provides that the subject property should be zoned residentia) single family_ The basis for the request is to make the zoning consistent with the future land use map. 15th STREET HOMES LLC By: JA Its: r SKETCH & DESCRIPTION THIS IS NOT A SURVEY EXHIBIT "A" S.W. 9th STREET Z 0 LO f w O a. U') m U �./� O CO O N a ; Y - U w Ow JM m co O PARENT TRACT U TAX ID# w 2-21-37-35—OA00-00006—B000 w YO CONTAINING 33.60 ACRES, MORE OR x d LESS g� 3 8953'IB' W — 28.97 (M) FA 0 0 N U! a LEGEND OFFICIAL RECORDS IDENTIFICATION Z DIAMETER O o FLORIDA POWER & LIGHT ~ ^' PROFESSIONAL LAND SURVEYOR POINT OF BEGINNING POINT OF COMMENCEMENT LICENSED BUSINESS a) CONCRETE MONUMENT ca p RIGHT OF WAY rn CENTERLINE .. PLAT DEED MEASURED CALCULATED N 89'34'16" E SUBJECT PARCEL CONTAINING 15.44 ACRES, MORE OR LESS S 89'34'16" W 785.88' (f S.W. 15th STREET LEGAL DESCRIMN ALL OF THAT PORTION OF THE LANDS DESCRIBED BELOW LYING SOUTH OF A LINE BEING PARALLEL TO AND 695.62 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES TO) THE NORTH RIGHT OF WAY LINE OF SW 15th STREET. ALL THAT PART OF SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, LYING WEST OF BLOCKS 248 AND 249, AND SOUTHERLY EXTENSION THEREOF, FIRST ADDITION TO THE CITY OF OKEECHOBEE; SOUTH OF SW 9TH STREET; NORTH OF SW 15TH STREET; AND EAST OF BLOCK 202, AND SOUTHERLY EXTENSION THEREOF, FIRST ADDITION TO THE CITY OF OKEECHOBEE, AND EAST OF SW 10TH AVENUE, WITHIN THE CITY LIMITS OF OKEECHOBEE, FLORIDA. I LESS AND EXCEPT FROM THE ABOVE DESCRIBED PARCEL THE FOLLOWING: BEGINNING AT THE INTERSECTION OF HOPKINS MEANDER LINE AND THE SOUTH BOUNDARY LINE OF SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, AND RUN NORTHEASTERLY ALONG SAID HOPKINS MEANDER LINE 28.6 FOR A POINT OF BEGINNING; THENCE EAST PARALLELING SAID SOUTH LINE OF SECTION 21, AFORESAID 56.6 FEET; THEN NORTH 175 FEET; THENCE WEST 240 FEET; THENCE SOUTH 175 FEET; THENCE EAST 183.4 FEET TO THE POINT OF BEGINNING, SAID LAND LYING IN AND COMPRISING A PART OF GOVERNMENT LOTS 3 AND 5 OF SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST. I SAID PARCEL CONTAINING 15.44 ACRES, MORE OR LESS. NOl MSLW �EON�nc5 900 EAST OCEAN BOULEVARD, SUITE 140 STUART, FLORIDA 34994 (772) 781-6400 PHONE (772) 781-6462 FAX 1028,18' (M) W 0 0 1 C Ln m `r T 0 0 0 U� m v, w Ln S S 8977'31- W_ 2a9;9Q' (M) N — Q� C W W m 0 U W Uj a) Y d O, W Q U' Y�ir Oz0L6 _1 P u- m o a 0 Q F- S.W. 10th STREET CD w a Ln m i1. ¢ O J U- a0 L U Nw Co U0 OU J W m w Y O O z O Q H LL NOTES 1. THIS SKETCH AND LEGAL DESCRIPTION IS NOT A BOUNDARY SURVEY. 2. THIS SKETCH AND LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR. 3. BEARINGS AS SHOWN HEREON ARE BASED ON FLORIDA STATE PLANE GRID BEARING, SOUTH 89'34'16" WEST ALONG THE NORTH RIGHT OF WAY LINE OF SW 15th STREET. CERTIFICATION I HEREBY CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION MEETS MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO HAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE. i Gregory S.f Fleming, Date Professional Surveyor & apper Florida Registration No. 350 15th STREET HOMES, LLC SKETCH & LEGAL DESCRIPTION Scale N.T.S. Job No. 05-126 Checked �� Date. 10/14/05 SHEET 1 OF 1 1375 Jacj&n Street, Suite 206 • Fort MyJWlorida 33901-2845 • Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(a,att.net T �Tlww - • • Owner: FrankAltobello, Trustee Applicant: Maxwell & Maxwell, Attorney From: Holding To: RSF-I Petition No. 05-013 R i Staff Report Applicant% Frank Altobello, Trustee Rezoning Request Petition No. 05-013-R General Information Applicant: 15th Street Homes, LLC Applicant Address: 701 Brickell Ave. Ste 1740 Miami, Fl 33131 Applicant Phone Number: 863-763-1119 Contact Person Maxwell & Maxwell, P.A. Attorney Owner: Frank Altobello, Trustee Owner Address: P.O. Box 417 Okeechobee, FL 34973 Future Land Use Map Classification Existing Single Family Proposed Same Zoning District Holding RSF-1 Use of Property Vacant Single Family Subdivision Acreage 15.44 Same Access SW 15th Street Location: O SW 2nd Street Okeechobee, F134974 Legal Description: ALL OF THAT PORTION OF THE LANDS DESCRIBED BELOW LYING SOUTH OF A LINE BEING PARALLEL TO AND 695.62 FEET NORTH OF (AS MEASURED AS RIGHT ANGLES TO) THE NORTH RIGHT OF WAY LINE OF SW 15TH STREET. ALL THAT PART OF SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, LYING WEST OF BLOCKS 248 AND 249, AND SOUTHERLY EXTENSION THEREOF, FIRST ADDITION TO THE CITY OF OKEECHOBEE; SOUTH OF SW 9TH STREET; NORTH OF SW 15TH STREET; AND EAST OF BLOCK 202, AND SOUTHERLY EXTENSION THEREOF, FIRST ADDITION TO THE CITY OF OKEECHOBEE, AND EAST OF SW LOTH AVENUE, WITHIN THE CITY LIMITS OF OKEECHOBEE, FLORIDA. LESS AND EXCEPT FROM THE ABOVE DESCRIBED PARCEL THE FOLLOWING: BEGINNING AT THE INTERSECTION OF HOPKINS MEANDER LINE AND THE SOUTH BOUNDARY LINE OF SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, AND RUN NORTHEASTERLY ALONG SAID HOPKINS MEANDER LINE 28.6 FOR A POINT OF BEGINNING; THENCE EAST PARALLELING SAID SOUTH LINE OF SECTION 21, AFORESAID 56.6 FEET; Staff Report • Apploi t:. Frank Altobello, Trustee Rezoning Request Petition No. 05-013-R THEN NORTH 175 FEET; THENCE WEST 240 FEET; THENCE SOUTH 175 FEET; THENCE EAST 183.4 FEET TO THE POINT OF BEGINNING, SAID LAND LYING IN AND COMPRISING A PART OF GOVERNMENT LOTS 3 AND 5 OF SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST. SAID PARCEL CONTAINING 15.44 ACRES, MORE OR LESS The applicants are requesting a rezoning for approximately 15.44 acres of a 49 acre parcel. This request would remove the 15.44 acres from Holding to Residential Single Family One. Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Single Family Zoning District: Holding Existing Land Use: East: Future Land Use Map Classification: Single Family Zoning District: RSF-1 Existing Land Use: South: Future Land Use Map Classification: Okeechobee County Zoning District: Okeechobee County Existing Land Use: West: Future Land Use Map Classification: Single Family Zoning District: RSF-1 Existing Land Use: In the application submitted by the applicant it was stated that this area would be used for single family residences. The property is vacant and unplatted and this request could allow the applicants to develop up to 62 units on the property. The applicants also stated that the development of this property will be done in 3 phases, this rezoning request being the 1 st phase. The 2nd phase would be to plat the area as a single family community. The final phase is to develop a multifamily development on the northern portion of the property. At this time, it is unclear how the third phase ties into this rezoning request, but staff is in pursuit of clarification and will keep the City abreast of the applicant's intent. The subject property is vacant and has a Future Land Use Map classification 2 i 0 Staff Report Applicant:. Frank Altobello, Trustee Rezoning Request Petition No. 05-013-R of Single Family. The request to rezone this particular area will make the zoning consistent with the Future Land Use Classification and will allow development that is compatible with neighboring properties. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. The Single Family Future Land Use designation allows for a maximum density of 4 du/ac. Before these lots are developed, action must be taken to ensure that the density will not exceed this requirement. The lots will also have to meet the RSF-1 minimum lot requirement of 10,000 square feet. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Single family residences is authorized under the RSF-1 Zoning District. (See Section 90-102 (1).) 3. The proposed use will not have an adverse effect on the public interest. No, single family uses 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, the proposed use and zoning is appropriate for this location and is not 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. No, the proposed use will not be a deterrent to the improvement of adjacent properties, nor will it adversely affect property value or living conditions. Staff Report • Applic'?nt:. Frank Altobello, Trustee Rezoning Request Petition No. 05-013-R 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 on the neighborhood. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed use for the subject property is expected to impact schools and roads, but utility providers and public facilities should not be overburdened. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. As stated earlier, development of this property could allow for up to 62 units. The applicants may be required to submit a traffic analysis to show any impacts on the local streets. Staff is not aware of any flooding or drainage problems on the site. If any such issues exist, the Building Official will evaluate them before issuing a Certificate of Occupancy. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The proposed use should be able to develop within the existing code requirements. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. No, the proposed RSF-1 zoning change will not grant any special privileges to the owner. Staff recommends approval of this request contingent upon the applicant specifying the type of development that is to occur on the property and its impact on the surrounding area. 4 Staff Report Applicant% Frank Altobello, Trustee Rezoning Request Petition No. 05-013-R Recommendation Staff recommends approval of the request to allow rezoning from Holding to RSF-1 permitting the applicant to construct single family home sites. Submitted by: James G. LaRue, AICP Planning Consultant November 2005 5 Herman Tressie Zol ;. 1 13. M 08. S7 th.:Ai �tovezrlber.15r2Do5 Okeechobee FL. 349 AtTN: Ms. Katrina Cook Services. CordrnatorCityDf Okeechobee: "t. 3rd Ave. Okeechobee, FL 3*574 Ile::R.exonIng _.. Petition #05-011-R,,Mto4eHq Dear Ms: Cook; _.We.:are writing this in reference tolhe above mentioned rezoning pet i6ii for the property imme.cliatelyj6ining the 4 112 lots we own. located on SW 7th Avenue, We areoutof town and are unable to �.afbind the W�.havo qwned- a. me on Ith-Avenue joining the A !to Olo propert for; nearly 3G years. We also boughtthe .home on the north side of our original, home 5 years ago. 90 Wt have. concerns with the: building of-ho exe using compl s on the, :-46pi'tementioned propetty.,and these are stated as , fbilowes.: The drainage for that particular piece of propertyjwflie experience rie xpe'. rite flotsding during heavy, an q n continuous rains d r fiur k'An �'Ddito the natural sloug4th-#Is par of is, th _ptOperty.aqysite pieperation Will diredly-AffecU'ug. Thereis also.the-.concern%of a. 4iiitOrbance- of the natural ecosystem on theabove. mentioned pt port in regard%lo-the presencerof two eagles..nesting , and .si ecessfuliyeearing several clutches. Of Young M& Varieties of in dingiturkeys cl,u qualla also many -gPp gopher ti - les-exi-Athere oil presently. Thank you -for reading our letter and any consideration you could gtv 6�..*preciated. is Sincerely, Herman and tressie: Zobel 10/'ZO0 WIff Co-tDp 90OZ/5T/TT -4-e 999101LMV�4 D-IRIUD A� M November 14, 2005 Ms. Katrina Cook General Services Coordinator City of Okeechobee 55 SE 3Ta Avenue Okeechobee, Florida 34974 In Re: Rezoning Petition 05-013-R, Altobello Bear Ms. Cook: I am writing in reference to the above mentioned rezoning petition for the property immediately joining the ten lots where my home is located on SW 7th Avenue. I had an accident at my home last week and am recuperating; therefore, I will not be able to attend the meeting tomorrow evening. I have some concerns with the building multiple residences on this property and some of them are as follows: Immediately behind my property is a "natural" slough that is part of the drainage of the 48.70 acres and if it were to be filled in for the construction of homes would greatly impact that area and any of our houses directly adjacent to it. When I first moved to this area about eighteen years ago, there was an eagle's nest near my home, located on the edge of this property of Altobello's. A couple of years ago or so, those eagles left. Now, there are two new pairs of eagles nesting in this area and according to the information I received from an Audubon officer, these new eagles must be the offspring of those who were here earlier. You can hear them through the woods when they are calling and they are majestic in flight as they come and go from their nests. Also, this property is abundant in gopher turtles, which are endangered species. We have encountered wild hogs, turkeys and all kinds of wildlife throughout the years. This is the one of the last undeveloped properties in the city where these animals and birds have migrated to over the years. I understand the "right of ownership" and the right to sell by the owner, but I would submit there should be some way of protecting these animals so they could continue to co -habitat among us. I heard a few years ago that Mr. Altobello was considering the prospect of leaving it a nature park. I know there are federal and state limitations regarding the eagles and other endangered species, when it comes to development. Many people in this neighborhood are aware of the abundance of nature in this area — particularly the eagles, gopher turtles, and birdlife. I have some questions regarding the number of proposed units per acre and where the main entrance to the housing development would be. The property runs from SW 9th Street south to SW 15th Street and SW 15th Street is already a narrow — busy street with individual homes and driveways all along the way plus the adjoining streets. Are the residential homes immediately adjacent to this property going to be protected visually from any development that would occur? What about the drainage issues and the natural flow of drainage for that particular piece of property? The property adjacent to me gets really wet during storms and that natural slough or pond overflows. I understand that some of these issues would need to be discussed during site -plan review; however, I feel the Zoning Board needs to be aware of some of the issues that could potentially affect and impact those of us, in the Southwest section of town, that immediately join or surround this property. We are all taxpayers and should be given consideration. There are too many areas of our county that have drainage problems and you cannot change the natural flow of water to suit developers' needs. We have experienced flooding on my property during heavy rains and hurricanes. I am afraid of what could potentially happen if this area is filled in. Thanking you for your time to read my letter and any consideration you could give us, I remain Sincerely, Brenda T. O'Connor 1020 SW 7th Avenue Okeechobee, Florida 34974 November 15, 2005 - Planning Board - Page .3 of a IV. NEW BUSINESS, CONTINUED. A. Rezoning Petition No. 05-012-R, continued. B. Rezoning Petition No. 05-013-R. Consider a recommendation to the City Council to rezone the property with the parcel identification number being 2-21- 37-35-OA00-00006-B000 from Holding (H) to Residential Single Family - One (RSF-1). The subject property is located between Southwest 7th Avenue and Southwest 10th Avenue and Southwest 9th Street and Southwest 15th Street. The property owner is Frank Altobello, the applicant is 15th Street Holdings, LLC. Board Member McCoy motioned to recommend to City Council to approve Rezoning Petition 05- 012-R, changing the zoning from Holding (H) to Residential Single Family -One (RSF-1); seconded by Board Member Whidden. VOTE BURROUGHS-YEA JOHNS - YEA KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: In the application submitted by the applicant it was stated that this area would be used for single family residences. The property is vacant and unplatted and this request could allow the applicants to develop up to 62 units on the property. The applicants also stated that the development of this property will be done in 3 phases, this rezoning request being the 1st phase. The 2nd phase would be to plat the area as a single family community. The final phase is to develop a multifamily development on the northern portion of the property. At this time, it is unclear how the third phase ties into this rezoning request, but staff is in pursuit of clarification and will keep the City abreast of the applicant's intent. The subject property is vacant and has a Future Land Use Map classification of Single Family. The request to rezone this particular area will make the zoning consistent with the Future Land Use Classification and will allow development that is compatible with neighboring properties. Planning Staff Report Analysis: (A) The Single Family Future Land Use designation allows for a maximum density of 4 du/ac. Before these lots are developed, action must be taken to ensure that the density will not exceed this requirement. The lots will also have to meet the RSF-1 minimum November 15, 2005 - Planning Board - Page 4 of 8 IV. NEW BUSINESS, CONTINUED. B. Rezoning Petition No. 05-013-R, continued. Planning Staff Report Analysis, continued: lot requirement of 10,000 square feet. (B) Single family residences is authorized under the RSF-1 Zoning District. (See Section 90-102 (1)) (C) Single family uses will not adversely affect the public interest. (D) The proposed use and zoning is appropriate for this location and is not detrimental to urbanizing land use patterns. (E) The proposed use will not be a deterrent to the improvement of adjacent properties, nor will it adversely affect property value or living conditions. (F) If necessary, site plan requirements can help to reduce any impacts on the neighborhood. (G) The proposed use for the subject property is expected to impact schools and roads, but utility providers and public facilities should not be overburdened. (IT) As stated earlier, development of this property could allow for up to 62 units. The applicants may be required to submit a traffic analysis to show any impacts on the local streets. Staff is not aware of any flooding or drainage problems on the site. If any such issues exist, the Building Official will evaluate them before issuing a Certificate of Occupancy. (I) The proposed use should be able to develop within the existing code requirements. (J) The proposed RSF-1 zoning change will not grant any special privileges to the owner. Planning Staff Report Summary and Conclusions Prior to Certification: Staff recommends approval of this request contingent upon the applicant specifying the type of development that is to occur on the property and its impact on the surrounding area. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from Holding to RSF-1 permitting the applicant to construct single family home sites. Board Member Devin Maxwell abstained from Voting on this rezoning petition. His law firm is representing the applicants and he will be speaking on behalf of them regarding their request. Raia Black, surrounding property owner, expressed some concern with the petition. She explained that there have been some rumors in the neighborhood regarding a multiple family development, and she wanted to be sure that this was going to be single family and not an apartment complex. Jim LaRue, City Planning Consultant, explained that the application was to change the zoning to Residential Single Family - One (RSF-1) for the development of single family homes. Katrina Cook, General Services Coordinator, noted for the record that two letters of concern were received from Herman and Tressie Zobel and Brenda O'Conner, surrounding property owners. November 15, 2005 - Planning Board - Page 5 of S IV. NEW BUSINESS, CONTINUED. B. Rezoning Petition No. 05-013-R, continued. In the letters it addresses concerns with drainage, wildlife, ingress/egress to the development, as well as buffering from the surrounding properties. Devin Maxwell, representative of the applicants, briefly described the request. Mr. Maxwell explained that the applicant is proposing to purchase the property from Frank Altobello with the intent of developing it with high end single family dwellings. He stated that the homes will be developed in a Florida or Key West Style theme and will cost from the mid $ 200's to mid $ 300's (in thousands). Mr. Maxwell explained that this will be a three phase project. The first phase will be the rezoning, the second will be platting, and the third phase will be the development of the property. Mr. Maxwell stated that studies will be done regarding the wildlife that is located on the property, and the plan is to save as many oak trees as possible. He explained that it is proposed for the street through the subdivision to be a private street to allow some leeway in saving the trees. Mr. Maxwell reiterated for the record that there will not be a density change. Mr. Maxwell stated that it is the applicants intent to be part of the community and possibly make some streetscaping contributions within the surrounding area while working on the development. On another note, Mr. Maxwell explained that he is a surrounding property owner as well. He owns property that directly abuts the subject property meaning that this development will literally be in his back yard. Board Member McCoy questioned whether the proposed subdivision would be on septic tanks or sewer. Mr. Mawell responded that the applicant would like to have sewer, and that they are currently working with the Okeechobee Utility Authority regarding capacity concerns. Carol Landrum, surrounding property owner, explained that she was concerned about drainage issues, as well as the eventual development of the property to the North. There was no further public comment, nor any further discussion from the Board. Board Member McCoy motioned to recommend to City Council to approve Rezoning Petition 05- 013-R, changing the zoning from Holding (H) to Residential Single Family -One (RSF-1); seconded by Board Member Burroughs. November 15, 2005 - Planning Board - Page 6 of S IV. NEW BUSINESS, CONTINUED. B. Rezoning Petition No. 05-013-R, continued. C. Rezoning Petition 05-014-R. Consider a recommendation to the City Council to rezone Lots 10,11, and 12, Block 40, Fist Addition to South Okeechobee from Residential Single Family - One (RSF-1) to Commercial Professional Office (CPO). The subject property is located at the Northeast corner of Southwest 2nd Avenue and Southwest 20th Street. The property owner is Gerald Lefebvre, the applicant is Phillip Berger. VOTE BURROUGHs-YEA JOHNS - YEA KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: In October of 2005, the subject property was reviewed by the Technical Review Committee for site plan approval. The owner intends to construct a 5,400 square foot office building on the site. The RSF-1 zoning on the property restricted the applicant from developing the site with a commercial use. Staff advised the applicant of the situation at which time this application was submitted to request a zoning district that would allow such uses. The surrounding existing land uses are mostly commercial. As such, the request to rezone the subject property will make the zoning consistent with the Future Land Use Classification of Commercial' and will allow development that is compatible with the adjacent properties. Planning Staff Report Analysis: (A) The proposed zoning and use is not contrary to the'i Comprehensive Plan requirements. Commercial uses are described as being offices, retail, automotive, wholesale and other related activities in the Comprehensive Plan. The applicant's request is consistent with the Commercial Future Land Use Category. (B) Section 20-222 (1) lists professional office, business office and medical office as permitted uses. The applicants intend to use the property as an office building and this is consistent with said Section. (C) The proposed CPO zoning and its accompanying use will not adversely affect the public interest. (D) This use and zoning is appropriate for this location and is very compatible with the surrounding existing uses. (E) The proposed use and zoning will not adversely affect property values or living conditions in the area. The proposed use will encourage other undeveloped lots to be improved. (F) The proposed use can be buffered and will have to meet City Code requirements for site design, landscaping and buffering. (G) The proposed use is commercial so density is not an issue. The proposed use will be within a location designed to accommodate such uses. (H) The proposed EXHIBIT 5 • DECEMBER 6, 2005 ORDINANCE NO. 922 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 COMMERCIAL PROFESSIONAL OFFICE (CPO) 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, Gerald A. Lefebvre, of the property more particularly described hereafter, has heretofore filed Petition No. 05-014-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.48 acre(s) from Residential Single Family -One (RSF-1) Zoning District to Commercial Professional Office (CPO) 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 10, 11 AND 12 OF BLOCK 40, FIRST ADDITION TO SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 17, 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 Commercial Professional Office (CPO) 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 61h day of December, 2005. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 3Id day of January, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor • City of Okeechobee General Services Department 55 S.E. 3' Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Daze:If) ` C5 Petition No. 05 - 0, y _ Fee Paid: Jurisdiction: ,� { 1st Hearing: ) 0 S 2ndHearing: la + I 1�� Publication Dates: F�j �p �g WQ fI 0 i✓ l� 1 Notices Mailed: Uniform Land Use Application Rezone - Snecial Exception - Variance ✓ Name of property owner(s): A Owner mailing address: Ir a,& LD L C F'e g 4�-ts- P `, P Name of applicant(s) if other than owner (state relationship):1 V tp �r�T-� _ A(tiewrr L I Applicant mailing address: 1" I o �ov ILP-0 M J eT NLI (r6 Q(qEL3C"0pW-, C. A Name of contact person (state relationship): R,.1 N T ' Contact person daytime hone(s): 6 "j (Q I 1 Fax: $6 -7 6.1 $-�o ✓ Property address / directions to property: 5.4 N D DV o @ W N D I.. -a-LA OPFICZ Indicate current use of property: VA cA of T Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): 16 Approximate number of acres:3 uonC Is pronelty in a platted subdivision? 11gS P R. Is there a current or recent use of the p-rofperty that is/was a violation of county ordinance? If so, describe: O 0.. P Have there been any land use applicatizeconcerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: E R . Is a sale subject to this application being granted? c 'r Y Is the sub' ct parcel your total holdings at that location? If not, describe the remaining or intended uses: ISS. Describe land uses / improvements to the North: (GNN�R1 t A L /adjoining South: CAwlT East: t.�FtMgRX L_&,r1 AML C West: N4 Existing zoning: Vxt D91n 10, t_ Future Land Use classification: �I,t 1i Actions Requested: (�6 Rezone C_) Special Exception Variance Parcel Identification Number: 3-7-9-31.3f•Oolb .00400-a�oSo � 3-t'2• 34 -3,C-001b,0opo01 0100 ✓ 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 C' of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $50 0 and s nt f up to 30 days and may result in the summary denial of this application. Signature Printed Name Date Uniform Land Use Application, (rev. 1103) PnaP 1 of I Current zoning classification: R � t - Requested zoning classification: R What is your desired permitted use under the proposed classification: E'. Z CoNMei?t.l(NL QFr—iC-f If granted, will the new zone be contiguous with a like zone? / Is a Special Exception necessary for your intended use? A I p Variance? ,V 0 Describe the Special Exception sought: S' 'E - C L Provide specific LDR ordinance citation: A L Are there other similar uses in the area? Is so, describe: E C. E ` Why would granting your request be in the best interest of the area and residents? P' T; if If business, briefly describe nature including number of employees, hours, noise generation and activities to be 71. N' Lil conducted outside of a building: Describe Variance sought: v A. R Describe physical characteristic of property that makes variance necessary: I. A N, Did you cause or contribute to the characteristic? Is so, describe: E What is the minimum variance necessary? Uniform Land Use Applicafion (rev. im) D..-- 'n -, C 1 is Statement of Special Interests Ref: Lots 10,11,12 Blk 40 First Addition to So. Okeechobee The property owner wishes to rezone the property from residential single family to commercial office in order to build a commercial office complex. Sincerely, Philip . Berger 10. — Intended use of the property Ref: Lots 10,11,12 Blk 40 First Addition to So. Okeechobee The intended use of the above referenced property is for commercial office. Sincerely, Phil Y. Berger 0 • Letter of Consent Re: Lots 10,11,12 Blk 50 First Addition to So. Okeechobee I Gerald A. Lefebvre hereby authorize Philip Y. Berger to act as agent on my behalf for the rezoning of the above referenced property. County ot Sworn to and subscribed before me this 174 day of e&AAC,,dosby lie r 0. 4 L 2 f peb u e who is personally known to me. JACQUELINE C. W1TT o Notary Public, Stag F my Comm, exp,_ Aida COMMNa, 19, 2005 pQ 003®74 Statement of Interest Ref: Lots 10,11,12, Block 40 First Additional to So. Okeechobee Dear Sirs: Please be advised that I am the 100% owner of the above referenced property. At # 6• 1° -c.:S9s1011 267686 near in w.&. 3-28-37-35-0050-00400-0050 O.M. @I Tat 028-38-4309 wa�Tmcy need ilia 1ft4Mtare, Made dk 7 th dar d LOUIS R. DeMICCO, 6fx 3Gi "L ( FOR RECORD OKEEt:);ra9EE CO. FL. 94MC-7 M :(O CL�(OF CIRCFow UIT COURT December, i! 94 Am.. Ratwees dsa ca" d Okeechobee . sow d Florida , s antor, ad GERAM LeFEBVRR, a married man, .Aa..adr.sbc414 NW 3rd Street, Okeechobee, Florida 34972 ddsasagat Okeechobee , Ladd Florida 0V1ntM VaiatSSdh era f oRAMMX 1W.4 i. a.arida�doa d da aaa d - - - - - - - - - - - - - - ------- - -`lER & N0/100($10.00)---------- DGUAIi ad asat pd ad wlaals eWsades Ia ORAMOR Y band rW b1 ORANTM da ni+ip be Y bwdpy adnools to r S+nL bupYd ad MW in d• W GRAN= ad GRAN En bads ad a.ipa fawn IM IoWrlaR haoed Ya/. a wook wn w bd.s r im sang d Okeechobee w. d Florida oo k Lots 5, 6, 11 and 12 of Block 40, FIRST ADDITION TO SOUTH OIOIECHOBEE, according to the plat thereof recorded in Plat Book 1, Page 27, public records of Okeechobee County, Florida. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 1994. The property herein co4nveyed DOES NOT constitute the RONESTEAD of Grantor. Grentork homestead address is not forth below. Odginianpry Ste/ �atd M the saidwd M K'" teftftGo" MA }. adMpaeirdassaas►S1feS saeastrare.a.Yr.d,w.f•�Iwda..a.pi.. YwOralla.d.Rraas .r�aa.a r. VwMW br b aa.ara sr bid bad ad ad rs dq and rat - list a►aa .den& h� iL LOUIS R. De![ICCO fXLAdd s Sn1S SM f/d L4M Otsadobas, rL MM 3a � tlan� +s 4d.o.u+d bad... rk 7th at December, 1994 by R�U.tr-tiaw»�a =, ,"wows„tWl cvaraeaolt3r N-.aaW.msX= T casisc�.T.P.t,asea.rlyaerarrra SVA ltAB COMELY O• I1iW-W OMMMur MOTARYa. wa�tt.36M uyoeM:nnr,ruauc - 12/12/96 This Document Prepared By and Return to: TOM W. CONELY, III, ESQUIRE CONBLY & CONRLY, P.A. 401 N.W. Gth STRERT POST OFFICR DRAIMR 1367 O&ERCHOBRE, FL 34973-1367 ParcdlDNumber. 3-28-37-35-0050-00400-0100 Warranty Deeds This Indenture, Made this oC 9 day of April 14ARTHA G. COMELY and MARTHA SUE VENSEL of the Canty of Okeechobee GERALD LEFEBVRE FILE HUM 2005009177 OR BK 00561 PG 0894 SHARON ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYt FL RECORDED 04/29/2005 04:42:49 Pli RECORDING FEES 10.00 DEED DOC 133.00 RECORDED BY H Anuez , 2005 A.D.. Between , state a Florida , grantors, and whose address is: 1910 South Parrott Avenue, Okeechobee, FL 34974 of the County of Okeechobee , Smte of Florida , grantm witnesseth that the GRANTORS, for and in consideration of the sum of -----------'-------------TEN DOLLARS ($10)----------------------- DOUI.ARS. and other good and valuable consideration in GRANTORS in hand paid by GRANTEE. the mcipt whereof is hereby acknowledged, lore ga cud, bargained and sold to the said GRANTEE and GRANTEES hell, successors and assws forever, the following described had, situate, lying and being in the County of Okeechobee state of Florida to wit Lot 10, Block 40, FIRST ADDITION TO SOUTH OKEECHOBEE, according to the plat thereof recorded in Plat Book 1, Page 17, public records of Okeechobee County, Florida. THE PROPERTY HEREIN CONVEYED DOES NOT CONSTITUTE THE HOMESTEAD PROPERTY OF GRANTOR. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 2004. and the grantors do hereby fatly warrant the title to said land, and vr'tl defend the same against lawful clam of all persons wimoraoever. In witness Whereof, the grantors have herermm set their hands and seals the day and year first above written Signed, sealed and delivereA in our presence: (S-l) EVA IQ C MELY MARTHA G. CO Witness P.O. Addttsa:2002 South Pan' Ott Avenue, Okeechobee, FL 34974 (seal) X. III MARTHA SUE VENSEL y t P.O. Address: 2002 South Parrott Aveno% Okeechobee. FL 34974 STATE OF Florida COUNTY OF Okeechobee j The foregoing instrument was ackmowkdged before me this G. f day of April , 2005 by MARTHA G. COMELY and rravmuA SUE VENSEL who an personally known tome or who have produced Heir Florida driver's license . "p EVANAECONeY. EVA MAE COMELY W COtNAOM i OD365751 Ek0'MNumber r1.2= Notary Public My cnamisiar Expires: 12 / 12 /0 8 CONELY-LEFEBVRE La G-Wyonbpk,s,um.•hc, moo tasrl•rar-ssss t;netawat NCC 11. Existing use of surrounding property owners East: Commercial office South: Vacant North: Commerical West: SW 2nd Avenue W a O 0 J LELAND DYALS R,l___,S, 2084 '-zn4 1 W. -�r6 Ave- Okeechobee, Fla. c� 0 uQ cu n FA 61, % n d O �L� 'Sc� Og °° 061. °zt. I (d) ,00'OST I '0a�� S� U? .� AI CLJ �r c� .y wo }' � p °�S� °`�lc�> pp. I (d) ,00'OSi p S� p0• 0 ' °�zs S� S� �s� �S 3NQRBLN3. 9`JS jIS� 00 S� 3Ad aN2 'A 'S CD Q 1 -6e X 9 Q t SCALE: 1" = 50' LOCATION: L- 10, 11, 12, B-40, FIRST ADDITION TO SOUTH ❑KEMVtME37-35 COMPUTED TOPOGRAPHICAL SURVEY FOR DATE' 05/24/05 BY: G E R A L D JOB NO.. - DRAWN RR LEFEBVRE DWG.NO.: BY: LIBRARY JN6221 SHEET NAME --.- -oninn_ OF r' I * I * PROPOSED DRY CONSTRUCT CONCRETE DETENTION AREA MITERED END SECTION PER FDOT INDEX NO. 273. INV. EL. 23.6 2WATERMAIN 26' DEEP INSTALL SILT FENCE (TYP). SEE DETAIL, SHEET 07 r TOP EL. 25.0 \ \ \ \ \ N PROPOSED 26.2 `0 DUMPSTER v SEE- DETAIL, a� S-2 SHEET 07 WOOD FENCE RBS r 20' W i W Lli i 26.2 CONSTRUCT CONCRETE 26.31 26.2 MITERED END SECTION PER FDOT INDEX NO. 273. INV. EL. 23.5 W C)26.8 26.6 26.5 w co d N o PROPOSED STOP SIGN > _ R1-1 (24" X 24") Q J 26.8 26.7 iv SEE DETAIL, SHEET 07 A04 J 26.2 26.8 M Z 26.6 26.5 CONSTRUCT CONCRETE N N o N Lo Li o Ci MITERED END SECTION o z x vi PER FOOT INDEX NO. 273. Vl YI Y 2g•g INV. EL. 23.3 R Q a 26.3 26.2 00 j o 0 2 pq m INSTALL a_ m LL: ri F- w CURB STOP 8 N ( ) < H 2496 V O1 0 26.2 TYP. 26.2 w d; a S-1 OI A �i U L6 o 20, 2' WATER❑ aMAIN o z T 26' DEEPF o 26.8 26.8 e 26.2 C3 L 87 SETBACK I RBF PROPOS D STOP SIGN R1 1 (2 " X 24") 25.4 SEE DE IL, SHEET 07 25.5 25.2 SOUTHWEST loth STREET Y U m m w m a DRAINAGE INLETS SEE DETAILS, SHEET 08 TYPE C S-1 GRATE EL. 25.5 N INV. EL. 23.0 TYPE C S-2 GRATE EL. 25.5 NE INV. FL. 22.2 S INV. EL. 22.5 TYPE C S-3 BUBBLE -UP GRATE EL. 23.5 SW INV. EL. 21.8 TYPE C CONTROL STRUCTURE WITH ALUMINUM POLLUTION S-4 RETARDING BAFFLE. GRATE EL. 25.6 BLEEDER EL. 23.5 W INV. EL. 23.5 SEE DETAIL, SHEET XX RBF PAVED AREA r_ tow 1375 Ja n Street, Suite 206 Fort MyW,Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(a),att. net Applicant: Philip Berger Owner: Gerald Lefebvre From: RSF-1 To: CPO Petition No. 05-014 R 0 0 Staff Report Rezoning Request General Information Applicant% Philip Berger Petition No. 05-014-R Applicant: Philip Berger Applicant Address: 1910 South Parrott Ave. Okeechobee, Fl Applicant Phone Number: 863-763-6411 Applicant Fax Number: 863-763-4569 Contact Person Philip Berger Owner: Gerald A. Lefebvre Existing Proposed Parcel ID 3-28-37-35-0050-00400-0050 & 3-28-37-35-0050-00400-0100 Future Land Use Map Classification Commercial None Zoning District RSF-1 CPO Use of Property Vacant Commercial Office Acreage 0.491 Access SW 2nd Ave. Location: SW 2ND AVE. Legal Description: LOTS 10, 11, AND 12 OF BLOCK 40, FIRST ADDITION TO SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA Request: The applicants for the property described above request that the zoning for the subject property be changed from Residential Single Family One (RSF-1) to Commercial Professional Office (CPO). Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Commercial Zoning District: RFS-1 and CLT Existing Land Use: Commercial East: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Law Office Staff Report Rezoning Request • Applicant% Philip Berger Petition No. 05-014-R South: Future Land Use Map Classification: Commercial Zoning District: RSF-1 and CHV Existing Land Use: Vacant West: Future Land Use Map Classification: Single Family Zoning District: RSF-1 Existing Land Use: In October of 2005, the subject property was reviewed by the Technical Review Committee for site plan approval. The owner intends to construct a 5,400 square foot office building on the site. The RSF-1 zoning on the property restricted the applicant from developing the site with a commercial use. Staff advised the applicant of the situation at which time this application was submitted to request a zoning district that would allow such uses. The surrounding existing land uses are mostly commercial. As such, the request to rezone the subject property will make the zoning consistent with the Future Land Use Classification of Commercial and will allow development that is compatible with the adjacent properties. 1. The proposed use is not contrary to Comprehensive Plan requirements. The proposed zoning and use is not contrary to the Comprehensive Plan requirements. Commercial uses are described as being offices, retail, automotive, wholesale and other related activities in the Comprehensive Plan. The applicant's request is consistent with the Commercial Future Land Use Category. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes, Section 20-222 (1) lists professional office, business office and medical office as permitted uses. The applicants intend to use the property as an office building and this is consistent with said Section. 3. The proposed use will not have an adverse effect on the public interest. No, the proposed CPO zoning and its accompanying use will not adversely affect the public interest. 2 Staff Report • Rezoning Request 0 Applicant% Philip Berger Petition No. 05-014-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. Yes, this use and zoning is appropriate for this location and is very compatible with the surrounding existing uses. 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 adversely affect property values or living conditions in the area. The proposed use will encourage other undeveloped lots to be improved. 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 Yes, the proposed use can be buffered and will have to meet City Code requirements for site design, landscaping and buffering. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed use is commercial so density is not an issue. The proposed use will be within a location designed to accommodate such uses. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No, the proposed use will not create an inordinate amount of traffic nor will it create flooding or drainage problems. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The proposed use should be able to develop within Code requirements and will not be 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. 3 Staff Report Rezoning Request • Applicant:. Philip Berger Petition No. 05-014-R No, by granting this request, the City will not be conferring any special privileges to the owner. Summary and Conclusions Prior to Certification The subject property is within an area which is developed with commercial uses. The proposed zoning and the accompanying use are compatible with the surrounding uses and consistent with the Comprehensive Plan. Therefore, based on the findings of this analysis, staff recommends approval of this application. Recommendation Staff recommends approval of the request to allow rezoning from RSF-1 to CPO permitting the applicant to construct an office building. Submitted by: James G. LaRue, AICP Planning Consultant November, 2005 M November 15, 2005 - Planning Board - Page 6 of 8 • IV. NEW BUSINESS, CONTINUED. B. Rezoning Petition No. 05-013-R, continued. C. Rezoning Petition 05-014-R. Consider a recommendation to the City Council to rezone Lots 10,11, and 12, Block 40, Fist Addition to South Okeechobee from Residential Single Family - One (RSF-1) to Commercial Professional Office (CPO). The subject property is located at the Northeast corner of Southwest 2nd Avenue and Southwest 20th Street. The property owner is Gerald Lefebvre, the applicant is Phillip Berger. VOTE BURROUGHS-YEA JOHNS - YEA FELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: In October of 2005, the subject property was reviewed by the Technical Review Committee for site plan approval. The owner intends to construct a 5,400 square foot office building on the site. The RSF-1 zoning on the property restricted the applicant from developing the site with a commercial use. Staff advised the applicant of the situation at which time this application was submitted to request a zoning district that would allow such uses. The surrounding existing land uses are mostly commercial. As such, the request to rezone the subject property will make the zoning consistent with the Future Land Use Classification of Commercial and will allow development that is compatible with the adjacent properties. Planning Staff Report Analysis: (A) The proposed zoning and use is not contrary to the Comprehensive Plan requirements. Commercial uses are described as being offices, retail, automotive, wholesale and other related activities in the Comprehensive Plan. The applicant's request is consistent with the Commercial Future Land Use Category. (B) Section 20-222 (1) lists professional office, business office and medical office as permitted uses. The applicants intend to use the property as an office building and this is consistent with said Section. (C) The proposed CPO zoning and its accompanying use will not adversely affect the public interest. (D) This use and zoning is appropriate for this location and is very compatible with the surrounding existing uses. (E) The proposed use and zoning will not adversely affect property values or living conditions in the area. The proposed use will encourage other undeveloped lots to be improved. (F) The proposed use can be buffered and will have to meet City Code requirements for site design, landscaping and buffering. (G) The proposed use is commercial so density is not an issue. The proposed use will be within a location designed to accommodate such uses. (H) The proposed November 15, 2005 - Planning Board - Page 7 of 8 IV. NEW BUSINESS, CONTINUED. C. Rezoning Petition 05-014-R, continued. Planning Staff Report Analysis, continued: use will not create an inordinate amount of traffic nor will it create flooding or drainage problems. (I) The proposed use should be able to develop within Code requirements and will not be burdened by unnecessary restrictions. (J) By granting this request, the City will not be conferring any special privileges to the owner. Planning Staff Report Summary and Conclusions Prior to Certification: The subject property is within an area which is developed with commercial uses. The proposed zoning and the accompanying use are compatible with the surrounding uses and consistent with the Comprehensive Plan. Therefore, based on the findings of this analysis, staff recommends approval of this application. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from RSF-1 to CPO permitting the applicant to construct an office building. Larry Feldman, surrounding property owner, explained that he lives directly across the street from the subject property. Mr. Feldman stated that Southwest 20' Street was not a developed street and that he was concerned with the possible impacts that may cause. Mr. Feldman explained that he was not opposed to the proposed rezoning, but that he was concerned with the possible traffic impacts that the development could have on the neighborhood. There was no further public comment, nor any Board discussion. Board Member Burroughs motioned to recommend to City Council to approve Rezoning Petition 05-014-R, changing the zoning from Residential Single Family - One (RSF-1) to Commercial Professional Office (CPO); seconded by Board Member McCoy. November 15, 2005 - Board - Paee 8 of 8 u IV. NEW BUSINESS, CONTINUED. C. Rezoning Petition 05-014-R, continued. V. ADJOURNMENT - Chairperson. VOTE BURROUGHS - YEA JOHNS - YEA 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 7:26 PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board with p.m. respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. ATTEST: Katrina Cook, Secretary William Ledferd, Chairperson • EXHIBIT 6 DECEMBER 6 2005 ORDINANCE NO. 923 AN ORDINANCE OF THE CITYOF OKEECHOBEE, FLORIDAAMENDING DIVISION FIVE SECTION 90-561 AND ADDING SECTION 90-573, REGARDING COMMERCIAL MURALS PROVIDING FOR REGULATION AND PERMITTING THEREOF, DESIGNATING PERMITTED ZONING DISTRICTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in the creation or erection of Commercial Signage within the City; and WHEREAS, the regulation of Commercial Signs includes signs defined as murals, including their size and placement; and WHEREAS, the City of Okeechobee possesses a public purpose for regulating a certain content of commercial message, but limited to regulating obscene, offensive or indecent depictions or messages; and NOW, THEREFORE, be ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, it is adopted and approved that Section 90-561 and Section 90-573, Land Development Regulations, is incorporated herein by reference, and hereby amended as follows: Section 1. Division 5. Signs. Section 90-561. Compliance with division provisions. Except as provided in this division Eevery sign erected on land, attached to a building, wall, fence, pole, tree or shrub, constructed, moved, replaced or substantially altered shall comply with the regulation of this division. Maintenance, repainting and changing copy shall not be considered a substantial alteration. Section 90-573. Murals. Murals shall be permitted on Commercial Central Business District or Industrial structures within the City. Murals which depict historical and cultural scenes, and which contain no commercial messages shall be developed in coniuction with, and under the guidance and supervision of Okeechobee Main Street Inc. and shall be governed by the provisions of Appendix F and are not subject to this Division. For purposes of this Section, "Murals" shall be defined as painted art forms on walls or similar building areas devoid of commercial messages. Art forms on walls or other external building areas which are not considered murals due to their commercial content are permitted in the City of Okeechobee, but shall be considered signs and the Provisions of Appendix F shall not apply. These signs shall be subject to Sections 90-561 90-562 90-563 and 90-565 and the following: La) The total area of signs subject to this Section shall not exceed 100 square feet; and No sign subject to this Section may contain any picture representation or message that the City considers obscene indecent or immoral, or may contain a picture representation or message that would be considered offensive to the values or sensibilities of the community, by virtue of the fact that such picture representation or Language underlined is to be added. Language stricken is to be deleted. Page 1 of 2 • message is gratuitous and does not enhance the historical cultural or commercial intent of the mural; and Lc) No sign subiect to this Section may be in such proximity to the road or right-of-way of the City, or displayed in such a manner, that it would unreasonably distract the operators of motor vehicles or raise public safety concerns. Section 2. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. Severability. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Section 4. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED forfirst reading and set for final public hearing on this 6t'day of December, 2005. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 3`d day of January, 2006. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language underlined is to be added. Language stfiekem is to be deleted. Page 2 of 2 NEW BUSINESS - ITEM G Presented by Eddie Trent and Zella Kirk These pictures were given to the Council to show them the flooding problems in the Southwest Section of the City of Okeechobee. � { yr"__�»� -tea •i Is t �. Q. il!� Aa �"� ��2::�'� WIN �� . •11'' �� ,s'. yrw -+.r • 'mow . 2 qt!p • ''•' r' of I T...t C 7A 44 A , i IF__ PI r 4 r,AIM r " ,, •may, ' , � � :•Jd3' r . t •:.s, ��:;�'±- �y� `� . �ki'�'• A S,:K�. ,L' v.'i��Y! ^��s�. � ;.J�'u�s"rf.�1 � � ,r.ts� •+ `�` A%��, r}.. y,Triij�• �` ?t rf fr �.- ��... �� ; f -I �•+� ram. �� - r Ffr%� sM . •, ' ��f j� ` '�.`l`a _ . ,,fir �� _ 't • iy +' � � r ,� r fe's 74W S1eU'd Hot Dogs 50 „N„ Sausage Available For Special Events And Promotions 4131 S.W. 9th Way 963 `1/L7 • 656j` 2 Okeechobee, FL 34974 George & Madalyn Dupont EXHIBIT 7 • DECEMBER 6, 2005 LARUE PLANNING & MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 . FAX: 239-334-6384 e-mail: larue-planning@att.net Memo To: Brian Whitehall, City Administrator From: James G. LaRue, AICP Date: November 28, 2005 Subject: 2006 Comprehensive Plan Amendment Cycle As your "contract" planner, I have been approached by applicants who wish to request major (larger than ten acres) Future Land Use Map Amendments for properties within the City of Okeechobee. I am recommending to the City Council that the City will accept such requests from December 2005 to February 27, 2006. This will allow staff to review such requests and also make narrative Comprehensive Plan Amendments in the spring of 2006. Additionally, if needed, there will be enough time to hold another major Comprehensive Plan Cycle for the fall of 2006. At the next Council meeting I would request the approval of the February 271h cut-off for the 2006 Comprehensive Plan Cycle. I have enclosed a tentative advertisement outlining the schedule for both Cycles in 2006. Additionally, many municipalities have adopted "pass through" ordinances for Future Land Use Map Amendments that allow the review time to be paid by the applicants for their specific projects. This has proven to be necessary because of the major staff time required to respond to DCA and the public on such major map revisions. If you should have any questions, please contact my offices. JGL: yr CITY OF OKEECHOBEE 2006 Comprehensive Plan Amendments (Cycle I and Cycle II Schedule) Notice is hereby given that the City of Okeechobee will be accepting applications for Large Scale Comprehensive Plan Amendments, including amendments to the Future Land Use Map (10 acres of more). If any person wishes to change the Future Land Use designation of property within the City limits, please have an application and all the w required documentation submitted to the General Services Coordinator at City Hall no o later than Monday, February 27th, 2006 by 4:00 p.m. The tentative schedule for Cycle I will be as follows: Monday, February 27, 2006 Tuesday, May 23, 2006 Tuesday, August 1, 2006 Application Deadline Planning Board Meeting City Council Meeting The tentative schedule for Cycle II will be as follows: Tuesday, August 28, 2006 Tuesday, October 24, 2006 Tuesday, December 5, 2006 Application Deadline Planning Board Meeting City Council Meeting If you have any questions regarding the application process or items to be included with the application, please contact Katrina Cook, General Services Coordinator at 863-763-3372, extension 218. • EXHIBIT 8 DECEMBER 6, 2005 MEMO To: Mayor, City Council Members, and Administrator Whitehall From: Donnie Robertson, Public Works Director VC Date: November 9, 2005 Subject: Dump Truck Bids Attached you will find a listing of the Dump Truck Bids received. I am recommending that you approve the Bid provided by Okeechobee Motor Company in the amount of $ 45,067.00 since they were the lowest bidder. Please feel free to contact me should you need any additional information. Thank you. • • Okeechobee Motor Company Bartow Ford Dump Truck Bids 2006 F-650 Dump Truck w/ Air Conditioning 2006 F-650 Dump Truck w/out Air Conditioning 2006 F-650 Dump Truck w/ Air Conditioning Heintzelman's Truck Center, Inc. Gator Ford $ 45,067.00 $ 45,236.00 $ 45,547.00 2006 F-650 Dump Truck w/ Air Conditioning (Automatic) $ 51,881.00 2006 F-650 Dump Truck w/ Air Conditioning (Manual) 2006 F-650 XL Dump Truck w/ Air Conditioning Atlantic Truck Center 2006 Ford F-750 Dump Truck w/ Air Conditioning $ 48,858.00 $ 45,339.00 $ 49,884.60 G November 8, 2005 - CEB Regular Meeting -Page 4 of 4 AGENDA CODE BOARD ACTION II 04-173 Geraldine Bertram Chp 30 Sec 30-43 Public 517 NW 15t` Street nuisances 05-089 Shannon Martin Chp 30 Sec 30-44 General 703 S. Parrott Avenue Cleaning & Beautification ADJOURNMENT - CHAIRPERSON WORLEY. PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any 16 decision made by the Code Enforcement Board 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. Tapes are for the sole purpose of backup for official records of the department. Mack Worley, Chairperson ATTEST: Sue Christopher, Secretary Code Officer Sterling testified the mobile home had been demolished but the debris had not been removed and he had received several complaints from neighbors who were worried about the debris causing damage to their property. Member Irby moved to recommend City Council would begin foreclosure proceedings on Case 404-173; seconded by Member Hancock. Worley - Yes Castorina - Yes Irby - Yes Montesi - Yes Sweda - Yes Revels - Yes Hancock - Yes Motion Carried Code Officer Sterling stated this case has been under a fine and was now in compliance. Member Montesi moved to find Case #05-089 was in violation and has now been found to be in compliance as of November 7, 2005; seconded by Member Irby. Worley - Yes Sweda - Yes Castorina - Yes Revels - Yes Irby - Yes Hancock - Yes Montesi - Yes Motion Carried There being no further items on the agenda Chairperson Worley adjourned the meeting at 8:30p.m. The next regular Code Board Meeting is scheduled for Tuesday, December 13, 2005. EXHIBIT 10 DECEMBER 6, 2005 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH THADDEUS L. COHEN, AIA Governor Secretary October 28, 2005 The Honorable James E. Kirk, Mayor City of Okeechobee 5 5 Southeast 3rd Avenue Okeechobee, Florida 34974 Dear Mayor Kirk: Governor Bush signed Senate Bill 360 (SB360) on June 24, 2005. SB360 makes several important amendments to Florida's Growth Management Act, including additional requirements that local governments must address in their comprehensive plans pertaining to the provision of schools, transportation, and capital improvements planning. The legislation also provides for regulatory relief to local governments that adopt an urban service boundary utilizing a visioning process. The purpose of this letter is to inform you that your local government is eligible for a non-competitive grant of $10,000 from the Department of Community Affairs (DCA). Your community is one of one hundred and twenty-six eligible communities because it has met selection criteria related to size, resident income level and projected growth rate. This technical assistance funding is available to help local governments implement the new planning requirements in S13360. If you choose to accept this grant, you will need to choose one of the three grant options the Department has identified. These options include the capital improvements element, transportation concurrency or visioning/urban service boundary. Please note that the Department will complete pilot projects and best practice documents related to the SB 360 requirements for capital improvement elements and visioning/urban service boundary. We intend on having best practice documents available by February, 2006. We will be producing best practices documents related transportation concurrency by May, 2006. Division staff will also be available to provide additional technical assistance as you develop your work products. We ask that you sign and return the enclosed contract to us by November 18, 2005 or let us know that you do not intend to accept this grant. We are committing approximately $1.45 million in direct grants this year to assist local governments like yours. While we cannot guarantee future grants to your local government, we will be requesting additional funding from the Legislature next year. Thank you for your interest, and please call Beth Frost at (850) 922-1752 if you have any questions. Sincerely, Valerie J. Hubbard, AICP Director, Division of Community Planning VJH/JQ/ptk cc: Mr. S. Lane Gamiotea 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: httpi//www.dea.state.fl.us- CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT Contract Number: STATE -FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department'), and Okeechobee, (hereinafter referred to as the 'Recipient'). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Department has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS RULES, REGULATIONS AND POLICIES Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end September 1, 2006, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (5) RECORDKEEPING (a) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Department or its designee, Comptroller, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department or its designee, Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non -expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. (b) The Recipient shall maintain all records, for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (c) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. 'Reasonable" shall be construed according to the 2 • circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under, this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. 'Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a nonstate entity as defined by Section 215.97, Fla. Stat., it shall comply with the following: In the event that the Recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat.; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local government entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a nonstate entity for Federal program matching requirements. 3 • In connection with the audit requirements addressed in this Paragraph 6(d) above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Fla. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, is not required. In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). Additional information on the Florida Single Audit Act may be found at the following website: http://www.state.fl.us/fsaa/statutes.htmI (e) Report Submission 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. Copies of financial reporting packages required under this Paragraph 6 shall be submitted by or on behalf of the Recipient directly to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [an electronic copy shall also be submitted to the above office] and Department of Community Affairs Division of Community Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 4 • The Auditor General's Office at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (f) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. (g) The Recipient shall have all audits completed in accordance with Section 215.97, Fla. Stat. by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. (7) REPORTS The Recipient shall provide such additional program updates or information as may be required by the Department. (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients and consultants who are paid from funds provided under this -Agreement, to ensure that time schedules are met, the Budget and Scope of Work is accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above ), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY. (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and shall hold the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity rel applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT. If any of the following events occur ("Events of Default"), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth in Paragraph (11), but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; (b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. (c) If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (11) REMEDIES. Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise any one or more of the following remedies, either concurrently or consecutively: 7 0 (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address set forth in Paragraph (13) herein; Agreement; (b) Commence an appropriate legal or equitable action to enforce performance of this (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1. requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; (e) Require that the Recipient return to the Department any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program; law; (f) Exercise any other rights or remedies which may be otherwise available under (g) The pursuit of any one of the above remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. (12) TERMINATION. (a) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject , to disclosure under Chapter 119, Fla. Stat., as amended. (b) The Department may terminate this Agreement when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Department contract manager for this Agreement is: Beth Frost, Senior Analyst Department of Community Affairs Division of Community Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: (850) 922-1752 Fax: (850) 488-3309 Email: beth.frost@dca.state.fl.us 9 0 .(c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Brian in At&all City AdYdnistratcr 55 Est 3rd Avmu,3 CaE�, Florida 34574 7.. ... • hl•1 •.��ga• •r- •• (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice .of the name, title and address of the new representative will be rendered as provided in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Department for review and approval prior to execution of the subcontract by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Each subcontractor's progress in performing its work under this Agreement shall be documented in the quarterly report submitted by the Recipient. For each subcontract, the Recipient shall provide a written statement to the Department as to whether that subcontractor is a minority vendor. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. 10 • (b) .In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A — Scope of Work Attachment B — Schedule of Deliverables Attachment C — Warranties and Representations (17) FUNDING/CONSIDERATION This is a fixed fee agreement. As consideration for performance of work rendered under this Agreement, the Department agrees to pay a fixed fee of up to $10,000.00. Payment will be made in accordance with the provisions of Attachment A (Scope of Work) and Attachment B (Schedule of Deliverables). An invoice shall be submitted with each deliverable which is in detail sufficient for a proper preaudit and postaudit thereof. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, all obligations on the part of the Department to make any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from the Department. (18) REPAYMENTS All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 11 • In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (19) VENDOR PAYMENTS. Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. (20) STANDARD CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable_ statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. 12 r � • • (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seg. , if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 0) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other 13 • material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (k) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (1) The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (21) STATE LOBBYING PROHIBITION. No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (22) COPYRIGHT. PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be 14 f sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (23) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (Remainder of this page left intentionally blank) 15 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. Recipient: Okeechobe BY: �2— Na nd title: James E. Kirk, Mayor Date: —November 15, 2005 -0-9.1.0-004is STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS L� Name and Title: Valerie J. Hubbard, Director Division of Community Planning Date: 16 • EXHIBIT —1 STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Implementation of Growth Management Initiatives Under SB 360, Department of Community Affairs, CSFA #52.033 - $10,000.00. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Activities are limited to those in the Scope of Work. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 17 Attachment A Scope of Work Recipient shall select one, and only one, of the following options by placing an "X° or check mark where indicated and signing below in the space provided. OPTION 1: Update the Capital Improvements Element to the comprehensive plan. (Chec ere) TASKS DELIVERABLES 1. Update population projections. 1. A schedule of capital 2. Determine future public facility improvements to meet adopted needs. levels of service standards. 3. Develop a process and 2. A draft update to the Capital schedule for annual updates to Improvements Element the Capital Improvements consistent with the requirements Element. of S6360. 4. Prepare an updated Capital Improvements Element. cipient Signature OPTION 2: Implement a concurrency management system. (Check here) DCA Signature TASKS DELIVERABLES Develop or update a concurrency 1. A draft plan amendment or management system to include evidence of existing policies tracking of both project and de needed to establish the basis for minimis impacts. It may be the concurrency management necessary for a local government to system. adopt appropriate text in their 2. A draft ordinance implementing comprehensive plan to establish the the concurrency management basis for a concurrency system with a proposed date for management system. adoption. 3. A written summary of how the local government intends to track projects. 4. A copy of the spreadsheet that will be used to track projects. Recipient Signature 18 DCA Signature OPTION 3: Conduct visioning exercise to develop a proposed comprehensive plan amendment identifying the Urban Services Boundary. (Check here) TASKS DELIVERABLES 1. Conduct one public workshop 1. Visual representations of the and two public meetings desired land use patterns and consistent with the visioning character of the community option in Senate Bill 360. during a 10-year planning 2. Prepare data and analysis timeframe. needed to establish the Urban 2. A draft plan amendment for the Services Boundary consistent 10-year financially feasible with SB 360. capital facilities plan for the area 3. Prepare a draft comprehensive within the Urban Services plan amendment incorporating Boundary. the vision and identifying the 3. A draft plan amendment Urban Services Boundary incorporating the vision and consistent with SB 360. identifying the Urban Services Boundary consistent with SB 360. Recipient Signature 19 DCA Signature . Attachment B Schedule of Deliverables Payments shall be made to the Recipient based on the election made by the Recipient in the Scope of Work and acceptance and approval of deliverables by the Department of Community Affairs according to the schedule below. Recipient may choose only one option as indicated by initialing where provided on Attachment A, Scope of Work. Deliverable Date Due Amount OPTION 1 1. Detailed workplan with schedule of Within 14 days of timeframes to complete work under contract execution $5,000.00 this option. 2. Draft schedule of capital improvements April 15, 2006 $4,000.00 to meet adopted levels of service standards. 3. Final schedule of capital improvements To meet adopted levels of service standards and draft update to the Capital Improvements Element consistent with the requirements of S13360. September 1, 2006 $1,000.00 OPTION 2 1. Detailed workplan with schedule of Within 14 days of timeframes to complete work under contract execution $5,000.00 this option. 2. Draft plan amendment or evidence April 15, 2006 $2,000.00 of existing policies needed to establish the basis for the concurrency management system. 3. a. Draft ordinance implementing the concurrency management system with a proposed date for adoption. b. Written summary of how the local government intends to track project and de minimis impacts. c. Copy of spreadsheet that will be used to track projects. OPTION 3 1. Detailed workplan with schedule of timeframes to complete work under this option. 2. Visual representations of the desired land use patterns and character of the community during a 10-year lifetime. 20 September 1, 2006 $3,000.00 Within 14 days of contract execution $5,000.00 April 15.2006 $2.000.00 3. a. Draft plan amendment for the 10-year financially feasible capital facilities plan for the area within the Urban Services Boundary. b. Draft plan amendment incorporating the vision and identifying the Urban Services Boundary consistent with SB360. September 1, 2006 $3,000.00 21 Attachment C Warranties and Representations Financial Management Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify adequately the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant. (6) Accounting records, including cost accounting records that are supported by source documentation. Competition. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of conduct. The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient. 22 Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from 8:00 a.m. until 5:00 p.m., Monday through Friday. Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 23 • Exn[B[T 11 DECEMBER 6, 2005 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH THADDEUS L. COHEN, AIA Governor Secretary November 2005 MEMORANDUM TO: All Sub -grantees for Public Assistance Disaster Relief Funding VIA: Frank J. Koutnik Deputy State Coordinating Officer for Recovery FROM: Gary Freerksen Acting State Public Assistance Officer SUBJECT: Disaster Relief Funding Agreement Enclosed is the original Disaster Relief Funding Agreement for Federal and State assistance Hurricane Wilma FEMA-1609-DR-FL. The funding agreement will provide funds for eligible disaster relief activities specifically described in approved Project Worksheets (PWs). Please print or type the name and title of the authorized agent with the address where the State is to submit official notices and payments under the Agreement on page 11, Article XXV, Notice and Contact. The authorized agent (also referred to as the Primary Agent) is the person responsible for signing all official documentation sent to us (request for payment, time extension requests, certification of Project Listings, etc.) and ensuring documentation is available for Final Inspection and audit. Enter the Authorized Agent again and designate an Alternate Agent in Article XXVI, Designation of Agent, also on page 11. See attached sample of page 11. FEMA-1609-DR-FL Hurricane Wilma 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: htti)://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT OLANDO DISASTER FIELD OFFICE 2796 Overseas Highway, Suite 212 2555 Shurnard Oak Boulevard 2555 Shumard Oak Boulevard 100 Sunport Lane Marathon, FL 33050-2227 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 Orlando, FL 32809 (305) 259-2402 (850) 488-2356 (850) 413-9969 (407) 858-4946 MEMORANDUM November 2005 Page Two Signature Authority: The person signing the Agreement should be the chief executive official for your organization: Mayor for cities and towns; Chairman of the Board of County Commissioners for counties; Chief Executive Officer of private nonprofit organizations; Agency Head or Secretary of State Departments. Please submit documentation verifying signature authority for all others. Documentation stating delegation of authority should be one of the appropriate examples listed below: 1. For counties, a board resolution or meeting minutes confirming the signature authority. 2. For cities, a city commission resolution, meeting minutes, or a copy of the page(s) from the city charter authorizing the signature. 3. For private nonprofit organizations, a copy of the page from your charter specifying the position authorized to sign contracts, a board resolution or meeting minutes authorizing signature. 4. For state agencies delegation of authority signed by the Secretary or Agency Head. The State of Florida Public Assistance Office is managing the current disasters in Orlando, Florida at the Disaster Field Office. Please forward the completed Agreement for Hurricane Wilma, FEMA-1609-DR-FL excluding all attachments to: Long Term Recovery Office 100 Sunport Lane Sunport Center Orlando, Florida 32809 ATTN: Gary Freerksen, Public Assistance Should you have any questions or need further information, please feel free to contact Ann Gomes, Applicant Support Coordinator, at (407) 858-2828 . DS/gf Enclosures FEMA-1609-DR-FL — Hurricane Wilma STATE OF FLORIDA Department of Community Affairs DISASTER RELIEF FUNDING AGREEMENT Agreement No. 06-WL-&K-07-57-00-820 CFDA No. 97.036 Subgrantee: Okeechobee, City Of FIPS No. 093-51200-00 This Agreement is between the State of Florida, Department of Community Affairs (hereinafter referred to as the "Grantee" and, the undersigned State Agency, political subdivision of the State, private nonprofit organizations, or federally recognized Indian Tribes or authorized tribal organizations (hereinafter referred to as the "Subgrantee"). This Agreement is based on the existence of the following facts and conditions: A. WHEREAS, Hurricane Wilma the event beginning October 21, 2005, and thereafter, had a devastating impact upon the State of Florida. The severity of the damage and losses resulted in a proclamation of emergency by the Governor in Executive Order 05-219. In consequence of the Event, the President of the United States on October 24, 2005, declared Emergency No. FEMA-1609-DR-FL in Brevard, Broward, Charlotte, Collier, Desoto, Glades, Hardee, Hendry, Highlands, Indian River, Lee, Martin, Miami -Dade, Monroe, Okeechobee, Osceola, Palm Beach, Polk, Sarasota and St. Lucie counties in the State of Florida Additional counties may be added to the declaration later. As a result, the Public Assistance Program was made available to eligible applicants in these Declared counties; and, B. WHEREAS, the FEMA-State Agreement dated November 1, 2005 between the State of Florida and the Federal Emergency Management Agency governing the use of such funds requires the State to share the costs eligible for federal financial assistance, and the State has undertaken to share those costs, as appropriated, with its Subgrantees; and, C. WHEREAS, the Grantee represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein and agrees to comply with all the requirements of this Agreement; and, D. WHEREAS, the Grantee receives these grant funds from the State of Florida and the federal government, and has the authority, under Section 252.373, Florida Statute to disburse these funds to the Subgrantees upon the terms and conditions hereinafter set forth; and, E. WHEREAS, a Budget Amendment has been prepared and is being considered to provide for the necessary funds and authority for this event. Under the Emergency Management Act, as amended, the Department has authority to administer federal financial assistance from the Federal Emergency Management Agency consequent to a presidential declaration of disaster. NOW, THEREFORE, the Grantee and Subgmntee, based upon the existence of the foregoing conditions, do further agree to the following: ARTICLE I. Definitions. As used in this Agreement, the following terms shall have the following meanings unless another meaning is specified elsewhere: A. "Eligible activities" are those activities authorized in the FEMA-State Agreement, and in the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended by Public Law 100- 707; 44 Code of Federal Regulations Part 206.35; and applicable policies of the Federal Emergency Management Agency. B. "FEMA-State Agreement" is the agreement dated November 1, 2005, between the Federal Emergency Management Agency and the State of Florida, for the Major Disaster No. FEMA-1609-DR-FL. ARTICLE II. Applicable Law. The parties agree to all the conditions, obligations, and duties imposed by the FEMA-State Agreement and all applicable state and federal legal requirements including, without any limitation on the generality of the foregoing, the requirements of 44 Code of Federal Regulations Parts 13 and 206, and the policies of the Federal Emergency Management Agency. ARTICLE III. Funding and Insurance. Grantee shall provide funds to the Subgrantee for eligible activities for the projects approved by the Grantee and the Federal Emergency Management Agency, as specified in the approved Project Worksheets. Allowable costs shall be determined as per 44 Code of Federal Regulations Parts 13 and 206, which shall be seventy five (75) percent of all eligible costs unless a higher percentage is approved. A. The approved Project Worksheets shall be transmitted to Subgrantee, and shall state the cumulative funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. Project Worksheets may obligate or deobligate funding, thereby amending the total funding for the project. The approved Project Worksheets shall document the total eligible costs and the total federal share of those costs, which shall be seventy five (75) percent of all eligible costs, unless a higher percentage is approved. Contingent upon an appropriation by the Florida Legislature, the Grantee may provide some portion of any nonfederal share for some subgrantees. As a condition of receipt of the federal funding; the Subgrantee agrees to provide any nonfederal share not paid by the Grantee. B. As a condition to funding under this Agreement, the Subgrantee agrees that the Grantee may withhold funds otherwise payable to Subgrantee from any disbursement to Grantee upon a determination by Grantee or Federal Emergency Management Agency that funds exceeding the eligible costs have been disbursed to Subgrantee pursuant to this Agreement or any other funding agreement administered by Grantee. C. As a further condition to funding under this Agreement, the Subgrantee agrees to procure insurance sufficient for the type or types of hazards for which the disaster was declared to cover any and all projects to be funded under this Agreement where insurance is available and reasonable. Subgrantee shall provide Grantee with a certificate of such insurance as a condition to funding under this Agreement. ARTICLE IV. Duplication of Benefits Prohibition. Subgrantee may not receive funding under this Agreement to pay for damage covered by insurance, nor may Subgrantee receive any other duplicate benefits under this Agreement. A. Subgrantee shall without delay advise Grantee of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. Subgrantee shall reimburse Grantee without delay for any duplicate benefits Subgrantee may receive from any other source for any damage identified on the applicable Project Worksheets for which Subgrantee has received payment from Grantee, to the extent of any such duplication. B. In the event that Grantee should determine that Subgrantee has received duplicate benefits, by its execution of this Agreement the Subgrantee gives Grantee or the Chief Financial Officer -Department of Financial Services of the State of Florida the authority to set off the sum of any such duplicate benefits by withholding it from any other funds otherwise due and owing to Subgrantee. ARTICLE V. Compliance with Environmental, Planning and Permitting Laws. Subgrantee shall be responsible for the implementation and completion of the approved projects described in the Project Worksheets in a 0 • manner acceptable to Grantee, and in accordance with applicable legal requirements. The contract documents for any project undertaken by Subgrantee, and any land use permitted by or engaged in by Subgrantee, shall be consistent with the local government Comprehensive Plan. Subgrantee shall ensure that any development or development order complies with all applicable planning, permitting and building requirements. Subgrantee shall engage such competent engineering, building, and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents. ARTICLE VI. Required Documentation, Reviews, and Inspections. Subgrantee shall create and maintain documentation of work performed and costs incurred on each project identified in a Project Worksheet sufficient to permit a formal audit comporting with ordinary, customary and prudent public accounting requirements. Upon the failure of Subgrantee to create and maintain such documentation, Grantee may terminate further funding under this Agreement, and Subgrantee shall reimburse to Grantee all payments disbursed earlier to Subgrantee, together with any and all accrued interest. A. Subgrantee shall submit the following documentation for Large Projects (the Large Project threshold for this declaration is $57,500), which can be found at www.floridapa.org 1. Request for Reimbursement 2. A Summary of Documentation, which shall be supported by original documents such as contract documents, invoices, purchase orders, and change orders; 3. A request for final inspection; 4. A signed Project Completion and Certification Report upon the completion of all projects; and 5. The Project Completion and Certification Report specified by Paragraph B of this Article. B. For all projects, Subgrantee shall state on the "Project Completion and Certification Report" that all work was performed in accordance with this Agreement and the requirements in each Project Worksheet, and shall state the date of completion. C. Grantee will inspect Small Projects by random selection, and will conduct the final inspections on Large Projects, to ensure that all work has been performed within the scope of work specified on the Project Worksheets. Costs not within the approved scope of work shall not be reimbursed. ARTICLE VII. Cost Sharing. The federal share of the eligible costs specified in the Project Worksheets under this Agreement shall be seventy five (75) percent of such costs, unless a higher percentage is approved, and the nonfederal share shall be the remaining amount. Payment of all or a specified portion of the nonfederal share of such costs is contingent upon a potential future State appropriation defining the apportionment of the nonfederal share. Administrative costs in addition to the Project Worksheets that are otherwise eligible under 44 Code of Federal Regulations Part 206.228and do not require matching funds may also be funded by FEMA. ARTICLE VIII. Payment of Costs. Grantee shall disburse the eligible costs to Subgrantee in accordance with the following procedures. A. Grantee shall disburse the federal and nonfederal shares of the eligible costs for Small Projects to Subgrantee as soon as practicable after execution of this Agreement and formal notification by the Federal Emergency Management Agency of its approval of the pertinent Project Worksheet. B. Grantee shall reimburse Subgrantee for the federal and nonfederal shares of the eligible costs for Large Projects as soon as practicable after Subgrantee has delivered the following documents to Grantee: 1. A Request for Reimbursement found at www.floridapa.org 2. A Summary of Documentation shall be supported by original documents such as contract documents, invoices, purchase orders, and change orders and is also available at 3 www.floridapa.org:; and, 3. A letter or notification certifying that the reported costs were incurred in the performance of eligible work. C. Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if Subgrantee meets the following conditions: 1. Subgrantee shall certify to Grantee that Subgrantee has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; 2. Subgrantee shall submit to Grantee the budget supporting the request; 3. Subgrantee shall submit a statement justifying the advance and the proposed use of the funds, and specifying the amount of funds requested; 4. Subgrantee shall submit a completed Request for Advance and Schedule of Projected Expenditures Forms which is also available at www.floridapa.org; and, 5. Subgrantee shall pay over to Grantee any interest earned on advances for remittance to the Federal Emergency Management Agency as often as practicable, and in any event not later than ten (10) business days after the close of each calendar quarter. D.Grantee may, in its discretion, withhold its portion of the nonfederal share of funding under this Agreement from Subgrantee if Grantee has reason to expect a subsequent unfavorable determination by the Federal Emergency Management Agency that a previous disbursement of funds under this Agreement was improper. ARTICLE IX. Final Payment. Grantee shall disburse the final payment to Subgrantee upon the performance of the following conditions: A. Subgrantee shall have completed the project; B. Subgrantee shall have submitted the documentation specified in Articles VI and VIII of this Agreement; C. In the case of Large Projects, the Grantee shall have performed the final inspection; D. In the case of Small Projects, the Project Listing and Certification shall have been reviewed by Grantee, or Grantee shall have performed a final inspection; and, E. Subgrantee shall have requested final reimbursement. ARTICLE X. Records Maintenance. The funding of eligible costs under this Agreement and the performance of all other conditions shall be subject to the following requirements, in addition to such other and further requirements as may be imposed by operation of law: A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," as codified in 44 Code of Federal Regulations Part 13, as amended; B. Office of Management and Budget Circular No. A-87, "Cost Principles for State and Local Governments," as amended; C. Office of Management and Budget Circular No. A-110, "Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations," as amended; and D. Office of Management and Budget Circular No. A-122, "Cost Principles for Non -Profit Organizations," 4 • as amended. E. Subgrantee will maintain all documentation concerning the projects funded under this Agreement until the occurrence of the following events, whichever is the later: 1. The completion of final inspection and final audit, and the final resolution of any issues identified in the same; or, 2. The expiration of five (5) years from the date of disaster closeout under this Agreement. F. Subgrantee shall make all documentation concerning the projects funded under this Agreement available and accessible to the Comptroller General of the United States, the Grantee, and the Federal Emergency Management Agency between 8:00 a.m. and 5:00 p.m. on weekdays other than official holidays. ARTICLE XI. Reimbursement of Funds If upon final inspection, final audit, or other review by Grantee, the Federal Emergency Management Agency or other authority determines that the disbursements to Subgrantee under this Agreement exceed the eligible costs, Subgrantee shall reimburse to Grantee the sum by which the total disbursements exceed the eligible costs within forty-five (45) days from the date Subgrantee is notified of such determination. ARTICLE XII. Audit. Subgrantee shall submit an Audit of Agreement Compliance to Grantee, and shall have an independent audit performed by a Certified Public Accountant if its total expenditures of federal financial assistance for the most recent fiscal year equal or exceed $500,000.00. A. Subgrantee will conduct the audit in accordance with the following requirements: 1. The standards established by the Comptroller General of the United States, as specified in the General Accounting Office Standards for Audit of Governmental Organizations, Programs, Activities and Functions; 2. The standards established by the American Institute of Certified Public Accountants; 3. The requirements of § 11.42, Florida Statute, and the Rules of the Auditor General; 4. The requirements of the Single Audit Act of 1984, Pub. L. 98-502, as amended, 31 U.S.C. §§ 7501- 7507, to the extent here applicable; and, 5. Office of Management and Budget Circular No. A-133, as amended, to the extent here applicable. B. The audit shall be identified by the serial contract identification number for this Agreement. If the Subgrantee is a private nonprofit organization, it shall submit an organization -wide audit. C. The audit shall be due not later than seven (7) months after the close of the fiscal year for Subgrantee except where Grantee and Subgrantee have mutually agreed upon another date. D. Subgrantee shall conduct such additional audits as Grantee or the Federal Emergency Management Agency may determine necessary to determine the adequacy, accuracy, and reliability of the internal procedures Subgrantee has in place to protect its assets and to ensure compliance with this Agreement. E. If this Agreement is closed out without an audit, Grantee may recover from Subgrantee any disallowed costs identified in an audit after such closeout. ARTICLE XIII. Noncompliance. If the Subgrantee violates this Agreement or any legislation, regulation, statute, rule or other legal requirement applicable to the performance of this Agreement, the Grantee may withhold any disbursement otherwise due Subgrantee for the project with respect to which the violation has occurred until the violation is cured or has otherwise come to final resolution. If the violation is not cured, Grantee may terminate this 5 Agreement and invoke its remedies under the Agreement as per Articles XVIII and XXIII of this Agreement. ARTICLE XIV. Nondiscrimination by Contractors. Subgrantee shall undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement, as per 44 Code Federal Regulatons Parts 7 and 16, and 44 Code of Federal Regulations Part 206.36. Subgrantee shall also be subject to the requirements in the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 Code of Federal Regulations Part 17. ARTICLE XV. Modification. The time for performance of this Agreement may be extended once unless the failure of Subgrantee to close out the project is caused by events beyond its control. A modification extending the time for completion of the project and any other modification shall be in writing, and shall take effect only upon execution by both parties. Modifications to any Project Worksheet to be funded under this Agreement may be requested by Subgrantee through Grantee, but the approval of any such modifications shall reside in the sole discretion of the Federal Emergency Management Agency. Any approved modification to a Project Worksheet shall be noted in an additional Project Worksheet version for the project. If otherwise allowed under this Agreement, any extension shall be in writing and shall be subject to the same terms and conditions as those set out in the initial Agreement. ARTICLE XVI. Time for Performance. Time shall be of the essence of this Agreement and of the performance of all conditions under it. Subject to any modification extending the time for the performance of this Agreement approved by Grantee or the Federal Emergency Management Agency, the time for the completion of emergency work shall be six (6) months from the date of the Presidential Declaration. For Large Projects the Summary of Documentation and the supporting documents identified in Article VI of this Agreement shall be submitted to the Grantee not later than sixty (60) days after the extension date of the last modification extending the Agreement. Subgrantee shall submit the completed Project Listing to Grantee not later than thirty (30) days from the completion of all work, or the approval of the Final Inspection by the Federal Emergency Management Agency, whichever is later. The time for the performance of this Agreement may be extended for cause by Grantee. Extensions shall not be approved for delays caused by lack of cost -share funding. If any extension request is denied, Subgrantee shall be reimbursed for eligible project costs incurred up to the latest approved date for timely completion. Failure to complete any project will be adequate cause for the termination of funding for that project. ARTICLE XVII. Contracts With Others. If the Subgrantee contracts with any other contractor or vendor for performance of all or any portion of the work required under this Agreement, the Subgrantee shall incorporate into its contract with such contractor or vendor an indemnification clause holding Grantee and Subgrantee harmless from liability to third parties for claims asserted under such contract. ARTICLE XVIII. Termination. Either of the parties may terminate this Agreement by notice in writing delivered to the address specified in Article XXV of this Agreement. Such termination shall take effect thirty (30) days after the date of such notice. Such termination shall not affect the rights, interests, duties or responsibilities of either of the parties or any allowable costs that have accrued as of the date of the notice of termination. ARTICLE XIX. Liability. Grantee assumes no liability to third parties in connection with this Agreement. Unless the Subgrantee is a governmental entity covered by § 768.28(5), Florida Statute, the Subgrantee shall be solely responsible to any and all contractors, vendors, and other parties with whom it contracts in performing this Agreement. Unless the Subgrantee is a governmental entity within the meaning of the preceding sentence, Subgrantee shall indemnify Grantee from claims asserted by third parties in connection with the performance of this Agreement, holding Grantee and Subgrantee harmless from the same. Also: A. For the purpose of this Agreement, the Grantee and Subgrantee agree that neither one is an employee or 6 u • agent of the other, but that each one stands as an independent contractor in relation to the other. B. Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal immunity, nor shall anything in this Agreement be construed as consent by either of the parties to be sued by third parties in connection with any matter arising from the performance of this Agreement. C. Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites are present in quantities within statutory and regulatory limitations, and do not require remedial action under any federal, state or local legal requirements concerning such substances. Subgrantee further represents that the presence of any such substance or any condition at the site caused by the presence of any such substance shall be addressed in accordance with all applicable legal requirements. ARTICLE XX. Reports. Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report Form conforming to the sample attached as Attachment E. The first Quarterly Report shall be due at such time as Subgrantee is notified. All subsequent Quarterly Reports shall be due no later than fifteen (15) days after each calendar quarter through final inspection. Quarterly Reports shall indicate the anticipated completion date for each project, together with any other circumstances that may affect the completion date, the scope of work, the project costs, or any other factors that may affect compliance with this Agreement. Interim inspections shall be scheduled by Subgrantee before the final inspection, and may be required by Grantee based on information supplied in the Quarterly Reports. Grantee may require additional reports as needed, and Subgrantee shall provide any additional reports requested by Grantee as soon as practicable. With respect to the Request for Advance or Reimbursement, the Summary of Documentation, and the Quarterly Reports, the contact for Grantee will be the State Public Assistance Officer. ARTICLE XXI. Standard Conditions. Subgrantee agrees to the following conditions: A. The performance and obligation of Grantee to pay under this Agreement is contingent upon an annual appropriation by the Legislature and is subject to any modification in accordance with Chapter 216, Florida Statute, and the disbursement to Grantee of federal funding in accordance with § 252.37(4), Florida Statute B. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre -audit and post -audit. C. Grantee may unilaterally terminate this Agreement for refusal by the Subgrantee or its contractors or subcontractors to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statute, that are made or received by Subgrantee or its contractors and subcontractors in connection with this Agreement. D. Subgrantee agrees that no funds disbursed to it under this Agreement will be used for the purpose of lobbying the Legislature or any of its members, any employee of the State of Florida, any Member of Congress, any officer or employee of Congress, or any employee of a Member of Congress, in connection with this Agreement or any modifications to this Agreement. E. Subgrantee certifies that it possesses the legal authority to receive the funds. F. Subgrantee agrees that responsibility for compliance with this Agreement rests with Subgrantee, and further agrees that noncompliance with this Agreement shall be cause for the rescission, suspension or termination of funding under this Agreement, and may affect eligibility for funding under future Subgrantee Agreements. G. If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Florida Statute 7 H. The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Subgrantee of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. 1. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. J. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq. , if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. K. With respect to any Subgrantee which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Subgrantee certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 20(h)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Subgrantee is unable to certify to any of the statements in this certification, such Subgrantee shall attach an explanation to this Agreement. In addition, the Subgrantee shall submit to the Department (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" for each prospective subcontractor which Subgrantee intends to fund under this Agreement. Such form must be received by the Department prior to the Subgrantee entering into a contract with any prospective subcontractor. L. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Subgrantee in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Subgrantee, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. M This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. N. The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE XXII. Term. This Agreement shall take effect upon its execution by both parties, and shall terminate upon approval of closeout by the Federal Emergency Management Agency, unless terminated earlier as specified elsewhere in this Agreement. Subgrantee shall commence project(s) specified by this Agreement without delay. ARTICLE XXIII. Events of Default. Remedies, and Termination A. Upon the occurrence of any one or more of the following events, all obligations of Grantee to disburse further funds under this Agreement shall terminate at the option of Grantee. Notwithstanding the preceding sentence, Grantee may at its option continue to make payments or portions of payments after the occurrence of any one or more such events without waiving the right to exercise such remedies and without incurring liability for further payment. Grantee may at its option terminate this Agreement and any and all funding under this Agreement upon the occurrence of any one or more of the following: 1. Any representation by Subgrantee in this Agreement is inaccurate or incomplete in any material respect, or Subgrantee has breached any condition of this Agreement or any previous agreement with Grantee and has not cured in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; 2. Subgrantee suffers any material adverse change in its financial condition while this Agreement is in effect, as compared to its financial condition as represented in any reports or other documents submitted to Grantee, if Subgrantee has not cured the condition within thirty (30) days after notice in writing from Grantee; 3. Any reports required by this Agreement have not been submitted to Grantee or have been submitted with inaccurate, incomplete, or inadequate information; or, 4. The monies necessary to fund this Agreement are unavailable due to any failure to appropriate or other action or inaction by the Congress, Legislature, Office of the Comptroller or Office of Management and Budget. B. Upon the occurrence of any one or more of the foregoing events, Grantee may at its option give notice in writing to Subgrantee to cure its failure of performance if such failure may be cured. Upon the failure of 9 Subgrantee to cure, Grantee may exercise any one or more of the following remedies: 1. Terminate this Agreement upon not less than fifteen (15) days notice of such termination by certified letter to the Subgrantee at the address specified in Article XXV of this Agreement, such notice to take effect when delivered to Subgrantee; 2. Commence a legal action for the judicial enforcement of this Agreement; 3. Withhold the disbursement of any payment or any portion of a payment otherwise due and payable under this agreement or any other agreement with Subgrantee; and, 4. Take any other remedial actions that may otherwise be available under law. C. Grantee may terminate this Agreement for any misrepresentation of material fact, for failure or non- performance of any Agreement condition or obligation, or for noncompliance with any applicable legal requirement. D. Any deobligation of funds or other determination by the Federal Emergency Management Agency shall be addressed in accordance with the regulations of that Agency. E. Upon the rescission, suspension or termination of this Agreement, the Subgrantee shall refund to Grantee all funds disbursed to Subgrantee under this Agreement. F. The venue of any action or proceeding by either Grantee or Subgrantee for enforcement of this Agreement or for adjudication of rights, interests, or duties of the parties to it shall lie in Leon County, State of Florida. G. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission, suspension or termination of this Agreement by Grantee shall not relieve Subgrantee of liability to Grantee for the restitution of funds advanced to Subgrantee under this Agreement, and Grantee may set off any such funds by withholding future disbursements otherwise due Subgrantee under this Agreement or any other Agreement until such time as the exact amount of restitution due Grantee from Subgrantee is determined. In the event the Federal Emergency Management Agency should deobligate funds formerly allowed under this Agreement or under any other Agreement funded by the Agency and administered by Grantee, then Subgrantee shall immediately repay such funds to Grantee. If the Subgrantee fails to repay any such funds, then Grantee may recover the same from funding otherwise due Subgrantee. 10 Subgrantee: Disaster #: 1609 ARTICLE XXIV. Attachments. A. All attachments to this Agreement if any are incorporated into this Agreement by reference as if set out fully in the text of the Agreement itself. B. In the event of any inconsistencies between the language of this Agreement and the Attachments to it if any, the language of the Attachments shall be controlling, but only to the extent of such inconsistencies. Note: All other grant administrative and electronic forms will be provided by Grantee as necessary or posted on the Department of Emergency Management website: www.floridapa.org. ARTICLE XXV. Notice and Contact. All notices under this Agreement shall be in writing and shall be delivered by Internet, by telefacsimile, by hand, or by certified letter to the following respective addresses. FOR THE GRANTEE: W. Craig Fugate, Director Division of Emergency Management Department of Community Affairs 2555 Shumard Oak Blvd Tallahassee, Florida 32399-2100 FOR THE SUBGRANTEE: James h. Kirk Mayor t'; ry �f okPPC'h(ShPP 55 SE 3rd Avenue _Okeechobee FL 34974 ARTICLE XXVI. Designation of Agent. Subgrantee hereby designates Br i an Whitehall as its primary agent, and designates _ India Riedel as its alternate agent, to execute any Request for Advance or Reimbursement, certification, or other necessary documentation. IN WITNESS HEREOF, the Grantee and Subgrantee have executed this Agreement: FOR THE GRANTEE: DEPARTMENT OF COMMUNITY AFFAIRS, State of Florida, By: W. Craig Fugate, Director Division of Emergency Management (Date) Public Assistance Program FOR THE SUBGRANTEE• James E. Kirk (Printed Name) (Signed Name) _Mayor (Title) (Date) 59-600039 Federal Employer Identification Number (FEIN) 11 • 0 Item Added to 12/6/05 Agenda Exhibit 12 Please consider this item to be added to the 12/6/2005 Agenda, under new business, prior to the Executive Session: Motion to instruct Attorney Cook to draft the appropriate ordinance extending the reversionary time frame for adopted Ordinance No. 842. Background Information: Ordinance No. 842 was adopted November 18, 2003. This ordinance closed both the East to West and North to South alleyways within Block 109, City of Okeechobee. Property owners, Paul and Marilyn Buxton. The ordinance contained the reversionary clause language, requiring that a Certificate of Occupancy be obtained within 24-months of the adoption of the ordinance. However, as we are all aware, the entire building was destroyed during the 2004 Hurricane Season delaying this project. The owners were contacted by the Clerk's Office to ask the status of the project and whether or not an extension would be needed. Mr. Buxton submitted a letter requesting the extension. Due to the ordinance expiring prior to the next available meeting, Attorney Cook was able to draft an emergency proclamation that temporarily extended the reversionary clause time frame. However, an ordinance needs to be considered to extend the reversionary clause for an additional 12-months. Attachments: Ordinance No. 842. Emergency Proclamation. Buxton Letter. Thank you, Lane Gamiotea, City Clerk • ORDINANCE NO. 842 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAY'S LOCATED IN BLOCK 109, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RETAINING A RIGHT OF REVERSION; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application (No. 70) from Paul and Marilyn Buxton for the closing of certain alleys 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 alleys or alleyways described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: That 15 foot alleyway lying between Lots 3 and 10 and Lots 4 through 9, Block 109 City of Okeechobee and that 20 foot alley lying between Lots 1 through 3 and Lots 10 through 12, Block 109, City of Okeechobee. mx'+ C3rr ;0 0 Section Two. In the event that the said property owner fails to obtain within twenty- _� 3 four months hereof a certificate of occupancy for their future �o development, then said alley shall be declared open and the m�- provisions of this ordinance declared null and void. wo w �To Section Three. The City Clerk shall cause a certified copy of the ordinance to be �x recorded in the public records of Qkeechobee County, Florida.. O Vs_ v�-v= Section Four. This ordinance shall be set for final public hearing the 18' day of November, 2003, and shall take effect upon the recording of all easements to Florida Power and Light Company, Sprint -Florida, Inc., o Telesat Acquisition Limited Partnership commonly knows as "Adelphia a-' Tg- Cable" and the Okeechobee Utility Authority, recorded in the public i; rn records of the Clerk of Circuit Court, Okeechobee County, Florida. mo Page 1 of 2 r w C� -t P ,D r a 3 INTRODUCED for first reading and set for final public hearing this 21" day of October. 2003. James E. Kirk, Mayor rT, _ JATTESt ' Lane Gamiotea, g1ty Clerk PASSED and ADOPTED on second and final public hearing this 181 day of November, C 1 1� `V'•1I %y' G o ' ATTEST:- James E. Kirk, Mayor 'Lane Gamiot a; City Clerk REVIEWED FOR LEGAL SUFFICIENCY: , John R. Cook, City Attorney Page 2 of 2 • .. I.- C b. M i; W =LLJ '0 da W W =1�1 01 =_a = Ll )�Ce _C era 0—t C=3 =o� i--' W —s;% 25 —nL�Ce � C1 1 �.'W �Wcc W C) ,,_, w —o v)COuj C-, +- W a W W n� U. c--oLo rartZ: N WW0 _LL) U-coC11- EMERGENCY PROCLAMATION by Order of the Mayor WHEREAS, the City of Okeechobee by action of the City Council has adopted Ordinance No. 842; and WHEREAS, said Ordinance by its terms is due to expire and cause a reverter of certain alleys or streets closed by such Ordinance, the date being November 19, 2005; and WHEREAS, the City Council will not meet prior to this date to address Ordinance No. 842 and it is in the best interest of the City to not permit the Ordinance to expire; and WHEREAS, the City Clerk shall cause this Emergency Proclamation to be recorded in the public records of Okeechobee County, Florida. THEREFORE, pursuant to the authority of the Office of the Mayor as set forth in Article IV of the Charter of the City of Okeechobee, I, James E. Kirk, Mayor, do hereby by proclamation extend the expiration date of Ordinance No. 842 to December 31, 2005 and order the matter set for review by the City Council at its next . reguarly scheduled meeting of December 6, 2005, 6:00 p.m., dated this 15t' day of November, 2005. ATTEST: Lane Gamiot a, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney OPPt �` y. ` J 11 o Northeast 5th Street Okeechobee, FL 34972 Phone 863-763-1994 Fax 863-763-8134 Tami(y Owned and Operated Since 198o Paul M. Buxton, LF.D. Marilyn A. Buxton Matthew P. Buxton, LF.D. Timothy M. Buxton, LF.D. Aft j SELE= wNFxnd� HomesO E rtxtolt FUNERAL HOME and CREMATORY 'Caring Tor T ie Dead... Serving ire f-Mng" Where Ministry Comes First Oc November 15, 2005 Lane Gameiota City Clerk City of Okeechobee Building and Zoning Dear Lane: a M 11q2865C.0� Nov J 5 In reference to ordinance #842, regarding the reversionary clause to close an alley way, please be advised of the following: Due to the Hurricanes and dealing with the finality of the insurance claims, Buxton Funeral Home has not yet been able to break ground on our new building. As a result, I have been in contact with Close Construction and am hereby requesting an extension of 12 months. Please understand between the above and severe health issues that I've encountered since the hurricanes of last year, this matter has been totally out of my control. I thank you for anything that you can do to grant this extension. Sincerely, 0 Paul M. Buxton • FORM 86 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME —MIDDLE NAME I NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: CITY COUNTY CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: Ckeechcbm CNeackicbm City OF Aaee� DATE ON WHICH VOTE OCCURRED MY POSITION IS: apt- 6. ?r- X ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officers father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 813 - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, _ Dowling R. Watford, Jr. , hereby disclose that on I Deomber 6 2oO5 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of, whom I am retained; or by X inured to the special gain or loss of 0M8Jxbee Ford Motor O.jV= , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: If�n.nu.a • is Date Filed Z/ Signa ure NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 1/2000 PAGE 2 • 0 FORM 8131 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME -MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE MR-Idw, Fesme,. citv QaL21 MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 401 Sq* eas't 8th Street WHICH I SERVE IS A UNIT OF: IXCITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: Ckeectibbee CkeecbbbE12 DATE ON WHICH VOTE OCCURRED MY POSITty ION IS: 12/6/05 10 ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, Pa3me Lowry marks-Em , hereby disclose that on Deomber 6 2005 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Own Pity within the SU1X11v3-s1a1 of Brmb ood Dst t Deomber 6, 2005 Date Filed by which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2