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2006-01-17 Regular MeetingCITY OF OKEECHOBEE JANUARY 173 2006 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: January 17, 2006 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation by Pastor Jim Hudson, His House Fellowship Nazarene; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the January 3, 2006 Regular Meeting. PAGE 10F14 Mayor Kirk called the January 17, 2006 Regular City Council Meeting to order at 6:08 p.m. 447 In the absence of Pastor Hudson, the Invocation was offered by Reverend 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 (entered Chamber at 6:06 P.M.) Present Present Present Present Present Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the January 3, 2006 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. 448 JANUARY 17, 2006 - REGULAR MEETING - PAGE 2 OF 14 V. WARRANT REGISTER - City Administrator. A. Motion to approve the November 2005 Warrant Register: Council Member Watford moved to approve the November 2005 Warrant Register in the amounts: General Fund, two hundred ninety-seven thousand, one hundred ninety-four dollars and fifteen cents ($297,194.15); Law Enforcement General Fund ............................. $297,194.15 Special Fund, seven hundred sixty-eight dollars and seventy-two cents ($768.72); CDBG Block Grant Fund, five Law Enforcement Special Fund ............... $ 768.72 hundred dollars ($500.00); Public Facility Improvement Fund, seventy-three dollars and fifty-three cents ($73.53); CDBG Block Grant Fund .................... $ 500.00 seconded by Council Member Markham. There was no discussion on this item. Public Facility Improvement Fund .............. $ 73.53 11 KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. B. Motion to approve the December 2005 Warrant Register: Council Member Watford moved to approve the December 2005 Warrant Register in the amounts: General Fund, four hundred thirty-one thousand, six hundred forty dollars and forty-seven cents ($431,640.47); Capital Improvement General Fund ............................. $431,640.47 Projects Fund - Vehicles, eighteen thousand dollars ($18,000.00); Public Facility Improvement Fund, two thousand, Capitol Improvement Projects Fund - Vehicles .... $ 18,000.00 two hundred dollars and ninety-one cents ($2,200.9.1); Law Enforcement Special Fund, nine hundred twenty-four Public Facility Improvement Fund .............. $ 2,200.91 dollars and seventy-two cents ($924.72); CDBG Block Grant Fund, five hundred dollars ($500.00); seconded by Law Enforcement Special Fund ............... $ 924.72 Council Member Markham. CDBG Block Grant Fund .................... $ 500.00 Council Member Markham questioned Police Chief Davis as to the expenditure of the Law Enforcement Special Fund. Chief Davis replied that he did not know, but would research the matter. Mayor Kirk instructed Chief Davis to follow with this answer to the Council by the next meeting. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER -YEA WATFORD -YEA MOTION CARRIED. VI. 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. New Business Item F (Exhibit 10), Celebrate America was added. Chief Davis took a moment to introduce two new Police Officers, Mr. Jack Boon and Mr. Daniel Green to the Council. He also presented newly promoted Sergeant Victoria Williams and Lieutenant Donald Hagan. The Council welcomed the new members to the City family, and congratulated Sergeant Williams and Lieutenant Hagan on their promotions. 449 JANUARY 17, 2006 - REGULAR MEETING - PAGE 3 OF 14 VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:10 P.M. A. 1. a) Motion to read by title only proposed Ordinance No. 924, regarding Council Member Williams moved to read by title only, proposed Ordinance No. 924, regarding Comprehensive Plan Comprehensive Plan Future Land Use Map Amendment Application Future Land Use Map Amendment Application No. 05-013-SSA, submitted by Rick Surface to re -designate Lots 1 No. 05-013-SSA, submitted by Rick Surface to re -designate Lots 1 - through 4 of Block 31, Okeechobee, from Single Family to Multi -Family; seconded by Council Member Watford. 4 of Block 31, Okeechobee, from Single Family to Multi -Family - City Planning Consultant (Exhibit 1). VOTE b) Vote on motion to read by title only. KIRK - YEA MARKHAM - YEA WILLIAMS - YEA 11 CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 924 by title only. Attorney Cook read proposed Ordinance No. 924 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THECITYOFOKEECHOBEECOMPREHENSIVEPLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARL Y DESCRIBED HEREIN FROM SINGLE FAMIL Y (SF) TO MULTI-FAMIL Y (MF); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 924. (Land Planning Council Member Markham moved to adopt proposed Ordinance No. 924; seconded by Council Member Chandler. Agency recommends approval) 11 b) Public comments and discussion. This Ordinance amends the Future Land Use designation on Lots 1 through 4 of Block 31, Okeechobee, from SF to MF. The property is located at 305 to 307 Northeast 11`h Street. The application was submitted by property owner, Rick J. Surface. Since this is a small scale map amendment, notices to surrounding owners and a posted sign on the property is not necessary. The City Planning Consultant was not present to address the Council regarding this application. However, all backup documentation was presented in Exhibit One. The Planning Staff and Planning Board are recommending approval based on the following criteria: (A) The subject property is shown as SF on the Future Land Use Map. The existing duplex on Lots 3 and 4 are 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 SF to MF. The applicant's request will be compatible with adjacent uses. (D) The proposed amendment is in compliance with the specific standards of the Plan. JANUARY 17, 2006 - REGULAR MEETING - PAGE 4 OF 14 VII. PUBLIC HEARING CONTINUED. A. 2. b) Public comments and discussion continued. c) Vote on motion. There was a brief discussion regarding the accessibility and driveway to the property. The Council wanted to be sure that this matter is reviewed closely by the Technical Review Committee during site plan review. Mayor Kirk asked whether there were any questions or comments from the public. There were none. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. B.1. a) Motion to read by title only proposed Ordinance No. 925, regarding Council Member Williams moved to read by title only, proposed Ordinance No. 925, regarding Comprehensive Plan Future Land Use Map Amendment Application No. 05-014-SSA, Future Land Use Map Amendment Application No. 05-014-SSA, submitted by Stepping Stones Day Care Center to submitted by Stepping Stones Day Care Center to re -designate re -designate Lots 7 through 12 of Block 181, Okeechobee, from Single Family to Multi -Family; seconded by Council Lots 7 -12 of Block 181, Okeechobee, from Single Family to Multi- Member Watford. Family - 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. 925 by title only. Attorney Cook read proposed Ordinance No. 925 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THECITYOFOKEECHOBEE COMPREHENSIVE PLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO MULTI -FAMILY (MF); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 925. (Land Planning III Council Member Markham moved to adopt proposed Ordinance No. 925; seconded by Council Member Chandler Agency recommends approval) B. 2. b) Public comments and discussion. This Ordinance amends the Future Land Use designation on Lots 7 through 12 of Block 181, Okeechobee, from SF to MF. The property is located at 400 to 412 Southwest 4ch Street. The application was submitted by the property owners, Stepping Stones Academy I, Inc., owners, Wayne and Linda Evans. Since this is a small scale map amendment, notices to surrounding owners and a posted sign on the property is not necessary. JANUARY 17, 2006 - REGULAR MEETING - PAGE 5 OF 14 VII. PUBLIC HEARING CONTINUED. B. 2. b) Public comments and discussion continued. The City Planning Consultant was not present to address the Council regarding this application. Exhibit Two contained all necessary documentation regarding the application. The Planning Staff and Planning Board are recommending approval based on the following criteria: (A) The Comprehensive Plan has designated the property as Single Family. However, because the entire site includes six 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. Providing 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. Mayor Kirk asked whether there were any questions or comments from the public. There were none. There was a brief discussion regarding Lots 11 and 12 which are already designated for MF. Council Member Watford moved to amend Ordinance No. 925 to remove Lots 11 and 12 from the legal description of Section 3• seconded by Council Member Williams. VOTE ON MOTION TO AMEND KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION TO AMEND CARRIED. c) Vote on motion. VOTE ON MOTION AS AMENDED KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION AS AMENDED CARRIED. C.1. a) Motion to read by title only proposed Ordinance No. 926, regarding Council Member Watford moved to read b title only, Rezoning Application No. 05-015-R, submitted b Leland D als to Y Y� Proposed Ordinance No. 926, regarding Rezoning Application Y Y No. 05-015-R, submitted by Leland Dyals to rezone Lots 1 and 2 of Block 182, Okeechobee, from Residential Multiple rezone Lots 1 - 2 of Block 182, Okeechobee, from Residential Family to Heavy Commercial; seconded by Council Member Williams. Multiple Family to Heavy Commercial - City Planning Consultant (Exhibit 3). 451 452 JANUARY 17, 2006 - REGULAR MEETING - PAGE 6 OF 14 VII. PUBLIC HEARING CONTINUED. C.1. 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. 926 by title only. 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." 2. a) Motion to adopt proposed Ordinance No. 926. (Land Planning III Council Member Markham moved to adopt proposed Ordinance No. 926; seconded by Council Member Williams. Agency recommends approval) b) Public comments and discussion. This Ordinance amends the Zoning designation from RMF to CHV for property located at 304 Southwest 3' Avenue. Legal description being: Lots 1 and 2 of Block 182, Okeechobee. The application was submitted by property owner Leland Dyals. There were twenty-two notices sent to the surrounding property owners with no response to date. The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. City Planning Consultant LaRue was not present to address the Council regarding this application. Exhibit Three contained all necessary materials and information. 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) Whether 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. Council Member Watford questioned why the property was not being recommended for CPO instead of CHV. After a brief discussion, he agreed the CHV would be compatible with the surrounding area. 453 JANUARY 17, 2006 - REGULAR MEETING - PAGE 7 OF 14 VII. PUBLIC HEARING CONTINUED. C. 2. b) Public comments and discussion continued. Mayor Kirk asked whether there were any questions or comments from the public. There were none. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. D.1. a) Motion to read by title only proposed Ordinance No. 927, regarding Council Member Chandler moved to read by title only, proposed Ordinance No. 927, regarding Rezoning Application Rezoning Application No. 05-016-R, submitted by Daniel B. Creech No. 05-016-R, submitted by Daniel B. Creech to rezone Lots 9 through 11 of Block E, Wrights Third Addition, from to rezone Lots 9 -11 of Block E, Wrights Third Addition, from Industrial to Residential Single Family -One; seconded by Council Member Williams. Industrial to Residential Single Family-1 - 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. 927 by title only. 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 (►ND) ZONING DISTRICT TO RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 927. (Land Planning III Council Member Markham moved to adopt proposed Ordinance No. 927; seconded by Council Member Williams. Agency recommends approval) b) Public comments and discussion. This Ordinance amends the Zoning designation from IND to RSF-1 for property located at 302 Southeast 1 CP Avenue. Legal description being: Lots 9 through 11 of Block E of Wright's Third Addition to Okeechobee. The application was submitted by property owner Daniel B. Creech. There were twenty-seven notices 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 454 JANUARY 17, 2006 - REGULAR MEETING - PAGE 8 OF 14 VII. PUBLIC HEARING CONTINUED. D. 2. b) Public comments and discussion. c) Vote on motion. City Planning Consultant LaRue not present to address the Council regarding this application. However, all necessary documentation was available in Exhibit Four. The Planning Staff and Planning Board are recommending approval based on the following criteria: (A) The SF 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. There was a brief discussion concerning Lot 12 remaining Industrial. However, as it was noted at the first reading. The Future Land Use designation is Single Family therefore no development will occur on Lot 12 until both maps are consistent. Mayor Kirk asked whether there were any questions or comments from the public. There were none. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. E.1. a) Motion to read by title only proposed Ordinance No. 928 providing Council Member Watford moved to read by title only, proposed Ordinance No. 928, providing for the extension of a for the extension of a Right of Reversionary Clause as provided in 11 Right of Reversionary Clause as provided in Ordinance No. 842, Buxton Alley Closing; seconded by Council Member Ordinance No. 842, Buxton Alley Closing - City Attorney (Exhibit 5). Williams. b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. 455 JANUARY 17, 2006 - REGULAR MEETING - PAGE 9 OF 14 VII. PUBLIC HEARING CONTINUED. E.1. 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; PROVID►NGFORSEVERABILITY; PROV1DINGFORANEFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 928. 111 Council Member Markham moved to adopt proposed Ordinance No. 928; seconded by Council Member Chandler. b) Public comments and discussion. This Ordinance No. 928 extends the reversionary clause as provided in Ordinance No. 842 for Alley Closing No. 70, III submitted by Mr. Paul Buxton. There was a delay in obtaining a Certificate of Occupancy due to the 2004 and 2005 Hurricane seasons. Mayor Kirk asked whether there were any questions or comments from the public. There were none. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor. ill MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:37 P.M. Vlll. NEW BUSINESS. A. Motion to adopt Resolution No. 06-01 in support of the Florida Council Member Watford moved to adopt proposed Resolution No. 06-01 in support of the Florida League of Cities' League of Cities' request for prioritized Legislative Issues - City request for prioritized Legislative Issues; seconded by Council Member Williams. Attorney (Exhibit 6). Attorney Cook read proposed Resolution No. 06-01 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, URGING MEMBERS OFTHE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2006 LEGISLATIVE SESSION." Council Member Watford informed the Council that this request comes before the Council annually and the issues being presented this year are of a less controversial concern. The issues listed on the Resolution are the following: • Preserves municipal autonomy and protects the fundamental right of voluntary self-government. 456 JANUARY 17, 2006 - REGULAR MEETING - PAGE 10 OF 14 Vill. NEW BUSINESS CONTINUED. A. Motion to adopt Resolution No. 06-01 in support of the Florida • Provides municipalities alternative funding options for the purpose of responding to impacts of declared disasters. League of Cities' request for prioritized Legislative Issues continued. • Preserves municipal tools for community redevelopment and urban revitalization. • Provides a dedicated and recurring revenue source for municipal transportation projects. • Preserves dedicated funding for local affordable housing programs. • Provides for an equitable distribution of fines and fees from criminal violations such as driving under the influence of alcohol or other chemical substances. • Provides a comprehensive and uniform workers' compensation system. KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. B. Consider Alley Closing Application No. 78, submitted by Sonny Mr. Frank Williamson, on behalf of Williamson Cattle Company, owner of Lots 1 through 12, inclusive of Block 93, Williamson, closing the East to West alleyway in Block 93, Town of Okeechobee, is requesting to close the East to West alleyway to expand the Plaza 300 Complex. The utility Okeechobee - City Clerk (Exhibit 7). companies have signed off on the application without any objections or requests for easements. City Staff Public Works Director Robertson, Police Chief Davis and Fire Chief Smith have signed off on the application with no objections. City Engineer Bermudez is not recommending approval due to the proximity of a City drainage ditch, until future development of the area is presented. Administrator Whitehall is in agreement with City Engineer Bermudez. Mr. Jeff Sumner, Engineer, on behalf of the applicant was present and addressed the Council informing them that all drainage issues are being taken into consideration and will be implemented to current code standards. Council Member Watford moved to instruct Attorney Cook to prepare the appropriate ordinance, closing the alley as requested in Alley Closing Application No. 78; seconded by Council Member Williams. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. VIII. NEW BUSINESS CONTINUED. C. Motion to approve an amended Participating Party Agreement between the City and Olde Tyme Construction pertaining to the CDBG grant requirements - City Administrator (Exhibit 8). D. Motion to approve proposed Waste Management Agreement with the City - Jeff Sabin (Exhibit 9). JANUARY 17, 2006 - REGULAR MEETING - PAGE 11 OF 14457 Council Member Chandler moved to approve an amended Participating Party Agreement between the City and Olde Tyme Construction pertaining to the CDBG grant requirements; seconded by Council Member Watford. Mr. Robert Meyers, on behalf of Old Tyme Construction, was present and asked the Council to approve the amended Agreement in which a name change has occurred from Old Tyme Construction to Okeechobee Commerce and Land Development, LLC, listed in paragraph F. Administrator Whitehall informed the Council that he had conversed with Nancy Phillips, City Grant Consultant, and the name change would not delay the process of the grant. Mr. Meyers invited the Council on a tour of the Entegra, roof tile facility. He also informed the Council that Entegra is proposing to be the second largest roof the producer in the State of Florida with the latest in the state of the art equipment from Italy which will allow them to produce a sufficient quantity of roof tiles. Entegra is also anticipating exceeding the number of jobs to be created than what was originally planned. Mr. Meyers distributed pictures to the Council of the Commerce Centersite to show the progress of the Entegra facility. The Council questioned the progress of Mr. Meyer's facility and meeting the job requirements. Mr. Meyers responded that he was reinvesting the money to have a larger facility at his site than first anticipated and will be meeting the job requirements. He added that there were at least two new employees from Okeechobee at his site. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Council Member Watford moved to approve proposed Waste Management Agreement with the City; seconded by Council Member Williams. Mr. Jeff Sabin, Government Affairs Manager of Waste Management, was present to address the Council regarding a proposed Second Amendment to the Franchise Agreement. He explained that he has spent numerous hours with Administrator Whitehall in negotiations. The proposed amendment was distributed to the Council just prior to the meeting. The existing franchise expired September 30, 2005. Highlights discussed with Mr. Sabin were: Term of Franchise, will be in effect until September 30, 2009 and may be renewed for four consecutive years. JANUARY 17, 2006 - REGULAR MEETING - PAGE 12 OF 14 VIII. NEW BUSINESS CONTINUED. D. Motion to approve proposed Waste Management Agreement with the City continued. Residential Bulk Pickup, residents are allotted up to 15 cubic yards of bulk items to be collected, any excess will be collected with a fee of $11.00 per cubic yard. This item was discussed at length. In the past the understanding has been that Waste Management will pick up whatever is appropriately put by the curb. Mr. Sabin responded that the current level of service will continue. The idea is to educate citizens to try to keep garbage at 15 cubic yards or under. A citizen can divide the amount of trash over a period of weeks to keep the complete amount not to exceed the maximum 15 cubic yards. The bulk items are in addition to the regular 96-gallon carts/trash cans. Cart Program, one cart is issued to each resident for pickup, an additional cart may be requested by resident for a fee of $10.00 monthly, paid in advance. The initial language proposed that it be mandatory to use the carts, however, that language has been deleted. Annual Review, this is a new item, rates will be adjusted on the anniversary date of agreement with a cap of 7.5 percent. Force Majeure, this agreement may be suspended providing there is any act of God, explosions, sabotage, acts of public enemy, extortion, war, blockade or insurrection, riot or civil disturbance. A proposed rate increase is from $11.43 monthly to $15.95 monthly. The commercial rates are not being changed, with the exception of implementing a diesel fuel rate. The rate would be adjusted on a quarterly basis for diesel. This fee will be determined based on a table provided by Energy Information Administration (EIA) and Department of Energy (DOE). The residential rate increase is proposed to be effective January 1, 2006. However, the City now bills residential garbage collection rates via the tax roll as a non -ad valorem assessment. Following a lengthy discussion, various corrections were noted. The agreement should state diesel fuel surcharges are for commercial only, and the deadline for the term should be in May instead of September due to when the non -ad valorem assessments that must be adopted and forwarded to the County Tax Collector. Council Member Markham stated his concerns over making the rate effective during the year when the rates have already been adopted. Waste Management was supposed to present any rate increases at the time they are adopted by resolution. Mr. Sabin advised that while he sent the appropriate notice to the City of their intentions to increase the rates, he did not follow up until recently. Council Member Markham responded that the tax bills have already gone out. Mr. Sabin advised there are methods to collect the difference in the new rates. One is to take the difference between the rates and spread them over a three-year period to the tax payers. Council Member Markham was not in favor of this and remarked that it was Waste Managements problem, not the City's nor the tax payers that they did not get in here with their rate increase at the appropriate time. The rates were presented as an attachment schedule to the agreement. However, they will have to be adopted by resolution. 459 JANUARY 17, 2006 - REGULAR MEETING - PAGE 13 OF 14 Vill. NEW BUSINESS CONTINUED. D. Motion to approve proposed Waste Management Agreement with the City continued. E. Consider requiring underground electrical service drops - Dowling Watford, ITEM ADDED TO AGENDA: F. Celebrate America - Thomas Flett Vietnam Veterans of Florida (Exhibit 10). Council Member Watford suggested the matter be tabled to give staff time to prepare the appropriate Rate Resolution and make necessary corrections to the agreement. Council Member Watford moved to table the proposed Franchise Amendment and Rate Schedule with Waste Management and the City until the next regularly scheduled meeting; seconded by Council Member Markham. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Council Member Watford addressed the Council on the topic of mandatory underground electrical service drops: While attending the Treasure Coast Council of Local Governments meetings he discovered that at least two of the cities within the group have adopted mandatory underground utility requirements. In light of the last two hurricane seasons, this seemed to be a good idea for our city to at least consider the matter. The City of Fort Pierce, for example, is requiring underground utilities on all new construction and electrical service drops to existing homes when renovations are being done. The consensus of the Council was to have a copy of the requirements from other cities forwarded to the Land Planning Agency for review and see what their recommendations would be for the City Council. Administrator Whitehall will follow up with the City of Fort Pierce regarding their procedures and expenses. Mayor Kirk distributed copies of a flyer advertising an event entitled, A Tri-County Tribute to America - Country Style. This event is to be held on January 28, 2006, doors open at 5:30 p.m. at the St. Lucie County Fairgrounds and is sponsored by the Vietnam Veterans of South Florida. The tribute is to honor fallen soldiers in Afghanistan and Iraq. Reserved VIP passes are available. However, anyone interested in attending needs to let the Mayor know tonight so that he may advise Mr. Thomas Flett. There was no official action taken on this matter. TOP JANUARY 17, 2006 - REGULAR MEETING - PAGE 14 OF 14 IX. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the CI i ATTEST: s Jam E. Kirk, Mayor Lane Gamiotea, MC, City Clerk THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 8:18 P.M. The next regularly scheduled meeting is February 7, 2006. AFFIDAVIT OF MBLISHER OKEECHOBERIMES 9 106 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 55 SE Third Avenue Okeechobee, FL 34974-2932 In the Court, was published in said newspaper in the issues of 01/12/2006 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Jambs A. Hughes, Jr., (Publish4) Sworn to and subscribed before me this Iday of A.D. 2006 (SEAL) Notary Public City Council of City of Okeechobee willmeet in Regular Session:bn Tuesday, January 17,. 2006,, 6;00 p.m., City, Hall; 55 SE 3nf`Ave.; Rm. 200; Okeechobee, Florida., .The public is `:. inirited mid encouraged to attend,:For a copy of, the agenda contact City Athnimstmtion at (863) 763-3372 x 212. - '.PLEASE TAKE NOTICE-ANDBE ADVISED that if;,aay; person desires to ap- peal any decision -made hydra City Council with respect to any mutter considered at this meeting, such interested person will need a record of the proceedings, and for such pur- pose my heed' to ensure a verbatim record. of the proceedings is made,'which record in - eludes the testimony and evidence upon which the appeal is to be based Tap6,'4e used for the 'sole purpose of back-up for the Clerk's., Ofh`'rei - In accoi lance with the -Americans; with Disabilities.Act (ADA) and Florida Statute 296.26, persons with; disabilities needing'*-, cial accmmnodation to participate inthis, pro- ceeding -should contact Lane Gamiotea,.no later than two (2)'!woiking-days prior to the proceeding at, 863-763'337Z x 214; if you are bearing, or voi impaired; call IDD )-800- s 222-3448. (vorci ',or 1 gli 447-t5620 (TrY). by: James E Si'rir,IlMyor Lane Gai*iea, CMC, City Clerk ]p,M x oln2/2Q06 - . OI�ECHOBHE TIMES Rosealee A. Brennan `f = Commission #DD318483 .. Q Expires: Jun 25, 2008 ` OF FIOBonded Thru Atlantic Bonding Co., Inc. Page -1- Tape 1 side_A CITY OF OKEECHOBEE - January 17, 2006 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Kirk, January 17 2006 City Council Regular Meeting 6:00 p.m. tx- II. OPENING CEREMONIES: Invocation given by Pastor Ji son wship Nazarene 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 McGsa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson IV. MINUTES - City Clerk. A. Council Member LC moved to dispense with the reading and approve the Summary of Council Action for the January 3, 2006 Regular Meeting; seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS L- MOTION: DENIE CARRIED. V. WARRANT REGISTERS - City Administrator. A. Council Member I)C LD moved to approve the November 2005 Warrant Register in the amounts: General Fund, two hundred ninety-seven thousand, one hundred ninety-four dollars and fifteen cents ($297,194.15); Special Law Enforcement, seven hundred sixty-eight dollars and seventy- two cents ($768.72); CDBG Fund, five hundred dollars ($500.00); Public Facility Improvement Fund, seven# -three dollars and fifty-three cents ($73.53); seconded by Council Member -� -✓- 1_ i-1 o C�2 %� C- VOTE YEA NAY ABSTAIN ABSENT KIRK v CHANDLER MARKHAM �- WATFORD L. WILLIAMS MOTION: DENT ^ARRIED. - - ----- -- -Pam - - B:-- - --Council-Member ---- -- ----movedlo-aWrwe-thsDecember-=Warrant e ig sle-rin----- the amounts: General Fund, four undred thigV-one thoAsand, six hundred forty dollars and f�- c � seven cents ($431,640.47); Capitaroject ehiclessf teen thousand dollars ($18,000.00); Public _ _--Facility,_two thousand.twohundred11 rsand...-ninety _cents-f$�2.200.91�-Specia.L-Law- v� t w� Enforcement, nine hundred twenty-four dollars and se v y-two cents ($924.72); CDBG, five hundred ( ✓ by-�eensiMAember---- - - --- ---------- -- - -YEA-- ---- - - VBTE - - JW ABSENT- KIRK�-- MARKHAM Y WATFORD WILLIAMS MOTION: DENIE CARRIED. VI. AGENDA -Mayor. __-_A.--__ Requests fur the additiorf, deferral-orwIM rawalof I ems on-fod-ayys agenda. - -- - ----- -__ --- �� l tY; 2 0 �� `�ts�-� , �G� tc ��con , t� � t�.�. • I�R om r � �� (:Z«� VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE AOPIIOHAT tD ' �D p A. 1. a) Council Member - moved to read by title only proposed Ordinance No. 924, __ _----- regarclingCo ►Prehensive Paanterg-L nd iJse-Map Amendment -Application -Plot-95-013-SS4,- __ ----- __ _ submitted by Rick Surface to re -designate Lots 14of Block 31, Okeechobee, from Single Family to -- - - - Multi-F;4rnilv= rAtPlsnn.,,,,4., rP, -t - - --Vote on mot`ionio read by title only VOTE YEA NAY ABSTAIN ABSENT KIRK ----- r-- -------CHANDLER MARKHAM -- ---- ---- ----- - _ - - ------WATFORD- -------- -- - WILLIAMS ---- __ c orney oo rea proposed-0rdinance--W. -9-,1-4--6y title only as follows. "AN ORDINANCE OF THE _ CITY OF OKEECHOBEE FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENS�LV -- PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON -_- _ ACERTAIN-TRACI.OF_LAND __MORE _PARTlrlll ARl Y DESCRIBED -HERE -lb" ROM SINGLE---- FAMILY FAMILY (SF) TO MULTI -FAMILY (MF); PROVIDING FOR INCLUSION OF ORDINANCE AND - --- -- R€V1SM FUTURE -LAND -USE -A - — --- EFFECTIVE DATE." 2. a) Council Member �� ✓ moved to adopt proposed Ordinance No. 924; seconded by ouncil Tufember ✓ . b) Public comments and discussion.This Ordinance amends the Future Land Use designation on Lots 1 and of Block 31, Okeechobee, from SF — -_- to W- lTi-e ro---e is loc edat-305--fo-M7�rtheastTfth- t-reet the -a- >ication was submitted b property P P ttY� PP -- Y P P y owner, Rick J. Surface. _-_ _-_------T_he-Plannin StafiandP_lanning Board are reCOmmending-aWovafl)asedon-the-followingcritgr-- Staff Report Comprehensive Plan Analysis: (A) The subject property is shown as Single Family on the i�an>;arrformirrg-t�s�-The- _ - ---- -- applicant would like to continue the use and build another duplex on lots 1 and 2. By allowing this request, oposed-an"xistl-nTu-sewoul-die consisteni-witt-i thO- ompre- nsive-Dian audits app IcabTe policies. (B) Concurrency issues will be addressed at the site plan review phase for lots 1 and 2. Lots 3 and 4 are Page 3- currently being served by City facilities. (C) The area has been in transition from Single Family to Mufti 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. ,IDo'k-qC c CCU r FLU r ;. C C CC C ;2� CZ (a C�7c z r U 1 C C"C Cc�C,,ke bjd c) Vote on motion. ✓ VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER v MARKHAM c� WATFORD L. WILLIAMS MOTION: DENI ARRIED. -------Page =4= - ---- • � moved to read -by -title only- -- regarding Comprehensi a Plan Future Land Use Map Amendment Application No. 05-014-SSA, submitted b—y Stepping Stones Day Care Center to re -designate Lots 7-12 of Block 181, Okeechobee, from Single Familyto Allulti-Famiiv__-City _PI - Member � UU -Consultant (Exhibit 2 -seconded byC_CouwiL________ _ b) Vote on motion to read by title only. - ---- - - -------�19Tf -- -YEA -NA -- --- - - - ---- - - -- - - - - - - KIRK v --- - - - MARKHAM- - ------ WATFORD 1-----------WILLIAMS - L - ------ - ------ - ------------ ----------- - MOTION: DENIE ARRIE . c) Attorney Cook read proposed Ordinance No. 925 by title only as follows: "AN ORDINANCE OF ---------- - -- ----I'HE--- Bf OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, - BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARMULARLY DESCRIBED HEREIN FgOMSINGLE FAMILY F)-TO_ MULTI -FAMILY (MF); PROVIDING FOR INCLUSION OF ORDINANCE AND - -------------- -REVSED--FUTUREI ---� Nn -tISE -MAP--M-- THE— COMPREHENSIVE -_PLAN- --- PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member moved to adopt proposed Ordinance No. 925; seconded by b) Public comments and discussion. / I This Ordinance amends the Future Land Use designation on Lots 7 through 12 of Block 181, Okeechobee, -#ern SF to MF �hepreperty is leeated a# 400 to 41t�i vT Sttt. T+�e�ppfieation vnass�abntittettir Stepping Stones Academy I, Inc., property owners, Wayne and Linda Evans. The Planning Staff and Planning Board are recommending approval based on the following criteria: Plannin an' Keport COMprellensive Plan Analysis: A) The Comprehensive Plan has designated the property as __Single Family However because the entire site-incLudes 6 lots (two of which areglready de signatedA4uW__ Family Future Land Use), the size of the lots and the compatibility of the use make the proposed land use --- a+endmentpprspria#ed censsis#en# -wf#appiicable pel4e�es flt£srnprel�rrs+ve Plait-8�t .. - developed and has public utilities. If additional improvements are to be made on the property, the concurrency ----__--_ _issues -will tre-addresse dgthe -s►te-plan-revfew-pt7asz:-(CrTM-c�arTg�from ing-te-Famiyy p*---- 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 i_s_in mplianca-w-ith_t-he specific�tansiards_ofthe Comprehensive-Plan.--_The.=--ent_use-d_ adjacent properties allows for a simple transition of the subject property. c M 0 f i cv 4 o QsVvt u et ----- - -___-� ------------------------------- VOTE YEA NAY ABSTAIN ABSENT CHANDLER v WATFORD ____- MOTION_ DENIE �CARRIE6)--- Page -5- C.1. a) Council Member �(� moved to read by title only 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 Multiple Fa it to Heavy Commercial -City Planning Consultant (Exhibit_3); seconded by Council Member b) Vote on motion to read by title only: VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: DENIED/ ARRIED c) 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." 2. a) Council Member moved to adopt proposed Ordinance No. 926; seconded by Council Member b) Public comments and discussion. This Ordinance amends the Zoning designation from RMF to CHV for property located at 304 Southwest 3"' Avenue. The application was submitted by property owner Leland Dyals. The Planning Staff and Planning Board are recommending approvalbased on the following criteria: 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 use$ 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 i$ 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. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK ✓ CHANDLER MARKHAM Ll WATFORD L. WILLIAMS MOTION: DENT D/ ARRIED. • � ✓ osed Qrd�r �ce�to. 927,------- ------- -fj: #.�}-CourrciM�fember--___t��__—__--moveoto-react�ytitte-ontyprop regarding Rezoning Application No. 05-016-R, submitted by Daniel B. Creech to rezone Lots 9-11_- - - - --of Block E, WrTghts�fhird Addition, from Industrial to Residential Single Family-1 - City Planning Consultant (Exhibit 4); seconded by_Councll-Member — --- - b) _------Vote on -motion -to -re -- - -- -- -- - - -- ---- - ---- -- - -- ----- --- - --- - ------ VOTE YEA NAY ABSTAIN ABSENT ---KIRK- -- - ----- CHANDLER WATFORD �LLIAMS � MOTION: DEN _ /CARRIE , ----- ---- --- -- --- ---- r}-: ____--Attorney Ceok-read--proposed-Ordinanee-No:-9�7 �y�+Ne�nly-,as #ellews: -"AN �R�P!-A�NC�-- --- ------- OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL --- - --- --- ---- EE-eY- CT`p_F- - - --- — LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM INDUSTRIAL_ ---- - --- - ---- - - (UM—LO ING DISTRICT TO RESIDENTIAL -SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council Member moved to adopt proposed Ordinance No. 927; seconded by -- - - - Cowcit-Member-- _. _ ---"- bj --_ P0bTic commenTs anddiscussion.--- _ This Ordinance amends the Zoning designation from IND to RSF-1 for property located at 302 Southeast ---- _-- __---_ i_0`_hAvenue.-_The_appficationvuas submitted-bypco;lent}�awnex�anigl B,-CreeeohT ----------- _-_ _ - ----_----T-he Rlanr�ing�taf�ar�Plat�ing Board-are-reeorndtr�g-approvat based-orrthe fotfovvirtg-criteria: -- ------ __ _ ..._-- Planning Staff Report Analysis: (A) The Single Family land use category allows single family uses at a - - -der" -of 4-duiac.-Th-e exisiirfg use is not con rary fo th —Comprehensive Plan requirements-W-�dction V 90-102(1) allows a single family dwelli%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-ancLcompatiblawith_the_ surrounding uses.-(E)--The-pa'oposedzoning-ant--use-wU-aotadversel -.._ _----- -- affect property values. (F) The existing use will not be required to be buffered from surrounding uses. (G) The-uses-pre-exisftand has net-omtu ede c facWtie�tior-rs-it-expectec[to in the futtfe.- {#) No traffic, flooding, or drainage problems are expected as a result of granting this request. (1) The __applicanthas-notbeen burdenntThytin-ne�cessary�r s ric-t`ions:-j"J)--By gran mg his reques--tWity-wi nofi___�___ confer on the applicant any special privileges. `l _ Page -7- E.1. ay Council Member lL� moved to read by title only 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 5); seconded by Council Member b) Vote on motion to read by title only. VOTE - YEA NAY ABSTAIN ABSENT KIRK ✓ CHANDLER MARKHAM (/ WATFORD L% WILLIAMS t— MOTION: DENt/ C) Attorney Cook read proposed Ordinance No. 928 by title only as follows: "AN ORDINANCE OF TH-E CITY- OF OKEECHOBEE FLORIDA AMENDING ORDINANC-E NO. 842; PROVIDING FOR EXTENSION OF RIGHT OF REVERSION; PROVIDING FOR CONFLICTS; PROVIDING FOR S;EVERABILITY; IPROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member 22� /p moved to adopt proposed Ordinance_ No. 928; seconded by Council Member /) 0 b) Public comments and discussion.No&j, r Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER i J MARKHAM / WATFORD L. WILLIAMS - MOTION: DENIE /CA MAYOR KIRK CLOSED THE PUBLIC HEARING AT tr:37 - p.m. 0 01 A. Council Member the Floric-fa--L-6-6�ga-6--of-Glfl6§v re-q seconded by Council Member moved to adopt Resolution No. 06-01 in support of sized d-Legislative Issues --- - City- Attorney (Exhibit 6); T r� �v �w w 1 —Y I -, No. --F% -% THE CITY OF OKEECHOBEE, URGING MEMBERS OF THE FLORIDA ----L-r--GISIL-AT-uFtE-To-sttppoRT -1"-E FOLLGWI-INIGI-ISSUES DURING THE-20W LEGISLATIVE SESSION." Vote on motion. --VOTE- ---- - ---YEA---NAY--ABSTAW--- KIRK ABSENT CHANDLER � MARKHAM WATFORD I Wil I 1ARAQ MOTION. DENIED(�ARRIED. V-*1 B - Consider Alley Closing Application No. 78, submitted by Sep"illiamson, closing the &t to Mr. Frank "Sonny" Williamson, owner of Lots 1 through 12, inclusive of Block 93, Town of Okeechobee-, is- ----requesting-to-ctmlhe-e��asf aU ywaylo expand the Plaza -300iComplex, off on the application without any objections or requests for easements. City Staff Public Works Director ----R0b`eMVT,-PJ0t1Ce-C"i tDvvi-g-andt-ire L;hi,4-S-m-iff-h-av—e-signed off o-n-ffe-a-pp-iFc-aiFoh-Wiff-�o--obVEFCt-icns----- - City Engineer Bermudez is not recommending approval until future development of the area is presented'. Administrator Whitehall is in agreement with City Engineer Bermudez. Council Member-, moved that we instruct Attorney Cook to prepare the / Xj KIRK CHANDLER -MARKHA.M-----11 WATFORD L. WILLIAMS- MOTION: DENIE�;��RR`IE6. 0 • Page -9- - C. Council Member H L moved to approve an amended Participating Parry Agreement between the City and Olde Tyme Construction pertaining to the CDBG gr n t requirements - City Administrator (Exhibit 8); seconded by Council Member Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK l/ -- CHANDLER MARKHAM �^ WATFORD - - L. WILLIAMS MOTION: DENI / ARRIED. ✓ au- Lu�- do Pll C c' CW -_ - /C Lu4 �S ,�-t%?'i.c '4E-L� `. Poll- 9g7� ��C�^� ko( lF; ACO� Y1160 t SL�0 �L 40 U OomcHftmber -rrwedlo approve pro wast" Agree ent ith the City - Jeff Sabin (Exhibit 9); seconded by Council Member Vote on motion. ------_VOTE - --YEA-- NAY ARSTA[N-----ABSENT--- KIRK -6+4AAN)L-M-- - MARKHAM -WAT"ID-- L. WILLIAMS --MOTION-.-- A cl.�ic �-OA 1AA U1 I I dw � 0 0 p /),/ �, / C � � X (77 ,1-;(U V au C 3 ,-)Q ct&o &r7w -70 9 LA �, ' -k �- C�, vub it k l i �D C�-� C q- 4-- bi o t 1 c _ �,lCv�Jc Clot ta o Ul- Sc nt e ci x-e_ �5 ti e ti / C� , c� 3 Zc %C -:�tjlt6 -, T'�.Cd- o�,,� J (ie'( Yta,,Lu�t b C/ / Y � ' f (Y a 611 rrt tit J 7 z) 00�V-W Pz, 6,,b CAP 11 -10 (�.J ��j Zn�n�� 1��t✓%C,ec��c�.c,tit� �;� ��tc,o ��zn�o �u.x..� �� f?CC((,� C� SGkoj1 at t Aa4 pity �vkaAt % C,� r�C -� rJk S ^I ' K. l V U�- L < (-x, 7 c-x pc t Z "- (� " V (. GGj (J • f� C(c) mo-jlt�, J, wk��t LwL�, r�-k,�J, pal Au)x� �fiiv Ep p-, 4t b-cw t tics, Wall 0 v j 4e 1'a-mv i� Q-v- CL -C� C- M4 C�[k �i `L 91- �' Od D(Cj, (1�1 -fo-P-C(-t Page -11- E. Consider requiring underground electrical service drops - Dowling Watford. ell v - �N -�,� �h t�- �--z; �t -��.� , �;�C�`7� �-� C� , het �� ice° 1� �1��✓ i d&0- IX. MAYOR KIRK ADJOURNED THE MEETING AT P. M. Page -1- Tape 1 side A CITY OF OKEECHOBEE - January 17, 2006 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES L CALL TO ORDER. Mayor: Kirk, January 17, W06. Citv Council Regular Meeting 6.00 p.m. 1�divatVz� WCJ155j IL OPENING CEREMONIES: Invocation given by Pastor Xintludam, 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 Denly Davis Fire Chief Herb Smith Public Works Di:vctor Robertson IV. MINUTES - City Clerk. A. Council Member_ u moved to dispense with the reading and approve the Summary of IC(o1uncil Action for the January 3, 2006 Regular Meeting; seconded by Council Member _ Wr14--11. , r VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLE MARKHAA WATFORC L. WILLIAP MOTION: V. WARRANT REGISTERS - Ci Administrator. A. Council Member irk _ moved to approve the November 2005 Warrant Register in the amounts: General Fu two hundred ninety-seven thousand, one hundred ninety-four dollars and fifteen cents ($297,194.15); Special Law Enforcement,_ seven hundred sixty-eight dollars and seventy- two cents ($768.72); CDBG Fund, five hundred dollars ($500.00); Public Facility Improvement Fund, s ver=+. -three cents ($73.5 ); seconded by Council -three dollars and' fifty ember VOTE YfA NAY ABSTAIN ABSENT�:G,L`� KIRK ' CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENI • • Mernber -- - — movechto approveth arranTfiegisferin --- the amounts: General Fu d, four hundred thirty-one_ thousand, six hundred forty dollars and forty- -- - - - -- seven cen s 43°f �(T:47j; Cap`itaThr6Jects Vehicles eighteen thousand dollars ($18,000.00); Public Facility, two thousand, two hundred dollarsand ninety:an.e-cent;-_($2,20o l);__Special_-Law_ -_- Enforcement, nine hundred twenty-four dollars and seven y-two cents ($924.72); CDBG, five hundred ----- - - --VOTE - --- YEA - KIRK MARKHAM- WATFOAD z t L. WILLIAMS MOTION: DENIED/ RRIED. r 1 Let z z- - - - ------- - - ----- 65 VI. AGENDA - Mayor. 444fermi-deferraF /�e,�e. � J II. MA OR KIRK E_NED TH U C HEARING FOR 0 DINANCE ADOPTION D moved to read by title only proposed Ordinance No. 924, regardiny-Cemprr pensive-Plan-F tum-Land_Use_Map--Amendment-Application--No -9-5-043-SSA,- sAAubymiittedd.by Rick Surface to re -designate Lots 1`-2 of Block 31,Okeechobee, from Si i gle Fami y to "i./_..7 Tr'mr'•fil�.YOTTTIiIIT".__ VOTE YEA NAY ABSTAIN ABSENT -- ----- - ----- -- - - --- ------ CHANDLER MARKHAM WILLIAMS - - ---MOT-ION - �E�IIE -------- - ---- - - - -- - -- --- ---._�------- - -_- ----- -- uji Huorney �oorc reaa proposes urainance ivo. yL4 oy title only as twows: "AN UHUINANGE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHFSIV ___-_______ _ - PtAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND_MM-PARIlOULARLY-DESCRIRFn-HEREIN--F -_ FAMILY (SF) TO MULTI -FAMILY (MF); PROVIDING FOR INCLUSION OF ORDINANCE ANq _REVISED_ F -US€ MAP Tuc r...�-o^oMr°n€�E",:SIVE-PL-PRZVIBING-FOR-AN------ EFFECTIVE DATE." 2. a) Council Member l o- iJ moved to adopt proposed Ordinance No. 924; seconded b -- -- ouncil-Member-- - - b) Public comments and discussion. r-77 This Ordinance amends the Future Land Use designation on Lots 1 and 2 of Block 31, Okeechobee, from SF to-MF-.-Tire property-istocateTat305-t0307-Noff Wast 11" StreeT-TFie appTica_ on was submitted by property owner, Rick J. Surface. _ -- The -Planning_Staffan�i Plan_ft_B dare recommen aW-avalbasedoa#he#oHowingcrit@ria P4anning_ _-- Staff Report Comprehensive Plan Analysis: (A) The subject property is shown as Single Family on the future-L-d tls& Map. The max+sting--duplex-en-lots-3 aas-a--fegal nonconforming-asa. -The___- ---- - - _- applicant would like to continue the use and build another duplex on lots 1 and 2. By allowing this request, - - -- - ----theproposed-and-exis n e mWiste�ti with--th-e-> omprehe-h ive-Plan audits appTicabfd-policies. (B) Concurrency issues will be addressed at the site plan review phase for lots 1 and 2. Lots 3 and 4_are - _ • • _ Page -3- 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. ZVI L" Zd N t 9 n � n i c) Vote on. motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/ CRRIEp.j a�e-ourTcil - mont-to read-t3y-M-orn1y pr6poe r inancelVo.-S25--- - --- regarding Comprehensive Plan Future Land Use Map Amendment Application No. 05-014-SSA, - submittedby tepping tones t5ay afire Center to re -designate Lots 7-12 of Block 181, Okeechobee, from Since Famiily to_Multi—Famil_- City Planning- Consulta-nj_(Exh bit_2Y -seaaded-_by_CounciL__ Member TIC b) Vote on motion to read by title only. --___-VOTE--- - -- ___YEA _-NAY---ABSTAIN--ABSENT--------__- KIRK CHANDLER-_ - L MARKHAM MOTION: DENIED/CARRIED. c) Attorney Cook read proposed Ordinance No. 925 by title only as follows: "AN ORDINANCE OF - ------ -- -�'HE-.-. CtTY----,OF— O fLOftlDa AMENDING'THE -- C11'Y-- --- -- - - - OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING H FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND _ MORE PARTICULARLY DESCRIBED _FEE. -REIN FROM SINGLE FAMILY lSF)LIQ_--- --- ---- MULTI -FAMILY (MF); PROVIDING FOR INCLUSION OF ORDINANCE AND _ --- ----REVISEQ-FhI-T-U_RE -LAND- USE MAP IN--THE___COMPREHcE S1VE n. P.LAri _--_-_------.____ PROVIDING FOR AN EFFECTIVE DATE." 2. a) moved to adopt proposed Ordinance No. 925; seconded b) Public comments and discussion. L }` This Ordinance amends the Future Land Use designation on Lots 7 through 12 of Block 181, Okeechobee, _--------_-- -_ -_ ___ #rem-SF-to-4F-the property is]ocated at-440-to4l2-Soathwest4lStreet The application-- submittedby --- Stepping Stones Academy I, Inc., property owners, Wayne and Linda Evans. The Plannin Staff and Plannin Board are recommending gpproval based on the following_criteria: Planni-_-_____ Staff Report Comprehensive Plan Analysis: (A) The Comprehensive Plan has designated n the property as Sir�gJe. a 1 -However lots (t my because woofwhich-------- -- 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 pokies-of-the-Comprehensive-Ptanr.- B The -sites-- ---- -- developed and has public utilities. If additional improvements are to be made on the property, the concurrency --- - -isles W -Kbe a�c#resse fiuring a site p an review phase:-Cj-i'�ie c�iange rom Sing e-Famiiy to lofu pTQ- - Family Future Land Use will not create an incompatible use with the surrounding neighborhood. The�roperty's close proximity to other uses with similar characteristics creates compatibility. (D) The proposed land use ._-_a► endment-is.-_in-compliance__withlhe_ specific_ standards -of the Comprehensive -Plan- _The_current_use_of ----__------ adjacent properties allows for a simple transition of the subject property. ell, D 1 �I � s�.i.. � `-tic.i� ��-� ll �- l � ��.�iz,� ,�� "' �tii-�--a ,��►ce�;�. • �),�� a Y�. -- VOTE YEA NAY ABSTAIN ABSENT /! �kiY� ti�.0 CHANDLER MARKHAM WATFORD _ L. WILLIAMS Page -5- C.1. a) CouncA Member moved to read by title only proposed Ordinance No. 926, regarding Rezoning Appli tion NO.05-015-R, submitted by Leland Dyals to rezone Lots 1-2 of Block 182, Okeechobee, from Residential Multiple Fa ily to Heavy Commercial - City Planning Consultant (Exhibit 3); seconded by Council Member imo b) Vote on motion to read by title only VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS _ MOTION: DENIEp/CARRIED. c) 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." 2. a) Council Member _ Lk moved to adopt proposed Ordinance No. 926; seconded by Council Member b) Public comments and discussion. This Ordinance amends the Zoning designation from RMF to CHV for property located at 304 Southwest 3rd Avenue. The application was submitted by property owner Leland Dyals. The Planning Staff and Planning Board are recommending approval based on the following criteria: 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. (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 grantinco this request. f - �� f � ! 4.•�-'uC� � ,�CC�14;C /��/ .J c arY.N c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/ ARRIED. - - --$: 1-.-a) Counct}-f� mbef-2 - - � ��---movedto� -bYti�ir�ance N0.-927,-- regarding Rezoning Application No. 05-016-R, submitted by Daniel B. Creech to rezone Lots 9-11 Consultant (Exhibit 41 seconded by Council _..- Vote on motion to by title only VOTE YEA NAY ABSTAIN ABSENT CHANDLER ----- WATFORD MOTION: DE _- _-- �_ .__-Attorney-��k-read-pxoposed�rdirtar�ce-�Ua-�27-1�y�+tle-ea�y-as#eNew�-" 11y-1 - City Planning OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL -- - - ---- ------ZONING NIAP LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM INDUSTRIAL NTNG-D �STDEN"fiA�INGLE FAMILY -ONE (RSF-1) ZONING DISTRICT; AMENDING_ THE ZONING MAP AA CORDINGLy; _ PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council Member "DI'dA4 moved to adept proposed Ordinance No. 927; seconded by ---- --- ---- -------- --- ----------- --- This Ordinance amends the Zoning designation from !ND to RSF-1 for property located at 302 Southeast ----_1-0'n Avenue she apolication_was._slibmittedby, roperty--ownerZaniel-B,-Creech,-- oStaff and-Pla tr}g Board are reecmmerKfirgapplovaFbas&i-omthe-Vtowing-cdtena - - - --- -- Planning Staff Report Analysis: (A) The Single Family land use category allows single family uses at a -- -- -of --i tag--Th exI mouse is no confrary—%foie Oompr a iveFlan re uirements- -- ---- q �Bj e on 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.aad_compatible_with-the swD—und' The�mposedzon.iag-anduse will not adversely affect property values. (F) The exisiing use will not be required to`be buffered from surrounding uses. (G) The useiWe-existing-and-has notoverburdened -- -- - -- sit-exp�d-to-irt-ttte-futtrre: -�H�- tc-facilities,-ter _ -- ---- - - No traffic, flooding, or drainage problems are expected as a result of granting this request. (1) The applicant-h-as-notb-ee -bur�nedryTinnecessary resTriciroons--(7j-By granTng this request -tie- l y wili not - - confer on the applicant any speciai privileges. �42 ", _ -- - - - LtALL r -------------- --- VOTE YEA NAY _ABSTAIN ABSENT CHANDLER WATFORD L. WILLIAMS - MOTiON:-Q 4j E4— ------ -- i 0 Page -7- E.1: a) Council Member r �,moved to read by title only proposed Ordinance No. 928, providing for the extensioU of a Right of Reversionary Clause as provided in Ordina ce No. 842, Buxton Afley Closing - City Attorney (Exhibit 5); seconded by Council Member �. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN _ ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: DENIED/("'-RIED. c) 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 FOR AN EFFECTIVE DATE." 2. a) Council Member moved to adopt proposed Ordinance No. 928; seconded by Council Member b) Public comments and discussion. (�1.- c 46 U Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L.-WILLIAMS MOTION: DENIE ARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT iJ� 3s p.m. q-.,1J1 A. Council Member moved to adopt Resolution No. 06-01 in support of - - - - t�ague�fiCit�e requesifor pnonfized-LegiTa�ive Issues -City Attorney (Exhibit 6), seconded by Council Member - -__--___-____ AttorneCook rid-�rQp ed._Basolutioni�la.-D6_�l_i_b�c titl�or�l as follaws; ``A ESAL1 T4ON OF--- - - - -- THE CITY OF OKEECHOBEE, URGING MEMBERS OF THE FLORIDA L.E6ISLAT FIT' -T+ fflt NG--- LEGISLATIVE SESSION." . t � C n Vote on motion. ABSENI KIRK -_-------- MARKHAM--- WATFORD -- --- - _ ._1LWILLIAMS_ -- - - -- - - ---- - - - - - --- - - - - -- MOTION: DENIED/C RIED. B. Consider Alley Closing Application No. 78, submitted by Sonny Williamson, closing the East to yin c� a----h- bee - �ty-Cle- x i - - - - ------ ----- - - T1�fr�rank" onn�' Williamson, owner of Lots 1 through 12, inclusive of Block 93, Town of Okeechobee, is --_requesting to_ close the -east-to--west_.alleyway to expandthe-PJaza..300-Complex, --------------- --- Member jai -A. . J.--ded-C KIRK MAR�I HHAM---__- - WATFORD MOTION: DENIEDI page -9- G. Council Member moved to approve an amended Participating Party Agreement between the City and Olde Tyme Construction pertaining to the CDBG grant requirements - City Administrator (Exhibit 8); seconded by Council Member. Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED ARRIED. ^ 9 r I�i W /ILE) t V ti _ 1 V • • D-. -GoundWernbet—U � gl#tk --- _rTjot7jE#tO__' Wro,,Wr�se Wana 6 ht__ Agreement with the dity-- Juf Sabin (Exhibit 9); seconded by Council Member Vote on motion. _ VOTE_ YEA NAY- aBSToiN ARSFNT KIRK -CHANDLER_------- MARKHAM -------WATFORIY --------- - L. WILLIAMS -----]AMON.- DENW/C_ARRI_ED.___ LI Pt ,:< - �Ck Aw------- ;__ Aj • r24, 2 , 6546 o, Y'_'_ �c e l Z,it Alt yt - --- - - ------ ---- -1� -_ -- • Page -11- E. Consider requiring underground electrical service drops - Dowling Watford• (/ 1A IX. MAYOR KIRK ADJOURNED THE MEETING AT P. M. CITY OF OKEECHOBEE JANUARY 17, 2006 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 5 I. CALL TO ORDER - Mayor: January 17, 2006 City Council Regular Meeting, 6:00 p.m. • II. OPENING CEREMONIES: Invocation given by Pastor Jim Hudson, His House Fellowship Nazarene; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings • Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the January 3, 2006 Regular Meeting. JANUARY1 7,2006 - CITY COUNCIL AGENDA - PAGE 2 OF 5 V. WARRANT REGISTER - City Administrator. A. Motion to approve the November 2005 Warrant Register. General Fund $297,194.15 Special Law Enforcement $ 768.72 CDBG $ 500.00 • Public Facility $ 73.53 B. Motion to approve the December 2005 Warrant Register. General Fund $431,640.47 Capitol Projects Vehicles $ 18,000.00 Public Facility $ 2,200.91 Special Law Enforcement $ 924.72 CDBG $ 500.00 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. • VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.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 re -designate Lots 1- 2 of Block 31, Okeechobee, from Single Family to Multi -Family - City Planning Consultant (Exhibit 1). 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. VII. PUBLIC HEARING CONTINUED. A.2.c) Vote on motion. JANUARY 17, 2006 - CRY COUNCIL AGENDA - PAGE 3 OF 5 BA.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 re -designate Lots 7 -12 of Block 181, Okeechobee, from Single Family to Multi -Family - City Planning Consultant (Exhibit 2). • 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. C.1. a) Motion to read by title only 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 Multiple Family to Heavy Commercial - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 926 by title only. 2, a) Motion to adopt proposed Ordinance No. 926. (Land Planning Agency recommends approval) b) Public comments and discussion. c) Vote on motion. JANUARY 17, 2006 - CITY COUNCIL AGENDA - PAGE 4 OF 5 VA. PUBLIC HEARING CONTINUED. D.1.a) Motion to read by title only 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 4). b) Vote on motion to read by title only. 0 c) City Attorney to read proposed Ordinance No. 927 by title only. 2.a) Motion to adopt proposed Ordinance No. 927. (Land Planning Agency recommends approval) b) Public comments and discussion. c) Vote on motion. E.1.a) Motion to read by title only 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 5). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 928 by We only. 2.a) Motion to adopt proposed Ordinance No. 928. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. Vlll. NEW BUSINESS. A. Motion to adopt Resolution No. 06-01 in support of the Florida League of Cities' request for prioritized Legislative Issues - City Attorney (Exhibit 6). All. • IX. U JANUARY 17, 2006 - CITY COUNCIL AGENDA - PAGE 5 OF 5 NEW BUSINESS CONTINUED. B. Consider Alley Closing Application No. 78, submitted by Sonny Williamson, closing the Eastto West alleyway in Block 93, Okeechobee- City Clerk (Exhibit 7). C. Motion to approve an amended Participating Party Agreement between the City and Olde Tyme Construction pertaining to the CDBG grant requirements - City Administrator (Exhibit 8), D. Motion to approve proposed Waste Management Agreement with the City - Jeff Sabin (Exhibit 9). E. Consider requiring underground electrical service drops - Dowling Watford. 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 Cleric tapes are for the sole purpose of backup for official records of the Clerk. 1�1 0 EXHIBIT 1 JAmuARY 17, 2006 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 acre(s) C60,1 hereby redesignated for purposes of the Future Land Use Map of the City of 0 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 rd day of January, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk X,e<e ADOPTED after first reading on the V 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 Depa ent 55 S.E. 3' Avenue, Room 101 Okch eeobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: ` D Petition No, ©, -- 013 - 5S A Fee Paid: Jurisdiction: CC 1st Hearing: ap S 2nd Hearing: 1 3 D Ltt Publication Dates: LPA la/a 6 95 Cr— 1 Notices Mailed: Comprehensive Plan Map Amendment Application / Please Check One: V Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s): R 1 C. k I S u C` U C Ci Owner mailing address: P Q • gOX 3 Z Fort P� erc e FL 34949 ` 332 Z P .:= r_ Name of applicant(s) if other than owner state relationship): I ; Applicant mailing address: A Name of contact person (state relationship): Cd h4 e; Contact person daytime hone(s): T 7 2- 6 T— 8 7 O 6 Fax: 772 V g 8 S Z 6 J q Z V7 - 1 Z o6 Ce- ✓ Property address / directions to property: 30 513 a ? , E , I INN St, OKee.CHo hee- Parcel Identification Number: 3 • l 5.3 7.3 5' D D 10- 00 31 p• pO f Q 0030 Size of the Property (in acres): • 34 P. Current Zoning Designation: Re S i Gf � I i r C, M (A li il e ram ( R M R ° Current Future Land Use Designation: S t n Fa t� PExisting Use of the Property: R eS 1 d .e V111.41 M U R I e ram) DO l e k R Proposed Future Land Use Designation: R FcL j Proposed Use of the Property: i -Y. Description of Surrounding Properties: A Ulf 1 1 -e �� 1ly -P T k f it e ( 5 -_- . (kn �(s�+v� d Pie Q» L015 3 �- __ -5 Legal Description of the Property (Lengthy Description May be Attached): Bloc k 3� COkeeclo6ee L efS — ' of � Uniform Land Use Application (rev. 12/03) Page 1 of 2 J Survey of Property (l 1 " x 14", 20" Scale) Letter Outlining Request Notarized Letter of Owner's Authorization Application Fee (non-refundable) City Location Map ✓ Co>Qiiriul�atiaa� of Taiormahola 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 $500.00 and imprisonment of up to 30 days and ma res in the summary denial of this application. P J 4o44Ae- Rick T Sal -face t 1- t 7 -05 Printed Name Date Uniform Land Use Application (rev. 12/03) Page 2 of 2 • ,F lleall 8lita�te ��Velit�llel�t% P.O. Box 3322 Phone (772) 464-8706 Ft. Pierce, FL 34948-3322 FAX (772) 461-2717 November 16, 2005 City of Okeechobee 55 S.E. Third Avenue Okeechobee, Florida 34974-2903 To Whom It May Concern: I am applying to request a Future Land Use Map Amendment for Lots 1, 2 3, and 4 Block 31, City of Okeechobee. The Current Zoning Designation for these lots is Residential Multiple Family (RMF) and the Current Future Land Use Designation for these lots is Single Family. I would like to request that the Future Land Use Designation be amended to Residential Multiple Family (RMF). Lots 1 and 2, Block 31 are vacant land. I would like to change the Designation so that a duplex might be built on this site. That Plat of land described as Lots 3 and 4, Block 31 has a duplex already on the property. The change in the Future Land Use Designation would allow it to be in compliance instead of grand fathered in. Many of the surrounding lots in this area have already recently been granted the Future Land Use Map Amendment to become Residential Multiple Family (RMF) Thank you for your consideration. Rick J. Surface, Owner END a� As -HALT PAVi1IENT N.E. 11TH STREET' - N 89'42'06" E 99.77'(C)I- 100,00(P) sHLZL ROCK -- — —N 89+/7 08' E 99.77 (C) 10a 00(P) .SET 5/$' IRON I F0(/ND 5/8' IR&C ROD & CAP FOUND 5/B' IRGw STAMPED iKf'S B719'Jr$j 'nWS L8 $719' RQ7 (NO l.D.) 14.7' o EA 5 g 4 56.3 3 2 1 \ I � a ?8.8 ' — 6/' O 0% VACANT 8 I m n.9 W Ln II 13 g rN A I -p u, � I I 14, s rl �`-� 28.8' `--1 FouND s/m• 9taN S 89'39'57" W 99,84'(C) �tr A� FEND s/b• IRav � Rao D ,41 '7NPs 100.00 (P) / LB sn9' IROD(N8719a4P' �:'Vjf :7957' E 99.84(c) 10a00(P) I 15' PLATTED ALLEY OHW OHW DHW DHW DHW �OHW II IOHW —o— OHW- 22 23 24 25 26 I BLOCK 31 DESCRIPTION: (PROVIDED BY CLIENT) MQUO t` m Q 25 50 SCALE IN FEET MAP SCALE: 1 INCH a 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 I 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" 0—Found CM *—Found Iron Rod (and Cap) O —Found Pipe (and Cap) ABBREVIATIONS Q=Baseline; BM—Benchmork; (j=Centerline; C=Calculated; CATV=Cable TV; CM= Concrete Monument; CONC=Concrete; (D)-Deed;6 -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 Cop); L=(Arc) Length; (M)=Measured; MH=Manhole; N®North; (NGVD)—Notional Geodetic Vertical Datum of 1929; OHW=Overheod Wires; ORB=Official Records Book; FL -Property Line; (P)=Plat;. PC=Point of Curvature; PCC=Point of Compound Curvature; PCP= Permanent Control Point; PG= Page; P08=Point of Beginning; POC=Point of Commencement; PRC=Point of Reverse Curvature; PRM=Permanent Reference Monument; PT —Point of Tangency; PU&D-Public UtllItly and Drainage; R-Radlus; R/W-Rlght—of—Way, S=South; S LY=Southerly, T=Tangent; TEL=Telephone Splice or Switch Box; W=West; WPP=Wood Power Pole; UTIL=Utllity(les); /==Spot Elevation based on indicated Datum. 0 • a I END OF ASPHALT PAWEN T - N.E. 11TH STREET N 89'42'06" E 99.77'(C) --� - N 8942108' E 99.7T(C) 1OaOO(P) 100.00 P �,SH£ll ROCK FOUND 5/$' IR&C '7TSEr 5/5' IRDN MPED NPS 8719' ROD & CAP STAfDUNO 5/8' lR I 'TWS LB s719' R0O (NO ! E1 \ I In 5 4 3 $ 2 1 0� _W m OCCUPIED it it Cz CO I d o �A- I I �I O g SCr 5/B /RGW FWAV 5/8 ' IRav l ROD & ROD (NO I.D.J I I FOUND 5/5' iRLw1DD.00(P) 1NPS LB 6719'I I ROD & CAP CS �I S 89'39'57" W 99.8,M) ce 5�f9• --i=-- - I- -- I „ 15' P[AMD ALLEY 100.00 P OHW ONW OHW OHW OHW IOHW—I- I 22 23 24 25 26 BLOCK 31 �I Ei IOHw 0 OHW- I NORTH 215,.J�„�I„��I�� 51 SCALE IN FEET MAP SCALE: 1 INCH - 50 FEET DESCRIPTION: (PROVIDED BY CLIENT) 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 61G17-6, 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 RLC 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 SCALE: 1" = 50 JOB N0: 19605 'LEGEND O—Set Iron Rod and Cap "KAB LS 4820" ❑—Found CM 0—Found Iron Rod (and Cap) O —Found Pipe (and Cap) ABBREVIATIONS @=Baseline; BM=Benchmark; �=Centerllne; C=Colculated; CATV=Cable TV; CM - Concrete Monument; CONC=Concrete; (D)=Deed;A =Delta or Central Angle; E-Eost; E/P=Edge of Pavement; ESMT=Eosement; F,I.R.M.=Flood Insurance Rate Map; FND=Found; IP=Iron Plpe; 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; l-=Property Line; (P)=Plat; PC -Point of Curvature; PCC=Point of Compound Curvature; PCP= Permanent Control Point; PC= 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=Rodlus; R/W=Rlght—of—Way, S=South; S LY=Southerly, T=Tangent; TEL=Telephone Splice or Switch Box; W=West; �WPP=Wood Power Pole; UTIL=Utllily(ies); /=Spot Elevation based on indicated Datum J • 1.375 Jackson Street, Suite 206 Fort s, Florida 33901-2845 Phone: 39-334-3366 Fax: 239-334-6384 Email: larue-planningAatt.net Staff Report -Small Scale Comprehensive Plan Amendment Z y w` g Y R 2 -A k Prepared for: The City of Okeechobee Applicant: Rick 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 Existing SF Proposed MF Zoning District RMF Same Use of Property Duplex Same Acreage 0.689 .689 Location: 305/307 N.E. I Ith 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. 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. 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. Staff Report • • Applicant: Rick J. Surface Small -Scale Comprehensive Plan Amendment 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. Comprehensive Plan Analysis 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 I 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. 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 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 2 December 20, 2005 - Land -Pa2e2of4 IV. New Business. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05-013-SSA. Consider a recommendation to the City Council, to change 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 307 Northeast llth Street. The property owner and applicant is Rick J. Surface. • 0 Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: Lots 1 and 2 of the subject property are vacant and undeveloped. The applicant intends to develop the property with a duplex. 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. 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 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. December 2005 - Land 3of4 IV. New Business, continued. A. Comprehensive Plan, Future Land Use Map Amendment Application No. VOTE VOTE III 05-013-SSA, continued. l BURROUGHS - YEA HOOVER - YEA JOHNS -YEA JUAREZ - YEA LEDFERD - YEA MAXWELL - YEA WHIDDEN - YEA MOTION CARRIED. 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 1, 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 designate' 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. The oechobee 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 P'd.r !i_ _4.4-- , nt' cz:j it 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 I 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. __ _A4, 1 1 Ii/_ '_) G:; - PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE .EASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida will on Tuesday, January 17, 2006 at 6:00 p.m. or as soon thereafter possible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING on and there- after to consider final reading of N follow tit Ordinance into law: N0. 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 FU- TURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. ie ordinance is regarding Small Scale Comprehensive Plan Future Land Use Appli cation No. 05-013-SSA, submitted by property owner Rick J. Surface. The re- quest om Sinle Family (SF) to Murd-Familyc(MF) forhproperty located at 3051tto 307 Northeastgllth Street.. L description: Lots 1 to 4, of Block 31, Okeechobee, and is approximately 0. 4 acres . I mem�ers of the pubic are encouraged to attend and participate in said hearing. The proposed Ordinance may be inspected in its entirety by members of the pub lic in the Office of the CUy Clerk during regular business hours, Mon -Fri., Bam-4:30pm, except for holidays. EASE 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 hearing, suchJnterested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. accordance with the Americans with Disability Act (ADA) and Florida Statutes 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Lane Gamlotea no later than two (2) working days r. to the pproceeding at 863-763-3372 x215; if hearing r voice impaired, call DO l-800-222-3448 (voice) or 14MA47.5620 ne Gamiotea, CMC, CITY CLERK 17324 ON 1/6/06 Sw to nd subs, ibed before me this day of A.D. 20 C r-men R. BroN�f Notary Public, State of Florida at Large = _: "`' Commission #DD272118 ^. •;o Expires: Jan 17. 2008 '�9N . •' P`� Bonded Thru i� FOF FLOC "" Atlantic Bonding Co., Inc ExnIBIT 2 JAmuAHY 17, 2006 ORDINANCE NO. 925 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO 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, AND A OF BLOCK 181, OKEECHOBEE, ACCORDING P-_ �-` -0 THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, oy y,,,� 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. 1 %tee INTRODUCED for first reading and public hearing on the d day of Januarv, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk 1 7v,,, ADOPTED after first reading on the k 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 Depa ent 55 S.E. 3`a Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, eat. 218 Fax: (863) 763-1686 Date: l 1 , Petition No.. 0,5 1 q — SSjq Fee Paid: VJurisdiction: 1st Hearing: 1 a a,� 2nd Hearing: ` Publication Dates: �� a C- la 1 a a o 5 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): a� Irl Stones flCAdern 1 ne + WQy Evans A `P Owner mailing address: q1 S+ Y Y F L 33 y -7 8 p Name of applicant(s) if other than owner (state relationship): --- -_' Applicant mailing address: — PP g Name of contact person (state relationship): _ O -e e_ Lz]rContact rson da a hones : I _ 1�hoq U - a5q U Fax: 5u 1 -74$ 7 ✓ Properly address / directions to property: th StYA'ui 3-Is-335-0110-ol$fo-o►oo Parcel Identification Number: . 1 _ 5 - O - d Size of the Property (in acres): `i�Q Current Zoning Designation: RCS i dA nO MudiQle FamilQC�m Current Future Land Use Designation: �� rl ' p _ P h f U i i Exstng Use othe Property: PfLYADD01 Proposed Future Land Use Designation: ut 'Fa m i I LL Proposed Use of the Property: f�_v= a-� Description of Surrounding Properties: __ PQY�1n g Mult1 LLB►-4 AAOUSing tNEI Chug use- Sports Legal Description of the Property (Lengthy Description Maybe Attached): (,Se e vcYQn h� d�txaS "-` Lcays -1- l a , �Ioc �� t8 t Oueec',hobee , 'rzC'0Yd--Ld ix,\ PLO -A wok. 5 96Lgf 5 iQV-Lk Cotc-jn Uniform Land Use Application (rev. 12/03) Page 1 of 2 Survey of Property (11" x 14", 20" Scale) �- Letter Outlining Request fi Notarized Letter of Owner's Authorization Application Fee (non-refundable) City Location Map 6U. V&vC 9, 1tIa<Io5 Prin d Name Date Uniform Land Use Application (rev. 12/03) Page 2 of 2 • Stepping Stones Academy I 400 SW 4`h Street (863) 467-9908 Fax: (561) 748-7760 November 30, 2005 City of Okeechobee General Services Department 55 S.E. 3.dAvenue 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 schoollDay Care. Thank you. Sincerely, Q Va lylvu P, � P-&Acj Wayne rind 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 UNE 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 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 611377-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES_ NORTHSTAR GEOMATICS, INC. ` A� GREGORY S. FLEWAG, 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. 35.00' r 35.00' FOUND BOAT SPKIE NO ID g oo LOT G LOT 5 LOT 4 Vilg a - 15' ALLEY (NOT OPEN) 125.05 (M) _ FOUND 5/8 I.R.C. a 3 N89; -31 "W 124.00' P LB 959rZ 50.00' 50.00, 25.00 OHU W � n J SET 5/8" I.R.C. OX OFFSET i.0' EAST n 'WITNESS' LB 7217 `* 10.42' WOOD '5 SHED O I d SL65' o I ¢ � g DATE REVISIONS aM WOOD LIGHT 0 � � is 30 POLE 5' CONCRETE to to I WALK �J N N I GRAPHIC SCALE IN FEET CONCRETE o EXISTING STEPS 1$_30' r r /__yyELL _ N o 42.29' DATE 3/75/05 1 WEST ONE EAST ONE HALF OF LOT 9 HALF OF LOT 9 1"=30' 17 67' NO EXISTING ONE SCALE STORY WOOD FRAME RESIDENCE FRAME RESIDENCE 11J FIELD Br - CONCR�a� = 00 DVNG. BY BMT m 2.708.05- -- I CHECKED BY GSF 0° CARPORT m m r 22.00' WALK p 16.30' 0 I 0 Z LOT 8 LOT 7 N N BLOCK 161 LOT 9 z FOUND 5/8" I.R_C. FOUND 5/8" > W . ' LB 959 LR_C LB 959 N�y 50.00' S0.00' 25.00' z O x U w zrk.W 0 19.8' ASPHALT ABBREVIATIONSW_ 0 In o PKW FOUND PK NAIL AND WASHER W w FND. FOUND x z o FIFTH AVENUE (PLAT) LR_C. IRON ROD &CAP 5-4-TH STREET (POSTED) P.L.S. PROFESSIONAL LAND SURVEYOR 100' RIGHT OF WAY NO. NUMBER GRASS ISLAND (C) CALCULATED POSITION Ll ID IDENTIFICATION (M) MEASURED (P) PLAT LB LICENSED BUSINESS SHEET No. I rQ, WOOD POWER POLE OF I SHEETS OHU OVER HEAD UTILITIES PROJECr No_ 05-03a B O UNDARY SURVEY PREPARED,FOR _ STEPPING.STONES .i ACADEMY ' I, INC. -DESCRIPTION: THE EAST 1/2.OF LOT 9, AND ALL OF LOTS 10, 11, (& 12, BLOCK 181, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SUOJECT TO RESTRICTIONS, RESERVATIONS AND EASEMENTS OF RECORD, IF ANY. AD I RESS, 400 S.W. 4TH STREET 'F.I. "Ma ZONE: ZONE -UNDETERMINED, PARCEL LIES WITHIN OKEIECHOBEE CITY LIMITS. AREA SERVED BY MUNICIPLE STORM SEWER. PARCEL ID: (LOT 10 & E. 1 /2 LOT 9) 3-15-37-35-0010-01810-0070 (LOTS 11 & 12) 3-.15-37-35-0010-01810-0110 DA1tE_ OF LAST FIELD SURVEY: 06/10/03 LOT 4 I LOT 3 T r I ry W 15' WIDE ALLEY .digIl��l1��0�li�e._ GRAPHIC SCALE 30 0 15 30 60 ( IN FEET ) :'rah = 30 ft. LOT 2 I LOT 1 FOUND 1" IRON PIPE (NO HELD 'FOR W. R/W ALLIGNI 1f -J - 6 (OPEN) S BV58'00" E 175.19'(M) 175 I Q � Q 75.19'(M) 75.00'(P)� FOUND 5/8" IRON ROD Q % FOUND 5/8" IRON ROD k CAP "RLS 2084" Z m II h CAP "LB 959 •Oda 1 FENCE CORNER- '0 �t P f 1.4' E. k 0.8' S. Z O — x �U �Z ' / �\ W. W ¢ E 12 LO 9 c LOT 9 LOT 10 LOT 11 N O i m CDCD 2 Wlot Wfn _ 'a0 �0 zo °' M • X Ll) W CHAINLINK FENCE (TYPICAL) 96 30.0' — W Q "_ TOTAL PARCEL \ CONTAINS f0.573 ACRES 0UmW NWOX H o V, wj C! o C) U z 0 0J I W8 [i9 1 N 90'00'00" W 125.02'(M) 125.00, SOUTHWEST CORNER OF BLOCK 181 1 FOUND 5/8" IRON ROD do CAP "LB 959" HELD FOR N. R/W ALLIGNMENT FOUND 5/8" IRON ROD k CAP "LB 9591 75.01'(M) 75.00'(I ,•. 5'' CONCRETE WALK • ASPHALT r// WOOD POWER POLE \P)l TELEPHONE PEDESTAL SEWER CLEANOUT� SET IRON ROD k CAP "TWPS LB B71E FENCE CORNER= 3.0'W. &0.6'S.I LOT 12 g 1 STORtf i CONCRETE--_ 4.41I9 Ob WOAD OITIONME V:a CONCRETE ASPHALT PARKING 6 9s FOUND 5/8" IIRODh CAP 'LB 959 5 GRASSED AREA — N 90'00.00�300.08'(M) 300.00'(P) (BEARING BASE) 8 I ;;' ORY N i Ilo WOOD FRAME BUILDING CONCRETE 9.5 CONCRETE STEPS! •b1 12. ' 1 / 26.1' W0� �➢I STEPS a 100,05'(M) 100.09'(P) NOTE: THERE ARE MULTIPLE FLOOR LEVELS WITHIN THE FACILITY. Q S.W. 4TH STREET JU (ASPHALT ROAD) 100' R/W " a 35.0' — i .. "• Iy �• 29.3 0 v O Ln tb•IV ?g� 29 .1 r � N .Q 'n a I n � .• o 2.9 8 a 35.0' - — SOUTHEAST CORNER '8 OF BLOCK 181 FOUND 5/8-IRON ROD k CAP 'RLS 2084" HELD FOR N. Ec W. R/W AWGNMENT c cl BENCHMARK NORTH RIM OF I 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 •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 Mfas 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. BOUNDARY SURVEY 02/18/03 WC JAW STEPPING STONES ACADEMY I, INC. FLORIDA FIRST CAPITAL FINANCE CORPORATION ADDED TOPOGRAPHICAL INFO 06/10/03 JS JAW MITCHELL L BERKOWIT7, P.A. FIRST PEOPLES BANK REVISE NAME 10/31 /03 WC JAW BARRY CLAYTON. ESQ. U.S. SMALL BUSINESS ADMINISTRATION REVISE NAME 03/24/04 AS KAB ATTORNEYS TITLE INSURANCE FUND, INC SCHOOLS DEPOT, INC REVISE CERTIFICATION AMES 04116YO4 WC I KAB DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENTS 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 N0: 17139 LEGEND 0—Set Iron Rod and Cap TWPS 6719 0—Found C-M !—Found Iron Rod (ard Cap) Q. —Found Pipe (and Cap) I ABBREVIATIONS Q=9osellnP; BN;= anchmark- C Center!Ine; (C)=Colculated; CATV-Coble TV; CM- Ccncr•st. Morse stint; CONC,- ::,Icr.:ta; u-"Deed; 0=Delta or Central Angle; E=East; E'LY-Ecsterly, _,:4�••E' • "�f. T :••srcant; ESMT=Easement; F.I.R.M.=Flood Insurance Rate Mop; FND=FG.i!3 ;, �:' iron. I—: nRdc(C)=Iron Rod (and ID Cap); L-(Arc) Length; i .(M)=Measured; MH=tdanhole, ,r� . .rch; N'LY=Northerly, NGV(D)-National Geodetic Vcrticc! (Datums of 1929; NTi i- :ot to Scale; OHW=Overhead Wires; ft=Property Lire; °-*Plat; PC=Polnt of Curvature; PCC=Point of Compound Curvature; PCP. Permanent Control Point; PUB=Polnt 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-Woy, S=South; 5 LY=Southerly, T=Tangent�;��.TFL=Telephone Splice or Switch Box; W=West; W'LY=Westerly, UTIL-Utility(les); i=Spot Elevation based on Indicated Datum. v ,r. V 1375 Jackson Street, Suite 206 • Fort, Florida 33901-2845 e: 339 Phon-334-3366 Fax: 239-334-6384 Email: larue-planning(a,att.net Staff Report - Small Scale Comprehensive Plan Amendment `_3 a Prepared for: The City of Okeechobee Applicant: Stepping Stones Academy, Inc. Petition No. 05-014 SSA Staff Report r+Nplicant: Small -Scale Comprehensive Plan Amendment Petition No. 03- General information Applicant/Owner: Stepping Stones Academy, Inc. Applicant Address: 15576 91st Terrace'N. Jupiter, Fl 33478 Applicant Phone Number: 561-748-7760 or 561-596-2546 Future Land Use Map Classification Existing Single Family Proposed 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. p'' Request. 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. 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 Small -Scale Comprehen a Plan Amendment loplicant: Petition No. 03- 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: 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 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. 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. 0 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 December 20.2005 - Land 3of4 IV. New Business, continued. A. Comprehensive Plan, Future Land Use Map Amendment Application No. III VOTE 05-013-SSA, continued. BURROUGHS - YEA HOOVER - YEA JOHNS - YEA JUAREZ-YEA LEDFERD - YEA MAXWELL - YEA WHIDDEN - YEA MOTION CARRIED. 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 designate the property as Single Family. However, because the entire site includes 6 lots (two of which are alrea* 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. December 20, 2005 - Land - Page 4 of 4 IV. kv New Business, continued. B. Comprehensive Plan, Future Land Use Map Amendment Application No. 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. Mr. Littlefield explained that the owners have installed fencing and several swing sets for the children. He explained that the property will only 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. Katrina Cook, Secretary William Ledferd, Chairperson 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 05-014-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. The Okehobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appear Judy Kasten, who on oath says she is publisher of the Okeechob News, a DAILY Newspaper published at Okeechobee, Okeechobee County, Florida; that the attached copy of advertis meat, being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issue! of a 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 affrant 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 to and fubscribed before me this PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida will on Tuesday, January 17, 2006 at &DO p.m. or as soon thereafter possible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING on and there- after to consider final reading of the tdlowin Ordnance into law: NO. 925. 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 LLD PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FU- TURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. The ordnance is regarding Smat Scale Comprehensive Plan Future Land Use Appli- cation No. 05-014-SSA, submitted by Stepping Stones Academy I, Inc., owners, Wayne and Linda Evans. The request is to c e the Future Land Use designa- On from Single Family (SF) to Mulb-Famiry for property located at 4Dg to 412 Southwest 4th Street Legal description: Lots 7 to 10, of Bloch 181, Okee- chobee, and is approximately 0.75 acre(s). All membersof the public are encouraged to attend and participate in said hearing. The proposed Ordinance may be inspected in its entirety, by members of the pub- lic in the Office of the City Clerk during regular business hours, Mon -Fri., 8am-4:Zm, except for holidays. 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 hearing, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the ,appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk In accordance with the Americans with Disability Act (ADA) and Florida Statutes 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Lane Gamiotea no later than two (2) working days r' to the proceeding at 863-763-3372 x215;`'d hearing or voice impaired, call D 1-800-222-3448 ((voice) or 1-888-447-5620 (LTY). Lane Gamiotea, CMC, Cl CLERK 107354 ON 1/6✓06 day of A.D. 20 co .... ; Karmen R. Brown Notary Public, State of Florida at Large _ *_ Commission #DD27211 9P= Expires: Jan 17, 2008 k of F� Bonded Thru 11,,,,. Atlantic Bonding Co., Lrsc . EXHIBIT 3 JAmuARY 17, 2005 ORDINANCE NO. 926 AN ORDINANCE OFTHECITYOFOKEECHOBEE, FLORIDAAMENDING 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 acre(s) 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 3" of January, 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 MW Date: 1 1 I �� Petition No. 0 5 - F City of Okeechobee General Services Department Fee Paid: Jurisdiction: 55 S.E. 3rd Avenue, Room 101 1st Hearing: of>2nd Hearing: , Q LO Okeechobee, Florida 34974-2903 PP,) 1a/� Phone: (863) 763-3372, ext. 218 Publication Dates: 05 (' C ' l0 0 Fax: (863) 763-1686 Notices Mailed: Uniform Land Use Application D- .'Cno;al-Vveantinn . Vnri51nCP ✓ Name of property owner(s): C f-Iai� A Owner mailing address: 'ck v u 2 P_ P __ Name of applicant(s) if other than owner (state relationship): Le tCtnCJ I Applicant mailing address: A Name of contact person (state relationship): N -; Contact person daytime hone(s): r-t 1 ,, Fax: - gci0 " t t!t - A5 Q ✓ Property address /directions to property: Y G9 A Y2O L{ e— 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: , 3 Is properly in a platted subdivision? e S P: Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: i 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 applicaufs name: 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: eS Describe adjoining land uses / improvements to the North: 3 r d St r e e t^ South: East: 3 Y0( Are n e West: W LY �3 Existing zoning: Mn1• Future Land Use classification: YCl Actions Requested: (_) Rezone L� Special Exception (_� Variance Parcel Identification Number: - S - -3-1 - 35 - 00t 0 - 01 sac) e 00 10 00 Uniform Land Use Application (rev. 1/03) Page 1 of 2 Current zoning classification: Requested zoning classification: What is your desired permitted use under the proposed classification: If granted, will the new zone be contiguous with a like zone? e +h _ 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, ac Leland Dyals D SearchResults Page 1 of 2 Okeechobee County Property Appraiser Last Updated: IOt31/2005 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 ---I 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 Vimp Sale Qua[ Sale RCode I Sale Price 5/ 1/ 1982 0/0 W D I U 03 1 $100.00 12/1/1971 133/577 I Q 00 Building Characteristics Bldg Item Bldg Desc Year Blt Heated S.F. Actual S.F. Bldg Value 1 1 OFFICE/SFR (004700) 1930 956 1446 $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 Units 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/GlS/D—SearchResults.asp 11 /10/2005 4. • IN THE CIRCUIT COURT IN AND FOR GLADES COUNTY, FLORIDA. PROBATE DIVISION CASE NO. 2005-CP- 39• In re: Estate of MARY VIRGINIA DYALS, a/k/a MA1ZY 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 ADJUDGED that 1. There be immediate mediate distribution of the assets of the decedent, being th ollowmg c-7 , described property: Lots 1 and 2, Block 182,. OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, page 5, public records of Okeechobee Co un - _: N Florida. (Parcel No. 3-15-37-35-0010-01820-0010) to LELAND DYAIS, whose address is 304 S.V. 3rd Avenue, Okeechobee, Florida 34974. 2. Those to whom specified parts of the decedent's estate are assigned by this order shall be entitled to receive and collect the same, and to maintain actions to enforce the right. 3. Debtors of the decedent, 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 Se��, 2005_ /S/ JACK LUNDY Qcy� CIRCUIT JUDGE Conely & Conely, F.A. SW 3RD STREET CENTERLINE M RBS N89' 58' 02' E 100. 05' RBS 0 to RI Q co M O ti O RBS i 001 I Pl 1 AREA- .327 ACRES a 0 LO 2 I i Ln N Q � 1 i00'[Pl N89' 58' 00' E 99. 90' IF] 15' ALLEY RBF RBF —S89' 5800' W 99.89' 100' 1 Pl I I04 M �c N1 /2 11 ( N1 /2 12 W to N ri N NOT PART OF THIS SURVEY z Iz i00' I Pl RBF S89' 55' 55' W 99.8i' R8F LELAND DYALS R. L . S. 20B4 304 & X 3rd Ave.. Okeechobee, Fla. PHOWE .... 769-4 00 FAX .... 70-MM 35 RBS 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) - Field Measurement (0) - As per the deed (C) - Calculation NOTES: 1. 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 i82, 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 1 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 208 ALAS; !' = Ar LWAT#M W P 8LK 182 FM k4w LELAND NA: LD ,: rMW DYALS X 7Po.: C1W !94 1 1375 JaAiMon Street, Suite 206 • Fort MFlorida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning u,att.net Staff Report Rezoning Request Applicant/Owner: From: To. Mary Dyals CHV Petition No. 05-01 S 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. The applicant is requesting a rezoning from RMF to CHV in order to continue operation of a surveying office. 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 • Rezoning Request Applicant% Mary Dyals 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. Analysis 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. 2 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. Recommendation 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 i December 20, 2005 - Planning Board - Page 2 of 4 IV. NEW BUSINESS. A. Rezoning Petition No. 05-015-R. Consider a recommendation to the City Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultant, Council to rezone Lots 1 and 2, Block 182, City of Okeechobee from Residential III briefly described the Staff Report as follows: Multiple Family (RMF) to Heavy Commercial (CHV). The subject property is located at 304 Southwest Yd Avenue. Leland Dyals is the applicant on behalf of the property owner Mary Dyals (Estate). • • 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 C14V 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 20, 2005 - Planning Board - Page 3 of 4 IV. NEW BUSINESS, CONTINUED. A. B. 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. Rezoning Petition No. 05-016-R. Consider a recommendation to the City Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultant, Cotmcil to rezone Lots 9 - 11, Block E, Wright's Third Addition from Industrial III briefly described the Staff Report as follows: (IND) to Residential Single Family - One (RSF-1). The subject property is located 302 Southeast 10th Avenue. The property owner and applicant is Daniel Creech. Planning Staff Report Summary: 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. 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. The Oke0obee News P.O. Box 639, Okeechobee, Florida 34973 C� (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, ini Okeechobee County, Florida; that the attached copy of advertise- ment, being a -7 4ZZ� _ in the matter of r rtli-'r in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Afftant 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 to and subsdnd be me this CONSIDERATION OF ADOPTING A CITY ORDINANCE NOTICE that the City Council of the City of Okeechobt January 17, 2006 at 6:00 p.m. or as soon thereafter pc 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING cider final readirm of the followfna Ordinance into law: ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OR CIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT I LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL Mu TIPLE FAMILY (RMFI ZONING DISTRICT TO HEAVY COMMERCIA (CHI) ZO ING DISTRICT; AMENDING THE ZONING 1AAP ACCORDINGLY; PROVIDING FI CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE ie ordinance is regarding Rezoni�J Appfication No. 05-015-R, submitted by prc erty owner Leland [yams. The application is to change the zonir� designation Ire Residential Multiple Famiy (RMO to Heavy Commercial (CHI for property loci ad at 304 SW 3rd Avenue. Legal description: Lots 1 and 2 at Block 182, Oke chobee, and is approximately 0.325 acre(s). I members of the public are encouraged to attend and participate in said heater The proposed Ordinance may be inspected in its entirety by members of the pu lie in the Office of the City Clerk during regular business hours, Mon -Fr Bam-4:30pm,except for holidays. .EASE TAKE NOTICE AND BE ADVISED that it any person desires to appeal ai decision made by the City Council with respect to any matter considered at t hearing, such interested person will need a record of the proceedings, and 1 such purpose may need to ensure a verbatim record of the proceedings is mat which record includes the testimony and evidence upon which the appeal is to based. City Clerk tapes are for the sole purpose of backup for official records the Clerk. accordance with the Americans with Disability Act (ADA) and Florida Statut 286.26, persons with disabilities needing special accommodation to participate this proceeding should contact Lane Gamiatea no later than two (2) working da prior to the pprroceeding at 863-763.3372 x215; 9 hearing or voice impaired, c TDO 1-800-222-3448 (voice) or 1-88BA47-5620 (TIY). me Gamiotea, CMC, CITY CLERK 107356 ON 1/6J06' day of A.D. 20 YP armed R. BrowT_l Notary Public, State of Flonda at Large ' Commission #DD272118 ;i'Zlif-S: Jan 17, _LDo oFF Bonded Tt:ru Alla.ntic P,uz ding. Co., :nc:. • ORDINANCE NO. 927 EXHIBIT 4 JAmumw 17, 2006 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. 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 forfinal public hearing on this 3Id of January, 2006. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 171h 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 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, Q 5 Petition No. 01D - O ( IQ - Fee Paid: p Q9 Jurisdiction: Cc IstHearing: 2nd Hearing: 1/5 {- 1/i1 Ql� Publication Dates: a e i �J CC I d Notices Mailed: Uniform Land Use Application Rezone - Special Exception - Variance ✓ Name of property owner(s): A. Owner mailing address: 40 P P Name of applicant(s) if other than owner (state relationship): X Applicant mailing address: A Name of contact person (state relationship): j j Contact pers2nqa ' e hone(s): Fax: ✓ Property address / directions to property: 3oQ SZ Indicate current use of property: -. _- Describe improvements onproperty,includin number/ e of dwellings and whether occupied if none, so state): P g number/type g P C ) Approximate number of acres: I _ Q Is property in a platted subdivision? P B Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: P Have there been any land use applications conceming 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? r . 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: SY South: r S l Q�ll(±"I �L.. East: �- SI OeXM AUAQ$M'� West: (�ci-t.�t Existing zoning: Future Land Use classification: S) f4z, LZ FArn) Actions Requested: Rezone �) Special Exception C ..) Variance Parcel Identification Number: Current zoning classification: ` Requested zoning classification: What is your desired permitted use under the proposed classification: If granted, will the new zone be contiguous with a like zone? �(E Y. I Is a Special Exception necessary for your intended use? y 1 O Variance? (� LAI Describe the Special Exception sought: P' C Provide specific LDR ordinance citation: A' Are there other similar uses in the area? Is so, describe: E Why would granting your request be in the best interest of the area and residents? P T Y O 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 R Describe physical characteristic of property that makes variance necessary: C _ Did you cause or contribute to the characteristic? Is so, describe: _E-- What is the minimum variance necessary? Uniform Land Use Application (rev. 1/03) Page 2 of 2 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. 110611., 1IaaMIN111111 FILE NUM 2005017511 OR BK 00572 PG 1763 SHARON 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: Lake Okecehohee Title Inc - 210 Nw Park Street Suite 201 Ok=dk,bee. FI 34972 Property Appraisers Parcel Identification (Folio) Number: 3-22-37-35-0250-00000-0090 & 3-22-37-35-02504)00(10-0110 ABOVE THIS LINE FOR RECORDING THIS WARRANTY DEED, made the _!J 4day 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: t t'herever ttsed 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 ojcorporations) 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 ($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 I 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 ANDTO HOLD,thesame 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.. r —1— W tness #I Signature �— Shannon Lydia Holata �hti+ E' � krclll�st.�,A-f� ass # I Pream 93 mess #? Signature_ ac#j�.�_ t-2 fitness #3 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 J)yzrm ass L4s rs tfr' as identification. SEAL !�- I w+, pE gORpEBiUw Notary Public �F MxPIRy COMMISES:SION t DD 060157 ES9P*0er25,2005 Printed Notary Name My Comm ission Expires: �'>I 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 TO OKEECHOBEE, according to .the plat thereof recorded in Plat Book 1, Page 9, Public Records of Okeechobee County, Florida. SURVEYORS NOTES 1 Subject to easements and restrictions of'record. I I 8 Lands described hereon not abstracted by this office. Underground utilities and foundations are not shown. I$. The description shown hereon was provided by the I� client and/or his/her agent. 3.3 valid without the signature and the original raised of o �' sNot seal of a Florida licensed surveyor and mapper. x1 The surveyor did not interview adjoining land owners I - ig for unrecorded deeds or easements. Elevations, if any, are based upon assumed datgm_ I U o Lands shown hereon are in Flood Zone C, as scaled from FEMA FIRM panel no. 120177 02006, dated 2-4-81. I Address: 302 SE 10TH AVENUE, OKEECHOBEE, FL. �I SURVEYORS CERTIFICATE I hereby . certify that the attached sketch of survey of the hereon described property is true and correct to the best of my knowledge and belief as surveyed in the field under my direct supervision. Subject to the. qualifications noted hereon. CHNNUNK FENCE CORNER 1.O'N. 3.5'E FD 5/9' IRc RLS 2084 IN CONCRETE WIRE FENCE CORNER 1.0'N. 2.0'W FD 5/8- In RLS 2084 BLOCK E WRIGHT'S THIRD ADDITION 70 OKEECHOBEE PLAT BOOK 1, PAGE 9 OKEECHOBEE COUNTY FLORIDA N � o g 40- R/W —durM—es R. Almond, PM Professional Surveyor —Mapper Florida Registration No. LS5081 CERTIFIED TO ONLY THE FOLLOWING PARTIES: Drawn By: ATT, DAMEL B. CREECH, JR. JAMESR. ALMONDMOMMIONAL t AND SLIM_ PSM ® 2973 SW 3RD TERRACE OKEECHOBEE, FLORIDA 34974-2684 TEL (863) 467-5700 FAX: (863) 467-6121 EMAIL. surveyor349720yohoo.com SCALE FI_DSK/PAGE REVISIONS SURVEY DATE: SEPTEMBER 21, 2005 t' 40' 116/3 PROJECT No. 4500 1 1 1W THIS BAR IS INTENDED TO MEASURE I INCH LONG SHEET T of 1 MAP OF BOUNDARY SUR14EY AT THE SCALE SHOWN. F BAR MEASURES DIFFERENTLY ENLARGE OR REDUCE ACCORDINGLY `78T50'30'E cc .0 LOT 8 Z LOT 9 373.48' LOT 10 373.49' LOT 11 LOT 12 373.50' 1.288 ACRES* (IMPROVEMENTS NOT SHOWN) OLD WIRE FENCE S89'50'30-W - - FORMERLY AVENUE A - SE 4TH STREET 373_50� PREPARED FOR: DANIEL B. CREECH, JR. C}WNLINK FENCE CORNER 1.5'N, 1.0'W 1 ------------ FD 5/8- IRC RLS 2084 IN CONCRETE 0 20.00' 1 o _ Q NYY s 8 S 20.00' FD 5/8- IRC IS89'47'47 RLS 2084 LEGEND M MEASURED DIMENSION 0 - DEED DIMENSION P PLAT DIMENSION CM - CONCRETE MONUMENT IR - WON ROD IRC - RON ROD WITH CAP WM - WATER METER WV - WATER VALVE UP - UTILITY POLE L - ARC LENGTH A - CENTRAL ANGLE R - RADIUS DISTANCE CH - CHORD SF - SOUARE FEET GAL - GALLON FD - FOUND P8 -PLAT BOOK PG -i PAGE ORB - OFnC1AL RECORDS BOOK RAID - RADIAL MR - NdT RADIAL • • 1375 Jacj &n Street, Suite 206 Fort MyIWFlorida 33901-2845 • Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(aatt.net Applicant/Owner: From: To: Daniel B. Creech Petition No. 05-016-R Staff Report Rezoning Request 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 Existing Proposed Future Land Use Map Classification SF 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. Request: The applicant is requesting a rezoning from IND to RSF-1 to continue the existing use as a residence. Adjacent Future Land Use Map Classifications and Zoning Districts: 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: I Future Land Use Map Classification: SF Staff Report Rezoning Request *pplicant: 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. 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 • Conclusions Priorto 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. Recommendation 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 Q December 2005 - Planning Board - Page 3 of 4 IV. NEW BUSINESS, CONTINUED. A. Rezoning Petition No. 05-015-R, continued. • B. Rezoning Petition No. 05-016-R. Consider a recommendation to the City Council to rezone Lots 9 - 11, Block E, Wright's Third Addition from Industrial (IND) to Residential Single Family - One (RSF-1). The subject property is located 302 Southeast loth Avenue. The property owner and applicant is Daniel Creech. • VOTE BURROUGHS-YEA HOOVER - YEA JOHNS -YEA JUAREZ - YEA LEDFERD - YEA MAXWELL - YEA WHIDDEN - YEA MOTION CARRIED. 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 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. 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. December 20.2005 - int Board - Pate 4 of 4 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 Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from IND to RSF-I 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 (IND) 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 WHIDDEN - YEA MOTION CARRIED. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 6:50 p.m. The Okf1hobee 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 lc'734 in the matter of a4 1 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of l Afftant 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 to7atzd's1ubseribed before me this 4. day of. i 1 �� A.D. 20 Notary Public, State of Florida at Large • PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida will on Tuesday, January 17, 2006 at 6:00 p.m. or as soon thereafter possible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING on and there- after to consider final reading of the followwoqgg Ordinance into law: NO. 927. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFR- CIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND 1 ZONING DISTRICTPARTICULARLY TO RESIDENTIAL DESCRIBED SINGLE FAMILY -ONE f SFFROM -11) ZIALONIING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILTIY AND AN EFFECTIVE DATE The ordinance is regarding Rezoning -Application No. 05-016-R, submitted by prop- erty owner Daniel B. Creech. The application is to change the zoning designation from Industrial (IND) to Residential Single Family -One (RSF-11 for property local - Du at 302 Southeast 10th Avenue. Legal description: Lots 4 to 11 of Block E, Wrighrs Third Addition, and is approximately 1.286 acre(s). NI members of the public are encouraged to attend and participate in said hearing. The proposed Ordinance may be inspected in its erdkety by members of the pub- lic iq the Office of the City Clerk during regular business hours, Mon -Fri., Bam-4:30pm, except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that 6 any person desires to appeal any decision made by the City Council with respect to any matter considered at this hearing, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon vi the appeal is to be based. City Clerk tapes are for the sole purpose of backup for officnal reca its of the Clerk. In accordance with the Americans with Disability Act (ADA) and Florida Statutes 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Lane Gamiotea no later than two (2) working days prior to the proceeding at B63-763-3372 x215; R hearing or voice impaired, call TDD 1-800- 22-3448 voice) or 1-BBB-447-5620 Lane Gamiotea, CMC, CI CLERK 107361 ON 1/6/06 R . F31't3Wfl Y = Ca1nITlission #DD2721 IS :o = Expires: Jan 17, 2009 OF.�u��; Bonded�lrlEcr . '.. AIarrtic Bending Ct;., inc. • • EXHIBIT 5 JAmuAHY 17, 2005 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 17th 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 3r' 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 17t" 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 The 010chobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of f in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of C G 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 to' and su ribed before me this PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida will on Tuesday, January 17, 2006 at 6:00 p.m. or as soon thereafter possible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING on and there- after to consider final reading of the following Ordinance into law: 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 SEVER ARABILITY; PROVIDING FOR AN EF- FECTIVE DATE. All members of the public are encouraged to attend and participate in said hearing. The proposed Ordinance may be inspected in is entirety by members of the pub- Iic in the Office of the City Clerk during regular business hours, Mon Sam4,30pm, except for holidays. 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>his hearing, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disability Act (ADA) and Florida Statutes 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Lane Gamiotea no later than two (2) working days prior to the pproceeding at 863-763-3372 x215; if hearing or voice impaired, call TOO 1-800-222-3448 (voice) or 1-888-447-500 (I-M. Lane Gamiatea, CMC, CITY CLERK 107364 ON 1f6106 d�of. �.0 ' A.D. 20 a Notary Public, State of Florida at Large ?o �e<<; `-g1Tl1Brown Corunission #DD272118 A. = Eapires:.1an 17, 2008 Bonded Thr_h ,i. _ e 3or:di=tg Co., Inc • • EXHIBIT 6 JAmuARY 17, 2006 RESOLUTION NO. 06-01 A RESOLUTION OF THE CITY OF OKEECHOBEE, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUS DURING THE 2006 LEGISLATIVE SESSION. WHEREAS, as Florida's population continues to increase, cities are challenged to meet the service demands and infrastructure needs to account for new growth; and WHEREAS, a majority of Florida's municipalities have experienced negative impacts to the infrastructure, housing stock and employment base from a series of natural disasters in the past two years; and WHEREAS, the state has imposed greater accountability in Comprehensive Planning and Fiscal Feasibility Standards on municipalities; and WHEREAS, Florida's municipalities are dependent on other governmental entities for financial stability and presently the state, counties, and school districts, control every funding source that has been authorized for implementing growth management capital improvements and complying with concurrency requirements; and WHEREAS, municipal self-determination and local self-government are constantly under attack from a variety of public and private interests; and WHEREAS, the role and function of municipal government is constantly evolving from new demands from its citizens and businesses. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section 1. That the City of Okeechobee urges Governor Jeb Bush and members of the Florida Legislature to support legislation as part of a comprehensive Legislative Reform Package that: • Preserves municipal autonomy and protects the fundamental right of voluntary self-government. • Provides municipalities alternative funding options for the purpose of responding to impacts of declared disasters. • Preserves municipal tools for community redevelopment and urban revitalization. • Provides a dedicated and recurring revenue source for municipal transportation projects. • Preserves dedicated funding for local affordable housing programs. *Provides for an equitable distribution of fines and fees from criminal violations such as driving under the influence of alcohol or other chemical substances. • Provides a comprehensive and uniform workers' compensation system. Section 2. That a copy of this resolution shall be provided to Governor Jeb Bush, Senate President Tom Lee, House Speaker Allan Bense and members of the Page 1 of 2 Florida Legislature. INTRODUCED AND ADOPTED by the City of Okeechobee, this 171" day of January, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 _ Q �u�nna-t�acl�7.e�a Svc Pl sic &S 14G0 -3-)ok' Authorized Signature Typed Name & Title Phone No. Date Signature Typed Name & Title /zeAt esrAre IreG sr •9y`o�Z Phone No, L,x - Date authorized Signature Typed Name & Title Phone .No. Date ►uthorized Typed Name & Tit e fa '✓f �/1 aL�an. 76 3-9%�ba Phone No. Date uired Only For City of Okeechobee. & First Addition to City of Uxeecnopee 5uomvisions: 7-L 7q,4,IfZiC9 772 a r-T- •-vt:7 4,J 7W.2 14//c7 1W 41" elc Pi, Ci/ o/G � 26174.3 31 � y authorized Signa a Typed Name & Title Phone No. Date Authorized Signature Date Authorized Signature uaie Dxnie ldbertscn, Public WEarks Director Typed Name & Title Oscar Bernudez, City Ehgineer Typed Name & Title Authorized 5ignature uaLe D--rry Dwis, Chief of Police Typed Name & Title Herb Smith, Fire Chief Typed Name & Title n_ _- i.L- -3 - 4 1 T.1-A v-4-1--J-- I ,yliwu Halm %x 15u%F APPLICATION APPROVED BY: a C�irl�d f�a 1�a96 LANE GA11410rEA, CITY CLERK DATE Revised 4/3/03-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. IhINI�III�IUVHnIH�IVINV�IgUiIalNll �� `� THIS INSTRUMENT PREPARED.BY AND RETURN TO: FILE NUN 2004006395 SHARON ROBERTSONY CLERK OF CIRCUIT COURT OKEECHOBEE COUHTYr FL RECORDED 04/08/2004 09:12:13 AM RECORDING FEES 6.00 DEED DOC 4►200.00 RECORDED BY M Anuez 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 DATA _<ct 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 1/8th 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 /s,►1z?.A ,4 Witness #2 Printed Name STATE OF FLORIDA COUNTY OF f,. Gam. Theresa Cardone, Trustee of the Ar hur J. Cardone Revocable Trust dated Jul,31, 1990 Theres r �j Ro ert Cardone n ' 1 %7 _ / . A V 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 �%... � Ac, , as, identification. SEAL Kailene Robertson My commis on D0173838 wifis Doomber 23, 2008 16 Notary Public K�'��`1�+ � Printed Notary Name My Commission Expires: llllIIIIIIIfgIlNllllllllllll(Iil(Illllflllllllll(lIIIIIIII ��c � lr - E NUN 2004006394 OR BK 00528 PG 0325 SHARON ROBERTSONP CLERK OF CIRCUIT COURT OKEECHOBEE COUHTYr FL RECORDED 04/08/2004 09:12:13 AM RECORDING FEES 6.00 DEED DOC 4r200.00 RECORDED BY M 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 001100'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 yi 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: Witness #1 Signature Ai t� wJZJ --�.w- -eA) Witness 41 Printed Name T Witness. 42 Signature G S A Ye t e_ C. rL 6LIR.p e N 4J Witness #2 Printed Name STATE OF FLORIDA COUNTY OF OKEECHOBEE 'Fi 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 �Av 014rJOHN E. BURDESHAW * MY COMMISSION # Dq 06015 Printed Notary Name My Commission Expires.: s, EXPIRES: September 25, 2005 erg oeoP`O Bonded Thnu BudBat Notary Services ' y INNNNI�NIINIIIIIIIN�NININIIININB POJ FILE HUM 2005009723 OR BK 00562 F6 0264 SHARON ROBERTSON? CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 05/06/2005 03:31:51 Ph RECORDING FEES 18.50 DEED DOC 220.50 RECORDED BY h 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 2"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 HUNDRED AND N01100 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 , . 00562 PG 4265 ,6aJe 7 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 of Tallahassee, Florida, on this T— day of A.D. 200�- (SEAL) (;O� BOARD OF TRUSTEES OF THE BUSH INTERNA,. IMPROVEMENT OVERNOR TWS,T;;9J34D OF THE STATE lk FL QRI, F CHARLEE CRIST ATTORNEY GENERAL Ln -ApPRQ V' TO FORM AND LL7` = TOM GALLAGHE CHIEF FINANCIAL OFFICER .,. By: aAX' DEP Attorney 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 32399-30DO Page 2 of 2 Deed No. 31392 Pa�es _ 0;5009723 P I L_E NU11 2C3 OR SK.D0562 PG 0264 SHARON ROSERTSON• CLERK OF CIRCUIT COURT OKEECHOBEE CDUNTYr FL RECORDED 03/06/2005 03:31:51 Pt) RECORDING FEES 1E.50 DEED DOC 220.50 RECORDED BY N Anuez BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF ME STATE OF FLORIDA QUITCLAIM DEED Deed Number 31392 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the HOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLOR%DA 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 HOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA did approve this transfer on the e" 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, releabe, 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.piat thereof recorded in Flat Hook 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 06/20/2005 11:13 8637631739 WILLIAMSON CATTLE OR BK 00562 PG 0265 PAGE 03 /� 6a? 9 TO HAVE AND TO SOLD the above-described_landa 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 IMPROVE MiT 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 hereunto affixed in the City �b��yyeNN of Tallahassee, Florida, on this Z day of , A.D. 200J. (SEAL) BOARD OF TRUSTEES OF THE BUSH InTERNAT IMPROVEMENT C,40EVERNOR T�y^Q`i OF THE STATE y v� - 6 CHARLIE CRIST ATTORNEY GENERAL .�' �T,�p . QU41(L 'AP�P�i�ervre�•'p�s+ FORM AND B '` •TO :. LBO TOM DALLAGHE wV ., CHIEF FINANCIAL OFFICER BY: I/O �lYfQ1T( 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 inatrUment prepared bye . Jill stcyahich Dgpartment.ol Environmental Protection Bureau o[ Public Ganda Aftinistration Diviaian of Sea to Lands 3900 Comoonvealth Blvd. MS 130 Tallahaaaee, Florida 32399-3000 Page 2 of 2 Deed No. 31292 I tl hah`sh61171l8p912ol27R2p3F4fZbVlpip11,ol yi"1"I"1`ffi - ,6 10TH ALLEY CLOSING APPLIIMON NO.78 DSUBJECT ALLEY SURROUNDING CLOSED ALLEYS SURROUNDING CLOSED STREETS ■ r r.L - n ,; 11 T`T1 16 , 9 8 7 6` 5 4 3 2 t 1 2 3 4 5 6 7 S a 3 2 f 31 6, t t tt t0 9 8 7 ,. 2 q13 CSX TRANSPORTATION INC. RAILROAD eix no'ao amaaaa a�000 oaaaao moo�� aa0o �;�v� Oman Aon�o�oTama��es�a�0ia�i mom 3 1 M imi, ammo HIMa 111111N'mma mm�ma mo�'a • • ExHIBIT 8 JAnuARY 17, 2006 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: 1. 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 Party 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 Application (the "OTC Facility." The "OTC Facility" shall be titled in the name of Okeechobee Commerce and Land Development, LLC and leased to 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; (G) 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; (H) 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 Party 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; (J) 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 9B-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; (K) 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); (L) That OTC shall develop a schedule which identifies the start date for construction of its facilities; the dates by which such construction will be 33%, 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). (M) 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 (N) The OTC shall work with the local Workforce Board, or advertise in the closest newspapers serving Okeechobee, to attract applicants from the Okeechobee workforce. (0) 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: 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. Lo Witness: APPROVED AS TO LEGAL SUFFICIENCY: Legal Counsel for OTC ATTEST: (Corporate Seal) CITY OF OKEECHOBEE a State of Florida municipal corporation James E. 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It a ., ow • t - _I W,n,'ZW I* • • ExulBIT 9 WILL BE PROVIDED AT THE MEETING ExnlBIT 9 JAmuAKY 17, 2005 • 0 SECOND AMENDMENT TO FRANCHISE AGREEMENT THIS SECOND AMENDMENT TO FRANCHISE AGREEMENT is made this day of 2005 by and between the CITY OF OKEECHOBEE, FLORIDA, a municipal corporation ("City') and WASTE MANAGEMENT INC. OF FLORIDA, successor by merger to L.P. Sanitation, Inc., ("Contractor"). W ITNESSETH WHEREAS, the City and Contractor are parties to that certain Franchise Agreement dated July 7, 1987, which provides for solid waste collection services with the City boundaries (the "Franchise Agreement"); and WHEREAS, the Franchise Agreement has been previously extended and modified; and WHEREAS, the parties desire to extend the term and make additional modifications to the Franchise Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Term of Franchise. Section 2 of the Franchise Agreement is deleted and replaced with the following: "Subject to the termination rights of the City, this franchise shall remain in full force and effect until September 30, 2009; provided furthermore, this franchise may thereafter be renewed for consecutive four(A)year periods upon the same terms, conditions and limitations imposed hereby, Contractor shall give notice to the City of an intent to extend this Franchise Agreement at the end of the term, which notice shall be delivered to the City by Certified Mail, Return Receipt Requested, not later than one hundred and eighty (180) days prior to termination. For purposes of such notification, the City's address shall be: City Clerk, City of Okeechobee, 55 Southeast 3,d Avenue, Okeechobee, Florida 34974." 2. Residential Bulk Pickup. Section 3(a) is amended by deleting the last two sentences of the paragraph and replacing same with the following: "Contractor shall collect up to 15 cubic yards of bulk items once per week on a day scheduled by Contractor. All bulk items shall be of the size and weight so as to be handled by Contractor's "clam truck", but not to include "whole trees". Bulk materials in excess of 15 cubic yards shall be collected by the Contractor provided that the resident pays Contractor for collection of the excess at $11.00 per cubic yard; such payment shall be made at the time the Contractor provides the service. The Contractor shall not be responsible for nor have an obligation to collect, transport or dispose of debris or other waste material from a hurricane, severe storm or other natural or man-made disaster unless the City enters into a written agreement with Contractor specifying the terms and compensation for such services. " 3. Cart Program. Section 3(b) is amended by adding the following to the end of the paragraph: "Residents shall place all solid waste in the 96 gallon cart". Residents who desire an additional cart may obtain same at a cost of $10 per month paid one year in advance. Residents are limited to one additional cart. Recipients of additional carts may discontinue the use of the cart, but shall forfeit and waive any unused advanced payment. Should a recipient of an additional cart who discontinues such service subsequently request resumption, within a twelve (12) month period of the additional cart, in addition to the one year's prepayment, such resident shall pay a delivery charge of $50.00." 4. Annual Review. Section 29 is deleted and replaced with the following: "Commencing on the anniversary date of this Agreement, and each year thereafter, the rates shall be adjusted utilizing the indexing procedures provided for herein. The rates shall be adjusted on the basis of one hundred (100%) percent of any increase or decrease in the cost of living as reported in the Consumer Price Index for all urban consumers (U. S. City average-1967 = 100, all items, Bureau of Labor Statistics of the United States Department of Labor), (the "Index"). The new rates shall not exceed a cap of 7.5% in any year and shall be calculated multiplying the existing rates by a fraction, the numerator of which shall be the index for the month of May prior to the respective anniversary date and the denominator of which shall be the index for the month of May, in the previous year. If the Index becomes unavailable, a reasonable substitute, as prepared by the United States Department of Labor or comparable federal agency shall be used. Contractor shall provide the City with prior written notice of any rate adjustment due to the change in the Index with a detailed calculation of how the new rates were determined together with documentation evidencing the adjustment. The Contractor shall also identify the amount and the reason for the rate adjustment on the next invoice sent to the customers after the rate adjustment. Further, WMIF shall, on a quarterly basis, adjust the applicable rate charged to reflect any change in the cost of diesel fuel as determined by reference to the Energy Information Administration of the US Department of Energy ("EIA/DOE") website that reports average prices of diesel fuel for the "Lower Atlantic" United States. The link is as follows: http://tonto.eia.doe.gov/oog/info/wohdp/diesel.asp. After determining the average price of diesel fuel from the aforesaid website ("EIA/ DOE fuel cost"), the corresponding fuel cost modifier will be calculated pursuant to the following table: • CJ DOE avg. at Least WM Surcharge % DOE avg. at Least WM Surcharge % DOE avg. at Least WM Surcharge % DOE avg. at Least WM Surcharge % 0.95 0.00 1.47 2.60 1.99 5.20 2.51 7.80 0.96 0.05 1.48 2.65 2.00 5.25 2.52 7.85 0.97 0.10 1.49 2.70 2.01 5.30 2.53 7.90 0.98 0.15 1.50 2.75 2.02 5.35 2.54 7.95 0.99 0.20 1.51 2.80 2.03 5.40 2.55 8.00 1.00 0.25 1.52 2.85 2.04 5.45 2.56 8.05 1.01 0.30 1.53 2.90 2.05 5.50 2.57 8.10 1.02 0.35 1.54 2.95 2.06 5.55 2.58 8.15 1.03 0.40 1.55 3.00 2.07 5.60 2.59 8.20 1.04 0.45 1.56 3.05 2.08 5.65 2.60 8.25 1.05 0.50 1.57 3.10 2.09 5.70 2.61 8.30 1.06 0.55 1.58 3.15 2.10 5.75 2.62 8.35 1.07 0.60 1.59 3.20 2.11 5.80 2.63 8.40 1.08 0.65 1.60 3.25 2.12 5.85 2.64 8.45 1.09 0.70 1.61 3.30 2.13 5.90 2.65 8.50 1.10 0.75 1.62 3.35 2.14 5.95 2.66 8.55 1.11 0.80 1.63 3.40 2.15 6.00 2.67 8.60 1.12 0.85 1.64 3.45 2.16 6.05 2.68 8.65 1.13 0.90 1.65 3.50 2.17 6.10 2.69 8.70 1.14 0.95 1.66 3.55 2.18 6.15 2.70 8.75 1.15 1.00 1.67 3.60 2.19 6.20 2.71 8.80 1.16 1.05 1.68 3.65 2.20 6.25 2.72 8.85 1.17 1.10 1.69 3.70 2.21 6.30 2.73 8.90 1.18 1.15 1.70 3.75 2.22 6.35 2.74 8.95 1.19 1.20 1.71 3.80 2.23 6.40 2.75 9.00 1.20 1.25 1.72 3.85 2.24 6.45 2.76 9.05 1.21 1.30 1.73 3.90 2.25 6.50 2.77 9.10 1.22 1.35 1.74 3.95 2.26 6.55 2.78 9.15 1.23 1.40 1.75 4.00 2.27 6.60 2.79 9.20 1.24 1.45 1.76 4.05 2.28 6.65 2.80 9.25 1.25 1.50 1.77 4.10 2.29 6.70 2.81 9.30 1.26 1.55 1.78 4.15 2.30 6.75 2.82 9.35 1.27 1.60 1.79 4.20 2.31 6.80 2.83 9.40 1.28 1.65 1.80 4.25 2.32 6.85 2.84 9.45 1.29 1.70 1.81 4.30 2.33 6.90 2.85 9.50 1.30 1.75 1.82 4.35 2.34 6.95 2.86 9.55 1.31 1.80 1.83 4.40 2.35 7.00 2.87 9.60 1.32 1.85 1.84 4.45 2.36 7.05 2.88 9.65 1.33 1.90 1.85 4.50 2.37 7.10 2.89 9.70 1.34 1.95 1.86 4.55 2.38 7.15 2.90 9.75 1.35 2.00 1.87 4.60 2.39 7.20 2.91 9.80 1.36 2.05 1.88 4.65 2.40 7.25 2.92 9.85 1.37 2.10 1.89 4.70 2.41 7.30 2.93 9.90 1.38 2.15 1.90 4.75 2.42 7.35 2.94 9.95 1.39 2.20 1.91 4.80 2.43 7.40 2.95 10.00 1.40 2.25 1.92 4.85 2.44 7.45 2.96 10.05 1.41 2.30 1.93 4.90 2.45 7.50 2.97 10.10 1.42 2.35 1.94 4.95 2.46 7.55 2.98 10.15 1.43 2.40 1.95 5.00 2.47 7.60 2.99 10.20 1.44 2.45 1.96 5.05 2.48 7.65 3.00 10.25 1.45 2.50 1.97 5.10 2.49 7.70 1.46 2.55 1.98 5.15 2.50 7.75 In addition, the Contractor may petition the City to increase its fees based upon unusual increases in the cost of doing business or a change in law or regulation ("Change in Law"). A request for increase for Change in Law may be made at any time such change occurs. A request for change in cost of doing business may be made not more than once each year. Any such request shall be supported by full documentation establishing the increase in operating costs and the reasons therefore. The City shall be entitled to audit the Contractor's financial and operational records directly related to the Operator's request in order to verify the increase in costs and the reasons therefore. "Change in Law" means (I) the adoption, promulgation, or modification after the date of this Agreement of any law, regulation, order, statute, ordinance, or rule that was not adopted, promulgated, or modified on or before the date of this Agreement, or (ii) the imposition of any material conditions in connection with the issuance, renewal, or modification of any permit, license, or approval after the date of this Agreement, which in the case of either (1) or (1I) establishes requirements affecting the Contractor's operation under this Agreement more burdensome than the requirements that are applicable to Contractor and in effect as of the date of this Agreement. A change in any federal, State, county, or other tax law or workers compensation law shall not be a Change of Law. However, in the event that a federal, state or local entity imposes a fee, charge or tax after the date of this Agreement that applies to Contractor's operations per se, such fee, charge or tax shall be treated as a Change in Law. The Contractor's request must be made within one hundred twenty (120) days of the occurrence of such change or cost, and shall contain reasonable proof and justification to support the need for the rate adjustment. The City may request from the Contractor, and the Contractor shall provide, such further information within its possession as may be reasonably necessary in making its determination. The City shall approve or deny the request, in whole or in part, within sixty- (60) days of receipt of the request and all other additional information required by the City. The City shall make a reasonable determination based upon the documentation provided in reaching its decision." 5. Force Majeure. New Section 31 is added: The performance of this Agreement may be suspended and the obligations of either party excused in the event of and during the period that such performance is prevented or delayed by a force majeure occurrence. "Force Majeure" shall mean: (a) An act of God, including hurricanes, tornadoes, landslides, lightning, earthquakes, fire, flood, explosion, sabotage or similar occurrence, acts of a public enemy, extortion, war, blockade or insurrection, riot, or civil disturbance; (b) The order or judgment of any federal, State, or local court, administrative agency or governmental body (excluding decisions of federal courts interpreting federal tax laws, and decisions of State courts interpreting State tax laws) if it is not also the result of the willful misconduct or negligent action or inaction of the party relying thereon or of a third party for whom the party relying thereon is 0 responsible; provided that neither the contesting in good faith of any such order or judgment nor the failure to so contest shall constitute or be construed as a measure of willful misconduct or negligent action or inaction of such party; (c) The failure to issue, suspension, termination, interruption, denial, or failure of renewal of any permit or approval essential to the operation of the Contractor; (d) A Change in Law. (e) The failure of any appropriate federal, State, County, or local public agency or private utility or similar entity having operational jurisdiction in the area in which the Landfill is located, to provide and maintain utilities, services, water and sewer lines, transportation or similar function and power transmission lines which are required for and essential to the operation of the Landfill; (f) The condemnation, taking, seizure, involuntary conversion, or requisition of title to or use of the designated facility or any material portion or part thereof taken by the action of any federal, State or local governmental agency or authorities. As a condition precedent to the right to claim excuse of performance, the party experiencing a Force Majeure event shall: (a) Promptly notify the other party verbally; and (b) As soon as practical, but in no event more than ten (10) days thereafter, prepare and deliver to the other party a written notice with a written description of (1) the commencement of the Force Majeure event, (2) its estimated duration impact on the party's obligations, under this Agreement. Whenever a Force Majeure event shall occur, the parties shall, as quickly as possible, to the extent reasonable, eliminate the cause and resume performance under this Agreement. Additionally, either party shall provide prompt Notice to the other of the cessation of a Force Majeure event. • r1 6. Schedule A. Schedule A (Rates) is deleted and replaced with new Schedule A annexed hereto. 7. All provisions of the Agreement not specifically modified herein shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned set their hands and seals this day of 2006. Attest: Waste Management Inc. of Florida by: Attest: City of Okeechobee, Florida City Clerk by: Mayor APPROVED FOR LEGAL SUFFICIENCY: City Attorney 0 1�1 Exhibit 6 Okeechobee County, Florida Containerized commercial Solid Waste Coniectien Service EFFECTIVE OCTOBER 1, 2005 2005 Monthly Rates (Includes Franchise Fees) Pick-ups/Week> Container Size 1 x/ wk 2 x/ wk 3 x/ wk 4 x/ wk 6 x/ wk 6 x/ wk 7 x/ wk Xtra plu Rate 2 Cubic Yard Collection 35.40 70.79 106.34 141.57 176.98 212.41 Disposal (1) 13.82 ( 27.65 41.47 I 55.29 I 69.12 82.94 $ 36.89 Total w/o Maint. Maintenance 0.00 0.00 0.00 0.00 0.00 0.00 Total With Maint. 49.23 98.43 147.81 196.86 246.10 295.35 3 Cubic Yard Collection 50.09 100.18 150.49 200.36 250.46 300.55 Disposal (1) 20.73 41.47 62.20 82.94 103.67 124.41 $ 44.02 Total w/o Maint. Maintenance 0.00 0.00 0.00 0.00 0.00 0.00 Total With Maint. 70.82 141.65 212.69 283.30 354.13 424.96 4 Cubic Yard Collection 66.77 133.55 200.36 267.16 333.95 400.73 Disposal (1) 27.65 55.29 ( 82.94 110.58 138.23 165.88 $ Total w/o Maint Maintenance 0.00 0.00 0,00 0.00 0.00 0.00 Total With Maint. 94.41 188.85 283.30 377.74 472.18 566.61 6 Cubic Yard Collection 94.17 188.33 282.51 369.52 470.87 552.78 Disposal (1) 41.47 82.94 124.41 165.88 207.35 ( 248.82 $ 65 36 Total w/o Maint Maintenance 0.00 0.00 0.00 0.00 0.00 0.00 Total With Maint. 135.64 271,26 406.92 535.40 678.21 801.60 8 Cubic Yard Collection 117.54 235.07 352.64 470.19 587.74 705.29 Disposal (1) 55.29 110.58 165.88 221.17 276.46 1 331.75 $ 78.87 Total w/o Maint. Maintenance 0.00 0.00 0.00 0.00 0.00 0.00 Total With Maint. 172.83 345.65 518.52 691.36 864.20 1037.05 Optional Services Casters: $ 7.00 per month maintenance Roll -out: $ 7.00 per month per roll -out, 1 x per week $ per month for each additional day per week 3.77% Increase Mouthwash $ 10.00 per month 1 x per week The Disposal portion of the above rates is to be calculated as the product of the current per -ton Disposal Charge at the Okeechobee Landfill (27.76) and the Weight Per Cubic Yard Factor, as set forth below. Weight Per Cubic Yard Factor is: 115.00 pounds per cubic yard ResidewlIfimi Solid Vftstee'Coiie+f d4m Service Monthly Rates 2004 2005 Residential Hauling $ 5.58 8 5.79 Disposal 2.87 i 288 Total $ 8.45 $ 8.67 Recyling $ 1.90 $ 1.90 _gnaw, in a CNN vmyi 'oil _Pji � y. Raising of otir 800 ft A]iterican Fla.v and 800 sq ft P.t3:W.-NITA flag Ending Tributie to fallen soldiers in Afga'nist n and Iraq......... S15.00 Advancv"520-.00 L3aar" Under 12 Free"' TICKETS ON �SALE BTRE 1 VNI Ack— t-web.com or call 1-8 6-46 -763 ALSOAVAILABLE A1...... Johnny's Restaurant U" & 1. 878-2686 SC=-SIE Q's Restaurant 263 SE FSL bind "2-28 The Golf -Store. 1321 Sit Tuck Rest Bh-d. 340-1343 Oil Depot 174 SW P L l�l�ti 336 '�4 Okeechobee Chamber of Commerce StS3- t83-€i46= Elt's N-steru'er Sb 7TZB# 1/17/2006109 AM FROM: Fax TO: 1 863 763 1686 PA*1 OF 002 449 S.E. EVERGREEN TERR PORT ST LUCIE FL 34983 c o n f i d e n t i a l To: mayor kirk Fax Number. 1 863 763 1686 From: VIETMAN VETERANS OF FLA- THOMAS FLETT Fax Number: Business Phone: Home Phone: 772-879-2376 Pages: 2 DatelTlme: 1/17/2006 11:39:27 AM Subject.SHOW 2006