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2006-01-03 Regular Meeting
43n ,OF°k o ti LL 0 I. CALL TO ORDER - Mayor: January 3, 2006 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation by Pastor Dr. Edward Weiss, Church of Our Saviour; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson 1V. MINUTES - City Clerk. CITY OF OKEECHOBEE JANUARY 3, 2006 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION Mayor Kirk called the January 3, 2006 Regular City Council Meeting to order at 6:08 p.m. The Invocation was offered by Pastor Dr. Edward Weiss of the Church of Our Saviour; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present PAGE 1 OF 17 1 A. Motion to dispense with the reading and approve the Summary of Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the December 6, 2005 Regular Meeting. December 6, 2005 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. JANUARY 3, 2006 - REGULAR MEETING - PAGE 2 OF 17 V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda agenda. 11 Public Hearing Items F and G and New Business Item D were deferred until the January 17, 2006 Meeting. VI. OPEN THE PUBLIC HEARING FOR CONSIDERATION OF A PROPOSED MAYOR KIRK OPENED THE PUBLIC HEARING FOR CONSIDERATION OF A PROPOSED SUBDIVISION, SUBDIVISION, PROPOSED REZONINGS AND PROPOSED PROPOSED REZONINGS AND PROPOSED COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENTS COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENTS - Mayor. AT 6:13 P.M. A.1. a) Motion to remove from the table, a motion by Council Members Council Member Watford moved to remove from the table, a motion by Council Members Watford and Chandler to Watford and Chandler to approve the final plat of the Replat of approve the final plat of the Replat of Brentwood Estates; seconded by Council Member Chandler. Brentwood Estates - City Administrator (Exhibit 1). Council Member Markham advised that he would be abstaining from voting on this item since he is a property owner within the subdivision. b) Vote on motion to remove matter from the table. VOTE KIRK - YEA MARKHAM - ABSTAINED* WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. C) 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 9' 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. 431 432 JANUARY 3, 2006 - REGULAR MEETING - PAGE 3 OF 17 VI. PUBLIC HEARING CONTINUED. A. 1. c) Public comments and discussion continued. 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 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. The Technical Review Committee (TRC) reviewed the Re -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 revised plat at the October 4, 2005 meeting. Council noted 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. City Council tabled the approval of the Revised Plat of Brentwood Estates at the December 6, 2005 meeting. Attorney John Cassels was present to represent Mr. and Mrs. Armstrong, owners of Lot 1, Brentwood Estates. He proceeded to explain that the replat is in violation of the Florida Statues being: 1) Brentwood Acres, LLC. does not own all of the property within the Subdivision re -plat, the lots were sold after the initial plat was approved; 2) The revised front setbacks would cause Lot 1 to be non -conforming; as well as other lots who have already begun construction. One solution was to only assign the new front set backs to those lots that have not begun construction. This solution is against Florida Statutes as well. 3) As of December 23, 2005, Brentwood Acres, LLC., is no longer established, so therefore there is no authority for the developer to transact business. Administrator Whitehall concurred that the replat is erroneous, and that the City has been accommodating with no prevail. South Florida Water Management is continuing to address the flooding issues for adjoining properties to the North. The developer has also made some progress since the December 5, 2005 meeting, including but not limited to, installing all the appropriate swales within the development. Attorney Cook agreed with Mr. Cassels findings and recommended that the Council not approve the Re -plat. d) Vote on motion. VOTE KIRK - No MARKHAM - ABSTAINED* WILLIAMS - No CHANDLER - NO WATFORD - NO MOTION DENIED. JANUARY 3, 2006 - REGULAR MEETING - PAGE 4 OF 17433 VI. PUBLIC HEARING CONTINUED. B.1. a) Motion to read by title only, proposed Ordinance No. 920, regarding Council Member Watford moved to read by title only, proposed Ordinance No. 920 regarding Rezoning Application Rezoning Application No. 05-012-R, submitted by Jamie Gamiotea, No. 05-012-R, submitted by Jamie Gamiotea, to rezone an unplatted 3-acre parcel of land located in the Southeast to rezone an unplatted 3-acre parcel of land located in the section, from H to RSF-1; seconded by Council Member Williams. Southeast section, from Holding to Residential Single Family-1 - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 920 by title only. Mayor Kirk 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 FAMILY -ONE (RSF-1) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2..a) Motion to adopt proposed Ordinance No. 920. (Planning Board Council Member Markham moved to adopt proposed Ordinance No. 920; seconded by Council Member Chandler. IIIrecommends approval) b) Public comments and discussion. This Ordinance amends the Zoning designation from H to RSF-1 for a vacant 3-acre unplatted parcel of land located at 1109 Southeast 9 ' Drive. The application was submitted by Jamie Gamiotea on behalf of property owners, Raul and Kathey Gamiotea. City Planning Consultant, Jim LaRue reviewed the application with the Council: The Planning Staff and Planning Board are recommending approval based on the following criteria: (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. (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 434 JANUARY 3, 2006 - REGULAR MEETING - PAGE 5 OF 17 VI. PUBLIC HEARING CONTINUED. B. 2. b) Public comments and discussion continued. (H) continued: 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 Watford was concerned with the access to the property and the streets and whether the property owners can force the City to create a right-of-way. In response, there is an ingress and egress for access to the property and streets, as stated by Clerk Gamiotea, and Attorney Cook assured Council Member Watford that the property owners would be responsible to create the right-of-way. Clerk Gamiotea reported that eight notices were sent to the surrounding property owners with only one property owner responding in favor of the rezoning. The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. The ordinance was advertised in the Okeechobee News on December 22, 2005. 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. C.1. a) Motion to read by title only, proposed Ordinance No. 921, regarding Council Member Watford moved to read by title only, proposed Ordinance No. 921, regarding Rezoning Application Rezoning Application No. 05-013-R, submitted by Devin Maxwell, to No. 05-013-R, submitted by Devin Maxwell, to rezone an unplatted 15.44-acre parcel of land located in the Southwest rezone an unplatted 15.44-acre parcel of land located in the section, from H to RSF-1; seconded by Council Member Williams. Southwest section, from Holding to Residential Single Family-1 - City Planning Consultant (Exhibit 3). VOTE b) Vote on motion to read by title only. 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 (H) HOLDING ZONING DISTRICT TO RESIDENTIAL SINGLE FAMILY -ONE (RSF4) ZONING DISTRICT; AMENDING THEZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 1 JANUARY 3, 2006 - REGULAR MEETING - PAGE 6 OF 17 VI. PUBLIC HEARING CONTINUED. C. 2. a) Motion to adopt proposed Ordinance No. 921. (Planning Board Council Member Markham moved to adopt proposed Ordinance No. 921; seconded by Council Member Chandler. recommends approval) 11 b) Public comments and discussion. This Ordinance amends the Zoning designation from H to RSF-1 for unplatted vacant property located between Southwest 911 Street, 10`h Avenue and 15" Street. The application was submitted by Devin Maxwell on behalf of property owner, Frank Altobello, Trustee. City Planning Consultant, Jim LaRue reviewed the application with the Council: The Planning Staff and Planning Board are recommending approval based on the following criteria: (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. There was a brief discussion. Council Member Watford wants the staff to be well aware of the drainage situation in this area and ensure adequate retention areas are addressed during the platting process. Mr. J. A. Tootle addressed the Council to inquire of the location regarding the property being discussed. Clerk Gamiotea reported that one hundred seven notices were sent to the surrounding property owners with several responses in writing which were copied for the Council in Exhibit Three. The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. The ordinance was advertised in the Okeechobee News on December 22, 2005. 435 436 JANUARY 3, 2006 - REGULAR MEETING - PAGE 7 OF W VI. PUBLIC HEARING CONTINUED. C. 2. b) Public comments and discussion continued. The November 15, 2005 Planning Board Minutes were corrected to show the abstaining vote of Devin Maxwell. (There III is a conflict of vote form filed in the Clerk's Office). 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. D.1. a) Motion to read by title only, proposed Ordinance No. 922, regarding Council Member Watford moved to read by title only, proposed Ordinance No. 922, regarding Rezoning Application Rezoning Application No. 05-014-R, submitted by Gerald Lefebvre, No. 05-014-R, submitted by Gerald Lefebvre, to rezone Lots 10 through 12 of Block 40, First Addition to South to rezone Lots 10 -12 of Block 40, First Addition to South Okeechobee, from RSF-1 to CPO; seconded by Council Member Williams. Okeechobee, from Residential Single Family-1 to Commercial Professional Office - City Planning Consultant (Exhibit 4). b) Vote on motion to read by title only. VOTE 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 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) Motion to adopt proposed Ordinance No. 922. 111 Council Member Markham moved to adopt proposed Ordinance No. 922; seconded by Council Member Williams. b) Public comments and discussion. This Ordinance amends the Zoning designation on Lots 10 through 12 of Block 40, First Addition to South III Okeechobee, for vacant property located in the 1900 Block of Southwest 2"d Avenue from RSF-1 to CPO. The application was submitted by Phillip Berger on behalf of property owner, Gerald Lefebvre. JANUARY 3, 2006 - REGULAR MEETING - PAGE 8 OF 17 437 VI. PUBLIC HEARING CONTINUED. D. 2. b) Public comments and discussion continued. City Planning Consultant, Jim LaRue reviewed the application with the Council: 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. (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. Clerk Gamiotea reported that twenty-five notices were sent to the surrounding property owners with no response. The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. The ordinance was advertised in the Okeechobee News on December 22, 2005. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. E.1. a) Motion to read by title only, proposed Ordinance No. 923, amending Council Member Watford moved to read by title only, proposed Ordinance No. 923, amending Code Book, Land Code Book, Land Development Regulations Section 90-561 Signs, Development Regulations Section 90-561 Signs, Compliance with Division and adding Section 90-573 Murals; Compliance with Division and adding Section 90-573 Murals - City seconded by Council Member Chandler. Planning Consultant (Exhibit 5). b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. 438 JANUARY 3, 2006 - REGULAR MEETING - PAGE 9 OF 17 VI. PUBLIC HEARING CONTINUED. E.1. 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." 2. a) Motion to adopt proposed Ordinance No. 923. (Land Planning Council Member Markham moved to adopt proposed Ordinance No. 923; seconded by Council Member Chandler. Agency recommends approval) b) Public comments and discussion. 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. F.1. a) Motion to read by title only, proposed Ordinance No. 924, regarding THIS ITEM WAS DEFERRED UNTIL JANUARY 17, 2006 CITY COUNCIL MEETING. Comprehensive Plan Future Land Use Map Amendment Application No. 05-013-SSA, submitted by Rick Surface to re -designate Lots 1- 2 of Block 31, Okeechobee, from Single Family to Multi -Family - City Planning Consultant (Exhibit 6). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 924 by title only. 2. a) Motion to adopt proposed Ordinance No. 924. (Land Planning Agency recommends approval) b) Public comments and discussion. c) Vote on motion. JANUARY 3, 2006 - REGULAR MEETING - PAGE 10 OF 17 439 VI. PUBLIC HEARING CONTINUED. G.1. a) Motion to read by title only, proposed Ordinance No. 925, regarding THIS ITEM WAS DEFERRED UNTIL JANUARY 17, 2006 CITY COUNCIL MEETING. Future Land Use Map Amendment Application No. 05-014-SSA, submitted by Stepping Stones Day Care Center to re -designate Lots 7 -12 of Block 181, Okeechobee, from Single Family to Multi - Family - City Planning Consultant (Exhibit 7). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 925 by title only. 2. a) Motion to adopt proposed Ordinance No. 925. (Land Planning Agency recommends approval) b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. Vll. NEW BUSINESS. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 7:07 P.M. A.1. a) Motion to read by title only and set January 17, 2006 as a final Council Member Watford moved to read by title only and set January 17, 2006 as a final Public Hearing date, for Public Hearing date, for proposed Ordinance No. 926, regarding proposed Ordinance No. 926, regarding Rezoning Application No. 05-015-R, submitted by Leland Dyals, to rezone Rezoning Application No. 05-015-R, submitted by Leland Dyals to Lots 1 and 2 of Block 182, Okeechobee, from RMF to CHV; seconded by Council Member Williams. rezone Lots 1-2 of Block 182, Okeechobee, from Residential Multiple Family to Heavy Commercial - City Planning Consultant (Exhibit 8). 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. MCI VII. NEW BUSINESS CONTINUED. A. 1. c) City Attorney to read proposed Ordinance No. 926 by title only 2. a) Motion to approve the first reading of proposed Ordinance No. 926. b) Discussion. c) Vote on motion. JANUARY 3, 2006 - REGULAR MEETING - PAGE 11 OF 17 Attorney Cook read proposed Ordinance No. 926 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 MULTIPLE FAMILY (RMF) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." Council Member Markham moved to approve the first reading of proposed Ordinance No. 926; seconded by Council Member Chandler. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. This Ordinance amends the Zoning designation on Lots 1 and 2 of Block 182, Okeechobee, for property located at 304 Southwest 31 Avenue from RMF to CHV. The application was submitted by property owner Leland Dyals, City Planning Consultant, Jim LaRue reviewed the application with the Council. The Planning Staff and Planning Board are recommending approval based on the following criteria: (A) The proposed CHV zoning and its accompanying use are not contrary to the Comprehensive Plan requirements. (B) Section 90-282(1) allows professional offices within the CHV Zoning District. (C) The CHV zoning and office use will not adversely affect the public interest. (D) Surrounding uses show compatibility with existing uses allowed under this zoning district. (E) If approved, the proposed use and zoning will not deter the improvement or development of adjacent properties. (F) The site is already developed. All buffering requirements were met during the Site Plan review phase. (G) The property is already developed and has not overburdened public facilities nor is it expected to in the future. (H) The use will not create traffic, flooding or drainage problems. (1) The use has not been inordinately burdened by unnecessary restrictions. (J) Special privileges will not be conferred on the applicant as a result of granting this request. There was a brief discussion on this matter. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. 1 1 1 VII. NEW BUSINESS CONTINUED. B.1. a) Motion to read by title only and set January 17, 2006 as a final Public Hearing date, for proposed Ordinance No. 927, regarding Rezoning Application No. 05-016-R, submitted by Daniel B. Creech to rezone Lots 9-11 of Block E, Wrights Third Addition, from Industrial to Residential Single Family-1 - City Planning Consultant (Exhibit 9). b) Vote on motion to read by title only and set final public hearing date. C) City Attorney to read proposed Ordinance No. 927 by title only 2. a) Motion to approve the first reading of proposed Ordinance No. 927 b) Discussion. JANUARY 3, 2006 - REGULAR MEETING - PAGE 12 OF 17441 Council Member Watford moved to read by title only and set January 17, 2006 as a final Public Hearing date, for proposed Ordinance No. 927, regarding Rezoning Application No. 05-016-R, submitted by Daniel B. Creech to rezone Lots 9 through 11 of Block E, Wrights Third Addition, from IND to RSF-1; seconded by Council Member Williams. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 927 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 INDUSTRIAL (IND) ZONING DISTRICT TO RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." Council Member Markham moved to approve the first reading of proposed Ordinance No. 927; seconded by Council Member Chandler, This Ordinance amends the Zoning designation on Lots 9 through 11 of Block E, Wright's Third Addition, for property located at 302 Southeast 10t' Avenue from IND to RSF-1. The application was submitted by property owner Daniel B. Creech. City Planning Consultant, Jim LaRue reviewed the application with the Council. The Planning Staff and Planning Board are recommending approval based on the following criteria: (A) The Single Family land use category allows single family uses at a density of 4 du/ac. The existing use is not contrary to the Comprehensive Plan requirements. (B) Section 90-102(1) allows a single family dwelling as a permitted use in the RSF-1 Zoning District. (C) The use is existing and will not have an adverse effect on the public interest. (D) The use is appropriate for the location and compatible with the surrounding uses. (E) The proposed zoning and use will not adversely affect property values. (F) The existing use will not be required to be buffered from surrounding uses. (G) The use is pre-existing and has not overburdened public facilities, nor is it expected to in the future. (H) No traffic, flooding, or drainage problems are expected as a result of granting this request. (1) The applicant has not been burdened by unnecessary restrictions. (J) By granting this request the City will not confer on the applicant any special privileges. 442 JANUARY 3, 2006 - REGULAR MEETING - PAGE 13 OF 17 VII. NEW BUSINESS CONTINUED. B. 2. b) Discussion continued. Council Member Markham and Planning Consultant discussed Lot 12 remaining zoned Industrial, which is not consistent with the Future Land Use Map. These amendments are property owner initiated and the owner of Lot 12 was not involved with the rezoning. However, since there is a conflict in the two maps, a zoning change would be required before any development can occur. 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 17, 2006 as a final Council Member Watford moved to read by title only and set January 17, 2006 as a final Public Hearing date, for Public Hearing date, for proposed Ordinance No. 928 providing for proposed Ordinance No. 928 providing for the extension of a Right of Reversionary Clause as provided in Ordinance the extension of a Right of Reversionary Clause as provided in No. 842, Buxton Alley Closing; seconded by Council Member Williams. Ordinance No. 842, Buxton Alley Closing - City Attorney (Exhibit 10). b) Vote on motion to read by title only and set final public hearing VOTE date. III KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 928 by title only. Attorney Cook read proposed Ordinance No. 928 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 842; PROVIDING FOR EXTENSION OF RIGHT OF REVERSION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FORAN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 928. III Council Member Markham moved to approve the first reading of proposed Ordinance No. 928; seconded by Council Member Chandler. b) Discussion. Council Member Watford questioned whether a twelve month extension was sufficient. Attorney Cook responded, that was the amount of time requested by Mr. Buxton. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. VII. NEW BUSINESS CONTINUED. D. Consider Alley Closing Application No. 78 submitted by Sonny Williamson, closing the East to West alleyway in Block 93, Okeechobee - City Clerk (Exhibit 11). E. Presentation pertaining to flooding issues and the Lake Okeechobee Recovery Program - Benita Whalen, SFWMD F. Discussion pertaining to Commerce Center property issues - Travis Chambers, Adron Fence. G. Discussion pertaining to Blue Heron Homeowners' request to drive golf carts on the street - City Administrator, JANUARY 3, 2006 - REGULAR MEETING - PAGE 14 OF 17 THIS ITEM WAS DEFERRED UNTIL JANUARY 17, 2006 CITY COUNCIL MEETING. Benita Whalen of South Florida Water Management along with Bob Howard, Director of Operations, Susan Sylvester, Deputy of Operations and Bob Brown, Director of Regulation, were present to address the Council in regards to the flooding situation within the City Limits. Bob Howard presented to the Council a Power Point slide presentation which showed the water retention areas and the pump activity comparison charts for the 2004-2005 Hurricane Season. After a lengthy discussion Mayor Kirk requested that a meeting or workshop be set for a later date between the three entities, South Florida Water Management, City of Okeechobee and Okeechobee County to network and formulate a long term solution to ease the flooding problems along with a temporary solution for the 2006 Hurricane Season. Mr. J.A. Tootle addressed the Council regarding the flooding situation on behalf of his friend Mr. James Boswell who resides at 910 Northwest 9' Street. Mr. Boswell lives in an area which has new developments surrounding his existing home and the water now flows from these new developments onto his residence causing flooding, and would appreciate the City Council to further investigate the flooding problem in this area. He also requested, the City Clerk research for him, a copy of a court order by a Miami lawyer, date unknown, regarding flooding in this area. Mr. Travis Chambers was not present, therefore, this item was not discussed. Mr. Tom Elmore, President of Blue Heron Golf and Country Club Association, Inc. was present to request the Council consider establishing their subdivision as a golf cart community. Blue Heron Golf and Country Club, including the Oaks, is an excellent candidate for designation as a golf cart community. We have no through streets, low traffic volume and a 25 mph speed limit which lends itself to the safe use of golf carts. We request that Southeast 9`h Drive, Southeast 14`h Court and Southeast 151h Street in the Oaks, as well as Southeast 9ch Avenue South from the Oaks, Southeast 21 Street and Southeast 23rd Street in Blue Heron be designated for golf cart use. Mr. Elmore also presented Florida Statute 316.212(1) which stated: A golf cart may be operated upon a city street that has been designated by the City for use by golf carts if the responsible local government entity determines that golf carts may safely travel on or across the public streets, considering factors including the speed, volume, and character of motor vehicle traffic using the streets. Florida Statute 316.212(1) also requires the City to post appropriate signs to indicate that such operation is allowed, in which Blue Heron Golf and Country Club Homeowner's Association Inc. will be willing to pay for the cost of the necessary signs. Mr. Elmore also read the criteria of the operation of the golf carts being: 443 A JANUARY 3, 2006 - REGULAR MEETING - PAGE 15 OF 17 VII. NEW BUSINESS CONTINUED. G. Discussion pertaining to Blue Heron Homeowners' request to drive golf carts on the street continued. operation on streets only from sunrise to sunset, must be equipped with efficient brakes, reliable steering, safe tires, a rearview mirror and red reflectorized warning devices in both the front and rear, no one under the age of 14 may operate a golf cart on the streets. Council Member Watford remarked that for future requests a consideration of the same criteria be met, and that only in designated posted areas may a golf cart be driven on the street. Police Chief Davis is in favor of this request. Council Member Williams made a motion to approve the request to designate Blue Heron Golf and Country Club and the Oaks at Blue Heron as a Golf Cart Community; seconded by Council Member Chandler. Should a resolution be necessary for this dedication, it will be addressed at the January 17, 2006 regular City Council meeting. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. H. Motion to approve an Agreement between the City and LaRue Council Member Watford moved to approve an Agreement between the City and LaRue Planning and Management Planning & Management Services, Inc. for consulting services Services, Inc. forconsulting services regarding a technical assistance grant in developing a Capital Improvement Facet regarding a technical assistance grant in developing a Capital to the Comprehensive Plan; seconded by Council Member Williams. There was a brief discussion on this item. Improvement Facet to the Comprehensive Plan - City Administrator (Exhibit 12). VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA wl CHANDLER - YEA WATFORD - YEA MOTION CARRIED. I. Motion to approve a Participating Party Agreement between the Council Member Chandler moved to approve a Participating Party Agreement between the City and Olde Tyme City and Olde Tyme Construction pertaining to the CDBG grant Construction pertaining to the CDBG grant requirements; seconded by Council Member Watford, with the stipulation requirements - City Administrator (Exhibit 13). that with any changes it has to come back to the Council. There was a brief discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. JANuARY 3, 2006 - REGULAR MEETING - PAGE 16 OF 17 445 Vil. NEW BUSINESS CONTINUED. J. Motion to approve a recommendation made by the Code Council Member Chandler moved to approve a recommendation made by the Code Enforcement Board to reduce a Enforcement Board to reduce a fine for property owner Shannon fine from two thousand, one hundred twenty-five dollars ($2,125.00) to five hundred dollars ($500.00) for property Martin, 703 South Parrott Avenue - City Attorney (Exhibit 14). 11 owner Shannon Martin, 703 South Parrott Avenue; 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. K. Presentation pertaining to the Hamrick Trust - J. A. Tootle (Exhibit Mr. J. A. Tootle, resident of Okeechobee, was present to address the Council's decision to allow commercial 15). businesses to operate in the parks during the Farmers Market. Mr. Tootle began his discussion by strongly informing the Council of his dislike of politicians and lawyers. He then proceeded to state that he was very unhappy about the use of Flagler Park for the Okeechobee Main Street Green Market. Attorney Cook explained to Mr. Tootle that this Market is permissible since Okeechobee Main Street is a non-profit organization, and that according to the Dedication of Flagler Park, the parks are to be used for non-profit public use and this situation meets the criteria. Mr. Tootle again strongly informed the Council of his dislike of lawyers and demanded that Attorney Cook be fired because he is grossly incompetent, and that the Council is wrong in allowing this Market to take place and to be influenced by Attorney Cook's legal advice. Mayor Kirk remarked to Mr. Tootle that he refused to fire Attorney Cook, but that he did not have to agree with what the Council is doing and that he is entitled to his opinion. No official action was taken on this matter. L. Consider a request for an 80 percent reduction in parking for the Council Member Watford made a motion to approve an 80 percent reduction in parking for the Flagler Building Flagler Building Addition, Lots 1-2 of Block 167, Okeechobee - City 111 Addition, Lots 1 through 2 of Block 167, Okeechobee; seconded by Council Member Markham. There was a Administrator (Exhibit 16). brief discussion on this matter. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Mrs,•, JANuARY 3, 2006 - REGULAR MEETING - PAGE 17 of 17 VII. NEW BUSINESS CONTINUED. M. Motion to approve the 2006 Employee Grievance Committee - City Clerk. Police Department Regular Member Bill SaumlAltemate Member Donnie Hagan Fire Department Regular Member Jeff Baugh/Alternate Member Glenn Hodges Public Works Department Regular Member Marvin Roberts/Alternate Member Rick Amiet Administration/Finance/General Services/Clerks Department Regular Member Katrina Cook/Alternate Member Robin Brock VIII. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. James E. Kirk, Mayor ."ATTEST.' Lane Gamiotea, CMC, City Clerk Council Member Watford moved to approve the 2006 Employee Grievance Committee; seconded by Council Member Williams, as follows: Police Department, Regular Member Bill Saum/Alternate Member Donnie Hagan; Fire Department, Regular Member Jeff Baugh/Alternate Member Glenn Hodges; Public Works Department, Regular Member Marvin Roberts/Alternate Member RickAmiet; Administration/Finance/General Services/Clerks Department, Regular Member Katrina Cook/Altemate Member Robin Brock. Council Member Watford remarked that the members be thanked for their service on behalf of the City Council. KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 9:27 P.M. The next regularly scheduled meeting is January 17, 2006. * (Form 8B Memorandum of Voting Conflict Form Completed for Council Member Markham is on file in the Clerk's Office.) AFFIDAVIT OF&BLISHER OKEECHOB TIMES 106 S.E. Sth St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a Notice of City Council Meeting PO #013021 in the matter of City of Okeechobee City of Okeechobee NOTICE OF CITY COUNCIL MEETING NOTICE 1S HEREBY GIVEN that the 55 SE Third Avenue City Council of City of Okeechobee will meet in Regular Session on Tuesday, January 3, f Okeechobee FL 34974-2932 2006, 6:00 p.m., City Hall, 55 SE 3rd Ave., m. R200, Okeechobee, Florida. The public is invited and encouraged to attend. For a copy Of the agenda contact City Administration at (863) 763-3372 t 212. In the Court PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to ap- published in said newspaper in the issues of 12/29/2005 any decision made by the der Council pealwas with respect to any roarer considered at this meeting, such interested person will need a record of the proceedings, and for such pur- pose may need to ensure a verbatim record of the proceedings is made, which record in- cludes the testimony and evidence upon which Affiant further says that the said Okeechobee Times is a newspaper the appeal is to be based. Tapes are used for the sole purpose of back-up for the CleWs published at Okeechobee, in said Okeechobee County, Florida, and Office. In accordance with the Americans with that said newspaper has heretofore been continuous) published in y p and Florida Statute Disabilities Act with 266.26, persons with disabilities needing spr- disabilities said Okeechobee, Florida as a daily, weekly, or bi-weekly and has cial accommodation to participate in dus pm_ been entered as second class mail matter at the post office in ceeding should contact Lane Gamiotea, no later than two (2) working days prior to the Okeechobee, in said Okeechobee County, Florida, for a period of one T if you are hen° Proceeding voice �3-3372 z call B paired, call TDD (-800. year next preceding the first publication of the attached copy of 222-3448 (voice) or 1-888-447-5620 (TTY). by: Lane Gamiotea, CMC, City Clerk advertisement; and affiant further says that he has neither paid nor P PUBLISH 1 9 �Fs promised any person, firm or corporation any discount, rebate, -------------------------------------------------- commission or refund for the purpose of securing this advertisement for publication in the said newspaper. James A.'Hughes, Jr., (Publisher) :a Sworn to and subscribed before me this Cl /h day of _ -ZJi j A.D. 2005 (SEAL) Notary Public koseaive A, Brennan _ . = Commission #DD318483 =N. V.;, Expires: Jun 25, 2008 �9TFOF F�OQ Bonded Thal Atlantic Bonding Co., Inc. • Page -1- Tape 1 side A CITY OF OKEECHOBEE - January 3, 2006 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Kirk, January 3, 2006, City Council Regular Meeting 6:08 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Dr. Edward Weiss, Church of Our Saviour; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson IV. MINUTES - City Clerk. X X X X X X X X X X X A. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the December 6, 2005 Regular Meeting; seconded by Council Member Williams. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. V. AGENDA - Mayor. A. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. Defer Public Hearing Items F and G and New Business Item D until the January 17, 2006 Meeting. VI. MAYOR KIRK OPENED THE PUBLIC HEARING FOR CONSIDERATION OF A PROPOSED SUBDIVISION, PROPOSED REZONINGS AND PROPOSED COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENTS AT 6:13 P.M. A. 1. a) Council Member Watford moved to remove from the table, a motion by Council Members Watford and Chandler to approve the final plat of the Replat of Brentwood Estates - City Administrator (Exhibit 1); seconded by Council Member Chandler. b) Vote on motion to remove matter from the table. Page -2- VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X (VOTING CONFLICT FORM COMPLETED) WATFORD X L. WILLIAMS X MOTION: CARRIED. c) 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 Yh 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 10`h 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. City Council tabled the approval of the revised Plat of Brentwood Estates at the December 6, 2005 meeting. Attorney John Cassells on behalf of Angie Armstrong, object to plat approval since the corporation (name ) is no longer the owner of the subdivision, but individuals. New set backs would make their new 1 don't own property 2 need approval of owners 3 not active 12/23 Ilc is dissolved no authority to transact business they need to go back to the drawing board, drainage, effects on neighboring land, defer approving a final plat, council attends to move for then reduce to remove lot 1 so that it is not effected by the revised plat. Dowling, distrubing, haven't been advised, under state law, replatting land or revising existing plat or is ther e a difference? Cassells, don't know what the statute is exactly but yes my understanding is they cannot, DW city council iniited replatted? Cassel never been asked you can abandon a plat but not sure you can replat a subdivision, 0 u Page -3- Brian, distributed letter to council, little background, TRC addressed the modification from the installation of sewer, to septic tank system that was going on, effort to supply enough ground for the septic systems, since struggling to accomodate that, testimony from developer would not be a problem, there after through building. permits discovered the building set back problems, cook stated not good to amend lot by lot, brings us up to date, the original filed plat 2004, nothing on there about the sewer system, recommend go with the 2004 plat, supplied us with new construction plans with the septic system, and put the onious back to the health dept to make sure the fields, etc for the septic system are installed appropriately before building permits are issued, the new plat is erroneous, Cassells is correct, Kirk, original plat does not address septic? Brian, recorded plat does not but the construction plans which you based your decision on does not that, which could be concluded as false pretense. Dowling, how could we have approved one plat, then,... Brian, no, you had everything you needed. Decision on what the documents were that the council approved. Cassells, just a foot note, to protect yourself from that, you either have the infrastructure installed or bonded with the final plat approval. Kirk, putting ourselves in liability with leaving the plat as it is? Is that how the lots were sold? Brian, developer said they were sold on septic, and individual owners have said the same thing. John, land owners issues were the city approved with septic, release from each lot on the change, original plat that we have does not address it, or plans, then its between the developer and the land owners. Kirk, we've gotten into this much deeper than we should have, Brian, we've tried to be accommodating and it has gotten to a point of error of plat, and non conforming uses, to Louis, are they all on septic? Yes they are, 4 or 5 houses, Lowry, ,5. Louis, after TRC site plan, after meeting with OUA, best to use the sept system, where we were remiss was not including the city in the change, at time with original plat argued the item, trying to conform and bringing the city to the point they should have been at. Chandler, didn't Troendle, didn't you say the original system was oua sewer, Louis, we started out with a different owner, and between preliminary and final we got the new owner and the new meetings with the oua started, Brian, instead of force main individual canned pumps? Force main and individual pumps at each site. Armstrong should get a CO a no costs to them. Kirk, do you see anything wrong with stayingwith original plat? Cook, have to, thought developer got with the individual owners and were all in this together. Tape A Side B Kirk, thing for us to do is go back with this. Dowling, brought up drainage issues, thank everyone for their work, don't know if we came up with any great decision and hopefully this will work and have to agree with the engineer with appreciate their efforts to get that resolved. d) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X (VOTING CONFLICT FORM COMPLETED) WATFORD X L. WILLIAMS X MOTION: DENIED. B. 1. a) Council Member Watford moved to read by title only, proposed Ordinance No. 920 regarding Rezoning Application No. 05-012-R, submitted by Jamie Gamiotea, to rezone an unplatted 3-acre parcel of land located in the Southeast section, from Holding to Residential Single Family -One - City Planning Consultant (Exhibit 2); seconded by Council Member Williams. Page -4- 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) Mayor Kirk 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 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 adopt proposed Ordinance No. 920; seconded by Council Member Chandler. b) Public comments and discussion. This Ordinance amends the Zoning designation from H to RSF-1 for vacant property located 1109 Southeast 91' Drive. The application was submitted by Jamie Gamiotea on behalf of property owners Raul and Kathey Gamiotea. Jim LaRue, reviewed proposed application. 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. Show access to a city street. No one is going to come back and say you need to provide me street, even 10 years from now. LaRue when it comes to the point that they need a building permit they will show legal access to the property. LaRue and rezoning it doesn't make it any more or less. My question is can someone come to us and say to the city you need to provide a city street to us. John, person has common piece has to have the land developer. Lowry on survey it shows a 30' ingress and egress to the property. 8 letters to surrounding property owners, sign posted on property, one property owner responded in favor of the rezoning. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X • • MOTION: CARRIED. Page -5- C.1. a) Council Member Watford moved to read by title only, proposed Ordinance No. 921, regarding Rezoning Application No. 05-013-R, submitted by Devin Maxwell, to rezone an unplatted 15.44-acre parcel of land located in the Southwest section, from Holding to Residential Single Family-1 - City Planning Consultant (Exhibit 3); 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. 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 adopt proposed Ordinance No. 921; seconded by Council Member Chandler. b) Public comments and discussion. This Ordinance amends the Zoning designation from H to RSF-1 for unplatted vacant property located between Southwest 9`h Street,10" 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. Lowry, Dowling, staff needs to be well aware if we need to require additional retention areas, extremely important, need to be sure that we all understand that. That is an extremely important area, JA Tootle where is this property under discussion. 107 notices to surrounding owners, several showed up at planning board hearing. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT Page -6- KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. D.1. a) Council Member Watford moved to read by title only, proposed Ordinance No. 922, regarding Rezoning Application No. 05-014-R, submitted by Gerald Lefebvre, to rezone Lots 10 -12 of Block 40, First Addition to South Okeechobee, from Residential Single Family-1 to Commercial Professional Office - City Planning Consultant (Exhibit 4); 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. 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 THEZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. " 2. a) Council Member Markham moved to adopt proposed Ordinance No. 922; seconded by Council Member Williams. b) Public comments and discussion. This Ordinance amends the Zoning designation on Lots 10-12 of Block 40,1" Addition to South Okeechobee, for vacant property located in the 1900 Block of Southwest 2nd 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: 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 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. 25 letters to surrounding property owners, sign posted on property. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X • E CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. Page -7- E.1. a) Council Member Watford moved to read by title only, proposed Ordinance No. 923, amending Code Book, Land Development Regulations Section 90-561 Signs, Compliance with Division and adding Section 90-573 Murals - City Planning Consultant (Exhibit 5); 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: 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 adopt proposed Ordinance No. 923; seconded by Council Member Chandler. b) Public comments and discussion. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. F.1. a) Motion to read by title only, proposed Ordinance No. 924, regarding Comprehensive Plan Future Land Use Map Amendment Application No. 05-013-SSA, submitted by Rick Surface to redesignate Lots 1-2 of Block 31, Okeechobee, from Single Family to Multi -Family - City Planning Consultant (Exhibit 6). b) Vote on motion to read by title only. c) Attorney Cook to read proposed Ordinance No. 924 by title only. 2. a) Motion to adopt proposed Ordinance No. 924. b) Public comments and discussion. c) Vote on motion. ITEM DEFERRED UNTIL JANUARY 17, 2006 AGENDA G.1. a) Motion to read by title only, proposed Ordinance No. 925, regarding Future Land Use Map Amendment Application No. 05-014-SSA, submitted by Stepping Stones Day Care Center to redesignate Lots 7 -12 of Block 181, Okeechobee, from Single Family to Multi -Family - City Planning Consultant (Exhibit 7). b) Vote on motion to read by title only. c) Attorney Cook to read proposed Ordinance No. 925 by title only. 2. a) Motion to adopt proposed Ordinance No. 925. b) Public comments and discussion. c) Vote on motion. Page -8- ITEM DEFERRED UNTIL JANUARY 17, 2006 AGENDA MAYOR KIRK CLOSED THE PUBLIC HEARING AT 7:07 P.M. VII. NEW BUSINESS. A.1. a) Council Member Watford moved to read by title only and set January 17, 2006 as a final Public Hearing date, for proposed Ordinance No. 926, regarding Rezoning Application No. 05-015-R, submitted by Leland Dyals to rezone Lots 1-2 of Block 182, Okeechobee, from Residential Muliple Family to Heavy Commercial - City Planning Consultant (Exhibit 8); 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. 926 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 MULTIPLE FAMILY (RMF) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) 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. 926; seconded by Council Member Chandler. b) Discussion. Planning staff information to be inserted. TURNED TO TAPE 2 SIDE A Dowling, why not CPO? For next time. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. B.1. a) Council Member Watford moved to read by title only and set January 17, 2006 as a final Public Hearing date, for proposed Ordinance No. 927, regarding Rezoning Application No. 05-016-R, submitted by Daniel B. Creech to rezone Lots 9-11 of Block E, Wrights Third Addition, from Industrial to Residential Single Family-1 - City Planning Consultant (Exhibit 9); 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. E Page -9- c) Attorney Cook to read proposed Ordinance No. 927 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 INDUSTRIAL (IND) 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. 927; seconded by Council Member Chandler. b) Discussion. Jim LaRue planning staff information to be inserted 12 is still industrial, have not taken it upon ourselves to change the zoning, cannot have land use inconsistent with future land use, cannot develop industrial on that lot, have to come for zoning change, the city has taken the option not to 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 17, 2006 as a final Public Hearing date, for proposed Ordinance No. 928 providing for the extension of a Right of Reversionary Clause as provided in Ordinance No. 842, Buxton Alley Closing - City Attorney (Exhibit 10); 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. 928 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO.842; PROVIDING FOR EXTENSION OF RIGHT OF REVERSION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 928; seconded by Council Member Chandler. b) Discussion. Dowling 12 months from the effective date. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X Page -10- MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. D. Consider Alley Closing Application No. 78 submitted by Sonny Williamson, closing the East to West alleyway in Block 93, Okeechobee - City Clerk (Exhibit 11). ITEM DEFERRED UNTIL JANUARY 17, 2006 MEETING. E. Presentation pertaining to flooding issues and the Lake Okeechobee Recovery Program - Benita Whalen, SFWMD. Benita Whalen, focus on water management issue this evening, Bob Howard, Dir of Operations, Susan Sevester, Howards Deputy, Bob Brown Dir of Regulation. Rainfall for sept and oct of 2005, amount of hurricanes during the 2005 season, Wilma being the problem with the already heavy rainfalls., power point presentation. S 133 basin, pump station, addressed by storm water master plan, in effort to work with the county for that plan, county water flows through with the city's drainage before it gets back to the county's. Lowry why couldn't you get the water pumped back down to 14, Howard, many stations decision many years ago, info based on 10 year storms while this was more a 25 year storm rainfall, one of the things that could come from the storm water study would be is to show that those levels need to dropped more, you kept it down at 12 the whole time than let it go to 16. S133 doesn't have the additional pumps. TAPE 2 SIDE B Dowling, water could not run fast enough to get down, is that what you're telling us? Don't understand that. Need information like the bottom of the ditch being higher than the elevation of the canal? Conveyance is also the problem. Mayor, any type of short term fix to help them Howard, want to fix it Dowling, we need a long term solution, is there any perhaps any merit to get us all together some how, people who know what's going to get something going for this coming year that is soon, either a workshop or staff from legislators to attend and maybe put some pressure on from higher up, all talking together we can be a draw of information, Howard thank that would be something very worthwhile. The other thing, schedule and scope for the county revised to incorporated the city and let you know what is all involved and get you some time frames at least to tell people, Benita, yes, recently got survey information, down stream are higher in up stream one, sit down with whoever from staff, to show we are at least doing something, the other thing is we all need to be conscience of, developments that don't have water management permits they are adding the new developers to consider that with new homes ,have some swales to hold the water, government owned property to divert water to store, specific neighborhoods. Master plan is to be completed by sept 2006. Modeling, alternatives to helping with the problem, funding, has been requested, the county and sfwmd has been working towards it, may be we should have more communication with the city to keep you informed so that you at least know what is going on and that we are in fact working on the problem. TAPE 3 SIDE A Lowry, just don't see how we can hold the water onsite and not get to away from us. If you design the areas correctly they will work and eventually get the water out of there, still have the discharge, only not have to get to all through there in 24 hours. Kirk still hold out with some type of solution to help with next hurricane season. • 0 Page -11- Williams and that we are all working together. Mr. Tootle, flooding problem, James Boswell, NW 9" St and 9Y' Avenue, church recently rebuilt there, next to church, vacant lots filled in, streets improved, his entire house was flooded during the storms, spoke with the engineer, I have advised him that this council violated his rights several years, Federal Court Order, drainage, whole neighborhood has flood, Alcee Hastings to straighten it out, regardless of all the excuses, it is not right to have a man who built his house, and then it gets flooded, appreciate you to do the right thing by him. F. Discussion pertaining to Commerce Center property issues - Travis Chambers, Adron Fence. Item withdrawn from agenda. Travis Chambers was not present therefore item was not discussed. G. Discussion pertaining to Blue Heron Homeowners' request to drive golf carts on the street - City Administrator. Tom Elmore, President BHG & CC Home Owners Association. Since operation of golf course, its been suggested we get the city to designate that area as a golf cart use. No through streets. FS speed vol 316.212 post appropriate signe, HOA whilling to pay for costs of signs, no one under the age of 14. New people in community, disregard for the law, letting children 8-12 years old operate these golf carts, if we put the signs up and disignate the area, we would all be within the jurisdiction and police officers would be ableto enforce the rules under the FS. Kirk, by designating this golf cart area liability, no really by statute handled, Tom, just want everyone on same page for community to be safe Kirk, what do we need to do? Chief verify traffic volumes and street design and probably a resolution. Dowling, wonderful place of any area in city, most logical, concern we need to be sure everyone understands carts used on city streets in that area, other areas that say they were designated why can't we, ie: mobile home parks, have good points, not through streets so no through streets had a golf course, make sure everyone understands not everywhere in the city, in future requests be sure they can meet the same cirteria, streets are wide enough, wish you could have something like a golf cart path like a bike path, Lowry, agree with Watford, the oaks is separate from BH, go into okee estates to get into the main phase, some way to get to other areas what's going to stop people across the street. Tom. Lowry issue with okee estates, police dept catching in that area, just inside the oaks or 150' on 9V' to join to the 2 areas, A resolution will be needed. (Get copy of the florida statue requirements from Brian) Council Member Williams made a motion to approve the request to designate Blue Heron Golf and Country Club and the Oaks at Blue Heron as a Golf Cart community Chandler. Police Chief has to certify this. Denny, I don't have a problem with it everything he said it accurate. TAPE 3 SIDE B Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. H. Council Member Watford moved to approve an Agreement between the City and LaRue Planning & Management Services, Inc. for consulting services regarding a technical assistance grant in developing a Capital Improvement Facet to the Comprehensive Plan - City Administrator (Exhibit 12); seconded by Council Member Williams. Dowling, paragraph 3, at or below, it will not exeed. Paragraph 9 standard thing, Cook seems to be, Page -12- can't see litagation coming out of it. Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED, Council Member Chandler moved to approve a Participating Party Agreement between the City and Olde Tyme Construction pertaining to the CDBG grant requirements - City Administrator (Exhibit 13); seconded by Council Member Watford. Stipulation that with any changes it has to come back to the Council. Dowling, where do we stand with olde tyme are they ever going to build or start work? Option Lots 4-5 grant approval, but need the agreement as to whether he will build next moth, etc, paragraph I time frame to be negotiated no date there? This is step one after they attorney looks at it then 60 day window to approve grant agreement, which is why the blanks are there, ordered the building, paragraph B what are the acts of default? Brian I believe that means the city can determine the act of default. John, defaults are not defined in that paragraph, further agreements will have to define them, only default in this is job creations, went over with Nancy, can't change this without her approval, Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. J. Council Member Chandler moved to approve a recommendation made by the Code Enforcement Board to reduce a fine from $2,125.00 to $500.00 for property owner Shannon Martin, 703 South Parrott Avenue - City Attorney (Exhibit 14); seconded by Council Member Markham. Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. K. Presentation pertaining to the Hamrick Trust - J.A. Tootle (Exhibit 15). J.A. Tootle, I can't hear anything you have been speaking about. I am mad at every politician I have met in 80 years. Situation is so bad that this country is about to colapse. Reason for being mad is you have let the Went by a friends house, read articles on the green market in the parks. Copies of this and that and still confused, in the article it states Mr. Cook gave you all legal opinion to allow this green market to use the park. Kirk, I think that's true. Cook to be exact OMS a non profit approval to be able to put the market on. Basis? That they are a non profit . Has nothing to do with it. 0 0 Page -13- Watford I take his opinion on account, partially because of his and then mine, had a influence. Kirk, Chandler. The public council included, has no knowledge of what this hamrick trust is. Lawyer to look these up before he gives you that opinion. Dedication a legal binding document. Dedication dedicate flagler park for public use. Have you read it. Yes, every word. This is the original dedication, map filed in public records, city clerk has copy, on this map tells what the dedication which the council got the authority to etc etc, right here is starts hereby dedicates for certain public purposes only, hereby dedicates for certain public the surface of only strips of lands, .... limited to travel of .....uses by or .... all and singular, finish reading that, the only thing you have got is the use of certain public purposes, if you want another use for it you have to get an amendment for it,, 1925 wanted to build city hall on the park, okee co at that time gave them an amendment to this agreement, park where the chamber is , he gave them that agreement, this park where the library was for, don't know if you got a easement from that additional use for that TAPE 4 SIDE A L. Consider a request for an 80 percent reduction in parking for the Flagler Building Addition, Lots 1- 2 of Block 167, Okeechobee - City Administrator (Exhibit 16). Watford/Markahm made the motion to approve as presented. Dowling, considerable discussion at the TRC meeting, couple item, current off-street parking behind building is not designated or stripped, yes they are to submit a new engineer drawing that described it. Note made 4/9 towards bottom, drainage concerns will we follow up on that? Submit new set of drawings with drainage as well, hand dug ditch around this parcel that took it out to the avenue, gave them couple of suggestions, area behind, what about the other business, Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. M. Council Member Watford moved to approve the 2006 Employee Grievance Committee - City Clerk; seconded by Council Member Williams. Regular Member Bill Saum/Alternate Member Donnie Hagan - Police Department Regular Member Jeff Baugh/Alternate Member Glenn Hodges - Fire Department Regular Member Marvin Roberts/Alternate Member Rick Amiet - Public Works Department Regular Member Katrina Cook/Alternate Member Robin Brock - Administration/Finance/General Services/Clerks Department Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. Vlll. MAYOR KIRK ADJOURNED THE MEETING AT 9:27 P.M. • Page -1- Tape 1 side A CITY OF OKEECHOBEE - January 3, 2006 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES I. CALL TO ORDER -Mayor: Kirk, January 3, 2006, City Council Regular Meeting 6 Z)r II. OPENING CEREMONIES: Invocation given by Pastor Dr. Edward Weiss Church of Our Saviour: Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson IV. MINUTES City Clerk. A. Council Member vlkk 1bmoved to dispense with the reading and approve the Summary of Councl Aytion for the December 6, 2005 Regular Meeting; seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED V. AGENDA - Mayor. A. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. r,)-A (" 4 et-- VI. MAYOR KIRK OPENED THE PUBLIC HEARING FOR CONSIDERATION OF A PROPOSED SUBDIVISION, PROPOSED REZO INGS AND PROPOSED COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENTS AT % = C.P.M. A. I. a) Council Member 6L �-� moved to remove from the table, a motion by Council Members Watford and Cha ler to approve the final plat of h Repl�tAf Brentwood Estates - City Administrator (Exhibit 1); seconded by Council Member �.c'hJ, 0 • 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 Troendte,-rrret wittr�€xecUWe-Director Fortner -an - and obtained approval for septic tanks. Later it was discovered that since the City was not included in the modi ication -off-the project the de-veloper-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._Trnendle _ opted to resubmit for plat approval. Based on the application information, Brentwood Estates is a proposed subdivision within the Southeast section of the£-ity- The -property -owner is Brentwood Acres,-LLC, with --a maitingaddress-of909-Southeast 0`� _-_- - Avenue, Okeechobee, Florida. The applicant is Mr. Mark Troendle. The project engineer is Mr. Loris C. - smussen and -surveyor is Mr. James -Almond. The project is a 5-singlefamilyresidential lot subdivision to _ be completed in one phase_ The existing improvements consist of some residences under constructio-n.__The___ total land area in square feet is 385,811 and 8.856 acres. Existing impervious surface is 1200 square feet, 0.0275 acres-nd_Q,3_ercent of_the -site. - -The-ownerl0 Proposing to r edifythe previously approvedpW €rorn watef-antsewerto waterand-septic tanks. - The proposed plat is located in the 900, 1000, 1100 and 1200 Blocks of Southwest 101h Street. Additional -- - - rvious surfaceis-62 2413 uarefeet;-1 428nores an�6-ercent ofithe si 6. Total im- ervious surface � P- — P 63,443 square feet and 1.4565 and 16 percent of site. The current zoning is RSF-1 and Future Land Use is - - mg a ami y. The Technical Review Committee (TRC) reviewed the Plat Pre -Application at the September 28, 2005 meeting __and_recommended,a ova! w th-the-followin Eons: - fro - -- - ppr g �. (a }- nt-ba+id�ng-se#backs�tust be-a-n�lnit�tttrn - of 35 feet, due to septic tanks being installed in the front yards. (2) Circular drives will not be permitted due -- - - to - -- tanks-be1ng- tnstaett the -front f�i-Topogaphic of -each Jot- shown ptat_ drawings. _----_--- - _ City Council approved the prelimina lat at the October 412005 meeting. Council did note that theiLap�rQvaL_ -- did not constitute acceptance of the final plat, rather, it deemed an expression of acceptance for the layout --- _ - _submitted ort_the�relimdnary-plat_as"uirie-to_the_preparation-of_the-final plat-aW-approval-of--onstr Gtion - - - plans for required improvements and requested supplementary materials. City Council tabled the approval of the revised Plat of Brentwood Estates at the December 6, 2005 meeting. t �'� : (�. �n' 2 - 177. S . - - - - -- - ��_v1 - VOTE YEA NAY ABSTAIN ABSENT CHANDLER X MARIfHANF --- -- WATFORD t-ANILL ---_ .— _- - -- - --_ - _ _- - -- -- -- -- -_-- --- --_ _ - _ -- _ MOTION: DENIED/ A RIED. 0 • Ic - ------ --- --- ----- • Page -3- B. 1. a) Council Member moved to read by title only, proposed Ordinance No. 920 regarding Rezoning Application N . 05-012-R, submitted by Jamie Gamiotea, to rezone an unplatted 3-acre parcel of land located in the Southeast section, from Holding to Residential Single Family -One - City Planning Consultant (Exhibit 2); seconded by Council Member _ b) Vote on motion to read by title only. VOTE KIRK CHANDLE MARKHAI WATFORI L. WILLIA MOTION: C) Attorney Cook to read proposed Ordinance No20 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING (H) ZONING DISTRICT TO RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE.'' 2. a) Council Member 'o i tl rt�_) moved to adopt proposed Ordinance No. 920; seconded by Council Member _k; A b) Public comments and discussion. This Ordinance amends the Zoning designation from H to RSF-1 for vacant property located 1109 SE 911 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 allowin this no uest 0� . � r O -- hJ` 'al) cZ C) Vote on motion. VOTE KIRK CHANDLER MARKHAM WATFORD I WILLIAMS MOTION: DENT !CARRIED Page -4- C.1. a) Council Member moved to read by title only, proposed Ordinance No. 921 regarding Rezoning A lication -No: 05-013-R, submitted by Devin Maxwell; to -rezone an unplatted 15.44-acre parcel of land located in the Southwest section, from Holding to Residential Famit -1- = City- Pt�nnlnConsultant - Allbit- � g 3); -second-ed -by Counci(--Memher - b) ___ Vote on motion to read _by_title only._ - VOTE YEA NAY ABSTAIN ABSENT KIRK - --- - - - --- - CHANDLER MAARKHAM- - - - - - - - - WATFORD _ - L. WILLIAMS -- - _ - -- MOTION: DENIED/ RRIED. c) Attorney Cook to read proposed Ordinance No. 921 by title onlyasfollows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLOR/DA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A__- CERTAIN -- TRACT OF- -LAND--MORE-~T'1CULARLX - DESCRIBED HEREIN, FROM (H) HOLDING ZONING DISTRICT TO RESIDENTIAL SINGLE -FANNY ONEMSF-#-ZONING-DFSTMff, AMEND/NG-THE--ZflNI}VG--MAP--AEBORDINCH;--- - PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Council Member i moved to adopt proposed Ordinance No. 921; seconded by Council Member - -_ __-- -_ _ b) Public comments and discussion. This Ordinance amends the Zoning designation from H to RSF-1 for unplatted vacant property located between Southwest9"'Street,-fO"Avenueand 1-5'hStreet Theappticatbnwas�sL tufted-byDevirrfvtaxweIoTTbehalf- _. of property owner Frank Altobello, Trustee. The Planning Staff and Planning Board are recommending approval based on the followingcriteria: Planning --- — -- Staff Report Analysis: (A) The Single Family Future Land Use designation allows for a maximum density _ of 4-dWac. _ Before these lots are developed, action-nust-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-fa6ty-residences-ia-authorized-under-the-RSF-1 Zenfng District (See�ectiorr90-1 --- -- Single family uses will not adversely affect the public interest. (D) The proposed use and zoning is appropriate -for-t its ocation' nis not-d-e-tnmentai to urbanizing 1-anduse patterns:- (Ej-The proposeduse wi�nofbe a - deterrent to the improvement of adjacent properties, nor will it adversely affect property value or livin�c conditions. (F) If necessary, site plan requirements can help to reduce any impacts on the neighborhood. _Ihe�rop4sed_us�foLthe sulzjecl-prer�c-is expeed to impact schools and -roads, ads, butatility-providers---- and public facilities should not be overburdened. (H) As stated earlier, development of this property could ---allow-for-ap to-6Z- units: -The -applicants may red -to -submit -a -traffic -anal analysis to -show Y � y ' any t►�tpaccts orr the focal streets. Staff is not aware of any flooding or drainage problems on the site. If any such issues exist, -the Buifdin Officiatwrft-evatuatethem bef6m issuin a-GertTiicat-e otIIccu anc . Ttie �o osed use sfiould - - � 9 p Y� P P 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-motim.- -- VOTE YEA NAY ABSTAIN ABSENT KIKK CHANDLER ------------ WATFORD L. WILLIAMS --- 9 Page -5- D.1. a Council Member moved to read by title only, proposed Ordinance No. 922, regarding Rezoning App►ic ion No. 05-014-R, submitted by Gerald Lefebvre, to rezone Lots 10 -12 of Block 40, First Addition to South Okeechobee, from Residential Single Family-1 to Commercial P ofessional Office City Planning Consultant (Exhibit 4); 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: DENIE I AR 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 q 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 THEZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council Member kk moved to adopt proposed Ordinance No. 922; seconded by Council Member C�J . b) Public comments and discussion. This Ordinance amends the Zoning designation on Lots 10-12 of Block 40,1"Addition to South Okeechobee, for vacant property located in the 1900 Block of Southwest 2nd Avenueat 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 M11 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. (LjThe 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. )t,V iL.J c) Vote otion. on ms / "_ /n VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER .......... .... MARKHAM WATFORD L. WILLIAMS MOTION: DEN CARRIED. Page -7- F.1. a) Council Member moved to read by title only, proposed Ordinance No. 924, regarding Comprehensive Plan Future Land Use Map Amendment Application No. 05-013-SSA, submitted by Rick Surface to redesignate Lots 1-2 of Block 31, Okeechobee, from Single Family to Multi -Family - City Planning Consultant (Exhibit 6). b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIEDICARRIED. c) Attorney Cook to read proposed Ordinance No. 924 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 FAMILY (SF) TO MULTI -FAMILY (MF); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED- FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Council Member b) Public comments and discussion. moved to adopt proposed Ordinance No. 924; seconded by c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/CARRIED. Page -9- VII. NEW BUSINESS. A.1. a) Council Member moved to read by title only and set January 17, 2006 as a final Putmc-Headng date,for proposed- Ordinance Igo.-926, regarding Rezoning-AppTicaTon-No. 05-015-R, submitted by Leland Dyals torezoneLots 1-2 of Block 182, Okeechobee, from Residential Muliple Familto He vy Commercial - City Planning Consultant (Exhibit 8); seconded by Council- ._0 --- by-- -- Vote -on- motion -to -read -by titie o* and set final pubk hearing -date. --- VOTE YEA NAY ABSTAIN ABSENT -_.- KIRK - CHANDLER MARKHAM-- - -- - WATF_ORD - --- L. WILLIAMS ' - - - MOTION: ---DE IE��� - _ c) - - Alto rrrey Cook to read -proposed f3rdipanc"a bytitte-onty as -follows "AN-ORDINANCe OF- - THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE-BY-REZONINSA C�RTA"i-TU-C OF -LAN -MORE PARTICULARLY__ _ - - DESCRIBED HEREIN, FROM RESIDENTIAL MULTIPLE FAMILY �RMF�ZONING DISTRICT TO - HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDIfiGLYt_PROVIDING_FORWHFLICTS,SEVERABILITY AND AN EFFECTIVE DATE.' Founei+Mem6er` first-readtng-of proposed -Ordinance - - - No. 926; seconded by Council Member ¢wL b) Discussion. A �ry 6 __. __.. ------._.-_-_ .---_.. __ _----..__._--..-_ �.F_R '-''_-"�--�-.---- �i- �_ t !.""'mot✓ 21- - -- r c) Vote on motion. VOTE KIRK CHANDLER MARKHAM - — WATFORD MOTION: DENIED10 RRIED. 171 Page -10- B.1. a) Council Member moved to read by title only and set January 17, 2006 as a final Public Hearing date, fdr proposed Ordinance No. 927, regarding Rezoning Application No. 05-016-R, submitted by Daniel B. Creech to rezone Lots 9-11 of Block E, Wrights Third Addition, from Industrial to R s,i ent' I Single Family-1 - City Planning Consultant (Exhibit 9); seconded by Council Member ,( I Q Ct k 4 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 ARRIED. C) Attorney Cook to read proposed Ordinance No. 927 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 INDUSTRIAL (IND) 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 uJ move Tt approve the first reading of proposed Ordinance No. 927; seconded by Council Member b) Discussion. �74 m iI va '�- - ( /LCC, v/ n C) Vote on motion VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED! ARRIED. 0 • R LJ Page -12- D. Consider Alley Closing Application No. 78 submitted by Sonny Williamson, closing the East to West alleyway in Block 93, Okeechobee - City Clerk (Exhibit 11). Vote on motion VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/CARRIED. i • Page -13- E. Presentation pertaining to flooding issues and the Lake Okeechobee Recovery Program - Benita Whalen, SFWMD..- 4 Ppl �`�✓N—l'.—__�l �c_. __. __f���"__ -_ _' -. K�./ Cry I /✓...� /( �� �L"/ � - ----- - - - - -- - - L/ L V ' � n r r ' , \r n r ......_ _._. . — — � � '—� —'' �.-,��.1�/r� ` � — ,.�_..�--vim _ j��-- �-�.�� —;c� �� ,�t�� ��1- �-r'"� •_ _ _ r C , — — ----- ----- < t v h �L�i`;'-.�•. C `'t t �l�r,�„�—�k if�.,.�' 7`� `� �"�/� �.,/�y?�y, �.J L` l `. ! �,' .,/�f' �(1��?/� (, c- 0 0 's 61 ovT1. WIZ AA la 47t Page -14- F. Discussion pertaining to Commerce Center property issues - Travis Chambers, Adron Fence. _ Page -15- G. Discussion -pert . aining to Blue Heron Homeowners' request to drive golf carts,on the street - City - Administrator_ y �1 L"a-, OV /JJj{A� O� - - if - -- f1 t jazz . A -- -- - -- --- --V.2 rI- 0fit,_.� c (Ilk- - - - GJ�li�l��'.."""_'./��/ �J/ � _�.`�'' ".�C ! �1 ��cJ ..✓i�liY-''t. - Nc�� -- - -- - - -- --- �41-1ILL -- F - - - - Page -16- H. Council Member 1 moved to approve an Agreement between the City and LaRue Planning & ManagAnent Services, Inc. for consulting services regarding a technical assistance grant in developing a Capital Improvement Facet t the C mprehensive Plan - City Administrator (Exhibit 12); seconded by Council Member �l).cp C q Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENT RIED. • Page - - I. Council Member w moved to approve a Participating Party Agreement between the City and Olde Tyme Construction pertaining -to -the CDBC grant requirements - City - -- Administrator (Exhibit 13); seconded by Council Member r _____-----_ — -Vote-orr-motion-_- - VOTE YE ----- - -- — KIRK-------- __ ___ -- _-_-CHANDLER--- -- - MARKHAM WATfORQ--__-___. L. WILLIAMS 0 0 Page -18- J. Council Member moved to approve a recommendation made by the Code Enforcement Board to reduce a fine for property owner Shannon Marti 703 South Parrott Avenue - City Attomey (Exhibit 14); seconded by Council Member Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD r L. WILLIAMS MOTION: DENIE I ARRIED. a • Page -19- K. Presentation pertaining to the Hamrick Trust - J.A. Tootle (Exhibit 15). • ^ r ,^ c i e elm r LC f rt a A -- - -- - o i t �l --ter - --- - -7 /v elk zal t17 n _ 0 ..._.. --_-_- _-_._-_-- _.__..._���__!_ _ `- _�:C-•'Z�_C-'(-1'-_- �1�.____ L.VJ�•�w /'.. _... � C_�lC/� .C—Q-:Ii--.cL�-Z` � _._ -._.. ___ _. �' - __ - - -- �_ •- - /�f - ---- - ,tC y J r , v 1, f� -14 Page -20- Consider a request for an 80 percent reduction in parking for the Flagler Building Addition, Lots I- 2 of Block 167, Okeechobee - City Administrator (Exhibit 16). 7rco-- eta,' Vote on motion VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIE (A�RRIED. M. Council Member Page -21- moved Committee - City Clerk; se nded by Council Member approve the 006 Employee Grievance Regular Member Bill Saum/Alternate Member Donnie Hagan - Police Department Regular Member Jeff Baugh/Alternate Member Glenn Hodges - Fire Department Regular Member Marvin Roberts/Alternate Member Rick Amiet - Public Works Department Regular Member Katrina Cook/Alternate Member Robin Brock - Administration/Finance/General Services/Clerks Department L Vote on motion. — VOTE YEA NAY ABSTAIN KIRK ABSENT CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIE ARRIE� VIII. MAYOR KIRK ADJOURNED THE MEETING AT p,M, CITY OF OKEECHOBEE JANUARY 3, 2006 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 of 7 I. CALL TO ORDER - Mayor: January 3, 2006 City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Dr. Edward Weiss, Church of Our Savior; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham 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 Is Fire Chief Herb Smith Public Works Director Donnie Robertson IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the December 6, 2005 Regular Meeting. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. JANUARY 3, 2006 - CITY COUNCIL AGENDA - PAGE 2 OF 7 VI. OPEN PUBLIC HEARING FOR CONSIDERATION OF A PROPOSED SUBDIVISION, PROPOSED REZONINGS AND PROPOSED COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENTS - Mayor. A.1. a) Motion to remove from the table, a motion by Council Members Watford and Chandler to approve the final plat of the Replat of Brentwood Estates - City Administrator (Exhibit 1). b) Vote on motion to remove matter from the table. c) Public comments and discussion. • d) Vote on motion. B.1. a) Motion to read by title only, proposed Ordinance No. 920, regarding Rezoning Application No. 05-012-R, submitted by Jamie Gamiotea, to rezone an unplatted 3-acre parcel of land located in the Southeast section, from Holding to Residential Single Family-1 - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 920 by title only. 2. a) Motion to adopt proposed Ordinance No. 920. (Planning Board recommends approval) b) Public comments and discussion. • c) Vote on motion. C.1. a) Motion to read by title only, proposed Ordinance No. 921, regarding Rezoning Application No. 05-013-11, submitted by Devin Maxwell, to rezone an unplatted 15.44-acre parcel of land located in the Southwest section, from Holding to Residential Single Family-1 - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 921 by title only. 2. a) Motion to adopt proposed Ordinance No. 921. (Planning Board recommends approval) JANUARY 3, 2006 - CITY COUNCIL AGENDA - PAGE 3 OF 7 VI. PUBLIC HEARING CONTINUED. C. 2. b) Public comments and discussion. c) Vote on motion. D.1. a) Motion to read by title only, proposed Ordinance No. 922, regarding Rezoning Application No. 05-014-R, submitted by Gerald Lefebvre, to rezone Lots • 10 -12 of Block 40, First Addition to South Okeechobee, from Residential Single Family-1 to Commercial Professional Office - City Planning Consultant (Exhibit 4). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 922 by title only. 2. a) Motion to adopt proposed Ordinance No. 922 b) Public comments and discussion. c) Vote on motion. E.1. a) Motion to read by title only, proposed Ordinance No. 923, amending Code Book, Land Development Regulations Section 90-561 Signs, Compliance with • Division and adding Section 90-573 Murals - City Planning Consultant (Exhibit 5). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 923 by title only. 2. a) Motion to adopt proposed Ordinance No. 923. (Land Planning Agency recommends approval) b) Public comments and discussion. c) Vote on motion. JANUARY 3, 2006 - CITY COUNCIL AGENDA - PAGE 4 OF 7 VI. PUBLIC HEARING CONTINUED. F.1. a) Motion to read by title only, proposed Ordinance No. 924, regarding Comprehensive Plan Future Land Use Map Amendment Application No. 05-013-SSA, submitted by Rick Surface to redesignate Lots 1-2 of Block 31, Okeechobee, from Single Family to Multi -Family - City Planning Consultant (Exhibit 6). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 924 b10 y title only. 2. a) Motion to adopt proposed Ordinance No. 924. (Land Planning Agency recommends approval) b) Public comments and discussion. c) Vote on motion. G.1. a) Motion to read by title only, proposed Ordinance No. 925, regarding Future Land Use Map Amendment Application No. 05-014-SSA, submitted by Stepping Stones Day Care Center to redesignate Lots 7 -12 of Block 181, Okeechobee, from Single Family to Multi -Family - City Planning Consultant (Exhibit 7). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 925 by title only. 2. a) Motion to adopt proposed Ordinance No. 925. (Land Planning Agency recommends approval) b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. JANUARY 3, 2006 - CITY COUNCIL AGENDA - PAGE 5 OF 7 VII. NEW BUSINESS. A.1. a) Motion to read by title only and set January 17, 2006 as a final Public Hearing date, for proposed Ordinance No. 926, regarding Rezoning Application No. 05-015-R, submitted by Leland Dyals to rezone Lots 1-2 of Block 182, Okeechobee, from Residential Muliple Family to Heavy Commercial - City Planning Consultant (Exhibit 8). b) Vote on motion to read by title only and set final public hearing date. • c) City Attorney to read proposed Ordinance No. 926 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 926. b) Discussion. c) Vote on motion. B.1. a) Motion to read by title only and set January 17, 2006 as a final Public Hearing date, for proposed Ordinance No. 927, regarding Rezoning Application No. 05-016-R, submitted by Daniel B. Creech to rezone Lots 9-11 of Block E, Wrights Third Addition, from Industrial to Residential Single Family-1 - City Planning Consultant (Exhibit 9). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 927 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 927. b) Discussion. c) Vote on motion. C.1. a) Motion to read by title only and set January 17, 2006 as a final Public Hearing date, for proposed Ordinance No. 928 providing for the extension of a Right of Reversionary Clause as provided in Ordinance No. 842, Buxton Alley Closing - City Attorney (Exhibit 10). JANUARY 3, 2006 - CITY COUNCIL AGENDA - PAGE 6 OF 7 VII. NEW BUSINESS CONTINUED. C.1. b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 92 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 928. ib) Discussion. c) Vote on motion. D. Consider Alley Closing Application No. 78 submitted by Sonny Williamson, closing the East to West alleyway in Block 93, Okeechobee -City Clerk (Exhibit 11). E. Presentation pertaining to flooding issues and the Lake Okeechobee Recovery Program - Benita Whalen, SFWMD. F. Discussion pertaining to Commerce Center property issues - Travis Chambers, Adron Fence. G. Discussion pertaining to Blue Heron Homeowners' request to drive golf carts on the street - City Administrator. H. Motion to approve an Agreement between the City and LaRue Planning & Management Services, Inc. for consulting services regarding a technical assistance grant in developing a Capital Improvement Facet to the Comprehensive Plan - City Administrator (Exhibit 12). Motion to approve a Participating Party Agreement between the City and Olde Tyme Construction pertaining to the CDBG grant requirements - City Administrator (Exhibit 13). J. Motion to approve a recommendation made by the Code Enforcement Board to reduce a fine for property owner Shannon Martin, 703 South Parrott Avenue - City Attorney (Exhibit 14). K. Presentation pertaining to the Hamrick Trust - J.A. Tootle (Exhibit 15). JANUARY 3, 2006 - CITY COUNCIL AGENDA - PAGE 7 OF 7 VII. NEW BUSINESS CONTINUED. L. Consider a request for an 80 percent reduction in parking for the Flagler Building Addition, Lots 1-2 of Block 167, Okeechobee - City Administrator (Exhibit 16). M. Motion to approve the 2006 Employee Grievance Committee - City Clerk Regular Member Bill Saum/Alternate Member Donnie Hagan - Police Department • Regular Member Jeff Baugh/Alternate Member Glenn Hodges - Fire Department Regular Member Marvin Roberts/Alternate Member Rick Amiet - Public Works Department Regular Member Katrina Cook/Alternate Member Robin Brock - Administration/Finance/General Services/Clerks Department VIII. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. Is Ll- M City of OkeeclIffibee 55 Southeast 3' Avenue Okeechobee, Florida 34974 Phone: (863) 763-3372 exL 218 fax: (863) 763-1686 Date Received: „ a.' OS Fee Paid: Preliminary Approved On: to, 4 105 Distributed to City Staff ) ' � 3 (C >G mioff ` JAN 3 AGENDA Notices Mailed: (� I , 05 Sign F Publication Dates: 1"Ad 2nd Ad:. Public Hearing Date: Q5 City Council Action: Final Signed Records/Plats to Clerks Office: APPLICATION FOR FINAL PLATTING OR SUBDIVIDING PROPERTY NAME OF PROJECT: R T A( Tn w J o z:) ES i-,4 1 �.5' NAME OF PROPERTY OWNER(S): / r );�- K Q -gyp L 3 -7.3 -- OWNER(S) MAILING ADDRESS: rr� 0' 13Q X I? 00 Q RCN OWNERS PHONE: a e, -5 �- 7 8pZ FAX: A ` P NAME OF APPLICANT: A S m u S.S LA) L=1-1 NG b ,2/S C /V P APPLICANT MAILING ADDRESS: i t3 1-/473-19178 L I APPLICANTS PHONE: 0(, Z --7, , FAX: S3? 3 "' 16 7 e -5760 C . A CONTACT PERSON: t7 fZ / 5 C A -,3 tj S 1'fi N CONTACT PERSONS PHONE: �3 6 3 -6 1 0 — 0 /3 FAX: �' 3` 7 S6 T ENGINEER: LpR/S rs PHONE: C u ADDRESS: SA rY1 � 1-4S /�- QO �%C FAX: 6 6 7- 60 C��ouGvna• 1 It PHONE: _c� 1 _ q l! -7-- v i • � r-� ram. — ADDRESS: 0;k } 73 S C cJ 3 t2' Tip <9 lC�C t/48E FAX: G - - 02� DESCRIPTION OF PROJECT INCLUDING ALL PROPOSED USES: 13/?E,V 7-t D pp 1E•S rt3 ?C$ /57 % S NUMBERIDESCRIPTION OF PHASES: P LOCATION OF/DIRECTIONS TO THE PROJECT: Z-7�t.i0 OF S L /c3 7:k5r Q (CAL-Cf Oleo--2 R EXISTING IMPROVEMENTS ON PROPERTY: u-) ,4TC- e P IS PROPOSED USE DIFFERENT FROM EXISTING OR PRIOR USE? YES NO NIA E TOTAL LAND AREA IN SQUARE FEET: 3 j t' % OR ACRES: 7 R R EXISTING IMPERVIOUS SURFACE: 3 SJ O U U SQUARE FEET 6, 8 1� ,5 ACRES % OF SITE Y ADDITIONAL IMPERVIOUS SURFACE: . J, aZ if 3 SQUARE FEET 0. 5 3 q ACRES % OF SITE PROPOSED TOTAL IMPERVIOUS SURFACE: 2� y,3 S 9 FT I • - / a Ac CURRENT ZONING: )�'S CURRENT FUTURE LAND USE:.$ CONFIRMATION OF INFORMATION ACCURACY I hereby car* 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,anand imprisonment of up to 30 days and may result in the summary denial of this application. / 'Ie, r 6eft ©L� ��L C 1.2 O_S Signature of Applicant Printed Name Date • • Technical Review Committee Comments Replat of Brentwood Estates Final Plat Review LaRue Planning and Management - Provided comments in attached Staff Report/Memo. Ed Trent, Okeechobee County Health Department - Nal� L.C. Fortner/John Hayford, Okeechobee Utility Authority* - ?A fe- Ave /riOB/� an � /6rT a/T��-✓: rah .�. �`ffi � /.� � >4 Donnie Robertson, Public Works Director - Oscar Bermudez, City Engineer - Brian.Whitehall, City Administrator - '-k � z o v - / ,tom. s -'--Or • 0 VICES Inc. LARUE PLANNING & MANAGEMENT SERVICES, 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 • FAX: 239-334-6384 e-mail: larue-pialining@att.net Memo To: City Council Members Advisory Board From: James G. LaRue, AICP Date: November 28, 2005 Subject: Brentwood Estates Based on the determination of the Utility Authority Director and the Health Department, it was agreed that it was not detrimental to switch to septic. It should be understood that a circular drive would be required along with 30 foot front setbacks for each single family residence. Additionally, the applicant is still required to meet the minimum lot size requirements as set forth in the Section 90-105 (RSF-1 Zoning District) of the Land Development Code. Drainage issues discussed in the City Administrator's memo dated November 17, 2005 must also be addressed. If you should have any questions, please feel free to contact my office. JGL:lk cc: Brian Whitehall, City Administrator John Cook, City Attorney Katrina Cook, General Services Administrator i SE 9TH COURT BRENTWOOD ESTATES - REVISED 1• ALL POTABLE WATER MAIN PIPING IS PIGMENTED BLUE. THERE IS A FERROUS METALLIC CONTINUOUS 'TAPE', WHICH IS COLORED BLUE AND BEARS THE WORD 'POTABLE WATER' INSTALLED ABOVE THE WATER MAIN AT A LEVEL OF 18' BELOW FINISHED GRADE (MAXIMUM. 2• CONTRACTOR PROVIDED DUA SHOP DRAWINGS FOR ALL MATERIAL SUPPLIED FOR THIS PROJECT PRIOR TO THE PRE -CONSTRUCTION MEETING, SHOP DRAWINGS WERE APPROVED PRIOR TO THE START OF ON -SITE UTILITY WORK. 3. CONTRACTOR INSTALLED FEBCO BOSBY DOUBLE CHECK VALVE BACKFLOW PREVENTION DEVICES AT ALL SERVICE LOCATIONS, WHICH MEET A.W,W.A. STANDARD M-14• Perlrleter Berm w/ Top Elev, 22.36' NGVD LEGEND, ASPHALT CONCRETE SAMPLING POINT •�•� LANDSCAPED i ' DITCH PLUG TO N.G. FLOW ARROW FIRE HYDRANT T_-Z DBL. CHECKVALVE t_t�t T WATER STUB OUT CHECKVALVE 6' WATER LINE f- L-ATER MAIN Lot 10 Lot 15 LOT 14 Lot 13 Lot 12 Lot 11 0.50 ac 0.50 ac 0.50 ac 0,50 ac 0.52 ac 0.43 ac Lot 9 tktty Easement Landscaping/Prly y0.5 ac Fenceto dev IT UtCh lockr Monhels . . . . _-..... ` • e �a +. Q ' 30' R/W • + • d Raw . . .`. .. w a 6 '• . 5W R a NGVD ---•� LIVE' , _- _. .: r _ _. /� \ Dc•• send • . \ Checkva!ve Dnnetr \ + 4 f sTaP SIDEWALK 1 SIGN t v i 4 s Bena - -- "e thernoplastk = \ y ran _ H d * r • 4 ' stop str - : +a �'.�\�- Check•dalve �� �° D:cneter 45• Dil%ter Lot 8 Dig-t4r RFn6 r �� B Fri Lot 5 •.-- � ytirani. 0.5 ac L OTH 5T sl •' • p � LOT 1 Lot 6 S• .� .� ( 0.42 AC Lot 4 0.50 ac 0.50 ac D'°°ete'. ,DOUBLE ' LOT sS' Bcr.e3 CHECKVALVE --" .�� + �`-- 6' DI. -ter 45' LOT 2 0.50 ae VEST ROAD Bend '7 EASEHFMT TO Dc ',n$� D.35 AC 0.52 ACC' Lot / REMOVED AT LIAR 15 MPH RRR CERTIFICATION 0.50 ac y Ri Landscaped 1.) ALL UTILITIES AND PIPE DETAILING CONFORMS WITH THE LATEST SPECIFICATIONS AND REDUIREMENTS AS APPROVED BY F.D.EP. AND OUA. 2.) ALL PIPE LENGTHS CAN BE SCALED FROM CENTER TO CENTER OF PIPE .JOINTS. Proposed Minimum Finished Floor at elevation 23.86' N(;VD 3•5 THE CONTRACTOR IS RESTORING ALL DISTURBED AREAS (ONSITE AND OFFSITE) TO EQUAL OR BETTER CONDITION THAN EXISTED PRIOR TO COMMENCEMENT OF CONSTRUCTIOK Building Setbacks: Front 35' Side 10' Rear 10' 0 CONTRACTOR NOTIFIED THE ENGINEER OF RECORD 72 HOURS PRIM TO TESTING OF WATER MAIN, 5.> ALL FITTINGS AND VALVES ARE SIZED APPROPRIATELY FOR THE PIPE SIZES SERVED, Lands shown hereon are located in Flood Zone C. according 6•) WATER MAIN TESTING PRESSURE, 150 P.S.I. FOR TWO (2) HOURS. PRESSURE TESTING PASSED ON SEPTEMBER 23, 2DD5. to FIRM panel no. 120177 02008, dated 2-4-81. 7.) THE CONTRACTOR WAS RESPONSIBLE FOR PAYMENT OF ANY AND ALL PERMIT AND/OR INSPECTION FEES REQUIRED. 8J BACTERIOLOGICAL TESTS WERE PERFORMED ON THE COMPLETED WATER SYSTEM, SATISFACTORY TEST RESULTS HAVE BEEN PROVIDED TO THE ENGINEER OF RECORD. I REVISIONIS 1. 2. 3. 4. DRAWN BY: L. Ass-U.- DATE: 05/24/05 CHECKED BY: LC'. LAST SUBMIRTED: Il/3/2DD5 Use 6 water main throughout 9.) ALL TESTING WAS PERFORMED BY THE CONTRACTOR AND SUBMITTED TO THE ENNGINEER OF RECORD PRIOR TO CERTIFICATION OF COMPLETION - Septic Tank & Drainfieid with approval by Okeechobee County 10.) AS -BUILT CONDITIONS WERE PROVIDE TO THE ENGINEER OF RECORD FOR THIS PLAN l AsuosscN NciraEEaiNc P.O. Box logs Health Department 11.) BACK FILL ON ALL UTILITIES MEET AASHM T-I80) 98 PERCENT 13F MAXIMUM DENSITY UNDER ROADWAY AND 95 PERCENT MAXIMUM DENSITY•z �JJJ���,✓„// OEECHosEE. FL. 12,> UNDERGROUND UTILITIES WITHIN THE ROAD RIGHT-OF-WAY WERE INSTALLED PRIOR TO PLACEMENT OF ROAD BASE. ?11 34973-1998 Directional bore utilized under SE 9th Avenue to make the _ a 13.) �E' CONTRACTOR MAINTAINED A MINIMUM 30' COVER OVER WATER MAIN AS REQUIRED BY OKEECHOBEE UTILITY AUTHORITY (OUAX . J 1 ^� Or -ACE PHC:SE: connection to the existing water main. 14.) ALL SERVICE LINES HAVE A MINIMUM 20' COVER AND TERMINATE WITH A CURB STOP. ;363) 763-85?6 No circle drives allowed in subdivision. 15J ALL POTABLE WATER LINE PIPING IS PIGMENTED BLUE PIPE. IT The Okeechole News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeare Judy Kasten, who on oath says she is publisher of the Okeechobeg News, a DAILY Newspaper published at Okeechobee, i Okeechobee County, Florida; that the attached copy of advertise ment, being a 10 in the matter of l�ct-C. in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid not promised any person, firth or corporation any discount, rebate, commission or refund for the purpose of securing this ad rt ement for publication in the said newspaper. Swop to a subsc before me thiso� PUBLIC HEARING NOTICE - - - d A FINAL RE PLAT OF BRENTWOOD ESTATES NOTICE: Mad( Tmendle; has filed a Find Plat -A Icall for the Regat of Brerd. n wood Estates with the Cdy of Okeechobee ., adtla on belplj of the properly. ovmer Brentxrood A«es LLC.uThe.POBII�ppNp�gEARIIIG wtl 6`e IidG•tidore die Cdy 6 Mal ��4 k'c id�r andK \o ail d a i Atdarasdahonvat,�863) 7 337 k212 Tfas bras TabNit the DecerObeir G'+ frg2005CftyCouncil g , e t.,1. a ,,) TTffiiee P� project rs a.15 lot Re3id Sop�e 1 army 5ubrvlsrbn 81357 acres lotated'id,the t00011100 and 12Oo Bfocksof S$ east 1 Street l�gd'd ortbd a of land In iFie Soutlreast 1144 tbn 22t T0t1n�p7 SouthEast Okeecho7lee (ouh� Rodda, andbe inp more panc�u�ady describe Ss3ollows Cohilnence at 1be center VIM Section 22 as ado d wNr 4"x4 concrete monument tharrt SauB(0 deer dawn feet iwer huce ktcheS Watt abnO be' liki gne of said SdtrBreast f14 of Section 22 A (Ostance of 815 25 feet to ffieirderseobon wo the Soyth�ne oFthe lands dtescdt%dm DR. lfeok 35d N9641591 bqo Recor&of Dkjech66e K §4Pd es die east corner of card lant� dP S l s • BFlCe4 29mcheS East,. along the East 11* of saW lands scribed h R gook 355, pageA a dis tarrCetof H2lAfeet to the r n xWr t(e No'iilr 114 of the S60ll2 bflfie YNbrtldy.9ilAV the So0east�t/4 of sdd.Sec0on 22 thence Soutlr 89 deRees 10fE* n�rEast,! along said Nordfllne `a distarioe of 1bd2 S3 feet to the qi tlrt East Tine of sard`NoMWest il4 '' Me Soutlreas[ 114 of sad (hence }South 0 dues 40:feet 4 ktchK alap said Fast fare a i sf R330rf0 feet'.to51t(t titgnabYsadSout VZdf the a 1//gg id" SauBieast4`/d Irtt SecOon 2Z tlrence t1«Ih 89,de 6b a 121ncOWes�`ab"h� said So kne a � 135�83 feet tb cbortwdlr sakii€a3t E 1hesSodtfieast i74 ff 21 thence 11 feet 29 uxdres East a diste;of t74 80 feet to Ore poird 0 E ANO RE ADVISEDi that B mo B5 m dedsldn"` The City Cau VISEDn apped4arry � , uch f rested e5pe� ►d anY m at tills perso n n€eO,alrecordaJ procee�rl all fa purpose may need,to ensure a4erb�m fiord tre pioceedrigs Ls brads, . V4dGh ret induda tie tesbn ands tndeh¢e,0 tifitcfrthe'apped u to tie based 611y Clet( lwtapes are 1« Uie solerparpoee oltiaclaot is offiiad rec«ds of the petit , r , 4 F- (n adcordance wNt thr Amencarrs wNi'brsabdrly, Act (ADA and Fiorida S6116 28626 persons wqh Gisabgd%§ ee� s rdl adcommodaton tcpartlppate M ter proceedurp stould cardact amItb ra Eater trap tirfli).wodang days ,ppnnoo� tq the pprorocceedrrg at 863 763 83 30l ,rf heating «vdce:impaned Fdl TDD'i�eoo 222�944B (voice) as t85s20'ji 1Y) BnmtWliaq ZonngA' minisbator , 104857 ON 1?J22/05 day of( A.D. 20 d R . Ei" w_n Notary Public, State of Flor da at Large COftItY113SI0t1 fiDB2721 1,01 9 ;.4, Expires: Jan 17, 2008 FAQ Bonded Thru Atlantic Bonding Co., Inc. EXH/8/i 2 N JAN 3 AGENDA 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 V day of January, 2006. ATTEST: Lane Gamiotea, CMC, City Cliprk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor rl Aak 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: Petition No. 05 _ Q 1,3L Fee Paid: 1500 Jurisdiction:Pb) cc 1st Hearing: I C5 0'5 2nd Hearing: Le } i r, l. Publication Dates:,l 1' HASj,, it P f Notices Mailed: Uniform Land Use Application D,. . C..nnini Ti'vonntinn • Vavianrp Name of property owner(s): RAUL & KATHEY L. GAMIOTEA OL- Owner mailing address: 83 ST. , ARCADIA, FL 34266 Name of applicant(s) if other than owner (state relationship): JAMIE GAMIOTEA (son) Applicant mailing address: 824 SE loth ST. , Okeechobee, FL 34974 C A Name of contact person (state relationship): JAMIE OR LANE GAMIOTEA (SM/daught -X—in—law) N' LIJ, 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 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 g Is a sale subject to this application being granted? NO T Y Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: YES Describe adjoining land uses / improvements to the North: SINGLE FAMILY RESIDENCE (2 ac) South: VACANT/UNPLATTED East: SLUE HERON GOLF COURSE West: UNPLATTED/VACANT Existing zoning: HOLDING Future Land Use classification: SINGLE FAMILY Actions Requested: (x) Rezone Special Exception Variance Parcel Identification Number: 2-22-37-35—OA00-00042-0000 Uniform Land Use Application (rev. 1/03) Page 1 of 2 Describe the Special Exception sought: P E �C L. Provide specific LDR ordinance citation: A_ 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: Uniform Land Use Application (rev. 1/03) Page 2 of 2 a t t . 1 2. 2005 > > : 2 s AM I��IIIIIR�IIIINII�lI noiimin°nidlllllUgiun 2 • FILE MUM 2004014131 OR UK 00538 PG 1734 SHARON RODERTSONt CLERK OF CIRCUIT COURT THIS INSTRUMENT PREPARED BY AND RETURN TO: OKEECHOBEE COUNTY. FL RECORDED u2/04/2004 02:42:08 PH Elitetl'i ;'Inc ' RAGOi I RECORDING FEES 10.00 1120 South Parrott Avenue OECD DOD 735.00 RECORDED BY G Neubourn Okeechobee, Florida 34974 Property Appraisers Parcel Identification (Folio) Numbers: 242-37-35-OA00-00042-0000 Spam Above This Line For Recording Data THIS WARRANTY DEED, made the 30th day of July, 2804 by Michad A. Brown and Edith L. Brown, whose post office address is 2472 NE 6tb Street, Okeechobee, Florida 34972 herein called the grantors, to Rnul Gamioten and Kathey L. Gamiotes, his wife, whose post office address is 83 West Granger Street, Arcadia, Florida 34266, hereinafter called the Grantees: (Wherever used herein she terms 'grantor" and "grantee" include all the parties to this instrumeht and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the grantors, for and in consideration of the sum of TEN AND 00/100'S (SIO.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 19 OF THE SOUTHWEST 114 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 114 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 A 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 convey said land, and hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2003. IN WITNESS WHEREOF, the said grantors have signed and sealed these presents the day and year first abo en. bigned and delivered ' t e presence of: Witness # 1 Signature P'Ai NUA A. HAGOt Witness #1 Printed Name i�tatur � Witness #�, f�o/1 MUffW&4d Edith L. Brown Witness 42 printed Name STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this 30th day of JulK 2Q0 by Mee mel A. Drown and Edith L. Brown who are personally known to me or have produced i �i 1� tC.�6 as identification. SEAL �2 PATRICIA A. RAGON 40tRY Public MYCOMMISSION.* DD037091 anM1 6xrraas:me.29,sw5 'P.MR1C1AA.RiAGON I�m3+uort�+ F`nwe�saeer,a Printed Notary Name My Commission Expires: File No: 04-1731 10/09/2005 22:48 863763lc86 CITY OF OKEECNnBEE PAGE 02 City of Okeechobee Planning Department SS SE 3rd. Avennq _OkeeeFL 34974 Prow, (941) 7"73 Fn (941) 763-16M LAND USE POWER OF ATTORNEY afore of ftM s : au\ cxrn%OZ LC,-. atecl p� � bbAngAddrein: % 3 W . GcZ $ Sk . Prc," xo- V-L . 3y7.6 to 3- 6 - b 0 Work T : %63 -L1g4- -5t 00 VofA : mber: a - a a _ 3 - �j -- ()00 Lf a -- CiCJc) C) amt: -O Work T Undersigned, being the record tide owner(s) of the real property described above, do hereby Fm unto the Applicant stated above the Bill right an power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may Wade rezoning of the property, the gnmUng of spe W eoreeptions or variances, and appeals of decisions of the Plaerfu * Department. It is understood that conditions, linutatiom and restrictions may be laced upon the use or operation of the property. upon appHosdon or in any hearing y result in the termination of any spedal exception or variance and a proceeding to rezone the property to the original dauffic don. M power of attorney may be termimated only by a written and notarized statm»ent of such termination effectin upon reoeipt by the PlaminS DVFftnent. q VVITNES S WHEREOFTHE UNDERSIGNED HAVE SET THEIRr r SEALS THIS DAY OF ii . • • , . , *a me the wadenWW a dwnty Poly appeand the owner(s) named above wbo upon bwS &ly ban ackn wh dVil belt nro thffa that' are the owners) ofd* real property defx,ihed above #Ad d let rf s� paver of m mey� stated therein. Sworn and mbseribed tleis �L day � E publke State of Florida My t go09119 n DD473642 sBAL �' 1 � 1 ac o � a nd Expires 0911912009 • 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. cQ IODO02005fLE22F )OOOOZOOSEL£ZZE rn m oe c000aaoozoo5ecezz£ OZ POOODOQ02O05fC£22E R} Q 0600oZ005£LE2ZE � DL[ODOOODD2005E[fZ2f 1000020D5FCFZ2£ OOS0o00000Z005fLFZ2F tS] C7 CO 0000002009CLE R7OQ03W05ELf, r-- o o _ } CY o c1J Q � O O n o6D000aoaazooSFLezze � 9 N osoD00000azooSFLEzze y V V L1 7u� C-D co 0-)LL �� CT o o Q ¢ CV 0 r.� N N Q L? O O _ C� O Q U o Q o li] n Q � L/ .L/ W N N Q7 c; rnI I� NOT INCLi[I -a u. .�.. w wMOI�' = we� NOT PLATTED I , ; ::� r i•� V :� �+ NOT PLATTED 589'10'09�E 668.43' ( T NOT INCLUDED 667.9 3.035 ACRES d: o VACANT m �r M NOT PLATTED 1336.86 0' 1/r---- NOT PLATTED ----- I o z ''MR I� t o \ IN 665.75: - _ -- 589'10'15'E ---'-�----- 1 1 m • IhNh r - I • I r I 668.43'--------- -----------------------= 1337.50' I 1 'W n N I� I r• 'I mI- m , I NaWIO!21'W 2652.28' SECTION 27-37-35 I • I 1 suits- 22 23 27 i 26 Boundary SuIrvey ®4 ® p®Qc®u ®f Bond Dying on Section 229 Township 37 8s9 bang® 35 fps Iraft owes NeddB®n Okeechobee County, lFDoirlds 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 MID EGRESS OVER THE WEST TH1RTY (30) FEET OF THE SOtlTH TWO HUNDREDTHIRTY-OGHT (23B) FEET OF THE SOUTH 1/2 OF THE SW 1/4 OF THE NW 1/4 OF THE SE 1/4 (OF)SECTION 22. NORTH ZP 37 ONE MINDRD) ITH RTYRANGE TWO_�tb2) FEET OF TT35 EAST AND OVER HE NW TM4Rh0i' 'THE SW 1/4 OF FEET OF THE SE 1/4 OF SECTION 22. T IP 37 SOUM, RANGE 35 EAST. SURVEYORS NOTES Subject to easements and restrictions of record. Lands described hereon not abotoeted by this office. Underground utilities and foundations. if any. are not shown. The description shown hereon was pr.pored 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 Ohd mapper. The surveyor did not interview adjoining land owners for unrecorded deeds or easements. Devotions shown. H Orly, are based upon assumed datum. to ds shown panelhno. 120177 0 330U dated 2-4-81. ereon arc located In Flood Zone C, according FIRM SURVEYORS CF_RTIFICATE 1 hereby certify that the attached sketch of survey of the hereon described property is true and comet to the beet of my knowledge and 'ef as surveyed in the field or my direct supervision. pact the qualifications noted a n. cExl.lm To vlE raLnws+c I+ARIIES: RAUL 0 ANON L aWaTG ITS Sl10CE9.a178 A/0/OR ASSgIK R. Almond. Professional Surveyor-4lapper 10M 111111 a AMCE CD PhW Florida RegistroUon No. 1.5508.1 LAST FIELD SURVEY DATE. JULY 27. 2004 4138 PREPARED (FORT RAID AND KA4HET ®AND®TEA DAME$ R. ALMOND. PSM 21i7S SW 30 1ERRACEEFM -} lip; My_ db7 ___.FA ' 497-6121 PArW to Starllot 00 /s ' 1 of J . 1375 Jon Street, Suite 206 Fort M s, Florida 33901-2845 : Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(c),att.net Staff Report Rezoning Request Rev1sed, Dr5trIIDutzd a;t +VIK Ramma BoaroL Prepared fog: The City of Okeechobee Applicant: Mamie Gamiotea Owner Raul & Kathey Gamiotea From: Holding To: Residential Single Family One Petition No. 05-012 R Staff Report Rezoning Request General Information Applicant:. Jamie Gamiotea Petition No.05-012-R Applicant: Jamie Gamiotea Applicant Address: 824 SE IOth 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 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-l. This would allow the applicants to construct two single family residences on the property. Adjacent Future Land Use Map Classificafions and Zoning Districts: North: I Future Land Use Map Classification: I Single Family • • 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 I] �J 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. 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 4 November 15, 2005 - Plannine Board - Paee 2 of 8 IV. NEW BUSINESS. A. Rezoning Petition No. 05-012-R. Consider a recommendation to the City Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: 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 Planning Staff Report Summary: The zoning request to RSF- I will accommodate the proposed (RSF-1). The subject property is located at 1109 Southeast 9th Drive. The use of single family residences on the property. As it is now, the applicants would be unable to property owners are Raul and Kathey Gamiotea, the applicant is Jamie develop the property under the Holding Zoning District, thus making this request necessary. Gamiotea. 11 40 11Planning Staff Report Analysis: (A) The Single Family Future Land Use category allows the type 1of (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. 0 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 loth Avenue and Southwest 9th Street and Southwest 15th Street. The property owner is Frank Altobello, the applicant is 15th Street Holdings, LLC. 11 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 The O•chobee News P.O. ]Pox 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a I�}� .�2�•.C� ipi in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of ,YO 6S Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn o a subscri fore me this 40 ;jt� ;; '.PU9UGNOTICE" CONSIDERATION OF ADOPTING A Ctry ORDINANCE PLEASEDnjCTAKKEr NOTICE ihet the Cdy Counlciof he CKy of Okeeclwbee, Ronda will Jqrwmy NaF 553E 3N *3 2006 at 6.00 D afteA,ta " final of, � " POBLJC � NOS92D. , C NO AMEN ME OFF CORI it Nfi CE TRACr F C LAN ;MIORE OLAhL� DESflI FRO, jH INfipDISTRICT TRESIDEF ZONtII SD WIN- GarnW"WENDINE ZQNMNABILftheAerficahon isto to Resrderdrai Sin' eDFasi�-OneAsf-') for reed at(j 1 O9 SouBceast 91hihlve All meh�ers of ttw a `enc5el i ngs The �ropd§ed 0 nano: maybe inspected in its by members otthe pub, he in the: Office ofthe Citt WcClerk d(i regular business 6orirS MdfiSrn 6a 8 er fa holiday T 0-0 PLCASE TAI NOTI AND:BE ADVISED it aR iFAarry persen 'de Si to ia(ry ;)decisionemade iheCCeursa 4wftla' 14 Maprq Qi�l�rrtefSs{ed.pirsim?II fa such purpose may treed to n 286 § e* dis inr es riee6fp Sabi ,,f DA)x Stables this p . ng shoals cbrrtact lane Gam s pn tathe>preceedkg at-1i63 763 3372«x215�cz1 TOD`1W", 22 3aaa(rotce 091 B6e ti ss trrvi_: z Lane Gamlolea, CMC CITY CLERK k t "� TG48890N12/27/06 i day o I=Jer o A.D. 20 o - R. Notary Public, State of Flori a at rge = T v�o= Emwn '�••�Coinmission #DD2721 N •',e� Exr i�:,s: 3�,1 l7 2Ct�d c=F Bonded Thar Atlantic Eonding Co., Inc. EXHIBIT 3 JAN 3 AGENDA 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 15T" 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 9T" ' STREET; NORTH OF SOUTHWEST 15T" STREET; AND EAST OF BLOCK 202, AND SOUTHERLY EXTENSION THEREOF, FIRST ADDITION TO THE CITY OF OKEECHOBEE, AND EAST OF SOUTHWEST 10T" 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 Wh 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 Am 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: Petition No. 5 — O 1 3 — Fee Paid: noJurisdiction: C-C- 1st Hearing: 1 I 5 2nd Hearing: ` a-Lqr- Publication Dates: r} 16M,Wd 11 C 6 itla!) Notices Mailed: Uniform Land Use Application Rezone - Suecial Excention - Variance ✓ Name of property owner(s): Frank A 1 o b elln, 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 & Max well, P.A.; Attorney N` LLJ Contact person daytime hone(s): A 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? na P R` Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: .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 RI 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: RSF East: R S F West: R S F Existing zoning: holdina Future Land Use classification: RSP Actions Requested: (__X) Rezone () Special Exception C_, Variance Parcel Identification Number: - a t - - -on Go - 0000 © 0 Q f✓ Confirmation of Information Acmracy 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 and imprisonment of up to 30 days and may result in the summary denial of this application. %I a �-Yvllti A(4-. ti i l /afl�Lf�� Suture I Printed Name Date er Uniform Land Use Application (rev. 1/03) Page 1 of 2 current zoning classification: Requested zoning classification R i What is your desired permitted use under the proposed classification: construct single family residences W." __.......... O If granted, will the new zone be contiguous with a like zone? E7 es Is a Special Exception necessary for your intended use? n o Variance? no Describe the Special Exception sought: Provide specific LDR ordinance citation: Are there other similar uses in the area? Is so, describe: Why would granting your request be in the best interest of the area and residents? If business, briefly describe nature including number of employees, hours, noise generation and activities to be conducted outside of a building: Describe Variance sought: Describe physical characteristic of property that makes variance necessary: Did 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 • • 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. RANK ALTOBELLO Sworn to (or affirmed) and subscribed before me by Frank Altobello, who is personally known to me, on this /4/ `day of October, 2005. Notary Public (Seal) e ., %C DDIMW evkes FgWtWy 12, 2W? 10/14/2005 15:13 FAX 8637631179 MAXWELL & MAXWELL Z 002/002 15' Street Homes, LLC Petition No: INTENDED USE. NATURE OF ACTIVITIES AND DEVELOPMENT OF THE PRO ERTY 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"' STREET HOMES LLC ozv'A-�>' By: AN C Its: anger 8637631179 MAXWELL & MAXWELL I0 004/004 u 150' Street Homes, LLC Petition No.: APPLICANT'S STATEMENT OF XNTFBEST Applicant has the subject property under contract and intends to plat and develop the property into a single family residential subdivision. 15"' STREET HOMES LLC By: ranagger C Its: MAAWtLL 6 MAXWELL 1a 002/004 15`" Street Homes, LLC Petition No: STATEMENT OF SPECIAL REASONS AND RAMS FOR REQUEST The future land use map provides that the subject property should be zoned residential single family_ The basis for the request is to make the zoning consistent with the future land use map. 15`h STREET HOMES LLC — 0"ZVZ� I By: J Its: IK4anager SKETCH & DESCRIPTION THIS IS NOT A SURVEY EXHIBIT "A" S.W. 9th STREET 4 1 �n >E LU O Q a L V CN O m o N a s V c U W OW J m m O = PARENT TRACT U TAX ID# w 2-21-37-35-OA00-00006-B000 V s CONTAINING 33.60 ACRES, MORE OR O LESS { x •N v� s 1 M) z 0 N L' W N U N 89'34'16" E 1028.18' (M) LEGEND O.R. OFFICIAL RECORDS ID IDENTIFICATION Z DIA. DIAMETER O 0 FP&L FLORIDA POWER & LIGHT ni cn SUBJECT PARCEL P.L.S. PROFESSIONAL LAND SURVEYOR CONTAINING 15.44 ACRES, POB POINT OF BEGINNING MORE OR LESS POC POINT OF COMMENCEMENT LB LICENSED BUSINESS o, C.M. CONCRETE MONUMENT V RIGHT OF WAY o) N s MOM" w ?sapq' (M) � X � N �<C7 Or Yz O D O W J ti LL m mQ a 0 a S.W. IOth STREET Q 0 O _J LL CO W NLU m 0 O LU Y00 `° O 0 LiO I-- Z O Q N F- 0 s_ 0 u- r*m U) L4 U1 K CENTERLINE N (P) PLAT (D) DEED m (M) MEASURED S 89'34'16" W 785.88' M EW (C) CALCULATED S.W. 15th STREET LEGAL DESCRIPTION NOTES ALL OF THAT PORTION OF THE LANDS DESCRIBED BELOW LYING SOUTH OF A LINE BEING 1. THIS SKETCH AND LEGAL DESCRIPTION IS NOT A BOUNDARY SURVEY. PARALLEL TO AND 696.62 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES TO) THE NORTH RIGHT OF WAY LINE OF SW 15th STREET. 2. THIS SKETCH AND LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR. 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 'ITS 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; 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. 3. BEARINGS AS SHOWN HEREON ARE BASED ON FLORIDA STATE PLANE GRID BEARING, SOUTH 8934'16" WEST ALONG THE NORTH RIGHT OF WAY LINE OF SW 15th STREET. CERTIRCATION 1 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. i4a.- 5regory S. Fleming, Date Professional Surveyor & apper Florida Registration No. 350 NOWHSTW Scale N.T.S. Job No. 05-126 iECWM 77CS 15th STREET HOMES, LLC Checked by. GSF 900 EAST OCEAN BOULEVARD, SUITE 140 SKETCH & LEGAL DESCRIPTION Date, 10/14/05 STUART, FLORIDA 34994 (772) 781-6400 PHONE (772) 781-6462 FAX SHEET 1 OF 1 1375 Ja n Street, Suite 206 • Fort MyW, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(&,att.net Staff Report Prepared for: The City of Okeechobee Owner: FrankAltobello, Trustee Applicant: Marvell & Ma mell, Attorney From: Holding To: RSF-I Petition No. 05-013 R Staff Report Rezoning Request General Information Applicant% Frank Altobello, Trustee Petition No. 05-013-R 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 10TH 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 • AppI ant:. 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 Request: 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 Staff Report Rezoning Request Applicant% Frank Altobello, Trustee 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 I 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. 3 Staff Report • Applicant:. 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. 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. 11, Staff Report Rezoning Request Recommendation Applicant:. Frank Altobello, Trustee Petition No. 05-013-R 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 November 14, 2005 Ms. Katrina Cook General Services Coordinator City of Okeechobee 55 SE 3rd 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 71h 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 9`h Street south to SW 15`h Street and SW 15`h 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, a� Brenda T. O'Connor 1020 SW 7th Avenue Okeechobee, Florida 34974 Herman & TressieZo 1,308 S.W. 71h. A Okeechobee FL 34t Ms. Katrina. Cook rvices... o.. ina o ral,Se C r& t rcity� ..of Okeechobee: "t. 3 rd A Okeechobee, FL34574 Rezoning Petition #05--01,1-R Altobeliq Oar Ms Cook ; We are writing this in reference. to: the above men. boned 040ne. rezoning petifron:forthe property immediAt9l Y-10ibing the 41 lots we.awn. fi6icated on SW 7th Avenue Weareout .of town and are unable to _4ttind the meetingthis evening: :j. .khvown d a`ho me o!7th.-Avenueicining-th.e.Alt4boll6ptoptrt for nearly MY years. We -also bought., the home on the north ideof .4tWotiginal- home 5 yeamagq. We ._have concerns with the: building ofhousing complexes on the -a mentioned prop a -stiated:as fbilowe jond these . re s.: 'Thgra i n age for th at particular piece of propertymdll exper net �d ng uring e h avycontinuous rains and or-hur i Vikto the: natural slougo t4#js part ofthjspropei site property. any .site Will dFre* affect::us. Ther6mirs also the- concern of a -d9"ance.,J the natufAl tc6qStern on-the:above. mentioned p'roPert -in eepr&.. the presence of fwGeagji?.s< nesting an, d 00c.094611-yrtaring several clutchegof yq -Ong Other varieties of %fow tiding: turkeysqualla;jd al sQ M40y:goph6etuetles.exist there. presently. "k yottf-Or reading butletter and any -consideration yqu c.0 give is C IA. ted . . Si.ncerdy, Herman, and Tressie Zobel ux 0XVNI Utp I.0/Z00 M! EW 0 -,q00ZJS-.T/`T! qm 99910LC98104, taxrfo =fl 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 loth Avenue and Southwest 9th Street and Southwest 15th Street. The property owner is Frank Altobello, the applicant is 15th Street Holdings, LLC. 0 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 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-I 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. 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 concem were received from Herman and Tressie Zobel and Brenda O'Conner, surrounding property owners. November 15.2005 - Planning Board - Pa—ae 5 of 8 IV. NEW BUSINESS, CONTINUED. B. Rezoning Petition No. 05-013-R, continued. Ill 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 j 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 i • (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 pro,-erty owner, explained that she was concerned about drainage issues, as well as the eventual deve. Foment 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 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 KELLER - YEA LEDFERD - YEA MAXWELL - ABSTAINED VOTING CONFLICT FORM ON FILE IN CITY CLERK'S OFFICE. 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 • 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 Okeechobe PUtiuC3 News, a DAILY Newspaper published at Okeechobee, it „ CNSMMkTftOF,ADO M,-J1 i ° -f Ri- Okeechobee County, Florida; that the attached copy of advertise, c t � • s; went, being a PLEASFTAKE NOTICE"1ha! tlle- , ", auicil of the Citti ut b6chobee Florida; w g _ m TAav Jami h0A0O6 at 6;00 D:ID Df ae',"SDDn.1)iae lei zt!Ci in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of /j p-k , fD41 80a222;34461vdiM a t 998 4a71620 »GSrtehteaCMCC 4906OR 12 fvJ05 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertis ment for publication in the said newspaper. Sworn , an subscribe&fore me this day of A.D. 2013 Notary Public, State of Florida at Large ;2 N'YP�S' n ng� ` Commiss;= #DD2,2110 ExpiieQ.: Jail 17, 2008 Bos ded Thni " ' r`.tient:c Bonding Co.. lnc_ EXHIBIT 4 JAN 3 A6ENV A 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 3" 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. Yd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: j ,5 Petition No. O J - Q 1 y _ Fee Paid: Jurisdiction: 1st Hearing: 115105 2nd Hearing: t ,f' Publication Dates: rvj 40ag WQ li (j �G 11 1 Notices Mailed: Uniform Land Use Application Rezone - Sneeial Excention - Variance FName of property owner(s): A Owner mailing address: a 0.1* Lp �P:;T Name of applicant(s) if other than owner (state relationship): Wktl. t'P T , Cs �Q - t-�(��►� >L I1. ,, V u nnK (E �-AG IEW t- Applicant mailing address: I �14 4 �o N P-"- 't AW N C_ A Name of contact person (state relationship): R4 t t. IOEPA ,-4- N T ' Contact puson daytime hone(s): 6 'y 1 ► Fax: $ fo 7 b 3 A S(o ✓ Property address / directions to property: Sys 7., hr.4t1 le"t N D Le A C LA OC Ft (-C Indicate current use of property: VA edti T Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): Approximate number of acres:3 Lem t Is p-r5opelfRay in a platted subdivision? �$S P R; Is there a current or recent use of the properly that is/was a violation of county ordinance? If so, describe: O O P Have there been any land use application concerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: p E: R : Is a sale subject to this application being granted? 40 T Y. ` Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: iSS. Describe land uses / improvements to the North: (aMM& JL(,tA L /adjoining South: 'Y Ac 0�1 f East: LLrFabgR E L►.ef Kc.� West: �.�% .L►f d1J i� Existing zoning: 291.t JDCUT 10, t_ Future Land Use classification: Actions Requested: 06 Rezone (_) Special Exception (_) Variance Parcel Identification Number: 3-,t.8.31-3f-m1b - oe400 -vcs'a 3-Z$.-3,C.00Sb.oa400 otv p Uniform Land Use Application (rev. 1103) Page 1 of 2 Current zoning classification: R F Requested zoning classification : O R What is your desired permitted use under the proposed classification: Z : (oKN22LtAL pFPILC . If granted, will the new zone be contiguous with a like zone? E _ ! IE5 Is a Special Exception necessary for your intended use? I Variance? 4 1 0 Describe the Special Exception sought: P' E C I:- Provide specific LDR ordinance citation: A L =E Are there other similar uses in the area? Is so, describe: X- C` -jE Why would granting your request be in the best interest of the area and residents? P" -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: A RR I Describe physical characteristic of property that makes variance necessary: A' N; C Did you cause or contribute to the characteristic? Is so, describe: Ei. What is the minimum variance necessary? Uniform Land Use Application (rev. vw) D- _r n 0 M 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. • ��ii Seim Sworn to and subscribed before me this 171 day of 40 ,�W.5', by G,e rQ L e who is personally known to me. COUELINE C. WIT, o Notary public S �Y comet, ex �, Of F�ida Coma, N P Dec. 199 2005 o. AA 00,,974 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. Gerald A. Lefe 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 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. Since y, Philip . Berger • 11. Existing use of surrounding property owners East: Commercial office South: Vacant North: Commerical West: SW 2nd Avenue 'Doei This Docomeat Prepared By and Return to: Tom w. comILY, III, ES untz CONRLY a CONELY, P.A. 401 N.W. 6th 8TR88T POST OFFICE DEARER 1367 OKEECHOBEE, FL 34973-1367 Pared lD Number: 3-28-37-35-0050-00400-0100 FILE h1UM 2005007177 OR BY. 00561 PG 0894 SHARON ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYP FL RECORDED 04/29/2005 04:42:49 P" RECORDING FEES 10.00 DEED DOC 133.00 RECORDED BY H Anuez Warranty Deed This Indenture, Made this day of April , 2005 A.D.. Between MARTHA G. CONELY and MARTHA SUE VENSEL of the County of Okeechobee , State of Florida , grantors, and GERALD LEFEBVRE whose address is: 1910 South Parrott Avenue, Okeechobee, FL 34974 of the County of Okeechobee State of Florida , grantee. Witnesseth that the GRANTORS. fir and in aommmation of the sumof ------ -------------TEN DOLLARS ($10)----------------------- DOUARS, and other good and valuable considetation to GRANTORS in hand paid by GRANTEE, the receipt wbaeof is hereby ackwwledged, have granted, bargained and sold to the said GRANTEE and GRANTEES bcii% somessms and assigns fxava, the following described hold, situate, hying and axing in the C—ty 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 fldly warrant the titre to said land, and w171 defend the same against kwfd chmm of an pasow whensoever. In Witness Whereof, the gn>mo.: have h=mto set their hand. and sub the day and year fast above women Sighed, sealed and delive in our presence: (Seal) EVA E&ELY MARTHA G. CONZIA Witness P.O. Addteas:3/02 South Parrott Avenue, Okeechobee, FL 34974 (Seal) TO X, III MARTHA SUE VENSEL 1 to P.O. Address: 2M South Parrott Avenue, Okeechobee, FL 34974 STATE OF Florida COUNTY OF Okeechobee y The roregoing i was aclmowkdgea before me ads p[ q day of April , 2005 by MARTHA. G. CONELY and MARTER. OUR VENSBL whoareP--Uybx-nmmearwhohaveprodumddxir Florida drivers license . EYAANECMV YYOUC0Nd0D36P51 EVA MAE CONELY E7Deoetnharl2 Y00s Notary Public Ila6d7anttaa,ttitlriralaaaaa MyCOM"sion Eapmrs: 12/12/08 rnrrcr.v_r.cvrn�ma L--G- aredtyeingyhysyWu h- moo (ass)iw-ssss rwmflwul NM V 3Ci ;::163c ht OFL£DP89R R0D .z'-15ee -"' 267686 iIEC - 7 PH t",: t 0 PW" p Ee.a&s 3-20-37-35-0050-00400-0050 GLORIA J. FORD owsm en mm 028-38-4309 CLM OF CIRCUIT COURT Wan mty Deed Z1fs TAdaPtare, Made da 7 th day et December, 19 94 Am., Betwees LOUIS R. DiMICCO, .rsecumvot Okeechobee swuat Florida ,Wastor, ad GERALD LsFIBVRR, a married man, , .1mm,ar..1.424 NW 3rd Street, Okeechobee, Florida 34972 aremom.mgar Okeechobee am.at Florida ,Qantea So** GRANTOR. b art in aariearka er *e w d — — — - — — — — — — — — — - - -- TEHin0/100($10.00)---------- DOUAJM mad efts v d md.aI " esmamadem m GRAMM Y b d Edd by OPAMP$ As not" I n, r bny acEae.Em Is W gasuk r+.pdmd &W mW in *a mid GRAMI M ad ORAMZn bra and wpm Now , As IEra,misrmy Vbs ad bobs b a. oe.h at Okeechobee swat at Flor(da .s.m Lots 5, 6, 11 and 12 of Block 40, FIRST ADDITION TO SOUTH OIOTECHOSEE, 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 coQnveyed DOES NOT constitute the BOMESTEAD of Grantor. Grnntorb homestead address is set forth below. pp��mna Stp� 7eN lR tUs se�owt M 1 1 .eds. 4•e fs�7ki e1-4AV rVAG en rite "=ass ram Gomm r.a md.m&drE.rams mPies wwa"dear.o in . MUM . ,Wbe: eof. An s.rm ba bm...s sr bb bd ad nd sa fE .d rw ieR asem w mm Aq 4r. aEv>l 11i� CA LT _ LOUIS R. DeKICCO F.rL Adawm . S1z 9W 2 ft lamR OinftaeGo, R. SEEN lLOdtZDl1 .: R UI�7f � �.>o8ascsoBas 1s:.e min S&Mwb#Vd team m. Ab 7th dq or December, 1994 by T "LOQIf lt.,.Ds/QCCO, ��'lpkrmamia�imss>• ma ° �'ylYOsaem�E:��sJ< NM�IEAEQOERir «� N : EaP 4oiraP�iIff Eaton s T ooPEsisCarsarrA b,m,A.�.,aMew..rm Bv11 MA8 COMELY 0-, lnit�slDso 30= • 12/12/96 Py�Iw Ra�a1 PROPOSED DRY CONSTRUCT CONCRETE DETENTION AREA INSTALL MITERED END SECTION S-4 SILT FENCE (TYP). PER FDOT INDEX NO. 273. SEE DETAIL, INV. EL 23.6 SHEET 07 a,WATER� 26' ]gyp I I 2 LF 1 C 42 CONSTRUCT CONCRETE MITERED END SECTION > --l" PER FOOT INDEX NO. 273. INV. EL. 23.5 PROPOSED STOP SIGN R1-1 (24" X 24") Q SEE DETAIL, SHEET 07In A CONSTRUCT CONCRETE N MITERED END SECTION PER FDOT INDEX NO. 273. f~A INV. EL. 23.3 W t Q 26.3 pql m N aI ? A QI a i Fcn U 2' VATER❑ Z MAIN 26' DEEP i 26.8 �RBF PROPOS D STOP SIGN R1 1 (2 " X 24") SEE DE IL, SHEET 07 SM)THVEST 20th STREET 2o' w 26.8 U0. 0 S p(�N It NZJ xvi 26.8 o�w oo N U INSTALL a m � -14- `� a m CURB STOP Y w (TYP.) a 26.2 o `� a V) � 20' `O o 8' SETBACK 57, 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. EL. 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 RW PAVED AREA ti � 14, a e R. N Q J Qa N Q Cw9 J Q W Z O _j o CEO& w—z wNn `Yu)Q oWK LL�fr 0 0:�� z Q a 04 09 9RL� P *I W I.L D 0 i L��' � Amup c� Ste, S• c� F. Izs. S� • el I 0. °61. Ogg X c' Cd) ,00'OSi � '02 � a °°S OA • 0 .+ a �� o n- D 0 O v J J Oes 3 (d) ,00'053Z Ov c- -- S O 61, OS C S�� � N (rl tis X( X � LELAND DYALS R,L,S: 2084 i �...,.� A— nL,PPrhnbee, Ro.. � y Z W A a W4 Li H CL CL o`. SCALE; 1• = 50' LOCATION L- 10, 11, 12, B-40, FIRST ADDITION TO SOUTH ❑KEel E37-35 DATE: 05/24/05 COMPUTED TOPOGRAPHICAL SURVEYG E R A L D BY: JOB NO. DRAWN RR R R B �/ R DHEE BY` HEE LIBRARY JN6221 1 1 NAME' 1 OF F,B./P9.: Co.80/34- 6 • 1375 JacAgn Street, Suite 206 Fort My Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(aatt.net Staff Report Prepared for: The City of Okeechobee Applicant: Philip Berger Owner: Gerald Lefebvre From: RSF-1 To: CPO Petition No. 05-014 R 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 Parcel ID Existing Proposed 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. Analysis 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 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 El November 15.2005 - 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. 0 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 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. (II) 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 - Planning Board - Page 8 of 8 �I IV. NEW BUSINESS, CONTINUED. C. Rezoning Petition 05-014-R, continued. V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. ATTEST: Katrina Cook, Secretary William Ledferd, Chairperson 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 p.m. The 0ke0bee 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 COIISIOITIOltOPWAOOFIINO ;, § Judy Kasten, who on oath says she is publisher of the Okeechobee » A CRY OIF,M"N E - , News, a DAILY Newspaper published at Okeechobee, in P TAKE NOTICE"irme 6aunaFofjtst�of0i�eclfgfiee,Flaka w Okeechobee County, Florida; that the attached co of advertise " JanGary. 3 2oo6#at 6;oU p m as n tt�ereatter k aC Y PY H ; 55 S Yd AVe Olo chali�W kt cdn a ALIC HEAR N M ment, being a --e}to constder�fiiral rgot�tletaCorimo;�letgM0. in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee r umw Uty, anal County, Florida, was published in said newspaper in the issues " ""6ew of 2862G persais, , O Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund f"newspaper. this adve isement for publication in before me this `d day o A.D. 20 Notary Public, State of Florida at Large ! OlilydiSS10i1 0027,12118 -�;_• Exphres: Jan 17, 2008 . r- Sanded Thru i1`` A flzntic Bondulb Co., e'ic. t E]cNrsrr s JAN 3 AGENDA ORDINANCE NO. 923 AN ORDINANCE OFTHE 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 conjuction 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: (a) The total area of signs subject to this Section shall not exceed 100 square feet; and jbb2 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 strieleen 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 subject 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 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. 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 striekem is to be deleted. Page 2 of 2 November 2005 - Land - Page 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. November 15, 2005 - Land - Page 4 of 4 IV. New Business, continued. B. Consider amending Section 90, Division 5, Signs, of the City of Okeechobee Land Development Regulations specifically regarding Commercial and Industrial Sign Regulations, continued. VOTE BURROUGHS-YEA JOHNS -YEA KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. V. ADJOURNMENT - Chairperson. II! There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 6:44 p.m. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning Agency with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. William Ledferd, Chairperson Katrina Cook, Secretary The Okeeftobee News • P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a aJ__ in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of a a , SOU S Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adve isement for publication in the said newspaper. Sworn�fo a subscri`60be dfore me this ay L ✓ ^ti_ A.D. 20 0 Notary Public, State of Florida at Large U77Zen R. Brown *_ CO1nnlission #DD272110- Expires: Jan 17, 2,008, Bonded Thru .A aniic Ba:x!!ng CO...._. FXHIVIT 6 JAN 3 AGENDA ORDINANCE NO. 924 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 FAMILY (SF) TO MULTI -FAMILY (MF); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 05-013-SSA, submitted by Rick J. Surface) 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 0.34 acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 05-013-SSA, from Single Family to Multi -Family. The Page 1 of 2 Legal Description of Subject Property is as follows: LOTS 1, 2, 3, AND 4 OF BLOCK 31, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF IN PLAT BOOK 1, PAGE 10, 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 3" day of January, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the 3" day of January, 2006. 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 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: a Petition No.. 05 •- Dt 3 - SS A Fee Paid: P500.Jurisdiction: CC 1st Hearing: �O � 2nd Hearing: t .3 Q U Publication Dates: LPA "/a 95 la Notices Mailed: Comprehensive Plan Map Amendment Application / Please Check One: Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s): Rick 1 3 u r fA c e✓ A Owner mailing address: P 0• Box 3 3 2 Z FO rt Pj e t-c R 3 49 4 9` 332 2 I.P. LName of applicant(s) if other than owner (state relationship): SoLrne, I � cAPPlicant mailing address: S ct M P- A' N Name of contact person (state relationship): et M e, LLLJContact L.T person daytime hone(s : 77 2- . 4 d 4 — $ `] 0 6 Fax: 772 Vq 85ZG] '[ G -[ - I ! 1 r-//ro Le.l ✓ Property address / directions to property: 3 0 5/ 3 0 7 �J- E , I ` ' S -, --] O e e e h0 he y Parcel Identification Number: 3' 15.37.35 , 00f0, 003) 0. Doln 0030 Size of the Property (in acres): r 34 'P Current Zoning Designation: K Ls S i d r h t q M (Ali l e R Current Future Land Use Designation: S t n• F r O p Existing Use of the Property: g P = Rest v►� t I M u �fr e FCL M► E .R Proposed Future Land Use Designation: R` M �� 1 a/ U i F T Proposed Use of the Property: Add ,-� I D a I d U ! K r©15 P Y Description. of Surrounding Properties: 1 k D u�f i �2 FayN►y 9 There t5 � Q Lv�S 3 �- Legal Description of the Property (Lengthy Description May be Attached): Block 31 CJy of ©keeGl©6ee — � Uniform Land Use Application (rev. 12/03) Page 1 of 2 �2ea Ired Aitacbmenfs _ Survey of Property (11" x 14", 20" Scale) Letter Outlining Request Notarized Letter of Owner's Authorization Application Fee (non-refundable) I City Location Map Uniform Land Use Application (rev. 12/03) Page 2 of 2 � %�r -I 1111eall Exra.rc P.O. Box 3322 Ft. Pierce, FL 34948-3322 City of Okeechobee 55 S.E. Third Avenue Okeechobee, Florida 34974-2903 To Whom It May Concern: Phone (772) 464-8706 FAX (772) 461-2717 November 16, 2005 I am applying to request a Future Land Use Map Amendment for Lots 1, 2 3, and 4 Block 31, City of Okeechobee. The Current Zoning Designation for these lots is Residential Multiple Family (RMF) and the Current Future Land Use Designation for these lots is Single Family. I would like to request that the Future Land Use Designation be amended to Residential Multiple Family (RMF). Lots 1 and 2, Block 31 are vacant land. I would like to change the Designation so that a duplex might be built on this site. That Plat of land described as Lots 3 and 4, Block 31 has a duplex already on the property. The change in the Future Land Use Designation would allow it to be in compliance instead of grand fathered in. Many of the surrounding lots in this area have already recently been granted the Future Land Use Map Amendment to become Residential Multiple Family (RMF). Thank you for your consideration. Rick J. Surface, Owner - N.E. 11TH STREET- N 59 m ml E' 99.7;"(C) 10a00(P)= FOUND I/V-IR&C STAMPED 'WS 6719' 5 I 4 3 OCCUPIED END OF ASPHAL r PA19/ENr N 89'42'06" E 99.77'(C)_ •nn nn/n\� _ S£r 5/5' IRAV ROD & CAP 'rWS LB 6719' FOUND 5/8' IRAN RW (NO 1.D.) (a 1 E.) — 1 0 0 m l �I I r I I I I .SET 518' 1RGYV FOUND 5/2r' IRON v I �. ROD LB 5719' ROD (NO LD.) I I L--.j1 RaDN& CAP,rNPS S B93957' W 99.H4(C) 7OR00(P) Le 5�g. ' — �— — S 89'39'57" W 99.84'(l >, 15'PLAr7EDALLEy 1 00.00P OHW OHW OHW OHW OHW— 22 23 24 ( 25 26 BLOCK 31 DESCRIPTION: (PROVIDED BY CLIENT) Ln g 2 m v 13 ;) IMi I I iOHW IDHW 0 OHW• I I I I , G�JOG3`lr �,7 Q 25 50 I...1 ...1.. 1...�L ..L—I L SCALE IN FEET MAP SCALE: 1 INCH - 50 FEET LOTS 1, & 2, BLOCK 31, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 10, OF THE PUBLIC RECORDS OF OKEECHOBEE, COUNTY, FLORIDA. PROJECT SPECIFIC NOTES: 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLAT(P) AND CALCULATED(C). 2) THIS SURVEY IS NOT INTENDED TO DEPICT JURISDICTIONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 3) PARCEL ID: 3-15-37-35-0010-00310-0010 4) DATE OF LAST FIELD SURVEY: 10/05/2005 5) FLOOD ZONE NOT DETERMINED: PARCEL LIES WITHIN THE CITY LIMITS OF OKEECHOBEE. 6) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. BOUNDARY SURVEY PREPARED FOR RICK J. SURFACE STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here Is prepared exclusively for those parties noted. No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are no visible above ground encroachments except as shown. No attempt was made to locate underground Improvements and/or encroachments (if any) as part of this survey. This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 611317-6, F.A.C.) pursuant to Section 472.027, Florida Statutes. PREPARED FOR THE EXCLUSIVE USE OF: DESCRIPTION DATE BY CK RICK J. SURFACE BOUNDARY SURVEY 11-11-05 1 RLC I KAB SOUTHERN ACREAGE OF FLORIDA, LLC DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE FB/PG: 166 BEARING REFERENCE: SOUTH R/W OF N.E. 11TH STREET, TAKEN TO BEAR N 89'42'06" E FILE: 19605 TRADEWINDS PROFESSIONAL SERVICES, INC. 371 SCALE: 1" = 50 JOB NO: 19605 LEGEND O—Set Iron Rod an Cap "KAB LS 4820" D—Found CM •—Found Iron Rod and Cap) O —Found Pipe (and Cap) ABBREVIATIONS 1t=Boseline; BM=Benchmark; (j=Centerline; C=Calculated; CATV=Cable TV; CM= Concrete Monument; CONC=Concrete; (D)=Deed; =Delta or Central Angle; E=East; E/P=Edge of Pavement; ESMT=Eosement; F.I.R.M.=Flood Insurance Rote Map; FND=Found; IP=Iron Pipe; IR&(C)=Iron Rod (and ID Cap); L=(Arc) Length; (M)=Measured; MH=Monhole; N=North; (NGVD)=National Geodetic Vertical Datum of 1929; OHW=Overhead Wires; ORB=Official Records Book; I'L=Property Line; (P)=Plat; PC=Point of Curvature; PCC=Point of Compound Curvature; PCP= Permanent Control Point; PG= Page; POB=Point of Beginning; POC=Point of Commencement; PRC=Point of Reverse Curvature; PRM=Permanent Reference Monument; PT=Point of TongencY PU&D=Public Utilitly and Drainage; R=Radius; R/W=Right—of—Way, S=South; S LY=Southerly, T=Tangent; TEL=Telephone Splice or Switch Box; W=West; WPP=Wood Power Pole; UTIL=Utility(ies); /=Spot Elevation based on indicated Datum. END aF ASPHAL r PAww&wr N.E. 11 TH STREET I - — EL,—CK \ \ N 89'42'06" E 99.77'(C)I- 100.00(P) \ SHEI[ ROCK 06' E 77'(C) fOa 00(P) I FOUND 5/8' IW*C SET 5/8' /RAN I ROD & CAP STAM PIED 'WS 6719' $ ? 'rWPS LB 6719' FOUND 5/8' /RLW o, N ROD (NO I.D.) 14.7' N (01, £) I I 5 8 4 3 $ 2 1 58.3' (n w O VACANT 8 I el n.9 c it II 13 CIL N o o e W V jI A O $ 'D 28.8' Fa ♦' v i 14.6' SEr I 89'39'57" W 99.84(C) a4P FDND 5/8' /RAN j FOUND 5/$' LRLw /YN 'INPS LB 6719' I ROD (NO LD.) I I Rao & CAP 'nips 100.00 (P) 89UY'57' E 99.8f(C) 1Ca00(P) I La Ong'_ i — 1, 15' PLAr1ED ALLEY ONW DHW M OHW DHW DHW IOHW i I OHW 0 DHW 22 23 24 25 26 I BLOCK 31 I DESCRIPTION: (PROVIDED BY CLIENT) MOXP� u m 25 50 .............I�.�.I SCALE IN FEET MAP SCALE: 1 INCH — 50 FEET LOT 3, & 4, BLOCK 31, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 10, OF THE PUBLIC RECORDS OF OKEECHOBEE, COUNTY, FLORIDA. PROJECT SPECIFIC NOTES: 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLAT(P) AND CALCULATED(C). 2) THIS SURVEY IS NOT INTENDED TO DEPICT JURISDICTIONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 3) PARCEL ID: 3-15-37-35-0010-00310-0030 4) ADDRESS: 305 & 307 N.E. 11TH STREET 5) DATE OF LAST FIELD SURVEY: 10/05/2005 6) 6) FLOOD ZONE NOT DETERMINED: PARCEL LIES WITHIN THE CITY LIMITS OF OKEECHOBEE. 7) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. BOUNDARY SURVEY PREPARED FOR RICK J. SURFACE STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here Is prepared exclusively for those parties noted. No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are no visible above ground encroachments except as shown. No attempt was made to locate underground Improvements and/or encroachments (if any) as part of this survey. This survey was prepared In accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 611317-6, F.A.C.) pursuant to Section 472.027, Florida Statutes. PREPARED FOR THE EXCLUSIVE USE OF: DESCRIPTION DATE BY CK RICK J. SURFACE BOUNDARY SURVEY 10-11-05 1 RLC I KAB DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE FB/PG: 166 BEARING REFERENCE: SOUTH R/W OF N.E. 11TH STREET, TAKEN TO BEAR N 89'42'06" E FILE: 19604 .SCALE: 1" = 50 JOB NO: 19604 LEGEND O—Set Iron Rod and Cap "KAB LS 4820" D—Found CM *—Found Iron Rodt(and Cap) O —Found Pipe (and Cap) ABBREVIATIONS EL=Baseline; BM=Benchmark; CL=Centerline; C=Calculated; CATV=Cable TV; CM= Concrete Monument; CONC=Concrete; (D)=Deed;A =Delta or Central Angle; E=East; E/P=Edge of Pavement; ESMT=Easement; F.I.R.M.=Flood Insurance Rate Map; FND=Found; IP=Iron Pipe; IR&(C)=Iron Rod (and ID Cap); L=(Arc) Length; (M)=Measured; MH=Manhole; N=North; (NGVD)=National Geodetic Vertical Datum of 1929; OHW=Overhead Wires; ORB=Official Records Book; I't,=Property Line; (P)=Plat; PC=Point of Curvature; PCC=Point of Compound Curvature; PCP= Permanent Control Point; PG= Page; POB=Point of Beginning; POC=Point of Commencement; PRC=Point of Reverse Curvature; PRM=Permanent Reference Monument; PT=Point of Tangency PU&D=Public Utilitly and Drainage; R=Radius; R/W=Right—of—Way. S=South; S LY=Southerly, T=Tangent; TEL=Telephone Splice or Switch Box; W=west; WPP=Wood Power Pole; UTIL=UlilitXies);/=Spot Elevation based on Indicated Datum. • 1375 Jac n Street, Suite 206 Fort MyWFlorida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planningAatt.net Shall Report - Small Scale Comprehensive Plan Amendment Prepared for: The City of Okeechobee Applicant: Rick J. Surface From: Residential Multiple Family Petition No. 05-013-SSA Staff Report Small -Scale Comprehensive Plan Amendment General Information Applicant: Rick J. Surface Petition No. 05-013-SSA Applicant/Owner: Rick J. Surface Applicant Address: P.O. Box 3322 Fort Pierce, Fl 34948-3322 Applicant Phone Number: 772-464-8706 or cell 772-971-1206 Applicant Fax Number: 772-464-8526 Future Land Use Map Classification SF ProposedExisting MF Zoning District RMF Same Use of Property Duplex Same Acreage 0.689 .689 Location: 305/307 N.E. llth Street, Okeechobee LEGAL DESCRIPTION: Lots 1, 2,3 and 4 BLOCK 31, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 10, IF THE PUBLIC RECORDS OF OKEECHOBEE, COUNTY, FLORIDA. Request: The matter for consideration is an application for an amendment to the City of Okeechobee's Future Land Use Map from Single Family to Multi Family. Based on the size of the property (.689 acres), this application qualifies under Chapter 163, F.S. 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: South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use: MF RMF Vacant SF and MF H and RMF Vacant MF RMF Vacant SF and Commercial RMF Vacant Lots 1 and 2 of the subject property are vacant and undeveloped. The applicant intends to develop the property with a duplex. I� Staff Report Small -Scale Comprehensive Plan Amendment Applicant: Rick J. Surface Petition No. 05-013-SSA Lots 3 and 4 of the subject property are already developed with a duplex. The applicant would like to bring the existing use and zoning into compliance by amending the Future Land Use Map. The subject property will use public utilities (lots 1 and 2) and all surrounding land is vacant. However, within the past year several of the surrounding owners amended the F.L.U.M. to Multi Family with the intentions of developing multi family housing. A. Consistency with the Land Use Categories and Plan Policies. The subject property is shown as Single Family on the Future Land Use Map. The existing duplex on lots 3 and 4 allowed as a legal nonconforming use. The applicant would like to continue the use and build another duplex on lots 1 and 2. By allowing this request, the proposed and existing use would be consistent with the Comprehensive Plan and its applicable policies. B. Concurrency of Adequate Public Facilities Concurrency issues will be addressed at the site plan review phase for lots 1 and 2. Lots 3 and 4 are currently being served by City facilities. C. Compatibility with Adjacent and Nearby Land Uses The area has been in transition from Single Family to Multi Family. The applicant's request will be compatible with adjacent uses. D. Compliance with Specific Standards of the Plan. The proposed amendment is in compliance with the specific standards of the Plan. Based on the Comprehensive Plan, its goals, objectives, and policies, the location of the property and due consideration of the adjacent land uses, it is recommended that this application be approved as it is consistent with the Comprehensive Plan. Maps or Diagrams Submitted by: James G. LaRue, AICP December 6, 2005 P December 20, 2005 - Land Planning Agency - Page 2 of 4 _. - W ..-V_.....'.,.._�-_- -. �. ..,.. -.-�i � ,,,„. -:.w...:. ,�. <n'-•, x...,�;%3:��-c-�zU-a _ _ a, x �, 1xi�'«.. IV. New Business. A. Comprehensive Plan, Future Land Use Map Amendment Application No. Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultant, briefly 05-013-SSA. Consider a recommendation to the City Council, to change described the Staff Report as follows: the land use designation for Lots 1- 4, Block 31, City of Okeechobee, from Single Family to Multi -Family. The subject property is located at 305 and Planning Staff Report Summary: Lots 1 and 2 of the subject property are vacant and undeveloped. 307 Northeast llth Street. The property owner and applicant is Rick J. The applicant intends to develop the property with a duplex. Lots 3 and 4 of the subject property are Surface. already developed with a duplex. The applicant would like to bring the existing use and zoning into compliance by amending the Future Land Use Map. The subject property will use public utilities (lots is 1 and 2) and all surrounding land is vacant. However, within the past year several of the surrounding owners amended the F.L.U.M. to Multi Family with the intentions of developing multi family housing. Planning Staff Report Comprehensive Plan Analysis: (A) The subject property is shown as Single Family on the Future Land Use Map. The existing duplex on lots 3 and 4 is allowed as a legal nonconforming use. The applicant would like to continue the use and build another duplex on lots 1 and 2. By allowing this request, the proposed and existing use would be consistent with the Comprehensive Plan and its applicable policies. (B) Concurrency issues will be addressed at the site plan review phase for lots 1 and 2. Lots 3 and 4 are currently being served by City facilities. (C) The area has been in transition from Single Family to Multi Family. The applicant's request will be compatible with adjacent uses. (D) The proposed amendment is in compliance with the specific standards of the Plan. Planning Staff Report Analysis and Conclusions: Based on the Comprehensive Plan, its goals, • objectives, and policies, the location of the property and due consideration of the adjacent land uses, it 11 is recommended that this application be approved as it is consistent with the Comprehensive Plan. There was no public comment, nor any Agency discussion. Agency Member Burroughs motioned to recommend to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application 05-013-SSA, to change the land use designation from Single Family to Multi -Family; seconded by Agency Member Hoover. IV. New Business, continued. December A. Comprehensive Plan, Future Land Use Map Amendment Application No. 111BURROUGHS-YEA VOTE 05-013-SSA, continued. HOOVER - YEA JOHNS -YEA JUAREZ-YEA LEDFERD - YEA MAXWELL - YEA WHIDDEN - YEA MOTION CARRIED. 2005 - Land 3 of 4 B. Comprehensive Plan, Future Land Use Map Amendment Application No. Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultant, briefly 05-014-SSA. Consider a recommendation to the City Council, to change described the Staff Report as follows: the land use designation for Lots 7 - 12, Block 181, City of Okeechobee, from Single Family to Multi -Family. The subject property is located at 400 Planning Staff Report Summary: The subject property is currently designated Single Family and is and 412 Southwest 4th Street. The property owners and applicants are within the RMF Zoning District. To continue operation of a daycare facility, the applicants are Stepping Stones Academy I, Inc and Wayne and Linda Evans. requesting the Multiple Family Future Land Use to be consistent and compatible with the RMF Zoning and the Multiple Family Future Land Use on lots 11 and 12 (also owned by the applicants) Lots 7, 8, and 9 are developed with a one story wood frame residence and an unattached carport. Lot 10 contains a portion of the driveway for the existing daycare center (located on lots 11 and 12). Planning Staff Report Comprehensive Plan Analysis: (A) The Comprehensive Plan has designated the property as Single Family. However, because the entire site includes 6 lots (two of which are already designated Multiple Family Future Land Use), the size of the lots and the compatibility of the use make the proposed land use amendment appropriate and consistent with applicable policies of the Comprehensive Plan. (B) The site is developed and has public utilities. If additional improvements are to be made on the property, the concurrency issues will be addressed during the site plan review phase. (C) The change from Single Family to Multiple Family Future Land Use will not create an incompatible use with the surrounding neighborhood. The property's close proximity to other uses with similar characteristics creates compatibility. (D) The proposed land use amendment is in compliance with the specific standards of the Comprehensive Plan. The current use of adjacent properties allows for a simple transition of the subject property. • EXMMff 7 JAN 3 AGENVA ORDINANCE NO. 925 AN ORDINANCE OFTHE CITY OFOKEECHOBEE, 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 MULTI -FAMILY (MF); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 05-014-SSA, submitted by Stepping Stones Academy I, Inc., Wayne and Lynda Evans) 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. 1. The following described land consisting of approximately 0.656 acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 05-014-SSA, from Single Family to Multi -Family. The Legal Description of Subject Property is as follows: LOTS 7, 8, AND THE WEST ONE-HALF OF LOT 9, OF BLOCK 181, TOWN OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE Page 1 of 2 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. THE EAST ONE-HALF OF LOT 9, AND ALL OF LOTS 10,11, AND 12, OF BLOCK 181, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994," which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 859 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 3 rd day of January, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the 3Id day of January, 2006. 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 City of Okeechobee Mw 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 � `oc Fee Paid: 1 (^ 1st Hearing: Publication Dates: Notices Mailed: Petition No.. 05 — 0114 _ 5 S y Jurisdiction: 0 Pr I cc, 2ndHearing: l 3' Q14 1.,In--) �C 1al-'�a los Comprehensive Plan Map Amendment Application Please Check One: Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s): s 1(1 Stones ACadem 1 ne way E+ans a Owner mailing address: S{ Y (�/ , Y F L �� 7 8 p Name of applicant(s) if other than owner (state relationship): -- =L:. I c Applicant mailing address: -- - N-. Name of contact person (state relationship): _ O eC T; - Contact erson daytime hone(s): � � 11t�� 9 ' a5y (p Fax: 5� l �Twb�7 � ✓ Property address / directions to property: to() + th -Is. 3-1- 35-0110-01$fo- otoo Parcel Identification Number: Size of the Property (in acres): 31 t4Ul fQ Current Zoning Designation: Reslj (izm IF p Current Future Land Use Designation: 2)4 no YYl Dow ODac P: Existing Use of the Property: Pre Q E Proposed Future Land Use Designation: �,� l,(` fi Q m I {. I Proposed Use of the Property: pa- scC � / Oay C U Description of Surrounding Properties: . _ PQYki n c) A- SIVYa gf. N — tVtu.tti lJl�n� � t-lpus ► ng S - Cinvkx CA-,W - Mut -h lase Sports caliw Legal Description of the Property (Lengthy Description Maybe Attached): C-S�e W0.Yran11 d�a s Lots --I - I a , Bloc iz l , GV-e-ePhobee rkcorcud un PL&A Cook 5 Qage 5 Ov"Lk CoLA-;n Uniform Land Use Application (rev. 12/03) Page l of 2 IV Required Attachments ✓ Survey of Property (11" x 14", 20" Scale) -7 Letter Outlining Request g Notarized Letter of Owner's Authorization ✓ Application Fee (non-refundable) City Location Map 11 tve , IIIat105 Print d Name Date Uniform Land Use Application (rev. 12/03) Page 2 of 2 0 • Stepping Stones Academy I 400 SW 4r Street (863) 467-9908 Fax: (561) 748-7760 November 30, 2005 City of Okeechobee General Services Department 55 S.E. PAvenue Room 101 Okeechobee, Florida 34974-2903 RE: Comprehensive Plan Amendment Steppingstones Academy has a long history of serving the city's families and children and has recently added classroom space to accommodate the state mandated VP% program along with additional open playground space. The physical improvements and added open space is consistent with and complimentary to other development in the area. The existing use is an asset to the city. Accordingly, we respectfully apply to change the Comprehensive Plan Future Land Use from Single Family to Multi Family for the operation of the Pre schooUDay Care. Thank you. Sincerely, Va Wayne and Lynda Evans LEGAL DESCRIPTION LOTS 7, 8 AND THE WEST 1 /2 OF 9, BLOCK 181, TOWN OF OKEECHOBEE, ACCORDING TO THE PLAT FILED THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SURVEYORS NOTES 1- BEARINGS AS SHOWN HEREON ARE BASED ON THE WEST LINE OF LOT 7, HAVING A BEARING OF S00'01'50"W, ALL OTHER BEARINGS ARE RELATIVE THERETO. 2_ UNDERGROUND IMPROVEMENTS, IF ANY, WERE NOT LOCATED_ 3. THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF .A FLORIDA LICENSED SURVEYOR. SURVEYORS CERTIFICATE I HEREBY CERTIFY THAT THE "BOUNDARY SURVEY" AS SHOWN HEREON IS A TRUE AND CORRECT REPRESENTATION OF A FIELD SURVEY MADE UNDER MY DIRECTION AND CHARGE ON MARCH 14, 2005 AND SAID "BOUNDARY SURVEY" IS TRUE AND E ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF. IT IS FURTHER CERTIFIED THAT THIS "BOUNDARY SURVEY" COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS FOR "BOUNDARY SURVEY" SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027. FLORIDA STATUTES. NORTHSTAR GEOMATICS, INC. a E � C� GREGORY S. FLEM G, P.L.S. DATE FLORIDA REGISTRATION NO. 4350 CERTIFIED TO: WAYNE S. EVANS and LYNDA M. EVANS AMERICAN BROKER CONDUIT CASSELS & MCCALL, ATTORNEYS AT LAW ATTORNEY'S TITLE INSURANCE FUND OR LAND AMERICA/ COMMONWEALTH LAND TITLE INSURANCE COMPANY, INC_ LOT 6 1 5' ALLEY (NOT OPEN) 35.00' - N8955,m 50.00' SET 5/8" I.R.C. to OFFSET 1.0' EAST n LB 7217 "WITNESS" N WOOD SHED 51.65' iV IG 5' CONCRETE N WALK CONCRETE 'it STEPS 35.00' 4229' 17.67' COVERED CONCRETE CARPORT LOT 7 FOUND 5/8- I.R.C. LB 959 50.00' LOT 5 125.05'(M IEXISTING ONE ` STORY WOOD FRAME RESIDENCE 1 WOOD LIGHT POLE EXISTING %WELL LOT 8 C BLOCK 181 LOT 4 FOUND 5/8" I.R.C. LB 959 0 WEST ONE EAST ONE HALF OF LOT 9 HALF OF LOT 9 W It 0 0 Z LOT 9 FOUND 5/8" I.R.0 LB 959 50.00' 25.00' 0 15 30 �==� 1 GRAPHIC SCALE IN FEET o 19.8' ASPHALT o ' ABBREVIATIONS O Ci 2 PKW FOUND PK NAIL AND WASHER FND. FOUND SPKIE NO ID FIFTH AVENUE (PLAT) I.R.C. IRON ROD & CAP 5.-ATH STREET (P05TED) P.L.S. PROFESSIONAL LAND SURVEYOR 100' RIGHT OF WAY NO. NUMBER GRASS ISLAND (C) CALCULATED POSITION ID IDENTIFICATION (M) MEASURED (P) PLAT LB LICENSED BUSINESS rQ, WOOD POWER POLE OHU OVER HEAD UTILITIES d� O`co Pg N 3 OWJx� 0m CL 0R_ DATE REVISIONS DATE _ 3 /15 /05 _ SCALE 1"=30' FIELD BK DWNO. BY BMT CHECKED BY GSF F1 � z w > a '' W n a d W O c r.. O U1 z a L) w � x U O N F4 0 UZ O w zww d0m Q > y O E+ �4 w w W U w x O d� FSHEE-TNO.EETS BOUNDARY SURVEY PREPARED' FOR STEPPING STONES ACADEMY * I, INC. DESCRIPTION: THE EAST 1/2.OF LOT 9, AND ALL OF LOTS 10, 11, I& 12, BLOCK 181, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SUIJJECT TO RESTRICTIONS, RESERVATIONS AND EASEMENTS OF RECORD, IF ANY. ADPRESS: 400 S.W. 4TH STREET F.I. .M. ZONE: ZONE -UNDETERMINED, PARCEL LIES WITHIN OKEECHOBEE CITY LIMITS. AREA SERVED BY MUNICIPLE STORM SEWER. k PARCEL ID: (LOT 10 & E. 1 /2 LOT 9) 3-15-37-35-0010-01810-0070 (LOj S 11 & 12) 3-.15-37-35-0010-01810-0110 DATE OF LAST FIELD SURVEY: 06/10/03 l.. LOT 4 I LOT 3 II Lill J SeZ -0 15' WIDE ALLEY GRAPHIC SCALE 30 0 15 30 60 ( IN FEET ) L;ch = 30 ft. LOT 2 LOT 1 FOUND 1" IRON PIPE (NO HELD 'FOR W. R/W AU IGNI Z Q 6 (OPEN) S 89.58'00" E 175.19'(M) 175.00' F Z M Q 75.19'(M) 75.00'(P)�' 10C Q W I ' FOUNO 5/8' IRON ROD SM F FOUND 5/8' IRON ROD k CAP "RLS 2084" I Z in 00 do CAP 'LB 959" T� FENCE CORNER- Ll.l W U Zp 3 °ENS- Z 'ZX QN x p�>Z N w o _ a+ 'tee c E 1 /2 LOT 9 LOT 10 LOT 11 m W 04 d ri CHAINUNK FENCE (TYPICAL) ,W�':3Ui ao �U- OZm ap °D t� �6 — — 30.0' L i WQ �Z � � = p �Z W x TOTAL PARCEL CONCR J U CONTAINS f0.573 ACRES j O U m W — _._ ..._ NU�JJ ►-= N o Q 3I -00 aQ H ?9,3 �6 ILuaw § o 2 Q ASPHALT D IVE 9 L3 N 90'00'00' W ` 125.02'(M) 125.00"P4R) 10 SOUTHWEST CORNER '2 OF BLOCK 181�y L FOUND 5/8" IRON ROD h II CAP "LB 959" HELD FOR i N. R/W AWGNMENT b d WOOD POWER POLE TELEPHONE PEDESTAL 1 CLEANOUT� SET IRON ROD k CAP i "TWPS LB 8718"� FENCE CORNER= 3.0' w. & a. e' S. LOT 12 30 2' %�A'�'�_ a 1 ST00Y I WOOD FRAME ennrnnu ASPHALT PARKING 2g0 FOUND 5/8" IRON ROD k CAP "LB 959" FOUND 5/8"IRON ROD 75.01' M 75.00' P Ac CAP "LB 959" 0 () m• •.,5'-CONCRETE WgLK, 29�.' •; ! e00,0" 17 . M 1 001(P 0 GRASSED AREA •' ry' N 90'00' 300.08'(101) 3d0.00'(P) ti 'o _ (BEARING BASE) ' qw 1 a' ORY n v WOOD FRAME BUILDING 3 CONCRETE 9.°. I_. CONCRETE STEPS ! WOOD i STEPS 100.05'(M) 100.0' NOTE: THERE ARE MULTIPLE FLOOR LEVELS WITHIN THE FACILITY. S.W. 4TH STREET (ASPHALT ROAD) 100' R/W 2g 4 35.0' — 2g.3 4 I� to • Q .a 0 i ?'9 e 4 2e 6� 35, 0' — — SOUTHEAST CORNER 'g OF BLOCK 181 FOUND 5/8" IRON ROD do CAP 'RLS 2094" I HELD FOR N. k W. R/W ALUGNMENT b BENCHMARK NORTH RIM OF MANHOLE ELEV=29.19 (NATIONAL GEODETIC VERTICAL DATUM 1929) STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the Cands shown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted. No responsibility or liability Is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are no visible above ground encroachments except as shown. No attempt was made to locate underground improvements and/or encroachments (if any) as part of this survey. This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17-6, F.A.C.) pursuant to Section 472,027, Florida Statutes. PREPARED FOR THE EXCLUSIVE USE OF: DESCRIPTION DWG. DATE BY CK GERALD R. BOYD, ESQ. STEPPING STONES ACADEMY I, INC. FLORIDA FlRST CAPITAL FINANCE SURVEY 02/18/03 WC JAWNANCE CORPORATION P.A. MITCHELL L BERKOADDED TOPOGRAPHICAL INFO 06/10/03 JS JAW WITZ, FIRST PEOPLES BANK REVISE NAME 10/31 //03 WC JAW BARRY i- CLAYTON, ESQ. U.S. SMALL BUSINESS ADMINISTRATION REVISE NAME 10/ 1 /04 AS KAB ATTORNIY'S TITLE INSURANCE FUND, INC SCHOOLS DEPOT, INC REVISE CERTIFICATION NAMES 04 16 04 WC I KAB DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE FB/PG: 55/74-77 SCALE: 1" = 30' BEARING REFERENCE: SOUTH LINE OF BLOCK 181, TAKEN TO BEAR N 90'00'00" W FILE: 17139 JOB NO: 17139 i TRADEWINDS PROFESSIONAL SERVICES, 11C1111GL11 H. Dl Cttl1X, dl-. `r'Dlvl '+04u) INC. Certificate of Authorization No. LB 6711 LEGEND T O—Set Iron Rod and Cap TWPS 6719 0—Found CIV1 —Found Iron Rod (ard Cop) QQ —Found Pipe (and Cap) j ABBREVIATIONS Ei=9oseline; BN;=_snchmark' C=Centerline; (C)=Calculated; CATV=Cable TV; CM= Concr at': Mors.tznt; CONC-:.:...icras a; b- Deed; &=Delta or Central Angle; E-East; E'LY—Ecsterly, :_ 'a•=E ' ..- ,'. f r.. arcent; ESMT=Easement; F.I.R.M.=Flood Insurance Rate Mop; FND=Ftct:!•.., =ircr. •';- n2At(C)=Iron Rod (and ID Cap); L=(Arc) Length; �. (M)=Meorured; MH=Manhole, i -,rch; N'LY=Northerly, NGV(D)—Notlonol Geodetic Vc'rUcc! (Datums of 1929: NYi-h.ot to Scale; OHW=Overhead Wires; R=Property Lice; a=Plat; PC=Point of Curvature; PCC=Point of Compound Curvature; PCP= Permanent Control Point; POB=Poillt of Beginning; POC=Point of Commencement; PRC=Point of Reverse Curvature; PRM—Permanent Reference Monument; PT -Point of Tangency PU&D=Public Utilitiy and Drainage; R=Radius; R/W=Right—of—Way, S=South; S LY=Southerly, T=Tangent; TFL=Telephone Splice or Switch Box; W=West; W'LY—Westerly, UTIL=Utility(ies); Spot Elevation based on Indicated Datum. 1375 Jac Street, Suite 206 Fort Mye lorida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(a,att.net Staff Report -Small Scale Comprehensive Plan Amendment Prepared fog: The City of Okeechobee Applicant: Stepping Stones Academy, Inc. Petition No. 05-014 SSA Staff Report Applicant: Small -Scale Comprehensive Plan Amendment Petition No. 03- j General Information Applicant/Owner: Stepping Stones Academy, Inc. Applicant Address: 15576 91 st Terrace N. Jupiter, Fl 33478 Applicant Phone Number: 561-748-7760 or 561-596-2546 Existing Proposed Future Land Use Map Classification Single Family Multiple Family Zoning District RMF Same Use of Property Day care Same Acreage .656 .656 Access Location: 400 & 412 SW 4th Street Legal Description: R3-15-37-35-0110-01810-0070 Lots 7, 8 and the West 1/2 of 9, Block 181, TOWN OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida and in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida R3-15-37-35-0010-01810-0100 R3-15-37-35-0010-01810-0110 The East 1/2 of Lot 9, and all of Lot 10, Block 181, OKEECHOBEE, according to the map or plat thereof recorded in Plat Book 5, Page 5, Public Records of Broward County, Florida. The matter for consideration is for amendment to the City of Okeechobee's Future Land Use Map from Single Family to Multiple Family to allow for continuance of a day care facility. Based on the size of the property, 0.656 acres, this application qualifies under Chapter 163, F.S. as a Small Scale Amendment to the Comprehensive Plan. =jIrGMT;Mjjj;M 7-3 - North: Future Land Use Map Classification: Zoning District: Existing Land Use: East: Future Land Use Map Classification Zoning District: Single Family RMF Multiple Unit Housing Multiple Family RMF Staff Report 0 Small -Scale Comprehensive Plan Amendment Existing Land Use: South: Future Land Use Map Classification Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use: Apicant: Petition No. 03- Parking & Storage Single Family RMF Church Single Family RMF Multiple Use Sports Center The subject property is currently designated Single Family and is within the RMF Zoning District. To continue operation of a daycare facility, the applicants are requesting the Multiple Family Future Land Use to be consistent and compatible with the RMF Zoning and the Multiple Family Future Land Use on lots 11 and 12 (also owned by the applicants) Lots 7, 8, and 9 are developed with a one story wood frame residence and an unattached carport. Lot 10 contains a portion of the driveway for the existing daycare center (located on lots 11 and 12). Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. The Comprehensive Plan has designated the property as Single Family. However, because the entire site includes 6 lots (two of which are already designated Multiple Family Future Land Use), the size of the lots and the compatibility of the use make the proposed land use amendment appropriate and consistent with applicable policies of the Comprehensive Plan. B. Concurrency of Adequate Public Facilities The site is developed and has public utilities. If additional improvements are to be made on the property, the concurrency issues will be addressed during the site plan review phase. C. Compatibility with Adjacent and Nearby Land Uses The change fiom Single Family to Multiple Family Future Land Use will not create an incompatible use with the surrounding neighborhood. The property's close proximity to other uses with similar characteristics creates compatibility. D. Compliance with Specific Standards of the Plan. The proposed land use amendment is in compliance with the specific standards of the Comprehensive Plan. The current use of adjacent properties allows for a simple transition of the subject property. 2 Staff Report Applicant: Small -Scale Comprehensive Plan Amendment Petition No. 03- Analysis and Conclusions Based on the Comprehensive Plan, its goals, objectives and policies, the location of the property, and due consideration of adjacent land uses, it is recommended that this application be approved as it is consistent with the City's Comprehensive Plan. Maps or Diagrams Submitted by: James G. LaRue, AICP December 5, 2005 0 IV. New Business, continued. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05-013-SSA, continued. B. Comprehensive Plan, Future Land Use Map Amendment Application No. 05-014-SSA. Consider a recommendation to the City Council, to change the land use designation for Lots 7 - 12, Block 181, City of Okeechobee, from Single Family to Multi -Family. The subject property is located at 400 and 412 Southwest 4th Street. The property owners and applicants are Stepping Stones Academy I, Inc and Wayne and Linda Evans. December VOTE BURROUGHS-YEA HOOVER - YEA JOHNS -YEA JUAREZ-YEA LEDFERD - YEA MAXWELL - YEA WHIDDEN - YEA MOTION CARRIED. 2005 - Land - Page 3of4 Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: The subject property is currently designated Single Family and is within the RMF Zoning District. To continue operation of a daycare facility, the applicants are requesting the Multiple Family Future Land Use to be consistent and compatible with the RMF Zoning and the Multiple Family Future Land Use on lots 11 and 12 (also owned by the applicants) Lots 7, 8, and 9 are developed with a one story wood frame residence and an unattached carport. Lot 10 contains a portion of the driveway for the existing daycare center (located on lots 11 and 12). Planning Staff Report Comprehensive Plan Analysis: (A) The Comprehensive Plan has designated the property as Single Family. However, because the entire site includes 6 lots (two of which are already designated Multiple Family Future Land Use), the size of the lots and the compatibility of the use make the proposed land use amendment appropriate and consistent with applicable policies of the Comprehensive Plan. (B) The site is developed and has public utilities. If additional improvements are to be made on the property, the concurrency issues will be addressed during the site plan review phase. (C) The change from Single Family to Multiple Family Future Land Use will not create an incompatible use with the surrounding neighborhood. The property's close proximity to other uses with similar characteristics creates compatibility. (D) The proposed land use amendment is in compliance with the specific standards of the Comprehensive Plan. The current use of adjacent properties allows for a simple transition of the subject property. IV. V. December New Business, continued. 2005 - Land 4of4 B. Comprehensive Plan, Future Land Use Map Amendment Application No. III Ben Littlefield, representative of the applicant, briefly described the request. He explained that the 05-014-SSA, continued. wooden building that is shown on the survey no longer exists. He stated that the building was demolished to allow for the children to have more play area. have installed fencing and several swing sets for the children. be utilized as a preschool/daycare, not Multi -Family housing. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning Agency with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. William Ledferd, Chairperson There was no public comment, nor any Agency discussion. Mr. Littlefield explained that the owners He explained that the property will only Agency Member Burroughs motioned to recommend to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application 05-014-SSA, to change the land use designation from Single Family to Multi -Family; seconded by Agency Member Hoover. 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 6:38 p.m. Katrina Cook, Secretary • ORDINANCE NO. 926 � Fx,N�sir 8 JAN 3 AGENDA 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 MULTIPLE FAMILY (RMF) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition (Petition No. 05-015-R, Leland Dyals, Estate Administrator of Mary Dyals, deceased) pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.325 acres) from Residential Multiple Family (RMF) Zoning District to Heavy Commercial (CHV) 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 a t a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. LEGAL DESCRIPTION. LOTS 1 AND 2 OF BLOCK 182, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS FOR 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 Multiple Family (RMF) Zoning District to Heavy Commercial (CHV) 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 3Id of Januarv, 2006. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 17th of January, 2006. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 City of Okeechobee — Date:-1 q a 1 1 C� General Services Department Fee Paid: �v -1- 55 S.E. 3rd Avenue, Room 101 1st Hearing: O Okeechobee, Florida 34974-2903 Publication Dates: �p� lava 1412 Phone: (863) 763-3372, ext. 218 4 Fax: (863) 763-1686 Notices Mailed: Uniform Land Use Application T?ws.;Wig. . CiiPrial F.Yrentinn • Variance Petition No. 05 — Q k 5 - Jurisdiction: P cc- 2nd Hearing: ✓ Name of property owner(s):- A Owner mailing address: YA v P -.i P ! Name of applicant(s) if other than owner (state relationship): Applicant mailing address: am e- C.' ,q,r, Name of contact person (state relationship): N` T'. Contact erson da a hone(s): - Sao Fax: a5 0 ✓ Property address / directions to property: Y d Yen u Indicate current use of property: Ve q ov Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): Approximate number of acres: , 3 a Is property in a platted subdivision? Q S P Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: . 1 x O ; 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: R ;; Is a sale subject to this application being granted? X:;;' Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: eS Describe adjoining land uses / improvements to the North: J r d S j r e e South: East: 3110( AY n LA E West: � er (J3 Jd Existing zoning: F Future Land Use classification: e-Y'C L Actions Requested: (_) Rezone �) Special Exception Variance - Parcel Identification Number: - 3� - 35 - O - 0 8 a - 0010 ICI ✓ 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 d . priso en of up t 30 days and may result in the summary denial of this application. t_ei an 9 l �a s i Signature Printed Name Date Uniform Land Use Application (rev. 1/03) Page 1 of 2 11 11 Current zoning classification: V, m V--7 Requested zoning classification: (' H V 11 What is your desired permitted use under the prroposed classification: II If granted, will the new zone be contiguous with a like zone? II j � o � � -r,., �-►,. � . ,. ► n c a- � v,i-1 -hn -.LIr, n �1► ► -I-6, Is a Special Exception necessary for your intended use? Variance? Describe the Special Exception sought: Provide specific LDR ordinance citation: Are there other similar uses in the area? Is so, describe: Why would granting your request be in the best interest of the area and residents? If business, briefly describe nature including number of employees, hours, noise generation and activities to be conducted outside of a building: Describe Variance sought: Describe physical characteristic of property that makes variance necessary: Did 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 November 14, 2005 City of Okeechobee Planning Board 55 SE 3rd Avenue Okeechobee, FL 34974 RE: Statement of Interest in Property Statement of Special Reasons and Basis for the Request Intended Use, Nature of Activities and Development of Property Dear Board Members, Statement of Interest in Property I, Leland Dyals, am the Administrator of my wife's estate. I am acting on behalf of the Estate to correct the zoning of our property. Statement of Special Reasons and Basis for the Request There are no special reasons for the request. The basis for the request would be to correct the zoning on our property from RMF to CHV to continue to operate my Land Surveying Business on property with the correct zoning. Intended Use, Nature of Activities and Development of Property I intend to leave the property as it is. There is currently one office building located on the property that houses my land surveying business. Sincerely, a c Leland Dyals D SearchResults Page 1 of 2 Okeechobee County Property Appraiser Last Updated: 10/31/2005 Parcel ID: 3-15-37-35-0010-01820 =0010 Owner & Property Info Owner's Name DYALS MARY Site Address 304 SW 3RD AVE, Okeechobee Mailing Address 304 SW 3RD AVENUE OKEECHOBEE, FL 349740000 Brief Legal CITY OF OKEECHOBEE LOTS 1 & 2 BLOCK 182 Use Desc. (code) OFFICE BLD (001700) Neighborhood 113652.00 Tax District 50 UD Codes Market Area 40 Total Land Area 0.325 ACRES Property & Assessment Values Mkt Land Value cnt: (1) $27,440.00 Ag Land Value cnt: (0) $0.00 Building Value. cnt: (1) $31,792.00 XFOB Value cnt: (1) $416.00 Total Appraised Value $59,648.00 Sales History 2005 Proposed Values Property Card GIS Map Print Search Result: 1 of 1 Just Value $59,648.00 Class Value $0.00 Assessed Value $59,648.00 Exempt Value $0.00 Total Taxable Value $59,648.00 Sale Date Book/Page Inst. Type Sale Vlmp I Sale Qual j Sale RCode Sale Price 5/ 1/ 1982 0/0 W D I U 03 $100. 00 12/1/1971 133/577 I Q $5,000.00 Building Characteristics Bldg Item Bldg Desc Year Bit Heated S.F. Actual S.F. Bldg Value 1 OFFICE/SFR (004700) 1930 956 1446 1 $31,792.00 Extra Features & Out Buildings Code Desc Year Bit Value Units Dims Condition (% Good) OCR OPN CC R/F 1991 $416.00 378.000 0 x 0 x 0 PD (30.00) .Land Breakdown Lnd Code Desc I Units I Adjustments Eff Rate Lnd Value 161CIO CITY LT (MKT) 100.000 FF - (.325AC) 1.00/1.00/1.00/1.00 $274.40 $27,440.00 Okeechobee County Property Appraiser Last Updated: 10/31/2005 Search Result: 1 of 1 HOME I Record Search I GIS Map I General Info I Exemptions I Tangible Tax I F A Q I Contact Us This information was derived from data which was compiled by the Okeechobee County Property Appraiser's Office so governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of t http://www.okeechobeepa.com/GIS/D_SearchResults.asp 11/10/2005 • IN THE CIRCUIT COURT IN AND FOR GLADES COUNTY, FLORIDA, PROBATE DIVISION CASE NO. 2005-CP- �. In re: Estate of MARY VIRGINIA DYALS, a/k/a .MA.1ZY DYALS, Deceased. ORDER OF SUMMARY ADMINISTRATION On the petition of LELAND DYALS, for Summary Administration of the estate of MARY VIRGINIA. DYALS, -a/k/a MARY DYALS, deceased, the court finding that the decedent died on the 13th day of December, 1997, that all interested persons hive been served proper notice of hearing or have waived notice thereof; that the material allegations of the petition are true; and that the decedent's estate qualifies for summary administration and an Order of Summary Administration should be entered, it is s` ADJUDGED that ` `' =3 1. There be immediate distribution of the assets of the decedent, being thUo_llowjn.g . described property: Lots 1 and 2, Block 182,_ OKEECHOBEE, according to the plat therea"F—T ` recorded in Plat Book 5, page 5, public records of Okeechobee County; 1:1. Florida. (Parcel No. 3-15-37-35-0010-01820-0010) to LELAND DYA►S, whose address is 304 S.W_ 3rd Avenue, Okeechobee, Florida 34974. 2. Those to whom spccifiied parrs of the decedent's estate are assigned by this order shall be entitled to receive and collect the same, and to nriaintain actions to enforce the right. 3. Debtors of the dcccdout, those holding property of the decedent, and those with whom securities or other property of decedent are registered, are authorized and empowered to comply with this order by paying, delivering, or transferring to those specified above the parts- of the decedent's estate assigned to them by this order, and the persons so paying, delivering, or transferring shall not be accountable to anyone else for the property. ORDERED on Septc—�`" , 2005_ IS! JACK LUNDY a.c# CIRCUIT JUDGE cc: U Conely & Conely, P.A. SW 3RD STREET CENTERLINE LO 0) RBS N89' 58' 02' E too. 05' 6 Ln N Q W m m 0 .r 0 a Ras AREA- . 327 ACRES a 2 I 1 L9 N Q 1 I too, I P] N89' 58' 00' E 99. 90' 1 F] RBS 35" ( 0 u� I CV w w N w O ZI UJI Q � cc RBS ti z w 15' ALLEY ReF co IF — S89' 58' 00' N 99.89' t00' I P] I I I I LL, c N112 If N112 12 Uj W I � w N N N (� NOT PART OF THIS SURVEY c to coz Z t00' I P] S89' 55' 55' N 99.8t' R8F -— RBF LEGEND RBF - Rebar Found RBS — Rebar W/Cap Set IPF - Iron Pipe Found CMF - Concrete Monument Found PRM - Permanent Reference Monument (P) - As per the plat of f F) - Field Measurement (D) - As per the deed !C) - Calculation NOTES: i. Basis bearing CENTERLINE OF ROAD 2. Bearings ASSUMED 3. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 4. Description as per owner STREET ADDRESS: 304 SW 3RD AVENUE CERTIFIED TO: LELAND DYALS CITY OF OKEECHOBEE, FORIDA SURVEY OF. LOTS 1 AND 2. BLOCK 182, ACCORDING TO THE MAP OF THE CITY OF OKEECHOBEE, FLORIDA, AS THE SAME APPEARS ON FILE IN THE OFFICE OF THE CLERK OF CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA, IN PLAT BOOK i PAGE 10. CERTIFICATE OF SURVEY I HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOWN HEREON WAS PREPARED UNDER MY DIRECTION AND SUPERVISION. _ �-------- LELAND DYALS, RLS 2081 DYALS R. L. S. 208 4 S. W. 3rd Ave.. Okeechobee. Fla. P#RW .... 7&9-4m FAX.... 7&9-2 0 --- 50A9, : t' - AO' L00T#M 1 P RX M K-R D my.. °°' ' FM LELAND DYALS No.: ow Lp ma:304 `LIB Y NAMF. OF a : CITY 193 pp AEVISIOW DATE BY SAL • 1375 Jacn Street, Suite 206 Fort My , Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 : Email: larue-planning(a,att.net Staff Report Applicant/Owner: Mary Dyals From: RMF To: CHV Petition No. 05-015 R Staff Report Rezoning Request I General Information Applicant:. Mary Dyals Petition No. 05-015-R Applicant: Leland Dyals Applicant Address: 304 SW 3rd Avenue Okeechobee Applicant Phone Number: 863-763-4909 Contact Person Mary Dyals Future Land Use Map Classification Existing Commercial Proposed Same Zoning District RMF CHV Use of Property Survey office Same Acreage 0.325 0.325 Legal Description: Lots 1 AND 2, BLOCK 182, ACCORDING TO THE MAP OF THE CITY OF OKEECHOBEE, FLORIDA, AS THE SAME APPREARS ON FILE IN THE OFFICE OF THE CLERK OF CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA, IN PLAT BOOK 1 PAGE 10. Request: The applicant is requesting a rezoning from RMF to CHV in order to continue operation of a surveying office. Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: MF Zoning District: RMF Existing Land Use: Single Family East: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Retail stores South: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Hair salon West: Future Land Use Map Classification: MF Zoning District: RMF Existing Land Use: Commercial building Staff Report • Applicant:. Mary Dyals Rezoning Request Petition No. 05-015-R In May of 2005, the City Council granted a Small Scale map amendment for the subject property from Multi Family to Commercial. The applicant intends to continue the existing use on the property (Survey office), and in order to do so, the Zoning and Future Land Use classifications must be consistent. When recommending whether to rezone land, the City must consider the following analysis before reaching a decision. 1. The proposed use is not contrary to Comprehensive Plan requirements. No, the proposed CHV zoning and its accompanying use are not contrary to the Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes, Section 90-282(1) allows professional offices within the CHV Zoning District. 3. The proposed use will not have an adverse effect on the public interest. No, the CHV zoning and office 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. Surrounding uses show compatibility with existing uses allowed under this zoning district. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. If approved, the proposed use and zoning will not deter the improvement or development of adjacent properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. FA Staff Report Rezoning Request Applicant% Mary Dyals Petition No. 05-015-R The site is already developed. All buffering requirements were met during the Site Plan review phase 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No, the property is already developed and has not overburdened public facilities nor is it expected to in the future. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No, the use will not create traffic, flooding or drainage problems. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the use has not been inordinately burdened by unnecessary restrictions. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. No, special privileges will not be conferred on the applicant as a result of granting this request. Summary and Conclusions Prior to Certification The subject property is located in an area developed with commercial uses. The proposed CHV zoning and the existing office use are compatible with surrounding uses and consistent with the Comprehensive Plan. Staff recommends approval of the request to allow rezoning from RMF to CHV permitting the applicant to continue a commercial office use. Submitted by: Tames G. LaRue, AICP Planning Consultant December 5, 2005 December 2005 - Planning Board - Page 2 of 4 IV. NEW BUSINESS. A. Rezoning Petition No. 05-015-R. Consider a recommendation to the City Council to rezone Lots 1 and 2, Block 182, City of Okeechobee from Residential Multiple Family (RMF) to Heavy Commercial (CHV). The subject property is located at 304 Southwest 3rd Avenue. Leland Dyals is the applicant on behalf of the property owner Mary Dyals (Estate). E • Jennifer Morgan, representative of LaRue Planning and Management, City, Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: In May of 2005, the City Council granted a Small Scale map amendment for the subject property from Multi Family to Commercial. The applicant intends to continue the existing use on the property (Survey office), and in order to do so, the Zoning and Future Land Use classifications must be consistent. When recommending whether to rezone land, the City must consider the following analysis before reaching a decision. Planning Staff Report Analysis: (A) The proposed CHV zoning and its accompanying use are not contrary to the Comprehensive Plan requirements. (B) Section 90-282(1) allows professional offices within the CHV Zoning District. (C) The CHV zoning and office use will not adversely affect the public interest. (D) Surrounding uses show compatibility with existing uses allowed under this zoning district. (E) If approved, the proposed use and zoning will not deter the improvement or development of adjacent properties. (F) The site is already developed. All buffering requirements were met during the Site Plan review phase. (G) The property is already developed and has not overburdened public facilities nor is it expected to in the future. (H) The use will not create traffic, flooding or drainage problems. (I) The use has not been inordinately burdened by unnecessary restrictions. (J) Special privileges will not be conferred on the applicant as a result of granting this request. Planning Staff Report Summary and Conclusions Prior to Certification: The subject property is located in an area developed with commercial uses. The proposed CHV zoning and the existing office use are compatible with surrounding uses and consistent with the Comprehensive Plan. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from RMF to CHV permitting the applicant to continue a commercial office use. There were no pubic comments, nor any discussion from the Board. Board Member Juarez motioned to recommend to City Council to approve Rezoning Petition 05- 015-R, changing the zoning from Residential Multiple Family (RMF) to Heavy Commercial (CHV); seconded by Board Member Hoover. December 2005 - Planning Board - Page 3 of 4 IV. NEW BUSINESS, CONTINUED. A. Rezoning Petition No. 05-015-R, continued. VOTE BURROUGHS-YEA HOOVER - YEA JOHNS -YEA JUAREZ - YEA LEDFERD - YEA MAXWELL - YEA WHIDDEN - YEA If MOTION CARRIED. B. Rezoning Petition No. 05-016-R. Consider a recommendation to the City Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultant, Council to rezone Lots 9 - 11, Block E, Wright's Third Addition from Industrial briefly described the Staff Report as follows: (IND) to Residential Single Family - One (RSF-1). The subject property is located 302 Southeast loth Avenue. The property owner and applicant is Daniel Planning Staff Report Summary: The subject property consists of 3 lots (9, 10 and 11) as Creech. described by the submitted survey. Lots 9 and 10 are developed with a single family dwelling and lot 11 is vacant. The Single Family Future Land Use designation allows the residential use that is currently on the property. The applicant's request is to bring the zoning into compliance with the Future Land Use Map. Planning Staff Report Analysis: (A) The Single Family land use category allows single family uses at a density of 4 du/ac. The existing use is not contrary to the Comprehensive Plan requirements. (B) Section 90-102(1) allows a single family dwelling as a permitted use in the RSF-1 Zoning District. (C) The use is existing and will not have an adverse effect on the public interest. (D) The use is appropriate for the location and compatible with the surrounding uses. (E) The proposed zoning and use will not adversely affect property values. (F) The existing use will not be required to be buffered from surrounding uses. (G) The use is pre-existing and has not overburdened public facilities, nor is it expected to in the future.(H) No traffic, flooding, or drainage problems are expected as a result of granting this request. (I) The applicant has not been burdened by unnecessary restrictions. (J) By granting this request the City will not confer on the applicant any special privileges. Planning Staff Report Summary and Conclusions Prior to Certification: Based on the above analysis, RSF-1 Zoning seems appropriate in this location. The RSF-1 zoning approval does not authorize additional units on these lots. • • EXN/8Ii 9 JAN 3 AGENDA ORDINANCE NO. 927 AN ORDINANCE OFTHE CITY OF OKEECHOBEE, FLORIDAAMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM INDUSTRIAL (IND) ZONING DISTRICT TO RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITYANDAN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition (Petition No. 05-016-R, Daniel B. Creech) pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 1.286 acre(s) from Industrial (IND) 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 a t a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. LEGAL DESCRIPTION. LOTS 9, 10, AND 11 OF BLOCK E, WRIGHT'S THIRD ADDITION TO THE CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 9, PUBLIC RECORDS FOR 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 Industrial (IND) 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. 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 3'd of January, 2006. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 171" of January, 2006. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 CFax:(863)763-1686 echobee Date: a Q 5 rvices Department Fee Paid 500.00 Avenue, Room 101 1st Hearing: 1a,o po e, Florida 34974-2903 p, Publication Dates: rJ old ; Phone:) 763-3372, ext. 218 763-1686 Notices Mailed: Uniform Land Use Application Rezone • Special Exception • variance ✓ Name of property owner(s)- A Owner mailing address: 14 -T� P p - Name of applicant(s) if other than owner (state relationship): Applicant mailing address: C A ' Name of contact person (state relationship): N- T Contact 2erson daytime hone(s): Petition No. 05 - Q I t9 - Jurisdiction: �g cc 2nd Hearing: t� + )J 1 ! 1 9 0,4 1 / /n lot, Fax: ✓ Property address / directions to property: 3©a S-'E' 100 _ Indicate current use of property: Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): Approximate number of acres: Is property in a platted subdivision? P Is. there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: R fl 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: E' R Is a sale subject to this application being granted? T. Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Describe adjoining land uses / improvements to the North: South East: (I�S1�1J14A41 West: 1� Existing zoning: S �, Future Land Use classification: �l t4 LE F m ) Actions Requested: Rezone ( _) Special Exception ( _) Variance Parcel Identification Number: - _ Uniform Land Use Application (rev. 1/03) Page 1 of 2 Current zoning classification: ` Requested zoning classification: �S _ -I What is your desired permitted use under the proposed classification: E �� ��1 - ► �-y - coy-►,�u use _z a If granted, will the new zone be contiguous with a like zone? \I� J E,. Is a Special Exception necessary for your intended use? v (o Variance? Describe the Special Exception sought: 5 I`= Provide specific LDR ordinance citation: A' L" Are there other similar uses in the area? Is so, describe: R.-Why would granting your request be in the best interest of the area and residents? P' I= Q..' If business, briefly describe nature including number of employees, hours, noise generation and activities to be conducted outside of a building: Uniform Land Use Application (rev. 1/03) Page 2 of 2 Statement of Interest Rezoning Application The proposed property was purchased to continue the existing use as a residence by the property owner and applicant. Daniel B. Creech wishes to continue this use and to comply with any and all regulations that the City of Okeechobee may have regarding the subject property. 1111t... FILE NUM 2005017511 OR BK 00572 PG 1763 SHARDH ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYr FL RECORDED-08/11/2005 11:15:34 AM RECORDING FEES 10.00 DEED DOC 805.00 RECORDED BY L Rucks THIS INSTRUMENT PREPARED BY AND RETURN TO: Like Okeechobee Title Inc 21 n NW Park Street Suite 201 Okeechobee. A 34972 Property Appraisers Parcel Identification (Folio) Number: 3-22-37-35-0250-00000-0090 & 3-22-37-35-0250-00000-e110 ABOVE THIS LINE FOR RECORDING THIS WARRANTY DEED, made the ._!(!"day of August, 2005 by Shannon Lydia Holata, a single woman, whose post office address is 302 SE 10th Street, Okeechobee, FL 34974 herein called the grantor, to Daniel B. Creech, A Single man whose post office address is 406 SW Second Street, Okeechobee, FL 34974, hereinafter called the Grantee: (Wherever used herein the teens grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of'individrtals, and the successors and assigns ojcorporalions) W 1 T N E S S E T H: That the grantor, for and in consideration of the sum of TEN AND 00/100'S (S 10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in OKEECHOBEE County, State of Florida, viz.: Lots 9, 10 and 11 Block E WRIGHT'S THIRD ADDITION to the City of Okeechobee according to the plat thereof recorded in Plat Book 1 Page 9 public records of Okeechobee County, Florida. Subject to easements, restrictions and reservations of record and taxes for the year 2005 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 grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2004. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of W to-�kl Signature Shannon Lydia Holata v►ta E krc1� stlr4c,) ess f; I Printed ame �I Signature VAare itness #2 Printed Name STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this � day of August, 2005 by Shannon Lydia Holata who is personally known to me or has produced 1>tzw eik% L r --,,t v� as identification. SEAL �-�,.�;� g;•" J"E�n25,20D5 Notary Public !�jy t MY COMMISSION� O N IAEs epPrinted Notary Name My Commission Expires: • 0 Statement of Special Reasons and Basis for Rezoning Request The reason for this request is to comply with the City of Okeechobee zoning Requirements to continue a residential use. By rezoning this parcel it will enable the legal use in the appropriate zoning, Residential Single Family - One. intended Use, Nature of Activities For Rezoning Request The property owner and applicant's intended use is to continue utilizing the existing structure, a single family home for that purpose. The general activities and nature will be to reside in as a single family home. BOUNDARY SURVEY LOCATED IN SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST TALLAHASSEE MERIDIAN ° OKEECHOBEE COUNTY, FLORIDA _ DESCRIPTION ~ � Lots 9, 10, and 11, Block E, WRIGHT'S THIRD ADDITION Q o r47) TO OKEECHOBEE, according to .the plat thereof recorded Z in Plat Book 1, Page 9, Public Records of Okeechobee Fn E' CORNER LOT 8 CHAINLINR County, Florida. t.0'N. 3.5'E 58750 w 3, FENCE CORNER 1sN 1.0•W .,� 20.00• . ' I FD 5/8' IRC RLS 2084 - - - - 8- IRC rj?4r471v FD 5/ 5/ SURVEYORS NOTES IN CONCRETE 2084 IN CONCRETE Subject to easements and restrictions of record. a 1 s LOT 9 Lands described hereon not abstracted by this office. ' o��� 1 - 1 Underground utilities and foundations are not shown. N 4 -Z O The description shown hereon was provided by the I� BLOCK E —� client and/or his/her agent. v �I WRIGHT'S. THIRD ADDITION 1.286 ACRES* z o -O OKEECHOBEE u Not valid without the signature and the original raised �I $ PLAT BOOK 1, PAGE 9 LOT 10 QMPROYEMENTS NOT $ I D seal of a Florida licensed surveyor and mapper. = xi OKEECHOBEE COUNTY I FLORIDA CC The surveyor did not interview adjoining land owners I, a Ia - 373.49' Z Z o for unrecorded deeds or easements. 8 0 Elevations, if any, are based upon assumed datum. I U I LOT 11 Lands shown hereon are in Flood Zone C, as scaled from ' S I FEMA FIRM panel no. 120177 0200B, dated 2-4-81. I RE FWIENCE CORNER OLD WIRE FENCE I 1.0•N, 2.0•W Address: 302 SE 1 OTH AVENUE, OKEECHOBEE, FL. 20.00' FD 5/8. iRC RLS 2084 Yeg5o 3oE 37349' SIB. 589'47.47-W1 IRC RLS 2054 SURVEYORS CERTIFICATE I hereby . certify that the attached sketch of survey LOT 12 o v' of the hereon described property is true and correct to the best of my knowledge and belief as surveyed N in the field under my direct supervision. Subject to 373.W the qualifications noted hereon. 4 f 0 8 44D.R/Yf N o S8T50'30_W FORMERLY AVENUE A 37150, I SE 4TH STREET es R. Almond, P Professional Surveyor —Mapper f Florida Registration No_ LS5081 CERTIFIED TO ONLY THE FOLLOWING PARTIES: Drawn By: ATT DANIEL B. CREECH, JR. LEGEND M — MEASURED DIMENSION D - DEED DIMENSION DAMES R. ALMOND PSM ION -CONCRETE MONUMENT C - COLAT RETEDIMENMO SAL LAND SURVEYOR'- MAPVETi - TAW IR - IRON ROD In -IRON ROD WITH CAP I A�M2973 SW 3RD TERRACE OKEECHOBEE, FLORIDA 34974-2684 . SUM - wA wv -WATER VALVE up - uTII.IIY POLE TEL (863) 467-5700 FAX: (863) 467-6121 EMAIL surveyor349720yahoo.com , — CENTRAL ANGLE SCALE REVISIONS SURVEY DATE: SEPTEMBER 21, 2005 R - - RCHOR DISTANCE ADIUS . IFLDBK/PAGE 1- 40' 116/3 SF - SOUARE FEET PROJECT No. 4500 1 INCH-� - GAL - GALLON - - FD FOUND PB -PLAT BDI>tc ; SHEET 1 OF 1 MAP OF tiOlJi�OARY THIS BAR IS INTENDED TO MEASURE 1 INCH LONG AT THE SCALE SHOWN. P E111R MEASURES 0*vEREN1LY PREPARED FOR: D A N I E L B CREECH J R PG PAGE ORB - OFFRUL RECORDS 9001( `AO -RADIAL Stfnf [' ENLARGE OR REDUCE ACCORDWW. . , . NR - NOT RADIAL • . 1375 Jaclifin Street, Suite 206 Fort MyOWIorida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(a,att.net Staff Report Rezoning Request Applicant/Owner: From: To: Daniel B. Creech TVD RSF-1 Petition No. 05-016-R Staff Report Rezoning Request General information Applicant: Daniel B. Creech. Petition No. 05-016-R Applicant: Daniel B. Creech Applicant Address: 406 SW 2nd Street Applicant Phone Number: 863-634-6359 Contact Person Carolyn Arnold Owner: Daniel B. Creech Owner Address: Same Future Land Use Map Classification SF ProposedExisting Same Zoning District IND RSF-1 Use of Property Residential Same Acreage 1.286 1.286 Location: Legal Description: Lots 9, 10, and 11, Block E, WRIGHT'S THIRD ADDITION TO OKEECHOBEE, according to the plat thereof recorded in Plat Book 1, Public Records of Okeechobee County, Florida. The applicant is requesting a rezoning from IND to RSF-1 to continue the existing use as a residence. North: Future Land Use Map Classification: SF and IND Zoning District: IND Existing Land Use: Industrial East: Future Land Use Map Classification: MF Zoning District: RMF Existing Land Use: Residential/vacant South: Future Land Use Map Classification: SF Zoning District: RMF Existing Land Use: Residential West: Future Land Use Map Classification: SF Staff Report • Rezoning Request Opplicant: Daniel B. Creech. Petition No. 05-016-R Zoning District: RSF-1 Existing Land Use: Residential The subject property consists of 3 lots (9, 10 and 11) as described by the submitted survey. Lots 9 and 10 are developed with a single family dwelling and lot 11 is vacant. The Single Family Future Land Use designation allows the residential use that is currently on the property. The applicant's request is to bring the zoning into compliance with the Future Land Use Map. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. The Single Family land use category allows single family uses at a density of 4du/ac. The existing use is not contrary to the Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes, Section 90-102(1) allows a single family dwelling as a permitted use in the RSF- 1 Zoning District. 3. The proposed use will not have an adverse effect on the public interest. No, the use is existing and will not have an adverse effect on the public interest. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Yes, the use is appropriate for the location and compatible with the surrounding 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 zoning and use will not adversely affect property values. 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. The existing use will not be required to be buffered from surrounding uses. 2 Staff Report Rezoning Request Applicant: Daniel B. Creech. Petition No. 05-016-R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No, the use is pre-existing and has not overburdened public facilities, nor is it expected to in the future. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No traffic, flooding, or drainage problems are expected as a result of granting this request. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the applicant has not been 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. No, by granting this request the City will not confer on the applicant any special privileges. Summary and Conclusions Prior to Certification Based on the above analysis, RSF-1 Zoning seems appropriate in this location. The RSF-1 zoning approval does not authorize additional units on these lots. Staff recommends approval of the request to allow rezoning from IND to RSF-1 permitting the applicant to continue the single family residential use. Submitted by: James G. LaRue, AICP Planning Consultant December 6, 2005 3 December 20, 2005 - Planning Board - Page 3 of 4 IV. NEW BUSINESS, CONTINUED. A. Rezoning Petition No. 05-015-R, continued. VOTE BURROUGHS-YEA HOOVER - YEA JOHNS - YEA JUAREZ - YEA LEDFERD - YEA MAXWELL - YEA WHIDDEN - YEA 11 MOTION CARRIED. B. Rezoning Petition No. 05-016-R. Consider a recommendation to the City Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultant, Council to rezone Lots 9 - 11, Block E, Wright's Third Addition from Industrial briefly described the Staff Report as follows: (IND) to Residential Single Family - One (RSF-1). The subject property is located 302 Southeast loth Avenue. The property owner and applicant is Daniel Planning Staff Report Summary: The subject property consists of 3 lots (9, 10 and 11) as Creech. described by the submitted survey. Lots 9 and 10 are developed with a single family dwelling and lot 11 is vacant. The Single Family Future Land Use designation allows the residential use that is currently on the property. The applicant's request is to bring the zoning into compliance with the Future Land Use Map. Planning Staff Report Analysis: (A) The Single Family land use category allows single family uses at a density of 4 du/ac. The existing use is not contrary to the Comprehensive Plan requirements. (B) Section 90-102(1) allows a single family dwelling as a permitted use in the RSF-1 Zoning District. (C) The use is existing and will not have an adverse effect on the public interest. (D) The use is appropriate for the location and compatible with the surrounding uses. (E) The proposed zoning and use will not adversely affect property values. (F) The existing use will not be required to be buffered from surrounding uses. (G) The use is pre-existing and has not overburdened public facilities, nor is it expected to in the future.(H) No traffic, flooding, or drainage problems are expected as a result of granting this request. (I) The applicant has not been burdened by unnecessary restrictions. (J) By granting this request the City will not confer on the applicant any special privileges. Planning Staff Report Summary and Conclusions Prior to Certification: Based on the above analysis, RSF-1 Zoning seems appropriate in this location. The RSF-1 zoning approval does not authorize additional units on these lots. IV. NEW BUSINESS, CONTINUED. B. Rezoning Petition No. 05-016-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 December 2005 - Plannine Board - Pa-ve 4 of 4 Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from 11*4D to RSF-1 permitting the applicant to continue the single family residential use. There were no pubic comments, nor any discussion from the Board. Board Member Hoover motioned to recommend to City Council to approve Rezoning Petition 05- 016-R, changing the zoning from Industrial (M) to Residential Single Family - One (RSF-1); seconded by Board Member Whidden. VOTE BURROUGHS - YEA HOOVER - YEA JOHNS - YEA JUAREZ - YEA LEDFERD - YEA MAXWELL - YEA WHH)DEN - YEA MOTION CARRIED. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 6:50 p.m. • 40 EXHIBIT /0 JAN 3 AGENIM ORDINANCE NO. 928 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE NO. 842; PROVIDING FOR EXTENSION OF RIGHT OF REVERSION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida, adopted Ordinance No. 842 on November 18, 2003, which provided for the abandonment of certain alley or rights -of -way hereafter described, but retained a right of reverter in the event the project planned for the property was not timely completed; and WHEREAS, the property owner, due to certain events beyond his control, including acts of God and personal reasons, was not able to complete the project in a timely manner, and the right of reverter has come into effect, but for an emergency proclamation by the Mayor dated November 15, 2005 which extended the time period; and WHEREAS, it is in the best interests of the City of Okeechobee to further extend the time in which the property owner may complete the development and project, as such will improve the area and benefit the tax base of 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 of Okeechobee, that: SECTION ONE. Ordinance No. 842 is hereby amended in the following respects: 1. THAT the lands subject to this ordinance are described as: THAT 15-FOOT WIDE ALLEYWAY LYING BETWEEN LOTS 3 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. 2. THAT Section Two of Ordinance No. 842 is hereby amended to state: Section Two. That in the event the said property owner fails to obtain, within twelve (12) months hereof, a certificate of occupancy for their future development, then said alley shall be declared open and the provisions of this ordinance declared null and void. SECTION TWO. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. SECTION THREE. This ordinance shall be set for final public hearing the 171h day of January, 2006, and that the effective date of this ordinance shall be December 31, 2005. Page 1 of 2 SECTION FOUR. 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. INTRODUCED for first reading and set for public hearing on the 3" day of January, 2006. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after second and final reading at a public hearing held this 171h day of Janaury, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor 1 7- EN Page � Authorized Signature Typed Name & Title �- Phone No. Date Typed Name & Title /I eft FsTA-ri° Ire G d r ' � a ya jy� x .L7 Phone No, bate A/ 1L�NN -A G lL�ll,-xy,, d rc-W Z4a B6 ? 76 3, L / 6 It- Y- 03� Authorized Signature Typed Name & Title Phone .No. Date Only For City of Okeechobee. & First Addition to city of uxeecnoaee zououivisions: /T i s 86 1743 3 I � Y -3-os�- Auth6rized Signa a Typed Name & Title Phone No. Date w 0 P�� 2 J Yh ibr�" l 1 Authorized Signature Date Authorized Signature Date Dxmie i iDert-soa, Public irks Direct -.or asmr Bamr`ez, city agin er Typed Name & Title Typed Name & Title Authorized Signature Date DMV Iavis, Chief of Police - Typed Name & Title verb E ni th, Fire chief Typed Name & Title Typed Name & Title APPLICATION APPROVED BY: A"", V" /a cis LANE GA 10-rEA, CITY CLERK DATE Revised 413/03-LG Memorandum To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer Date: January 3, 2006 Re: Alley - Closing application from Williamson Cattle Company. The Engineering Department has visited the site and found that future drainage problems may be generated near the requested abandon subject City of Okeechobee Alley. We are aware of the critical drainage problems on City of Okeechobee especially on NW section of the City, and for that reason the Engineering Office will recommend not approving the request for the Alley Closing until future development of the area is presented. It is the Engineering Department's opinion that the City of Okeechobee shall be very cautious before abandoning any Alleys. THIS INSTRUMENT PREPARED BY AND RETURN TO: FILE NUN 2004 06395 SHARON ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYP FL RECORDED 04/08/2004 09m12:13 AN RECORDING FEES 6.00 DEED DOC 4r200.00 RECORDED BY N Anue. Lake Okeechobee Title Inc 210 NW Park Street Okeechobee, Fl 34972 Property Appraisers Parcel Identification (Folio) Number: 3-15-37-35-0010-00930-0010, 0040 & 0070 SPACE ABOVE THIS LINE FOR RECORDING DAT -C e% THIS WARRANTY DEED, made the (w day of April, 2004 by and Theresa Cardone, Tenant in Common, An unremarried widow as to a 1/8"' interest, Therese Cardone, Tenant in Common as Trustee of the Arthur J. Cardone Revocable Trust dated July 31, 1990, as to a 1/8'h interest, Robert Cardone Tenant in common as to a 1/8"' interest and Colette Cardone, Tenant in common as to a 1/8'h interest, all of whose address is 306 NW 5th Street, Okeechobee, FL 34972 herein called the grantors, to Williamson Cattle Company, A Florida Corporation whose post office address is P. O. Box 248, Okeechobee, FL 34973, hereinafter called the Grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the grantors, for and in consideration of the sum of TEN AND 00/100'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in OKEECHOBEE County, State of Florida, viz.: Lots 1, 2, 4, 5, and 6 and 7 through 12 inclusive, Block 93, TOWN OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 1, Page 10, public records of Okeechobee County, Florida. Subject to easements, restrictions and reservations of record and to 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 grantee. that the grantors are lawfully seized of said land in fee simple; that the grantors have good right and lawful authority to sell and convey said land, and hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2003. IN WITNESS WHEREOF, the said grantors have signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Witness #1 Signature Witness #1 Printed Name Wi ss 2 Signature G !i r,&t Witness #2 Printed Name STATE OF FLORIDA COUNTY OF Theresa Cardone, Trustee of the Ar hur J. Cardone Revocable Trust dated Jul 31, 1990 Theres r j Ro ert Cardone Colette Cardone The foregoing instrument was acknowledged before me this day of April, 2004 by Theresa Cardone, Robert Cardone and Colette Cardone who are personally known to me or have produced IF C. as identification. SEAL Abo KO IS no Robertson * My Commission DD173838 gxpifea December 23. 2006 Notary Public �.. Q- eg= Printed Notary Name My Commission Expires: IIIP""'�Igllllllill811ii11{!!Illlflf11111i1111lflilllli �a� FILE NUM 2004006394 SHARON ROBERTSON► CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY► FL RECORDED 04/0E/2004 09:12:13 AN RECORDING FEES 6.00 DEED DOC 4P200.00 RECORDED BY N Anuez THIS INSTRUMENT PREPARED BY AND RETURN TO: Lake Okeechobee Title Inc 210 NW Park Street Okeechobee, Fl 34972 Property Appraisers Parcel Identification (Folio) Number: 3-15-37-35-0010-00930-0010, 0040 & 0070 SPACE ABOVE THIS LINE FOR RECORDING DAT THIS WARRANTY DEED, made the 7th day of April, 2004 by Frank Altobello, Trustee of the Frank Altobellow Charitable Remainder Trust V dated March 9, 2004 whose address is 306 NW 5th Street, Okeechobee, FL 34972 herein called the grantors, to Williamson Cattle Company, A Florida Corporation whose post office address is P. O. Box 248, Okeechobee, FL 34973, hereinafter called the Grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the grantors, for and in consideration of the sum of TEN AND 00/100'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in OKEECHOBEE County, State of Florida, viz.: An undivided %: interest in the following property. Lots 1, 2, 4, 5, and 6 and 7 through 12 inclusive, Block 93, TOWN OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 1, Page 10, public records of Okeechobee County, Florida. Subject to easements, restrictions and reservations of record and to 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 grantee that the grantors are lawfully seized of said land in fee simple; that the grantors have good right and lawful authority to sell and convey said land, and hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2003. IN WITNESS WHEREOF, the said grantors have signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: - S:ZQ �,; Witness #1 Signature I-- —�--N Witness #1 Printed Name c�-� 6,4 ,J- Witness. #2 Signature GL.A-,ie-c—, IJJA'r-Y]c_-SHa Witness #2 Printed Name STATE OF FLORIDA COUNTY OF OKEECHOBEE IF a k Altobello, Trustee The foregoing instrument was acknowledged before me this 71h day of April, 2004 by Frank Altobello who is personally known to me or has produced as identification. SEAL Notary Public =F\-Q . SURDESHAW rf J C— SION # DD 060157Printed Notary Name My Commission Expires: aptember25,2005Budget Notary $ ervices FILE NUM 2005009723 OR BK 00562 PG 0264 SHARON ROBERTSONP CLERK. OF CIRCUIT COURT OK,EECHOBEE COUNTYP FL RECORDED 05/06/2005 03:31:51 PM RECORDING FEES 18.50 DEED DOC 220.50 RECORDED BY M Anuez BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA QUITCLAIM DEED Deed Number 31392 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA is by Section 253.03, Florida Statutes, authorized and empowered to convey certain lands under the terms and conditions set forth herein; and, WHEREAS, said BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA did approve this transfer on the 2nd day of February, 2005. NOW, THEREFORE, the undersigned BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, as "GRANTOR", under authority of Section 253.03, Florida Statutes, for and in consideration of the sum of THIRTY-ONE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($31,500.00) and other good and valuable considerations, to it in hand paid by WILLIAMSON CATTLE COMPANY, a Florida corporation, whose address is P.O. Box 248, Okeechobee, Florida 34973 as "GRANTEE," has remised, released, conveyed and quitclaimed, and by these presents does remise, release, convey and quitclaim unto GRANTEE, its successors, heirs and assigns forever, all the right, title, interest, claim and demand which GRANTOR may have in and to the following described lands in Okeechobee County, Florida, to -wit: Lots 3, Block 93, Okeechobee City, a subdivision in Sections 15, 16, 21 and 22, Township 37 South of Range 35 East, according to the plat thereof recorded in Plat Book 1, Page 10, Public Records of Okeechobee County, Florida (formerly recorded in Plat Book 2, Page 17, St. Lucie County, Florida, public records), less and except all sovereignty lands. STATE LANDS INVENTORY NUMBER: 47-1026.0 OR A 00- 62 PG O265 TO HAVE AND TO HOLD the above -described lands subject to all outstanding easements, reservations and other interests. SAVING AND RESERVING unto GRANTOR and its successors an undivided three -fourths interest in, and title in and to an undivided three -fourths interest in, all the phosphate, mineral, and metals that are or may be in, on, or under the said land and an undivided one-half interest in all the petroleum that is or may be in, on, or under the said land with the privilege to mine and develop the same. IN TESTIMONY WHEREOF, the members of the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA have hereunto subscribed their names and have caused the official seal of said BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA to be hereunto affixed in the City N of Tallahassee, Florida, on this t' day of MA" , A.D. 200F. (SEAL) BOARD OF TRUSTEES OF THE BUSH INTERNA4 IMPROVEMENT OVERNOR Tkj, ST7:9�D OF THE STATE . �F• • FLORI� , CHARLEE CRIST ATTORNEY GENERAL =' J; :u : -afz N :§ ApPROVEI�•).YV'.TO FORM AND LL7�Y:`== TOM GALLAGHE CHIEF FINANCIAL OFFICER By':, a& 1-fAtD'YfQ� DEP At orney CHARLES H. BRONSON COMMISSIONER OF AGRICULTURE As and Constituting the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA This instrument prepared by: Jill Stoyshich Department of Environmental Protection Bureau of Public Lands Administration Division of State Lands 3900 Commonwealth Blvd. MS 130 Tallahassee, Florida 32399-3000 Page 2 of 2 Deed No. 31392 FILE HUM 20OM009723 OR EY.. 00562 PG 02&4 SHARON ROSERTSORP CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYP FL RECORDED 03/06/2oos o3.31=51 PM RECORDING FEES I8.50 DEED DDC 220.50 RECORDED BY N Anuez BOARD OP TRUSTEES OF TJM INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA QUITCLAIM DEED Deed Number 31392 KNOW ALL MEN BY THESE PRESENTS. That WHEREAS, the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA is by Section 253.03, Florida Statutes, authorized and dowered to convey certain lands under the terms and conditions set forth herein; and, WHEREAS, Said BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA did approve this transfer on the Z"a day of February, 2005. NOW, THEREFORE, the undersigned BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, as 'GRANTOR", under authority of Section 253.03, Florida Statutes, for and in consideration of the sum of THIRTY-ONE THOUSAND FIVE HUMPED AND NO/100 DOLLARS ($31,500.00) and other good and valuable considerations, to it in hand paid by WILLIAMSON CATTLE COMPANY, a Florida corporation, whose address is P.O. Box 2481 Okeechobee, Florida 34973 as 'GRANTEE," has remised, released, conveyed and Quitclaimed, and by these presents does remise, releaoe, convey and quitclaim unto GRANTEE, its successors, heirs and assigns forever, all the right, title, interest, claim and demand which GRANTOR may have in and to the following described lands in Okeechobee County, Florida, to -wit: Lots.3, Block 93, Okeechobee City, a subdivision in Sections 15, 16, 21 and 22. Township 37 South of Range 35 East, according to the plat thereof recorded in Plat Book 1, Page 10, ,public Records Of Okeechobee County, Florida (formerly recorded in Plat Book 2, Page 17, St. Lucie County, Florida, public records), less and except all sovereignty lands. STATEiLANDS INVENTORY MnOER: 47-1026.0 •06/20/2005 11:13 863763173? WILLIAMSON CATTLE OR BK OOS62 PG 02&5 PAGE M TO HAVE AND TO HOLD the above -described lands subject to all outstanding easements, reservations and other interests. SAVING AND RESERVING unto GRANTOR and its successors an undivided three -fourths interest in, and title in and to an undivided three -fourths interest in, all the phosphate, mineral, and metals that are or may be in, on, or under the said land and an undivided one-half interest in all the petroleum that is or may be in, on, or under the said sand with the privilege to mine and develop the same. IN TESTIMONY WHEREOF, the members of the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA have hereunto subscribed their names and have caused the official seal of said BOARD OF TRUSTEES OF THE INTERNAL IMPROvEmENT TRUST FUND OF THE STATE OF FLORIDA to be hereunto affixed in the City of Tallahassee, Florida, on this Z day of �•(/A.D. 200J. (SEAAL, ) BOARD OF TRUSTEES OF THE _aoo? BUSH INTtTWA.gNIMPROVMOM t OVERNOR TST : OF THE STATE P •i IA C11� '1 ' CHARLIE CRIST rn Ok ATTORNEY GENERAL 'APP�tOV.�' TO FORM AND TOM GALLAGHE CHIEF FINANCIAL OFFICER By: DEP At orney CHARLES H. BRONSON COMMISSIONER OF AGRICULTURE As and Constituting the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Thin inetsnment prepared by.. Jill Stoyehich Deparbtm t.Of Environmental Protection Bureau of Public Lane Administration Division of State Londe 2900 COMOnvealth Blvd. MS 13o Tallahassee, Florida 32391-3000 Page 2 of 2 Deed No. 31292 6 5 4 +1 1�6 4 321ItE 111111 IN= Wilk , .I Blix Herons Date: I December 2005 From: Board of Directors lntwi Qk o� fi 341 73-157S Via_ Uff. N"a". !; i e�- P, Tea yam: A jez Hof Aa:01'.. 1!tj &nnil- hlnehemn.hnn af�eat�tWi�et Blue Heron Golf and Country Club Homeowner's Association, Inc. P.O. Box 1575 Okeechobee, F134973-1575 To: Okeechobee City Council 55 S.E. Third Avenue Okeechobee, FL 34974-2932 Subj: Request for operation of Golf Carts in Blue Heron Golf & Country Club Dear City Council Members, On 27 November 2005, one of our Directors was contacted by Lieutenant Hagan of the Okeechobee Police Department regarding golf carts on city streets in the Blue Heron Community. Even though we've been operating golf carts here for more than twelve years without incident, he recommended that we comply with -the Florida Statutes and request the City Council designate our area for golf cart use. The Blue Heron Golf and Country Club, including the Oaks, is an excellent candidate for designation as a golf cart community. We have no thru streets, low traffic volume and a 25 mph speed limit which lends itself to the safe use of golf carts. We request that SE 9" Drive, SE 14"' Court and SE 15`h Street in the Oaks, as well as SE 921 Avenue south from the Oaks, SE 21" Street and SE 23`d Street in Blue Heron be designated for golf cart use. In accordance with FS 316.212(1); A golf cart may be operated upon a city streetthat has been designated by the City for use by golf carts if the responsible local government entity determines that golf carts may safely travel on or across the public streets, considering factors including the speed, volume, and character of motor vehicle traffic using the streets. FS 316.212(1) also requires the City to post appropriate signs to indicate that such operation is allowed. The Blue Heron Golf and Country Club Homeowner's Association, Inc, would be willing to pay for the cost of these signs. We are aware that our golf carts may. only be operated from sunrise to sunset; that they must be equipped with efficient brakes, reliable steering, safe tires, a rearview mirror, and red reflectorized warning devices in both the front and rear, and that they may not be operated on streets by any person under the age of 14. Your consideration of this request is greatly appreciated. Respectfully, 2 Florida Code Search - MegaLaw.com Page 1 of 2 EGAL AW.CO FLORIDA Home > Legal Research > States > Florida > Florida Codes & Regs > Search Results > Florida Statutes Search Florida Statutes The 2004 Florida Statutes Title XXIII Chapter_316 View Entire Chapter MOTOR VEHICLES STATE UNIFORM TRAFFIC CONTROL 316.212 Operation of golf carts on certain roadways. --The operation of a golf cart upon the public roads or streets of this state is prohibited except as provided herein: (1) A golf cart may be operated only upon a county road that has been designated by a county, or a city street that has been designated by a city, for use by golf carts. Prior to making such a designation, the responsible local governmental entity must first determine that golf carts may safely travel on or cross the public road or street, considering factors including the speed, volume, and character of motor vehicle traffic using the road or street. Upon a determination that golf carts may be safely operated on a designated road or street, the responsible governmental entity shall post appropriate signs to indicate that such operation is allowed. (2) A golf cart may be operated on a part of the State Highway System only under the following conditions: (a) To cross a portion of the State Highway System which intersects a county road or city street that has been designated for use by golf carts if the Department of Transportation has reviewed and approved the location and design of the crossing and any traffic control devices needed for safety purposes. (b) To cross, at midblock, a part of the State Highway System where a golf course is constructed on both sides of the highway if the Department of Transportation has reviewed and approved the location and design of the crossing and any traffic control devices needed for safety purposes. (c) A golf cart may be operated on a state road that has been designated for transfer to a local government unit pursuant to s. 335.0415 if the Department of Transportation determines that the operation of a golf cart within the right-of-way of the road will not impede the safe and efficient flow of motor vehicular traffic. The department may authorize the operation of golf carts on such a road if: 1. The road is the only available public road along which golf carts may travel or cross or the road provides the safest travel route among alternative routes available; and 2. The speed, volume, and character of motor vehicular traffic using the road is considered in making such a determination. Upon its determination that golf carts may be operated on a given road, the department shall post appropriate signs on the road to indicate that such operation is allowed. http://www.megalaw. com/fl/flstatutes.php?Mode=Display_Statute&codelink=@Search_... 12/ 15/2005 Florida Code Search - MegaLom • Page 2 of 2 (3) Any other provision of this section to the contrary notwithstanding, a golf cart may be operated for the purpose of crossing a street or highway where a single mobile home park is located on both sides of the street or highway and is divided by that street or highway, provided that the governmental entity having original jurisdiction over such street or highway shall review and approve the location of the crossing and require implementation of any traffic controls needed for safety purposes. This subsection shall apply only to residents or guests of the mobile home park. Any other provision of law to the contrary notwithstanding, if notice is posted at the entrance and exit to any mobile home park that residents of the park utilize golf carts or electric vehicles within the confines of the park it shall not be necessary that the park have a gate or other device at the entrance and exit in order for such golf carts or electric vehicles to be lawfully operated in the park. (4) A golf cart may be operated only during the hours between sunrise and sunset, unless the responsible governmental entity has determined that a golf cart may be operated during the hours between sunset and sunrise and the golf cart is equipped with headlights, brake lights, turn signals, and a windshield. (5) A golf cart must be equipped with efficient brakes, reliable steering apparatus, safe tires, a rearview mirror, and red reflectorized warning devices in both the front and rear. (6) A golf cart may not be operated on public roads or streets by any person under the age of 14. (7) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as either a moving violation for infractions of subsection (1), subsection (2), subsection (3), or subsection (4), or as a nonmoving violation for infractions of subsections (5) and (6). History.--s. 2, ch. 83-188; s. 1, ch. 84-111; s. 2, ch. 88-253; s. 322, ch. 95-148; s. 4, ch. 96-413; s. 168, ch. 99- 248; s. 7, ch. 2000-313. Search Florida Statutes http:/lww,w.megalaw. comlfl/flstatutes.php?Mode=Display_Statute&codelink=@Search_... 12/ 15/2005 Florida Code Search - MegaLaw.com Page 1 of 1 10 316.2122 Operation of a low -speed vehicle on certain roadways. --The operation of a low -speed vehicle, as defined in s. 320.01(42), on any road as defined in s. 334.03 (15) or (33), is authorized with the following restrictions: (1) A low -speed vehicle may be operated only on streets where the posted speed limit is 35 miles per hour or less. This does not prohibit a low -speed vehicle from crossing a road or street at an intersection where the road or street has a posted speed limit of more than 35 miles per hour. (2) A low -speed vehicle must be equipped with headlamps, stop lamps, turn signal lamps, taillamps, reflex reflectors, parking brakes, rearview mirrors, windshields, seat belts, and vehicle identification numbers. (3) A low -speed vehicle must be registered and insured in accordance with s. 320,02. (4) Any person operating a low -speed vehicle must have in his or her possession a valid driver's license. (5) A county or municipality may prohibit the operation of low -speed vehicles on any road under its jurisdiction if the governing body of the county or municipality determines that such prohibition is necessary in the interest of safety. (6) The Department of Transportation may prohibit the operation of low -speed vehicles on any road under its jurisdiction if it determines that such prohibition is necessary in the interest of safety. http://www.megalaw.com/fl/flstatutes.php?Mode=Display_Statute&codelink=@Search_... 12/ 15/2005 Statutes & Constitution :View Statutes :->2005->Ch0316->Section 2125 : Online Sunshine Page 1 of 1 316.2125 Operation of golf carts within a retirement community, (1) Notwithstanding the provisions of s. 316.212, the reasonable operation of a golf cart, equipped and operated as provided in s. 16.212(4), (5), and (6), within any self-contained retirement community is permitted unless prohibited under subsection (2). (2)(a) A county or municipality may prohibit the operation of golf carts on any street or highway under its jurisdiction if the governing body of the county or municipality determines that such prohibition is necessary in the interest of safety. (b) The Department of Transportation may prohibit the operation of golf carts on any street or highway under its jurisdiction if it determines that such prohibition is necessary in the interest of safety. http://vA�,xN-.leg. state. fl. us/Statutes/index.cfm?App_mode=Di splay_Statute&Search_Strin... 12/ 15/2005 Statutes & Constitution :View Statutes :->2005->Ch0316->Section 2127 : Online Sunshine Page 1 of 2 0 • Title XXIII Chapter 31 b View Entire. Chapter MOTOR VEHICLES STATE UNIFORM TRAFFIC CONTROL 316.2127 Operation of utility vehicles on certain roadways by homeowners' associations. --The operation of a utility vehicle, as defined in s. 320.01, upon the public roads or streets of this state by a homeowners' association, as defined in s. 720.301, or its agents is prohibited except as provided herein: (1) A utility vehicle may be operated by a homeowners' association or its agents only upon a county road that has been designated by a county, or a city street that has been designated by a city, for use by a utility vehicle for general maintenance, security, and landscaping purposes. Prior to making such a designation, the responsible local governmental entity must first determine that utility vehicles may safely travel on or cross the public road or street, considering factors including the speed, volume, and character of motor vehicle traffic on the road or street. Upon a determination that utility vehicles may be safely operated on a designated road or street, the responsible governmental entity shall post appropriate signs to indicate that such operation is allowed. (2) A utility vehicle may be operated by a homeowners' association or its agents on a portion of the State Highway System only under the following conditions: (a) To cross a portion of the State Highway System which intersects a county road or a city street that has been designated for use by utility vehicles if the Department of Transportation has reviewed and approved the location and design of the crossing and any traffic control devices needed for safety purposes. (b) To cross, at midblock, a portion of the State Highway System where the highway bisects property controlled or maintained by a homeowners' association if the Department of Transportation has reviewed and approved the location and design of the crossing and any traffic control devices needed for safety purposes. (c) To travel on a state road that has been designated for transfer to a local government unit pursuant to s. 335.0415 if the Department of Transportation determines that the operation of a utility vehicle within the right-of-way of the road will not impede the safe and efficient flow of motor vehicle traffic. The department may authorize the operation of utility vehicles on such a road if: 1. The road is the only available public road on which utility vehicles may travel or cross or the road provides the safest travel route among alternative routes available; and 2. The speed, volume, and character of motor vehicle traffic on the road is considered in making such a determination. Upon its determination that utility vehicles may be operated on a given road, the department shall post appropriate signs on the road to indicate that such operation is allowed. (3) A utility vehicle may be operated by a homeowners' association or its agents only during the hours between sunrise and sunset, unless the responsible governmental entity has determined that a utility http://www.leg. state. fl.us/Statutes/index. c fm?App_mode=Display_Statute&Search_Strin... 12/ 15 /2005 Statutes & Constitution Niew Statutes :->2005->Ch0316->Section 2127 : Online Sunshine Page 2 of 2 vehicle may be operated during the hours between sunset and sunrise and the utility vehicle is equipped with headlights, brake lights, turn signals, and a windshield. (4) A utility vehicle must be equipped with efficient brakes, a reliable steering apparatus, safe tires, a rearview mirror, and red reflectorized warning devices in both the front and the rear. (5) A utility vehicle may not be operated on public roads or streets by any person under the age of 14. A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as either a moving violation for infractions of subsection (1), subsection (2), subsection (3), or subsection (4) or as a nonmoving violation for infractions of subsection (5). History.--s. 104, ch. 2002-20. http://",-w.leg.state. fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_Strin... 12/15/2005 0 EXHIBIT 12 JAN 3 AGENDA AGREEMENT THIS AGREEMENT entered into on December 20, 2005 between: the City of Okeechobee, Florida hereinafter referred to as the "City", and James G. LaRue, LaRue Planning & Management Services, Inc., hereinafter referred to as "Consultant". WHEREAS, the City desires to use the professional services of the Consultant to provide professional project management services for the Implementation of Growth Management Initiatives Under SB 360, specifically to Update the Capital Improvements Element to the Comprehensive Plan; and WHEREAS, the Department of Community Affairs, hereinafter referred to as "Department", has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the City upon the terms and conditions hereinafter set forth; and WHEREAS, the Consultant agrees to be bound by the terms of the Agreement between the Department and the City, and Consultant is bound by all applicable State and Federal laws and regulations; and WHEREAS, the Consultant is fully qualified and prepared to provide such professional services identified herein; and Now, THEREFORE, the Consultant and the City do mutually agree as follows: Scope of Services: A. Update population projections. B. Determine future public facility needs. C. Develop a process and schedule for annual updates to the Capital Improvements Element. D. Prepare an updated Capital Improvements Element. E. A schedule of capital improvements to meet adopted levels of service standards. F. A draft update to the Capital Improvements Element consistent with the requirements of SB360. Time for Performance. The time for performance under this Agreement shall begin upon the date of its formal execution by both the Consultant and the City and shall end September 1, 2006, unless terminated for cause upon such written notice as is reasonable under the circumstances. 1 of 3 0 • 3. Compensation and Method of Payment. Compensation will be One Hundred Fifteen Dollars ($115.00) per hour not to exceed a total cost of the total grant award. This compensation includes professional fees related to the project. Consultant will not charge for travel to and from Okeechobee. If travel is required to other areas of the state, it will be charged at the State of Florida reimbursement rates, or what is normally charged to the City for travel, whichever is higher. Consultant will invoice the City on a monthly basis as work progresses. The not -to -exceed cost includes providing one (1) copy of the draft report and two (2) copies of the final report (one bound and one compact disc). Additional copies, including copies which the City may request, will be charged as outlined below. Reproduction (copy) charges: Black and White, 8 '/z x 1 I" per page $.08 Black and White, 11 x 17' per page $.25 Color, 8 % x I I" per page $1.00 Color, 11 x 17" per page $1.25 4. Project Management. The Project Manager for the Consultant under this Agreement is James G. LaRue, of LaRue Planning & Management Services, located at 1375 Jackson Street, Suite 206, Fort Myers, Florida 33901. The Project Manager for the City shall be Brian Whitehall, located at 55 Southeast 3rd Ave., Okeechobee, Florida 34974. 5. Ownership of Documents. All materials, reports, data and other documents developed by Consultant or otherwise generated pursuant to this Agreement shall remain the exclusive property of the City and Consultant shall surrender them to the City upon termination of this Agreement. 6. Nondiscrimination. The Consultant warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, sex, age, or national origin. 7. Independent Contractor. The City and the Consultant intend that an independent contractor relationship is created by this Agreement. Consultant shall not be considered an agent or employee of the City for any purpose, and the City shall not be liable to carry unemployment compensation insurance or worker's compensation insurance on the Consultant, or his employees. The City shall not withhold any taxes or social security from compensation paid to the Consultant. The City shall not use the Consultant exclusively, and the Consultant shall be free to contract with other persons for similar or other services while under contract with the City. Conflict of Interest. The Consultant represents to the City that it does not presently have any clients or other interests, and that it will not acquire any such clients or interests, which conflict in any manner, either directly or indirectly, with the performance of services required under this Agreement. The Consultant shall promptly notify the City in writing by certified mail of all potential conflicts of interest for any prospective business associations. 2 of 3 • 9. Attorney's Fees And Costs. In connection with any litigation, including appellate proceedings, arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 10. Termination. This Agreement may be terminated for any reason by the Consultant or by the City upon thirty (30) days prior written notice. Notice to be sent Certified Mail, Return Receipt Requested. 11. Indemnification. The Consultant hereby indemnifies and holds harmless the Department and the City, and their agents and employees, from any claim, loss, liability or demand arising out of or relating to any negligent act, omission or misconduct by the Consultant in the performance of services under this Agreement. This indemnification of the Department and the City by the Consultant shall not constitute a waiver of sovereign immunity by the Department or the City. IN WrrNESS WHEREOF, the parties have executed this Agreement as of the date above first written. Witness: City of Okeechobee, Florida By: Title: Date: Witness: LaRue Planning & Management Services, Inc. James G. LaRue, President Date: 3 of 3 EXN/8/T 13 JAN 3 AGENDA PARTICIPATING PARTY AGREEMENT BETWEEN THE CITY OF OKEECHOBEE AND OLD TYME CONSTRUCTION, INC. THIS CONTRACT AND AGREEMENT, by and between the City of Okeechobee, a Florida municipality organized under the laws of the State of Florida and located at 55 SE Third Avenue, Okeechobee, Florida 34974, hereinafter referred to as the "CITY", and Old Tyme Construction, Inc., Post Office Box 2782, Stuart, Florida 34995 who will be constructing a facility in the Okeechobee Commerce Center hereinafter referred to and called "OTC" do hereby enter into this agreement effective as of the day of 2005, to implement the requirements of the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, hereinafter referred to and called "CDBG", pursuant to an award to the CITY by the Florida Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, hereinafter referred to and called "DEPARTMENT", and hereby mutually agree as follows, to -wit: I. The application submitted for Federal Fiscal Year 2005 Economic Development program to the DEPARTMENT for CDBG funding and the Award Agreement between the CITY and the DEPARTMENT, CDBG Contract No. , is hereby incorporated by this reference. OTC agrees to perform the specific activities of the Application and the provisions of the Award Agreement to the extent that such provisions apply to OTC 2. OTC further agrees to each and every one of the following provisions, to -wit: (A) That OTC shall create and satisfactorily document the creation and/or retention of at least eighteen (18) full-time equivalent permanent net new jobs, of which ten (10) full-time equivalent permanent net new jobs are to be made available to members of low or moderate income families as specified in the modified Application. If more than eighteen (18) full-time equivalent permanent net new jobs are created and/or retained, fifty-one percent (51%) of those jobs shall be made available to members of low and moderate -income families. These jobs shall be created according to the fixed schedule noted in paragraph (M) that is attached to this Agreement, but in any case shall be created no later than the termination date of the CDBG Agreement, as it may be amended. Failure to create these jobs may constitute failure to perform. Documentation shall be provided on the Florida Small Cities CDBG Program Household Income Survey Form or its equivalent for each job created and/or retained. The documentation of the creation and/or retention of these jobs shall be retained by OTC for a period of five (5) years following the expiration of this Agreement; (B) That the failure of OTC to create or cause to be created and/or retained or to satisfactorily document the creation and/or retention of the eighteen (18) agreed upon number of jobs, of which ten (10) are to be made available to members of low or moderate income families OR to expend or satisfactorily document the expenditure of the One Million Five Hundred Thousand Dollars and 00/100 ($1,500,000.00) of leverage dollars agreed upon in the Application, shall be an act of default under the OTC Participating Parry Agreement. Acts of default shall be defined by the City and OTC. (C) That OTC shall satisfactorily document the creation of any additional created new jobs that were created as a result of the CDBG funded infrastructure improvements by submitting to the CITY a Florida Small Cities CDBG Household Income Survey Form for each newly created job. This requirement shall be in place for a period of twelve (12) months following the physical completion of the infrastructure or until a total of sixty-one (61) new jobs are created, by OTC or others, that utilize the infrastructure created as a result of this CDBG Project, whichever occurs first. (D) That OTC shall provide or cause to be provided such training to members of families of low and moderate income as may be necessary to equip them with the skills required for them to obtain and retain the jobs to be created and/or retained; (E) That OTC agrees to expend at a minimum, after October 11, 2005 (the date of site visit) One Million Five Hundred Thousand Dollars and 00/100 ($1,500,000.00) on building construction and purchase of equipment, of which One Million Five Hundred Thousand Dollars ($1,500,000.00) as noted on Form CDBG-E3(1)(A) and on Attachment A of the Award Agreement between the CITY and DEPARTMENT and as claimed for leverage points in the Application. OTC shall furnish documentation of its expenditures to the CITY in a form and content satisfactory to the DEPARTMENT that allows accurate ready comparison between expenditures and related activities as defined on Form CDBG-E-3(I)(A). This documentation, shall be provided to the CITY as expenditures occur; (F) That OTC shall construct or cause to be constructed one or more buildings, which shall accommodate at a minimum the facility described in the modified Application (the "OTC Facility." The "OTC Facility" shall remain titled in the name of OTC until such time as all job creation prescribed to in Attachment C — Program Conditions of the Award Agreement between the CITY and DEPARTMENT have been satisfied; (H) That, if requested by the CITY, OTC shall provide to the CITY or its agents such reasonable information concerning the project as the CITY may reasonably require as it relates to the conditions of the grant; (1) That OTC shall begin construction and furnish to the City evidence of OTC's commencement of construction on the "OTC Facility" within a time frame to be negotiated between OTC and the CITY, but no later than or within the time frame specified in the Participating Party Schedule. (I) That this Participating Party Agreement and any amendment thereto must be approved by the DEPARTMENT as to form and content. The right of approval granted to the DEPARTMENT with respect to changes in this Participating Parry Agreement between the CITY and OTC shall survive the term of this Agreement. The DEPARTMENT does not assume any liability or responsibility for the accuracy or enforceability of the this Participating Party Agreement through the exercise of this right of approval; (K) That this Participating Party Agreement shall not expire until the issuance of a letter by the Department to the CITY approving the Administrative Closeout. That any extension of the Award Agreement pursuant to Fla. Admin. Code Rule 913-43.014 shall act as an extension of this Participating Party Agreement. Failure of the CITY to notify OTC of such an extension shall not invalidate this provision; (L) That OTC shall hire at least one (1) TANF (Temporary Assistance to Needy Families) client after October 11, 2005 (the date of site visit) and prior to the CITY's submission of the administrative closeout of the grant as provided on Form CDBG-E-4(4); (M) That OTC shall develop a schedule which identifies the start date for construction of its facilities; the dates by which such construction will be 331/6, 66% and 100% complete, the date that hiring of employees will begin, and the date by which all employees will be hired and furnish this schedule to the CITY. This milestone schedule is to be developed by OTC and provided it to the CITY at the time that OTC executes this Agreement. The -same OTC milestones shall be made an attachment to the Participating Party Agreement, and shall be made a part of Attachment B ("Activity Work Plan") of this Agreement. Timely satisfaction of these milestones shall be used in determining whether the Recipient is "on schedule" under this Agreement, as that term is defined in Rule 9B-43.004(6). (N) That OTC shall submit a detailed quarterly report to the CITY that demonstrates its progress toward achieving the benchmarks set forth in this Participating Party Activity Work Plan. These reports shall be delivered to the CITY no later than the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 30, June 30, September 30 and December 31; and (0) The OTC shall work with the local Workforce Board, or advertise in the closest newspapers serving Okeechobee, to attract applicants from the Okeechobee workforce. (P) The OTC shall also notify the CITY in writing when it begins hiring for the required jobs and when it has completed hiring for the required jobs; 3. Under the Award Agreement between the CITY and the DEPARTMENT, the CITY may request amendments to the Award Agreement subject to the discretion of the DEPARTMENT. Further, the CITY is obligated to provide certain reports and data to the DEPARTMENT, and to constantly monitor performance under the CDBG grant, including the provisions herein. For such purposes, OTC shall cooperate with the CITY and its agents including providing access to its premises and operations, and providing any data, reports, inspections, or records as required by the CITY, and attending any meetings required by the CITY. 4. OTC shall allow reasonable access to its records and facilities by the DEPARTMENT or its agents and by any other state or federal agency or their agents asserting jurisdiction to access compliance with any condition of the CDBG program or the Award Agreement, including compliance with State and Federal law, to include Chapter 119 Fla. Stat. OTC shall promptly notify the CITY as soon as OTC is informed that any such agency intends to seek access, or otherwise is preparing to access or monitor for compliance. 5. For a period of five (5) years following the expiration of this Agreement, OTC shall retain all original records related to the implementation of the CDBG program and to its compliance with the CDBG application, the Award Agreement, and this Agreement. This period of record retention shall be automatically extended by the period of time that the DEPARTMENT extends the Award Agreement. 6. OTC acknowledges that under the Award Agreement, the DEPARTMENT may substitute itself for the CITY in enforcing any provision of this Agreement after thirty (30) days written notice to the CITY. 7. This Agreement is subject to the truth and accuracy of all of the information, representations and materials submitted by OTC in the modified Application, in any subsequent submission in response to the CITY's request for information or the request of the DEPARTMENT or an authorized agency, including any submissions made after the effective date of this Agreement. 8. This Agreement shall continue in full force and effect until OTC has created the total number of new jobs and the total number of new jobs available to members of low and moderate income families as provided in subparagraph 2(A) of this Agreement. 9. It is specifically understood and agreed that time is of the essence in the Agreement. 10. For purposes of this Agreement, any notices, records, reports, or papers required to be furnished by the parties shall be delivered via U.S. Mail or overnight courier to the following: 0 . If to CITY: CITY OF OKEECHOBEE Attn: City Administrator 55 SE Third Avenue Okeechobee, Florida 34974 With a copy to: City of Okeechobee Attn: City Attorney 55 SE Third Avenue Okeechobee, Florida 34974 If to OTC: OLD TYME CONSTRUCTION, INC. Attn: Robert Meyer Post Office Box 2782 Stuart, Florida 34995 Either Party may, by written notice to the other Party, change the name or address of the person to receive notices pursuant to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized representatives as of the day and year first above written. Witness: APPROVED AS TO LEGAL SUFFICIENCY: Legal Counsel for OTC ATTEST: (Corporate Sea]) CITY OF OKEECHOBEE a State of Florida municipal corporation James E. Kirk Mayor Lane Gamiotea City Clerk APPROVED AS TO LEGAL SUFFICIENCY John Cook, City Attorney December 13, 2005 - CEB Regular Meeting - Page 2 of 4 AGENDA REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL, OF ITEMS ON TODAY'S AGENDA. 05-089 Shannon Martin Request for reduction of fine 703 S Parrott Avenue 05-137 Jerry Kemp Chp 30 Sec 30-44 General 800 SW 2' Avenue Cleaning & Beautification (tabled from Nov. 8, 2005) CODE BOARD ACTION There were no request for the addition, deferral or withdrawal of items on today's agenda. Brooke Brown, Shannon Martin's sister, addressed the board stating at the time they received the notification for general cleaning and beautification it was never clarified for them exactly what needed to be done to bring the property into compliance, so they cleaned the property to the extent that they believed to be in compliance. She said in August Mr. Sterling had rechecked the property and told them it was in compliance except for the trash pile. Shannon Martin addressed the board stating it was not until October when she met again with Mr. Sterling that she learned the $25.00 per day fine was still continuing to accrue. Code Officer Sterling gave documented dates of re -inspections and the numerous phone calls made, but nothing was done to remove the trash pile until November 7, 2005 when he found them in compliance. Mr. Worley questioned Code Officer Sterling as to whether he had spoken to Brian Martin or Shannon Martin. It was determined that several times he had spoken to Brian Martin who's name is not listed on the property. Although Shannon Martin did receive four certified letters, after much discussion among the board it appeared there was some mis-communication. Mr. Worley stated that the only purpose of the Code Board was to make sure the property looked as if was kept up by enforcing the city ordinances. Member Gamiotea added it was not the intent of Code Board to try to make money. Member Gamiotea moved to recommend to City Council that the fine on Case #05-089 be reduced from $2,125.00 to $500.00; seconded by Member Castorina. Worley - Yes Gamiotea - Yes Irby - Yes Castorina - Yes Revels - No Hancock - No Motion Carried Code Officer Sterling stated Case # 05-137 was in compliance at this time. Member Gamiotea moved to remove Case #05-137 from the table; seconded by Member Irby. Worley - Yes Gamiotea - Yes Irby - Yes Castorina - Yes Revels - Yes Hancock - Yes Motion Carried • EXN161T 15 JAN 3 AGFNVA CITY OF OKEECHOBEE (863) 763-3372 AGENDA ITEM REQUEST FORM Please mail or bring completed form to: City of Okeechobee City Administrator's Office 55 SE 3ra Avenue Okeechobee, Florida 34974 TELEPHONE: 3, ~ 3— 3 FAX: MEETING: REGULAR 01-' SPECIAL 11 WORKSHOP (3 FAX (863) 763-1686 DATE: qor, 3 2 "') C, PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA: :-=-,rq-m ri e k )` 55uE 0-M 41e J)zrkS . PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH THUS FAR: PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL: PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: IF PRESENTATION IS TO BE MADE, PLEASE STATE HOW MUCH TIME YOU ARE REQUESTING: SIGNED BY: DATE: a--K-- 7 2` 0 0 �s ►__J • City of Okeechobee 55 Southeast 3' Avenue Okeechobee, Florida 34974 Phone: (863) 763-3372 Fax (863) 763-1686 Application for Site Plan Review Name of Project: V� Applicant:�\t�YrOp Owner: Description of project including all proposed uses: �� ► 12M MAN -0 - i 1 I WA t y EXHIBIT 16 JAN 3 AGENDA V l tick-( , ----- ----- iv - VIIV Additional impervious surface: square feet acres % of site Proposed total impervious surface square feet acres % of site Source of Potable Water: 4 Method of sewage disposals Current zoning: Current Future Land Use: Parcel identification number: -�)— N q '-'A— o n© • 0 Applicatior f— ci+a Dlnn DIMIA=IA1 Name of p Applicant: Add Phone: Fax: (U n r-QPU Other phone: Contact Person: Address: Phone:_Fax: Other phone: Property Owner: Address: �z-- Phone: Fax: Engineer: Address: Phone: Paae 2 )c-oz�-C o , L_--�>qq Surveyor: YSM Address: Phone:_%V Fax: F, 'J A6— — BOUNDARY TOPOGRAPHIC SURVEY PREPARED FOR I JOELLA BAIRD Q 13 30 SCALE IN FEET MAP SCALE: 1 INCH a 36 FEET SOUTHWEST CORNER MPP OF BL OCK 1, FOUND S/B" IRON E'U S1'N L Ron A• CAP 5674" o q 0 c-; SOUTH PARK STREET 2-,; — — - Z1 (ASPLLAL r ROAD) 70' R/W n CONCRETE I PLANTER PLANTER 6- CURB (TYPICAL) 'o yq. CONCRETE EDGE OF ASPHALT q �2 y ry SET NAIL k TTN TAB sir NAIL & ELEm noN 29.22' b' (NGW /929) LIGHT POLE LIGHT PO'E MRIGA7701V tiq' eRicr srDEwACK N 89 482J- E 99.99'(C) 100.00'(P) NL� 4823 E 70.00' .94 — CONCRETED BLOCK WALL BUILDING / h J BIDr. CORA R / 7arN 41 1 , C� 1 � Z CaVCRE SIDEWALK PLANTER (TYPICAL) BLDG. CORNER BLDG. CORNER 6. S' S A' a /' £. 6.0' S I TOTAL PARCEL CONTAINS y f0. J28 ACRES 1 STt:W BUKO/N; 10 WALL F.FE. 29.97 2 POW BLNLDING � cmmoUr 6@Da Ca M / A51°MIALT a � / k Zq Te Zr-AL 4 •.OH�f • ..:. .'- OHV �• v'' _ 6(' OH17 �. '- UHF .41ELL,hO4D� (OPEN) 10 11 SANITARY MANHOLE CLEANOVT rOVCRETF. g454p/ PLANTERI 30.39 I i>ti a ar es �k • 9.21 C v 0 b BLDG. CORNER, 36.3, S & TANK6 4r 12 .WATER VALVE�+�.'.. Lkj Zi 'K � o ?9.1.9 i J K c J o� yi — JS.O' ?9. /J — '� ..- Opp 11HW j— OHW LIM `o \SANITARY 0 MA". F � DESCR/P770N, I I1 t -t LOTS 1 & 2 OF BLOCK 167, CITY OF OKEECHOBEE, AS RECORDED 7NEREOF IN PLAT BOOK A PAGE 4 PUBLIC RECORDS OF OKEECfHOBEE COUNTY, FLORIDA. PROJECT SPECIRC NOXS/LEGEND. i 1) UNLESS SHOW 07HERfNS& ALL D/MEN5101NS ARE PLA T(P) AND MEASU/RED(N). 2) THIS 57/Rwy /S NOT /NIENDED 70 DEPICT JJRIMC77ONAL AREAS OR 07HER AREAS OF LOCAL NORIHWST cave? 174 3) F./.R.M. ZONE- ZONE UNDETERMINED, PARCIEL LIES WHIN THE OKEEQHOBEE CYTY LIM17S OU DD55A-ITRav 4) DATE OF LAST f7ELD SUR I/FY: 02127104. t WHA IS� ;6- 5) PARCEL /D.• :3-15-37-35-0010-01670-0010. 6) SrRC— SET 5/8- IRON ROD & CAP `TINS LB 67W 7) -wND— SET MAG NAIL & Dew 'TNPS LB 62W 8) U1:S— MEPHOIN£ PEDESTAL 9) HPP— It VD POWR POLE. 10) F.F.£.— RNMW fLOOR EL'£VA770N. STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted. No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are no visible above ground encroachments except as shown. No attempt was made to locate underground improvements and/or encroachments (if any) as part of this survey. This survey was prepared In accordance with minimurrl technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17-6, F.A.C.) pursuant to Section 472.027, Florida Statutes. PREPARED FOR THE EXCLUSIVE USE OF: DESCRIPTION DWG. DATE I BY I CK JOELLA BAIRD DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE BEARING REFERENCE: THE E. LINE OF S.W. 3RD AVE. IS TAKEN TO BEAR S00'03'59"W BOUNDARY SURVEY do TOPO FB/PG_ 02/61-68 FILE: 18,74 03/23/04 1 WC I KAEI SCALE: 1" = 30' JOB NO: 18174 LEGEND O—Set Iron Rod and Cap TWPS 6719 w—Found CM *—Found Iron Rbd (and Cap) *—Found Pipe (and Cap) ABBREVIATIONS It -Baseline; BM —Benchmark; (E-Centerline; C=Calculated; CAN —Cable TV; CM= Concrete Monument; CONC-Concrete; D=Deed; A=Della or Central Angle; E-Eost;, E'LY=Easterly. E/P=Edge of Pavement: ESMT=Easement: F.I.R.M.=Flood Insurance Rate Map; FND=Found; IP=Iron Pipe; IR&(C)=Iron Rod (and ID Cap); L=(Are) Length M=Measured; MH=Manhole; N=North; N'LY=Northerly. NGV(D)=Nollonal Geodetic Vertical (Datum) of 1929; NTS=Not to Scale; OHW=Overhead Wires; f'L=Propert) Line; P=Plat; PC=Point of Curvature; PCC=Point of Compound Curvature; PCP= Permanent Control Point; POB=Point of Beginning; POC=Point of Commencement. PRC=Point of Reverse Curvature; PRM=Permanent Reference Monument: PT=Poinl or Tangency PU&D=Public Ulllitly and Drainage; R-Rodius: R/W=Right—of—way S=South; SLY=Southerly, T=Tangent; TEL=Telephone Splice or Switch Box; W=west W'LY=Westerly, UTIL=UIIIRy(les); _%.4'=Spot Elevation based on indicated Datum DECEMBER 21, 2005 - TECHNICAL REVIEW COMMITTEE - PAGE 2 OF 9 is • III. New Business, continued. A. Lewis Office Complex, continued. B. Flagler Building. The application was submitted by Dane Baird on behalf of the property owner, Joella Baird. The property owner is proposing to construct a 900 square foot office building in a single phase. The subject property is located on Lots 1 and 2, Block 167, City of Okeechobee within the 100 Block of Southwest 3rd Avenue. Planning Staff Report Recommendation: Staff recommends approval of the site plan review. Chairperson Cook requested comments from each of the Committee Members. John Hayford, representative of the Okeechobee Utility Authority, explained that water and sewer was available. Mr. Hayford explained that the owners would need to install a cleanout for the gravity sewer at the right-of-way line. Brian Whitehall, City Administrator, explained that the sidewalk at the Southeast corner of the property will be required to be completed. The sidewalks, both north and south and east and west, go to the property line; however they will need to be connected. There were no comments from Herb Smith, Fire Chief; Donnie Robertson, Public Works Director; or Edgar Nazario, Building Official. Herb Smith motioned to approve the Lewis Office Complex Site Plan with the following stipulations: (1) Clean out on gravity sewer line be placed at the right-of-way line, (2) Sidewalks at the Southeast corner of the property must be connected; Donnie Robertson seconded the motion. VOTE NAZARIO - YEA ROBERTSON - YEA SMITH - YEA WHITEHALL - YEA MOTION CARRIED. Jennifer Morgan, representative from LaRue Planning and Management, City Planning Consultants, briefly described the Staff Report as follows: Planning Staff Report Discussion: This is a site plan review for an addition of approximately 900 square feet of office space to an existing 7,614 square foot building. The subject property is located DECEMBER 21, 2005 - Technical Review Committee - Page 3 of 9 IV. New Business, continued. B. Flagler Building, continued. III Planning Staff Report Discussion, continued: at the Southwest corner of South Park Street and SW 3rd Avenue. Planning Staff Report Recommendation: Staff offers the following comments: (1) Parking — It appears as though there is only on -street parking available along SW 3rd Street to accommodate the current building on site. The applicant has stated that the asphalt paved area behind the building is being used for employee parking and deliveries but is not striped in such a manner as to delineate parking spaces. Also, according to the City's Land Development Regulations (Section 90-485) reduction for parking space requirements, such reductions are limited to 80% of that otherwise required in the Code. Because of the proposed addition requiring 4 new spaces and with no current off-street parking on site, this application cannot be approved at this time. (2) The applicants have not provided landscaping or landscaped buffers for the site. Section 90-533(2) states that at least one tree and 3 shrubs shall be planted for every 3,000 square feet of non-residential lot. Staff has noted several trees in the area but there needs to be an alternate landscape plan presented if the provisions of Section 90-535 are not being met. For the above reasons, staff does not recommend approval of the site plan application. Chairperson Cook requested comments from each of the Committee Members. John Hayford, representative of the Okeechobee Utility Authority, explained that there have been issues in that location regarding blockages in the gravity sewer line. He stated that the Okeechobee Utility Authority has requested that a cleanout be installed in the sewer at the right-of-way line. He explained that there were issues with the grease trap discharge on the restaurant. Mr. Hayford questioned Mr. Baird whether the new unit would be on a separate meter. Dane Baird, representative of the applicant, responded that he believes that the plumbing issues have been resolved, but that he would check on that. He explained that the new unit would probably be on its own meter. Mr. Baird also explained that he felt there was not adequate space for landscaping. He also stated that the propane tank will be corrected and made acceptable to the City. Bob Gable, representative of the applicant, explained that there will not be any impervious surface space after the addition. He stated that the drainage will go where it had previously gone prior to the addition. DECEMBER 21, 2005 - TECHNICAL REVIEW COMMITTEE - PAGE 4 OF 9 IV. New Business, continued. B. Flagler Building, continued. Brian Whitehall, City Administrator, questioned where the storm water will o. H g e also questioned whether the grade of the roof would be the same as the existing roof and whether there would be guttering placed on the addition. Dane Baird, representative of the applicant, explained that the grade of the roof would be the same as the existing roof and there will be guttering on the new building. Mr. Baird also explained that there is adaquate parking in his opinion. He stated that there are 13 parking spaces on the street and that he does not see a problem with parking in front of the fire hydrant. Herb Smith, Fire Chief, explained that parking in front of the fire hydrant is a problem. Mr. Smith questioned Mr. Baird whether the roof line of the addition would overhang into the alleyway. Bob Gable, representative of the applicant, explained that the roof line will not overhang into the alley. Dane Baird, representative of the applicants explained that the separation between the existing building and the proposed addition exceeds the one hour fire wall requirement. Mr. Baird explained that the addition will be used to house a commercial real estate office. Donnie Robertson, Public Works Director, explained that drainage is a concern. Mr. Robertson explained that the alleyway is higher than the existing parking lot behind the building. He stated that provisions would have to be made to get the water out of the parking lot to the storm drains along the street. Mr. Robertson recommended a catch box next to the addition. Dane Baird, representative of the applicant, explained that he would take care of addressing the drainage concerns. Bob Gable, representative of the applicant, questioned whether the entire drainage for that property would have to be re -done. Donnie Robertson, Public Works Director, explained that some provisions would have to be made to try and correct the existing drainage problems and not make them worse by building an addition. OCTOBER 26, 2005 - TECHNICAL REVIEW COMMITTEE - PAGE 5 OF 9 IV. New Business, continued. B. Flagler Building, continued. Bob Gable, representative of the applicant, questioned whether an underground pop -off to the City Street would have to be Engineered. Donnie Robertson, Public Works Director, responded that it may not need to be Engineered; however, they would need to get together and review the proposal. Edgar Nazario, Building Official, questioned whether the addition would be made handicap accessible and whether a handicap parking space would be placed in front of the addition. Bob Gable, representative of the applicant, explained that there is a handicap ramp at the corner of Southwest Third Street and Southwest Park Street. Mr. Gable stated that the only handicap parking area would be at the rear entry of the building. He stated that they could construct a handicap ramp through the rear door. John Cook, City Attorney, explained that maximum coverage of a building within the Central Business District (CBD) Zoning District is eighty-five (85) percent and the maximum impervious surface is one hundred (100) percent. Mr. Cook explained that there won't be much room left with the eighty-five (85) percent of lot coverage by the building. He stated that the remaining fifteen (15) percent would be utilized for the air conditioner, rear entryway, etc. Mr. Cook explained that by using those calculations there may not be room for a parking space in the rear. Brian Whitehall, City Administrator, explained that there is a parking issue at this location. He stated that this project may need City Council action for a reduction of parking. Jennifer Morgan, representative of LaRue Planning and Management, explained that with the 1100 square feet addition and an eighty (80) percent reduction of parking approval by the City Council still requires the applicants to have one parking space. John Cook, City Attorney, recommended that the Technical Review Committee make a recommendation for an eighty (80) percent reduction of parking for the Flagler Building Addition. Bob Gable, representative of the applicant, explained that the proposed building plan allows for recessed entry around the fire hydrant to allow for access from the Fire Department. a n ECEMBER 21 2005 - TECHNICAL REVIEw COMMITTEE - PAGE 6 OF 9 V. New Business, continued. B. Flagler Building, continued. Herb Smith, Fire Chief, explained that the Fire Department normally requires a three (3) foot clearance around the hydrant for access; however, due to the circumstances of this project two (2) feet would be acceptable. Mr. Smith stated that the only other option would be to move the hydrant away from the building, only if there is another viable place to put it. Bob Gable, representative of the applicant, questioned whether a wall mounted hydrant would be • acceptable. Herb Smith, Fire Chief, explained that if the building was on fire, that hydrant would not be safe for the fire fighters to use if the hydrant was mounted on the building. Mr. Smith stated that it would be best not to have the hydrant that close to the building. He explained that the hydrant could remain where it is currently located as long as there was a two (2) foot clearance between the hydrant and the building. John Hayford, representative of the Okeechobee Utility Authority, explained that the two (2) foot clearance was acceptable to them as well. Brian Whitehall motioned to recommend to the City Council to approve an eighty (80) percent reduction of parking request for the Flagler Building Addition; seconded by Herb Smith. • VOTE NAZARIo - YEA ROBERTSON - YEA SMITH - YEA WHITEHALL - YEA MOTION CARRIED. Brian Whitehall motioned to approve the Flagler Building Addition Site Plan with the following conditions: (1) Storm sewer/Drainage concerns must be corrected - applicants must work with Donnie Robertson, Public Works Director, during the process; (2) Address concerns from the Okeechobee Utility Authority specifically related to a cleanout in the sewer line, grease trap discharge concerns, and the new meter installation for the proposed addition; IV. New Business, continued. B. Hagler Building, continued. DECEMBER 21, 2005 - TECHNICAL REVIEW COMMITTEE - PAGE 7 OF 9 Brian Whitehall motioned to approve the Hagler Building Addition Site Plan with the following conditions, continued. (3) Fire hydrant must have a two (2) foot clearance for Fire Department access; (4) No parking will be permitted in front of the fire hydrant; (5) Ten (10) foot propane tank setback must be met; (6) Engineered Site Plan to be submitted for Final Approval; (7) On -site parking must be shown on the Site Plan; (8) Amount of on -street parking must be provided; (9) Landscaping requirements must be met, or provide an alternate landscaping plan; and (10) Parking reduction request must be approved by the City Council; Donnie Robertson seconded the motion. VOTE NAZARIO - YEA ROBERTSON - YEA SMITH - YEA WHITEHALL - YEA MOTION CARRIED. C. G4 Office Park I. Bradley Goodbread submitted a reduction of parking request Jennifer Morgan, representative from LaRue Planning and Management, City Planning for property owner, Southern Construction Decelopment, Inc. The subject Consultants, briefly described the Staff Report as follows: property is location at 200 SW 3rd Street. Planning Staff Memo: Bradley Goodbread, representing Southern Construction and Development, Inc., is requesting a parking reduction for the G4 Office Park I building. Section 90-485(a) states: In commercial, central business, and public use zoning districts, city council may reduce the number of parking spaces if the technical review committee finds that there is a surplus of on -street parking in the immediate vicinity of the proposed use that is not required by other uses, or that the applicant has provided sufficient off-street parking by alternative means, such as but not limited to a parking garage, or adequate parking lots adjacent to the proposed use. The subject property is within the CHV Zoning District. The pre-existing building on the site is approximately 4,000 square feet and is located at the southeast corner of SW 2nd Street and SW 3rd Avenue. The applicant is proposing to use the structure as a photography studio. This use would be similar to FORM 813 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 Muldmi• Raei: e lawry City agundi MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 401 Southeast 8th Stu et: WHICH I SERVE IS A UNIT OF: CITY COUNTY ixCITY ❑ COUNTY ❑ OTHER LOCAL AGENCY Ckeechobee Ckaed10)Be NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED OF MY POSITION IS: 1 N 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 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, F%p Tawry em-p n , hereby disclose that on January 3 2006 (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 property within the sJodivisicri of a-E� B5tates. -um ; A. I, a and b, axJ. d , Jm ary 3, 2006 Date Filed Signature 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