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2006-03-07 Regular MeetingCALL TO ORDER - Mayor: March 7, 2006 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation by Pastor Al Jaquith, First Baptist Church of Basinger; Pledge of Allegiance led by Mayor. CITY OF OKEECHOBEE MARCH 7, 2006 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION Mayor Kirk called the March 7, 2006 Regular City Council Meeting to order at 6:00 p.m. Invocation was offered by Pastor Jaquith of the First Baptist Church of Basinger; The Pledge of Allegiance was led by Mayor Kirk. 435 PAGE 1 OF 14 III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. City Clerk Gamiotea called the roll: Mayor James E. Kirk Present Council Member Noel A. Chandler Present Council Member Lowry Markham Present Council Member Dowling R. Watford, Jr. Present Council Member Lydia Jean Williams Present City Administrator Brian Whitehall Present City Attorney John R. Cook Present City Clerk Lane Gamiotea Present Deputy Clerk Melisa Eddings Present Police Chief Denny Davis Absent Fire Chief Herb Smith Present Public Works Director Donnie Robertson Present IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the February 21, 2006 Regular Meeting and the February 21, 2006 Regular Meeting and the February 28, 2006 Workshop; seconded by Council Member Williams. February 28, 2006 Workshop. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. 486 MARCH 7, 2006 - REGULAR MEETING - PAGE 2 OF 14 V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. III New Business item E was withdrawn from the agenda. VI. OPEN THE PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:03 P.M. A.1. a) Motion to read by title only, proposed Ordinance No. 932, regarding Council Member Watford moved to read by title only, proposed Ordinance No. 932, regarding Alley Closing Alley Closing Application No. 78, submitted by Frank Williamson, Jr. Application No. 78, submitted by Williamson Cattle Company; seconded by Council Member Williams. - City Attorney (Exhibit 1). 11 b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 932 by title only. 2. a) Motion to adopt proposed Ordinance No. 932. b) Public comments and discussion. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER -YEA WATFORD - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 932 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 93, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 932; seconded by Council Member Chandler. Clerk Gamiotea reported by memorandum that Mr. Williamson contacted her earlier today regarding the width of the alleyway. The legal description in the proposed ordinance reads that it is fifteen feet wide. However, preliminary survey work indicates that it is twenty feet wide. In order to clear up the matter, Attorney Cook suggested the width be taken out of the legal description. Council Member Markham moved to amend the legal description in proposed Ordinance No. 932, Section One by deleting "A fifteen foot wide..." and insert "The..."; seconded by Council Member Watford. VOTE ON MOTION TO AMEND KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED TO AMEND. MARCH 7, 2006 - REGULAR MEETING - PAGE 3 OF 14487 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion continued. Block 93 is owned by Williamson Cattle Company, who is requesting to close the East to West alleyway, in order to expand the existing Plaza 300 Complex. The utility 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 until future development of the area is presented. Administrator Whitehall is in agreement with Engineer Bermudez The Council discussed the application at length at both the January 17, 2006 and February7, 2006 meetings. Twenty- nine letters were mailed to surrounding property owners. The City received one letter in support of the applicant's request. Mayor Kirk asked whether there were any questions or comments from the public. There were none. c) Vote on motion. VOTE ON MOTION AS AMENDED KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED AS AMENDED. B.1. a) Motion to read by title only, proposed Ordinance No. 933, regarding Council Member Watford moved to read by title only, proposed Ordinance No. 933, regarding Future Land Use Map Future Land Use Map Amendment Application No. 06-003-SSA, Amendment Application No. 06-003-SSA, submitted by Carl Ferro on behalf of property owners, CR Investments of submitted by Carl Ferro on behalf of property owners, CR Okeechobee, Inc.; seconded by Council Member Williams. Investments of Okeechobee, Inc. - 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.933 by title only. Attorney Cook read proposed Ordinance No.933 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY(SF) TO MULTI-FAMILY(MF); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 933. 111 Council Member Chandler moved to adopt proposed Ordinance No. 933; seconded by Council Member Williams. MARCH 7, 2006 - REGULAR MEETING - PAGE 4 OF 14 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Public comments and discussion. City Planning Consultant, Jim LaRue, reviewed the application and proposed ordinance, which amends the Comprehensive Plan by revising the Future Land Use Map on Lots 14 through 16, inclusive of Block 19, Okeechobee, for property located in the 300 Block of Northwest 12thth Street from SF to MF. The application was submitted by applicant Carl Ferrero, on behalf of property owners, CR Investments of Okeechobee, Inc. The Planning Staff is recommending denial of the application based on the following information: (A) In examining the City's Multi -Family Future Land Use category, approximately 18 acres of land are planned for Multi -Family development. Until development of the surrounding vacant multi -family areas are complete, it seems more logical for the subject property to remain in the Single Family Future Land Use classification until the City's demand for this type of development increases enough to meet its supply. (B) Water and sewer availability would probably not be an issue for this site. However, the impacts on Northwest 15th Street and Northwest 3`d Avenue cannot be determined until full development of the adjacent properties has occurred. (C) The existing single family uses to the North and East would not be benefitted by allowing this conversion. There are plenty of multi -family uses to the West and South of the subject property. Future Land Use designation to the North is SF, to the South and West is MF, and the East is SF and C. The zoning is RMF to the North, South and West, to the East is RMF and C. The City has more than enough vacant land being developed for multi -family use. (D) As stated earlier, this amendment is not necessary at this time. Considering that the City's population increases by approximately 100 person per year, the Multi -Family Future Land Use category has enough land to accommodate the population. The Land Planning Agency discussed the application at their February 28, 2006 meeting, and unanimously voted to recommend approval of the application. Mayor Kirk asked whether there were any questions or comments from the public. Mr. Muhammad Nooruddin addressed the Council explaining his intent to purchase the property, which he currently has a contract on. He recently purchased Lots 15 through 18 of Block 15, which is located on the East side of North Parrott Avenue and intends to build a physical therapy office. The subject property is in close proximity to the new facility and his intentions are to build affordable rental/housing for his employees'. He explained that it has been difficult to keep good employees due to the housing and rental situation in Okeechobee. He shared pictures of the subject property, and surrounding areas. Council Member Markham added that on March 15, 2006 this property was before the Council for the same type of request. However, the applicant withdrew their application. The Council was not in favor of the map change at that time. Since then a duplex was built to the South, which is part of the justification for recommending approval by the applicant and the LPA. Block 19 is split in half with single family to the North, multi -family to the South and an alleyway separating them. He stated that he agreed with Mr. LaRue and was not in favor of approving the application since it would create the only multi -family land use to the North of the block. MARCH 7, 2006 - REGULAR MEETING - PAGE 5 OF 14489 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Public comments and discussion comments continued. c) Vote on motion. Mayor Kirk remarked that he went to the property, there are several types of uses within a small area, he did not have a problem with the application, and offered single family or multi -family, would fit in the location. Council Member Chandler noted that multi -family dwellings are not what they use to be, many are built to look like single family residences, he agreed with the Mayor that either use would work. Council Member Watford agreed with Mr. Markham's comment in regards to keeping the consistency of each half of the block, however, the Mayor offered valid points regarding the mixed uses within the area, he questioned whether changing the use would make the situation better or worse? Council Member Williams stated that the Council has seen a lot of rezonings but not a lot of building, agreeing that affordable housing is still a problem. Noting the LPA's struggle through this application as well, she agreed that the application should be approved. Mr. LaRue added, you can see how tough this application was. There are commercial uses, three single family lots and multi -family lots. It is even tougher once you actually see the multi- family dwelling built there, and all of these uses are within the same block. VOTE KIRK - YEA MARKHAM - No WILLIAMS - YEA CHANDLER - YEA WATFORD - NO MOTION CARRIED. C.1. a) Motion to table the final reading and adoption of proposed The applicant, Malissa Morgan, for Comprehensive Plan Future Land Use Map Small Scale Amendment No. 06-004- Ordinance No. 934 until April 4, 2006 - City Attorney (Exhibit 3). SSA submitted at request to the Land Planning Agency to postpone the review of her application until the March 28, 2006 meeting. However in order to meet deadline and advertising requirements, the proposed ordinance was already advertised, causing the request to postpone action on the ordinance as well. Council Member Chandler moved to table the final reading and adoption of proposed Ordinance No. 934 until April 4, 2006; seconded by Council Member Watford. b) 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. 935 amending Council Member Williams moved to read by title only, proposed Ordinance No. 935 amending Future Land Use Map Future Land Use Map Amendment Application No. 06-005-SSA, Amendment Application No. 06-005-SSA, submitted by property owners, Bennie C. and Laura K. Sims; seconded by submitted by property owners, Bennie C. and Laura K. Sims - City Council Member Watford. Planning Consultant (Exhibit 4). 11 MARCH 7, 2006 - REGULAR MEETING - PAGE 6 OF 14 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. D.1. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No.935 by title only. 2. a) Motion to adopt proposed Ordinance No. 935. b) Public comments and discussion. VOTE KIRK - YEA MARKHAM - NO WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 935 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITYOF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." Council Member Chandler moved to adopt proposed Ordinance No. 935; seconded by Council Member Williams. Mr. LaRue reviewed the application and proposed ordinance amending the Comprehensive Plan by revising the Future Land Use Map on Lots 5 and 6 of Block 205, First Addition to Okeechobee, for property located at 203 Southeast 2nd Avenue from SF to C. The application was submitted by property owners, Bennie C. and Laura K. Sims. The Planning Staff is recommending denial based on the following criteria: (A) Single Family neighborhoods should be protected from intrusive land use types which generate traffic and other activities inconsistent with the quiet residential character of the area. The applicant's request for a Commercial Future Land Use category is inconsistent with the Comprehensive Plan. Policy 2.4 states that the City must establish compatibility criteria for adjacent land uses. If approved, the proposed Commercial category at this location would be contrary to the intended use of commercial areas as prescribed by the Comprehensive Plan and the Land Development Code. (B) If approved, adequate public facilities will be available to the site. (C) The requested Map amendment is compatible with adjacent uses to the west of the subject property. However, it is not deemed compatible with the residential neighborhood in which it is located. Nearby commercial uses have more direct access to roadways, which serves the commercial uses located along them (such as, Parrott Avenue and Park Street). Approval of the Commercial Future Land Use category could cause potentially more commercial traffic in the neighborhood as a result of any number of more intense commercial uses, which would be permitted to operate at this site. (D) The proposed map change will cause more intensive uses than the other existing and future land uses in this neighborhood. The application was reviewed and discussed at length by Land Planning Agency at their February 28, 2006 meeting, their unanimous recommendation is for approval. MARCH 7, 2006 - REGULAR MEETING - PAGE 7 OF 14491 1 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. D. 2. b) Public comments and discussion continued. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. VII. NEW BUSINESS. A.1. a) Motion to read by title only, and set March 21, 2006 as final public hearing date for proposed Ordinance No. 936 regarding Rezoning Petition No. 06-002-R, submitted by property owner William Jason Tomlinson to rezone Lots 6 -10 and Lots 16 - 20 of Block 66, Okeechobee, from Holding (H) Zoning District to Residential Multiple Family (RMF) - City Planning Consultant (Exhibit 5). Mayor Kirk asked whether there were any questions or comments from the public. Mr. Sims addressed the Council explaining that he and his wife purchased the 1920 something residence and have been renovating it into an accounting office. They are trying to keep the structure intact. The exterior of the building continues to look like a residence. He stated further that they understand that they have to bring the building up to today's codes and meet all requirements. Council Member Watford stated he could appreciate the Planning Staff's dilemma in their recommendation. The West side of Parrott Avenue tends to be moving toward commercial in both the first and second blocks. However, the Southeast section has not had as much movement toward commercial within the second block. This is a very important step because, if approved, there will be more requests to do the same. Council Member Markham added that we know we are going to have to make this type of change at some point, however, he did not think now is the time. It will be difficult for the second blocks to meet parking requirements, and there is not any on -street parking to fall back on. He stated that he was again in agreement with the City Planner to deny the application. Council Member Chandler noted that only one surrounding property owner submitted any type of objection. Council Member Williams commented that she agreed with commercial going into the second block, since we have done this in the Southwest and Northeast sections, adding that businesses need some place to go to. VOTE KIRK - YEA MARKHAM - NO WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:38 P.M. Council Member Watford moved to read by title only, and set March 21, 2006 as final public hearing date for proposed Ordinance No. 936 regarding Rezoning Petition No. 06-002-R, submitted by property owner William Jason Tomlinson to rezone Lots 6 - 10 and Lots 16 - 20 of Block 66, Okeechobee, from Holding (H) Zoning District to Residential Multiple Family (RMF); seconded by Council Member Williams. MARCH 7, 2006 - REGULAR MEETING - PAGE 8 OF 14 VII. NEW BUSINESS CONTINUED. A.1. b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 936 by title only. Attorney Cook read proposed Ordinance No. 936 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A' CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING (H) ZONING' DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Council Member Markham moved to approve the first reading of Council Member Markham moved to approve the first reading of proposed Ordinance No. 936; seconded by Council proposed Ordinance No. 936; seconded by Council Member Member Williams. Williams. 11 b) Discussion. Mr. LaRue reviewed the application and proposed ordinance, which amends the Zoning designation from H to RMF for property located at 703 Northwest 91h Avenue. The application was submitted by property owner William Jason Tomlinson. The Planning Staff and Planning Board are recommending approval based on the following criteria: (1) The proposed use is not contrary to the Comprehensive Plan requirements. The Multi Family Land Use classification permits this type of development at a maximum destiny of 10 units per acre. As such, the applicant would be allowed to develop the property with no more than 16 multiple family units. (2) Section 90-192(3) allows multiple family dwellings as a permitted use. (3) The proposed use and zoning may benefit the public interest of the City. (4) The subject property had adequate access to a functioning street and is surrounded by uses, which are compatible with the applicant's request. (5) The proposed use, if properly maintained, should benefit adjacent property values and help to encourage improvement to the neighborhood. (6) If required, the proposed use can be suitably buffered from the surrounding uses. This will be discussed at the site plan review phase. (7) Given the size of the development and the density that could be allowed, the impact on the public facilities will be minimal. (8) The development being proposed for this site will not create traffic congestion. If any drainage issues exist, the Building Official will evaluate them prior to issuing a certificate of occupancy. (9) The only restrictions on the property are those set forth in the Comprehensive Plan and Land Development Code. (10) There will not be a special privilege granted if this application is approved. MARCH 7, 2006 - REGULAR MEETING - PAGE 9 OF 14493 �l VII. NEW BUSINESS CONTINUED. A. 2. c) Vote on motion. B.1. a) Motion to read by title only, and set March 21, 2006 as a final public hearing date for proposed Ordinance No. 937 regarding Rezoning Petition No.06-004-R, submitted by property owners Bennie C. and Laura K. Sims to rezone Lots 5 and 6 of Block 205, First Addition to Okeechobee, from Residential Multiple Family (RMF) to Commercial Professional Office (CPO) - City Planning Consultant (Exhibit 6). VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Council Member Watford moved to read by title only, and set March 21, 2006 as a final public hearing date for proposed Ordinance No. 937 regarding Rezoning Petition No.06-004-R, submitted by property owners Bennie C. and Laura K. Sims to rezone Lots 5 and 6 of Block 205, First Addition to Okeechobee, from Residential Multiple Family (RMF) to Commercial Professional Office (CPO); seconded by Council Member Williams. b) Vote on motion to read by title only and set final public hearing date. III VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney Cook to read proposed Ordinance No. 937 by title Attorney Cook read proposed Ordinance No. 937 by title only as follows: "AN ORDINANCE OF THE CITY OF only. OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OFLAND MORE PARTICULARLYDESCRIBED HEREIN, FROM RESIDENTIAL MULTI -FAMILY (RMF) ZONING DISTRICT TO COMMERCIAL, PROFESSIONAL, OFFICE (CPO) ZONING DISTRICT, AMENDING THEZONINGMAPACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITYANDAN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 937. III Council Member Markham moved to approve the first reading of proposed Ordinance No. 937; seconded by Council Member Chandler. b) Discussion. The initial request by the applicant was for a change to Light Commercial. The Planning Staff requested denial of the application. However, during the lengthy discussion at the Planning Board Meeting (February 28, 2006), the Board agreed to recommend approval, but only for Commercial Professional Office rather than the Light Commercial. Planning Staff agreed as well and with the change, would recommend to approve the application. The applicants agreed to the change. The Council thanked the Planning Board for their recommendation of CPO. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. MARCH 7, 2006 - REGULAR MEETING - PAGE 10 OF 14 VII. NEW BUSINESS CONTINUED. C. Discussion pertaining to School Concurrency - Dr. Pat Cooper, Okeechobee School Board Superintendent. Dr. Pat Cooper, Okeechobee County School Board Superintendent gave a presentation pertaining to school concurrency, which is intended to forge a tighter link between development and school capacity. It is a pay as you grow plan. All local governments must adopt consistent public school facilities element (PSFE). Ee have a deadline of July 8, 2008. All local governments and the school board must update their interlocal agreement. If not adopted, Local Government can be precluded from adopting plan amendments which increase residential density. The School Board would be subject to sanctions involving the withholding of construction funds. Interlocal Agreement. The purpose of the agreement is to assure a uniform school concurrency system and to serve as a starting point for the development of the PSFE. Requires a consensus on levels of service standards. Concurrency service areas, maximum utilization of capacity, annual adoption of public schools capital facilities program, options for proportionate -share mitigation, and implementation and procedures. A single interlocal agreement is encouraged. It is to be submitted to DCA prior to or at same time as comprehensive plan amendments and is subject to compliance review. Public School Facilities Element. All non-exempt local governments must adopt a PSFE. The purpose is to ensure that public school concurrency system is based on appropriate and relevant data and analysis and that consistent goals, objectives, and policies are adopted. The Element must address correction of existing deficiencies, ensure adequate school capacityforthe 5-yearand long term planning periods. Coordinate school location with residential development, ensure necessary supporting infrastructure, include options for proportionate -share mitigation, and procedures for school site selection. It must include maps of general locations of schools for 5-year and long term periods. Capital Improvements Element. We must incorporate a financially feasible public school capital facilities program established in conjunction with school board. Incorporate level of service standards, update public school capital facilities program annually. Intergovernmental Coordination Element. We must satisfy requirements for intergovernmental coordination. The Comprehensive plan must be coordinated with plans of school board. Establish joint processes for population projections and school sitting. Established in conjunction with school board a Level of Service Standards. They must be district wide and apply to all schools of the same type: cannot have different level of service standards for different types of schools. These are incorporated into Capital Improvements Element. MARCH 7, 2006 - REGULAR MEETING - PAGE 11 OF 14495 VII. NEW BUSINESS CONTINUED. C. Discussion pertaining to School Concurrency continued. In conclusion, Dr. Cooper explained that once the County, City and School Board have the impact fee study results, she will be obtaining copies of pilot study information from Palm Beach County, then we will know what we need to change in our interlocal agreement. Mayor Kirkand the Council thanked Dr. Cooperfor hertime and information. There was no official action taken on this item. D. Motion to approve a 20 percent parking reduction for Therapy Council Member Chandler moved to approve a 20 percent parking reduction for Therapy Center of Okeechobee, Inc. Center of Okeechobee, Inc. and Okeechobee Fitness Center and Okeechobee Fitness Center located at 306 and 308 Northeast 3`d Street; seconded by Council Member Markham. located at 306 and 308 Northeast 3`d Street - Donna Durand, Owner (Exhibit 7). The Technical Review Committee (TRC) reviewed the parking requirements for this site at the February 22, 2006 meeting. Their recommendation was for approval after Ms. Durrand supplied the City with an executed parking agreement with the Okeechobee Church of God; post parking signs and add an insert explaining the parking regulations to the membership applications. Attorney Cook advised that he reviewed the parking agreement and that it was sufficient. A copy of the TRC minutes and the parking agreement were enclosed in Exhibit Seven. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. E. Discussion pertaining to the Commerce Center - Travis Chambers, Discussion pertaining to the Commerce Center with Travis Chambers of Adron Fence was withdrawn from the agenda. Adron Fence. F. Motion to approve the 2005-2006 Roadway Improvement Bid - The City held a Bid Opening on December 15, 2005 for the 2005-2006 Fiscal Year Roadway Improvements. Public Works Director Donnie Robertson (Exhibit 8). Companies who submitted a bid were: Better Roads of Lake Placid, Inc. - $681,544.50. Ranger Construction - $703,346.85 and Dickerson Florida, Inc. - $768,667.00. Staff is recommending the low bidder, Better Roads. Council Member Watford moved to approve the 2005-2006 Roadway Improvement Bid to Better Roads in the amount of six hundred eighty-one thousand, five hundred forty-four dollars and fifty cents ($681,544.50); seconded by Council Member Markham. Administrator Whitehall advised that the bid exceeds the budgeted amount therefore change orders will be presented to the Council for approval at a later date. Construction is scheduled to begin at the end of the month and should take approximately four to six months to complete. goo MARCH 7, 2006 - REGULAR MEETING - PAGE 12 OF 14 VII. NEW BUSINESS CONTINUED. F. Motion to approve the 2005-2006 Roadway Improvement Bid III The following are the streets included in the bid: continued. Southeast 4th Street (from 10th to 13th Avenues) Southeast 9th Avenue (from 7th to 9th Streets) Southeast 8th Drive (from 10th to 15th Streets) Southeast 14th Street (from 8th Drive to 9th Avenue) Southeast 14th Court (from 8th Drive to 9th Avenue) Southeast 3rd Street (from 8th Avenue to 8th Drive) Southwest 21 st Street (from South Parrott/Hwy 441 to 7th Avenues) Southwest 7th Avenue (from 9th to 15th Streets) Southwest 5th Street (from 11th to 12th Avenues) Southwest 4th Street (from 11th to 12th Avenues) Southwest 3rd Street (from 10th to 12th Avenues) Northwest 2nd Street (from 7th to 11th Avenues) Northwest 3rd Street (from 7th to 11th Avenues) Northwest 7th Street (from 11th to 12th Avenues) Northwest 10th Avenue (from North Park/SR 70 to 6th Streets) Northwest 4th Avenue (from 4th to 5th Streets) Northwest 2nd Street (from North Parrott/Hwy 441 to 4th Avenues - Parking Block Only) Northwest 3rd Street (from North Parrott/Hwy 441 to 4th Avenues - Parking Block Only) Northeast 4th Street (from North Parrott/Hwy 441 to 6th Avenues) Northeast 4th Avenue (from 2nd to 7th Streets) Northeast 3rd Avenue (from 6th to 7th Streets) Northeast 2nd Avenue (from 2nd to 3rd Streets) Southwest 12th Avenue (from 2nd to 4th Streets - Amended to 1 lane) Southwest 12th Avenue (from 3rd to 4th Streets - Guardrail) Southeast 9th Avenue (from 11th to 14th Streets) Southeast 8th Avenue (from 8th Street to City Limits) Southwest 7th Avenue (from 15th Street to City Limits) Southwest 7th Avenue (from 6th to 9th Streets) Southwest 10th Drive (from 11th to 15th Streets) South Park Street, West (from 7th to 11th Avenues) Northwest 11th Avenue (from 3rd to 7th Streets) MARCH 7, 2006 - REGULAR MEETING - PAGE 13 OF 14497 1 VII. NEW BUSINESS CONTINUED. F. Motion to approve the 2005-2006 Roadway Improvement Bid continued. G. Consider a 90-day worker's compensation leave benefit for Firefighter Phil Conroy - Chief Herb Smith (Exhibit 9). H. Motion to approve Temporary Street Closings for the Chamber of Commerce 2006 Festivals - City Clerk (Exhibit 10). 1. Speckled Perch, March 11-12, 7:00 a.m. to 4:30 p.m., Southwest 2nd, 3rd 4m 5`h and 6`h Avenues between North and South Park Streets. 2. Labor Day, September 2 -4, 7:00 a.m. to 4:30 p.m., Southwest 2nd, V, 0 and 5`h Avenues between North and South Park Streets. Northwest 8th Street (from North Parrott/Hwy 441 to 2nd Avenues) Northeast 6th Avenue (from North Park/SR 70 to 6th Streets) Northwest 2nd Street (from North Parrott/Hwy 441 to 3rd Avenues) VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Chief Smith advised that Firefighter Phil Conroy was injured on the job on December 10, 2005. He has been out on workers' compensation since that time, and according to the medical information he has submitted, will continue to be out for several additional weeks. According to the Personnel Policies and Procedures, the Department Head has submitted leave sheets for the City to make up the difference in his salary between what workers compensation has paid in order for him to receive a full salary each week. A 90-day extension would now have to be approved by the City Council for the City to continue making up the difference. Council member Chandler moved to grant a 90-day worker's compensation leave benefit for Firefighter Phil Conroy (beginning March 10 through June 10, 2006)• seconded by Council member Williams. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Council Member Markham advised that representatives of the Hamrick Trust requested that the City not take any action on the Temporary Street Closings for the Labor Day and Christmas Parade, until after the Green Market is discussed which is scheduled to be on the May 2nd Agenda. Council Member Watford noted, as long as Staff knows we are responsible for putting them back on the agenda. Council Member Markham responded, right, and they (Hamrick Trustees) just want to wait until after the park items are discussed at the May 2, 2006 meeting. Council Member Watford moved to approve Temporary Street Closing for the Speckled Perch Festival, March 11`h through 12`h, from 7:00 a.m. to 4:30 p.m., for Southwest 2nd, 3`d 4`h 5`h and 61h Avenues between North and South Park Streets, as submitted by the Chamber of Commerce; seconded by Council Member Williams. MARCH 7, 2006 - REGULAR MEETING - PAGE 14 OF 14 VII. NEW BUSINESS CONTINUED. H. Motion to approve Temporary Street Closings for the Chamber of Commerce 2006 Festivals continued. 3. Christmas Parade, December 9, 6:00 p.m. to 8:00 p.m. Southwest 2"d, 3'd and 4`h Avenues between North and South Park Streets. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Motion to approve a Temporary Street Closing request by First Council Member Chandler moved to approve a Temporary Street Closing request by First Baptist Church for the Fall Baptist Church for the Fall Festival, October 31, 8:00 a.m. - Festival, October 31 s`, from 8:00 a.m. until Midnight, for Southwest 6'h Avenue between North and South Park Streets; Midnight, SW V' Avenue between North and South Park Streets - seconded by Council Member Markham. City Clerk (Exhibit 11). VIII. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. e* /1Z James E. Kirk, Mayor ATTEST: Lan6-',GamIotea,tMC, City Clerk VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 7:30 P.M. The next regularly scheduled meeting is March 21, 2006. ArrIDAVIT yr VUbL15I1EK OKEECHiEE TIMES 106 S.E. Sth St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a Notice of City Council Meeting PO #013031 in the matter of Cily 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 03/02/2006 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. James A. Hfighes, Jr., (Publisher) Sworn to and subscribed before me } this L, AkK day of A.D. 2006 (SEAL) Notary Public -------------- --------- CITy COUNCIL REGULAR MEETING NOTICE NOTICE IS HEREBY GIVEN that the City Coawil of City of Okeechobee will meet in Regular Session on Tuesday, March 7, 2006, 6:00 p.ra., at City Hall, 55 SE 3rd Ave., Rm. 200, Okeechobee, Florida. The public is invited and encouraged to attend. For a ropy of the agenda contact City Administration at (863) 763-3372 x 212. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to ap- peal any decision made by the City Council with respect to any matter considered at this .ling, such interested person will need a record of the proceedings, and for such pur- pose may need to ensure u verbatim record of the proceedings is mode, which record.in- cludes the testimony and evidence upon which the appeal is to be based. Tapes are used for the sole purpose of back-up for the Cle'V5 Office. - In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 296.26, persons with disabilities needing spe- ciw accommodation to participate in thfs pro- ceeding should contact Lane Qanuotea, no later than two (2) working days prior to the proceeding at 863-763=3372 x 214; if you are hearing or voice impaired, call TDD 1-800- 222-3"8 (voice) or 1-888-447-5620 (TTY). by: James E. Kirk, Mayor (sue Gamiotea, CMC, City Clerk PUBLISH OWV2906 OKEECHWEE TIMES Resealee A. Brennan :oQ Expires: .Iu,]n225, 2008 �' OF F-e Bonded -rbru , t t ..I Attantic Bonding Co., Inc. Page -1- Tape side CITY OF OKEECHOBEE - March 7, 2006 - REGULAR CITY COUNCIL MEETING. HANDWRITTEN MINUTES CALL TO ORDER - Mayor: Kirk, March 7, 2006, City Council Regular Meeting_6.00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Al Jaquith First Baptist Church of Basinger; Pledge of Allegiance led by Mayo Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson X X X X X X X X X X X X IV. MINUTES - City Clerk. A. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the February 21, 2006 Regular Meeting and February 28, 2006; seconded by Council Member Williams. There was no discussion on this item. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. V. AGENDA - Mayor. A. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. New Business item E was withdrawn VI. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:03 P.M. A.1. a) Council Member Watford moved to read by title only, proposed Ordinance No. 932, regarding Alley Closing Application No. 78, submitted by Frank Williamson, Jr. - City Attorney (Exhibit 1); seconded by Council Member Williams. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X • • MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. Page -2- c) Attorney Cook read proposed Ordinance No-932 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 93, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Markham moved to adopt proposed Ordinance No. 932; seconded by Council Member Chandler. b) Public comments and discussion. None. Council Member Markham moved to amend proposed Ordinance No 932 by amending the legal description: seconded by Council Member Watford VOTE YEA NAY ABSTAIN ABSENT KIRK K CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: DENIEDJCARRIED. Williamson Cattle Company is the owner of Lots 1 through 12, inclusive of Block 93, Town of Okeechobee, is requesting to close the East to West alleyway in order to expand the Plaza 300 Complex. The applicant requested that Clerk Gamiotea forward their application. The utility 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 until future development of the area is presented. Administrator Whitehall is in agreement with City Engineer Bermudez The Council discussed the application at length at the January 17, 2006 meeting and the first reading was at the February 7, 2006 meeting. 29 letters were mailed. 1 letter in supporting the applicant. d) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. B.1. a) Council Member Watford moved to read by title only, proposed Ordinance No. 933, regarding Future Land Use Map Amendment Application No. 06-003-SSA, submitted by Carl Ferro on behalf of property owner, CR Investments of Okeechobee, Inc. - City Planning Consultant (Exhibit 2); seconded by Council Member Williams. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X Page -3- MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No.933 by title only as follows: "AN ORDINANCE OF THE CITY OFOKEECHOBEE, FLORIDA AMENDING THE CITYOFOKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO MULTI -FAMILY (MF); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Chandler moved to adopt proposed Ordinance No. 933; seconded by Council Member Williams. b) Public comments and discussion. Jim LaRue, City Planning Consultant, this Ordinance amends the Comprehensive Plan by revising the Future Land Use Map on Lots 14 through 16 inclusive of Block 19, Okeechobee, for property located in the 300 Block of Northwest 12thth Street from SF to MF. The application was submitted by applicant Carl Ferrero, on behalf of property owner(s) CR Investments of Okeechobee, Inc. The Planning Staff is not recommending approval based on the following: Planning Staff Report Comprehensive Plan Analysis: (A) In examining the City's Multi -Family Future Land Use category, approximately 18 acres of land are planned for Multi -Family development. Until development of the surrounding vacant multi -family areas are complete, it seems more logical for the subject property to remain in the Single Family Future Land Use classification until the City's demand for this type of development increases enough to meet its supply. (B) Water and sewer availability would probably not be an issue for this site. However, the impacts on Northwest 15th Street and Northwest 3`d Avenue cannot be determined until full development of the adjacent properties has occurred. (C) The existing single family uses to the north and east would not be benefitted by allowing this conversion. There are plenty of multi -family uses to the west and south of the subject property. The City has more than enough vacant land being developed for multi -family use. (D) As stated earlier, this amendment is not necessary at this time. Considering that the City's population increases by approximately 100 person per year, the Multi -Family Future Land Use category has enough land to accommodate the population. The Land Planning Agency recommends to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application 06-003-SSA. Muhammad Nooruddin, intent to purchase land, contract, physical therapy office close by, block showing subject property location in relation to his office. Pictures to Mayor of area. Markham, came up March 15, 2005, same situation, withdrawn by applicant so we didn't have to deny it. Same situation, there is a MF behind it, alley between it, stated then didn't think right to put MF dwelling on same street with single family on road. Agreeing with Mr. LaRue. Markham, highlights of minutes. Triplex had been permitted by building department but was not built then. Kirk, got a block that is split, Dowling, at least consist on each side with alley buffer in there Lowry, right need to keep it consistent Noel, owners on north side of road single family would probably prefer it to remain single family as well. Kirk, really looked at this property, so many things in that small area, mixture in there, don't have a problem with it being changed, can understand it either way. Page -4- Noel, any more it depends how they are built, appearance of it may look like a single family structure, like the Mayor, don't have a problem with it either way, multi family isn't as scary as they use to be. Dowling Mayor brought up a good point mixed uses in this area, what I'm trying to resolved, will this make the situation worse or better? Lowry, one thing I look at, when we do commercial we always try to do in straight line and use either alley or road as a buffer for the next type of zoning district, even though mixed use its in half with each use, don't want to see sf, then MF then sf all within a row, Kirk this is one you can argue with either way and feel comfortable with Williams, seen a lot of rezonings but not a lot of building, since the other is there, our LPA struggled through it as well, sorry Mr. LaRue, LaRue, see how tough this was, commercial, 3 sf lots then MF and tougher when you see the MF dwelling built in there Noel, we're diffidently running out of room of everything. LaRue, right, and your fine either way. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. C.1. a) Council Member Chandler moved to table the final reading and adoption of proposed Ordinance No. 934 until April 4, 2006 - City Attorney (Exhibit 3); seconded by Council Member Watford b) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. D.1. a) Council Member Williams moved to read by title only, proposed Ordinance No. 935 amending Future Land Use Map Amendment Application No. 06-005-SSA, submitted by property owners, Bennie C. and Laura K. Sims - City Planning Consultant (Exhibit 4); seconded by Council Member Watford. b) Vote on motion to read by title only VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No.935 by title only as follows: "AN ORDINANCE OF THE CITY OFOKEECHOBEE, FLORIDA AMENDING THE CITYOFOKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE N0. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON Page -5- A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Chandler moved to adopt proposed Ordinance No. 935; seconded by Council Member Williams. b) Public comments and discussion. LaRue, this Ordinance amends the Comprehensive Plan by revising the Future Land Use Map on Lots 5 and 6 of Block 205, First Addition to Okeechobee, for property located at 203 Southeast 2"d Avenue from SF to C. The application was submitted by property owner(s) Bennie C. and Laura K. Sims. The Planning Staff is not recommending approval based on the following: Planning Staff Report Comprehensive Plan Analysis: (A) Single Family neighborhoods should be protected from intrusive land use types which generate traffic and other activities inconsistent with the quiet residential character of the area. The applicant's request for a Commercial Future Land Use category is inconsistent with the Comprehensive Plan. Policy 2.4 states that the City must establish compatibility criteria for adjacent land uses. If approved, the proposed Commercial category at this location would be contrary to the intended use of commercial areas as prescribed by the Comprehensive Plan and the Land Development Code. (B) If approved, adequate public facilities will be available to the site. (C) The requested Map amendment is compatible with adjacent uses to the west of the subject property. However, it is not deemed compatible with the residential neighborhood in which it is located. Nearby commercial uses have more direct access to roadways, which serves the commercial uses located along them (such as, Parrott Avenue and Park Street). Approval of the Commercial Future Land Use category could cause potentially more commercial traffic in the neighborhood as a result of any number of more intense commercial uses, which would be permitted to operate at this site. (D) The proposed map change will cause more intensive uses than the other existing and future land uses in this neighborhood. The Land Planning Agency recommends to City Council to approve Comprehensive Plan Future Land Use map Amendment Application No. 06-005-SSA. Ben Sims, CPO agreed upon, keeping structure in tact, renovating inside, dead trees down,1920 something home. Dowling, meet parking? Probably bring back. Renovate structure? Roof redone. Will have to meet all of today's codes. Applicant responded right they understood that. Dowling, appreciate LaRue's dilemma, important step, know what happened on the West side, will start on East side, going to C on 2"d block, think of several where we changed some with several residences TAPE 1 SIDE B Like the fact the zoning is following with CPO, appreciate concerns of citizens, haven't been a problem on the west side. Lowry, know we're probably going to have to do it sometime, don't know if its now or not. A lot of homes, does face 2"d Avenue, which is what we've looked at as well. Areas in NE using the same example, this one is just as hard as the MF to me, its been there so long, hate to start moving into those people's lives. Meeting parking requirements is going to be a problem in there no off-street parking, going to have to agree with LaRue on this. Kirk, first to blocks have been just about a given to move into the commercial corridor. Lowry, right, but again don't know if this is the time, Maxwell's house example, parking problem. This block has a T shape alley, don't know if this is the time Noel, only 1 person stated objections at LPA meeting, Williams, agree with the 2 blocks, commercial going to expand, businesses need places to go to. Page -6- c) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:38 P.M. VII. NEW BUSINESS. A.1. a) Council Member Watford moved to read by title only, and set March 21, 2006 as final public hearing date for proposed Ordinance No. 936 regarding Rezoning Petition No. 06-002-R, submitted by property owner William Jason Tomlinson to rezone Lots 6 - 10 and Lots 16 - 20 of Block 66, Okeechobee, from Holding (H) Zoning District to Residential Multiple Family (RMF) - City Planning Consultant (Exhibit 5); seconded by Council Member Williams. b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 936 by title only as follows: "AN ORDINANCE OF THE CITY OFOKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING (H) ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABIL►TY AND AN EFFECTIVE DATE. " 2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 936; seconded by Council Member Williams. b) Discussion. LaRue, this Ordinance amends the Zoning designation from H to RMF for property located at 703 Northwest Vh Avenue. The application was submitted by property owner William Jason Tomlinson. The Planning Staff and Planning Board are recommending approval based on the following criteria: Planning Staff Report Analysis: (1) The proposed use is not contrary to the Comprehensive Plan requirements. The Multi Family Land Use classification permits this type of development at a maximum destiny of 10 units per acre. As such, the applicant would be allowed to develop the property with no more than 16 multiple family units. (2) Section 90-192(3) allows multiple family dwellings as a permitted use. (3) The proposed use and zoning may benefit the public interest of the City. (4) The subject property had adequate access to a functioning street and is surrounded by uses, which are compatible with the applicant's request. (5) The proposed use, if properly maintained, should benefit adjacent property values and help to encourage improvement to the neighborhood. (6) If required, the proposed use can be suitably buffered from the surrounding uses. This will be discussed at the site plan review phase. (7) Given the size of the development and the density that could be allowed, the impact on the public facilities will be minimal. (8) The development being proposed for this site will not create traffic congestion. If any drainage issues exist, the Building Official will evaluate them prior to issuing a certificate of occupancy. (9) The only restrictions on the property are those set forth in the Comprehensive Plan and Land Development Code. (10) There will not be a special privilege granted if this application is approved. c) Vote on motion. Page -7- VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. B.1. a) Council Member Watford moved to read by title only, and set March 21, 2006 as a final public hearing date for proposed Ordinance No. 937 regarding Rezoning Petition No.06-004-R, submitted by property owners Bennie C. and Laura K. Sims to rezone Lots 5 and 6 of Block 205, First Addition to Okeechobee, from Residential Multiple Family (RMF) to Commercial Professional Office (CPO) - City Planning Consultant (Exhibit 6); seconded by Council Member Williams. b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 937 by title only as follows: "AN ORDINANCE OF THE CITY OFOKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MULTI -FAMILY (RMF) ZONING DISTRICT TO COMMERCIAL, PROFESSIONAL, OFFICE (CPO) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 937; seconded by Council Member Chandler. b) Discussion. Agreed upon by applicant for CPO, planning staff agrees. Thank the board for recommending CPO makes an easier sell here. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. C. Discussion pertaining to School Concurrency - Dr. Pat Cooper, Okeechobee School Board Superintendent. July 8, 2008 deadline for Okeechobee to have ours adopted. Concurrency intended to forge a tighter link between development and school capacity. It is a pay as you grow plan. All local governments must adopt consistent public school facilities element. All local governments and the school board must update the interlocal agreement. Local Government precluded from adopting plan amendments which increase residential density. School Board subject to sanctions involving the withholding of construction funds. Update existing interlocal agreement. Purpose of agreement is to assure a uniform school concurrency system and to serve as starting point for the development of the PSFE. Requires consensus on level of service standards, Concurrency service areas, maximum utilization of capacity, annual adoption of public schools capital facilities program, options for proportionate -share mitigation, and implementation and procedures. A single interlocal agreement is encouraged. To be submitted to DCA prior to or at same time as comprehensive plan amendments. Subject to compliance review. Public School Facilities Page -8- Element. All non-exempt local governments much adopt a public school facilities element. Purpose is to ensure that public school Concurrency system is based on appropriate and relevant data and analysis and that consistent goals, objectives, and policies are adopted. Element must address correction of existing deficiencies, ensure adequate school capacity for the 5-year and long term planning periods. Coordinate school location with residential development, ensure necessary supporting infrastructure, include options for proportionate -share mitigation, and procedures for school site selection. Must include maps of general locations of schools for 5-year and long term periods. Capital Improvements Element. Must incorporate a financially feasible public school capital facilities program established in conjunction with school board. Must incorporate level of service standards. Must update public school capital facilities program annually. Intergovernmental Coordination Element. Must satisfy requirements for intergovernmental coordination. Comprehensive plan must be coordinated with plans of school board. Must establish join processes for population projections and school sitting.. Level of Service Standards. Established in conjunction with school board. Must be district wide and apply to all schools of the same type: can have different level of service standards for different types of schools. Incorporative into capital improvements element. TAPE 2 SIDE A Availability standard. School concurrency applies to residential development. Applied at time of site plan, final subdivision approval, or th functional equivalent for a development or phase Dowling, we're very small, some developments, can you tell me what that means, if we have a developer has to do, minimum number of units would apply, larger than 100, we will joint determine that number. We have to be sure school system has capacity, once we have impact fee results, pilot study info then we'll know what we need to change in our interlocal agreement. LaRue, school board advisory member on the LPA in some cities to keep them abreast of these projects, D. Council Member Chandler moved to approve a 20 percent parking reduction for Therapy Center of Okeechobee, Inc. and Okeechobee Fitness Center located at 306 and 308 Northeast 3`d Street - Donna Durand, Owner (Exhibit 7); seconded by Council Member Markham. Change from private health club to regular health club VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. E. Discussion pertaining to the Commerce Center - Travis Chambers, Adron Fence. WITHDRAWN FROM THE AGENDA. F. Council Member Watford moved to approve the 2005-2006 Roadway Improvement Bid to Better Roads in the amount of $681,544.50 - Public Works Director Donnie Robertson (Exhibit 8); seconded by Council Member Markham. 430,000.00. Modified SW 12,n Avenue, extending block of guard rail, going to get our worse areas, yes, what is the time frame? 90 days to accept it, construction concerned, starting at the end of the month, project is 3-4 overlays improvements will be 1-2 months. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. G. Consider a 90-day worker's compensation leave benefit for Firefighter Phil Conroy - Chief Herb Smith Page -9- (Exhibit 9). Chandler/Williams. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. H. Markham, Hamrick Trust requested we hold on Labor Day and Christmas. Watford as long as we're responsible for putting them back on the agenda, right they just want to wait until after the park items are discussed at the May 2, 2006 meeting. Council Member Watford moved to approve Temporary Street Closing for the 1) Speckled Perch, March 11 - 12, 7:00 a.m. - 4:30 p.m., SW 2"d, 3`d 0 5'h and 61' Avenues between North and South Park Streets, submitted by the Chamber of Commerce 2006 Festivals - City Clerk (Exhibit 10); seconded by Council Member Williams. DEFERRED UNTIL AFTER MAY 2, 2006 MEETING: 2) Labor Day, September 2 - 4, 7:00 a.m. - 4:30 p.m., SW 2"a, 3ra' 41h and 51h Avenues between North and South Park Streets. 3) Christmas Parade, December 9, 6:00 p.m. - 8:00 p.m., SW 2°d, 3ra and 4`h Avenues between North and South Park Streets. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. I. Council Member Chandler moved to approve a Temporary Street Closing request by First Baptist Church for the Fall Festival, October 31, 8:00 a.m. - Midnight, SW 61h Avenue between North and South Park Streets - City Clerk (Exhibit 11); seconded by Council Member Markham. Watford, any requests on this one? Markham no VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. IX. MAYOR KIRK ADJOURNED THE MEETING AT 7:30 P.M. Page -1;- Tape t side -A- CITY OF OKEECHOBEE - March 7, 2006 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Kirk March 7 2006 City Council Regular Meeting 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Al Jaquith, First Baptist Church of Basinger, Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson IV. MINUTES - City Clerk. t/ A. Council Member moved to dispense with the reading and approve the Summarj of Council Action for the February:j/, 2006 Regular Meeting and February 28, 2006; seconded by Council Member O)fm A VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD LRR L. WILLIAMS MOTION: DENIE V. AGENDA - Mayor. A. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. —n�, g �t -�y xl�. VI. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT P.M. A.1. a) Council Member s moved to read by i Ie,f�� y,, ropose� 0 ' a e No. 932, regarding Alley Closing App ' ation No. 78, submitted by Fr��. - ^y (Exhibit 1); seconded by Council Member W;I�A Page -2- b) Vote on motion to read by title only. VOTE -- YEA _ NAY ABSTAIN -ABSENT -_ KIRK - -- CHANDLER MARKHAM - WATORD _ L. WILLIAMS --—1VI=N. DENIED FRIED. - c) Attorney Cook read proposed Ordinance No.932 by title only as follows: "AN ORDINANCE - -CLOSING,-144CAnNG AND -ABANDONING -THE-ALLEYS _OR ALL€YW4yS-AS-DESCRIBE- HEREIN, WITHINBLOCK93, CITY OFOKEECHOBEE, AS RECORDED IN PLAT BOOK5, PAGE AfPUBLICRECORDS, OKEECHOBEECOUNTY,-FLONUA; ANODIRECTING-THE-CITYCLERK --- TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURTWAND-FOR-OKEECHOBEE--COUNTY, -FLOWA— DATE. PITOVIDlI1TG FOR AN EFFECTIVE " _ - Ia) Council_ Member- -moved- to -adopt proposed -Ordinance- No, -932r--seconded by - Council Member b) Public comments and discussion. Williamson Cattle Company is the owner of Lots 1 through 12, inclusive of Block 93, Town of Okeechobee, is requesting to close the East to West alleyway inarderto expand the Plaza 300 Complex. The applicant requested that Clerk Gamiotea forward their application. The utility companies have signed off on- the--application-without may -objections or--requests--for--easements_ pity -Staff- Public-Works-D reetor - Robertson, Police Chief Davis and Fire Chief Smith have signed off on the application with no objections. City Engineer -Bermudez- is- Trot -recommending approvaf unfit-future--develupment--of the-aTea-is -Msented.- -- -- - - - Administrator Whitehall is in agreement with City Engineer Bermudez The Council discussed the application at length at the January 17, 2006 meeting and the first reading was at. the February 7, 2006 meeting. --------- VOTE YEA NAY ABSTAIN ABSENT CHANDLER MARKHAM -- WATFORD_- - - --- - L. WILLIAMS _ -- - -----MAT10N_ -W--M- -w-n _ - Page -3- B.1. a) Council Member 1, moved to read by title only, proposed Ordinance No. 933, regarding Future Land -Use Wp Amendment Application No. 06.003-SSA, submitted by Carl Ferro on behalf of property owner, CR Investments of Okeechobee, Inc. - City Planning Consultant (Exhibit 2); seconded by Council Member U)/h� b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED RRIED c) Attorney Cook read proposed Ordinance No.933 by title only as follows: "AN ORDINANCE OF THE CITY OFOKEECHOBEE, FLORIDA AMENDING THE CITY OFOKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO MULTI -FAMILY (MF), PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP /N THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE," 2. a) Council Member ' J moved to adopt proposed Ordinance No. 933; seconded by Council Member � r b) Public comments and Oiscussion. Q fz This Ordinance amends the Com rehensive #an�byreviin the Future Land Use p g Map on Lots 14 through 16 inclusive of Block 19, Okeechobee, for property located in the 300 Block of Northwest 12th1h Street from SF to MF. The application was submitted by applicant Carl Ferrero, on behalf of property owner(s) CR Investments of Okeechobee, Inc. The Planning Staff is not recommending approval based on the following: Planning Staff Report Comprehensive Plan Analysis: (A) In examining the City's Multi -Family Future Land Use category, approximately 18 acres of land are planned for Multi -Family development. Until development of the surrounding vacant multi -family areas are complete, it seems more logical for the subject property to remain in the Single Family Future Land Use classification until the City's demand for this type of development increases enough to meet its supply. (B) Water and sewer availability would probably not be an issue for this site. However, the impacts on Northwest 151h Street and Northwest 3d Avenue cannot be determined until full development of the adjacent properties has occurred. (C) The existing single family uses to the north and east would not be benefitted by allowing this conversion. There are plenty of multi -family uses to the west and south of the subject property. The City has more than enough vacant land being developed for multi -family use. (D) As stated earlierl this amendment is not Necessary at this time. Considering that the City'$' population increases by approximately 100 person per year, the Multi -Family Future Land Use category has enough land to accommodate the population. The Land Planning Agency recommends to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application 06-003-SSA. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM j( WATFORD X L. WILLIAMS X MOTION: DENIED/ ARRIED. --- -------- �Jll Page -4- C.1, a) Council Member - moved to table the final reading and adoption of _ Proposed Ordinance No._ 934 until_April -4,2006-- City Attorney Exhibit 3); secondedbyCouncil Member b) Vote on motion. < - _ VOTE _.-1fEA— NAY-- ABSTAIN- ABSENT - - - KIRK f CHANDLER MARKHAM WATFORD - L. WILLIAMS MOTION: DENIP/CARRIED. D.1. a) Council Member- �.1 moved to read by title only, proposed Ordinance_ No. 935 - -- - - amen mg'Future LanTUse Map A-mendmenl Application No. Ob�O5-SSA; submitted by property owners, Bennie C. and Laura K. Sims - City Planning Consultant�Exhibit_4js seconded by Co_�ncil - - - -- - -.-- - _ _ Member b) Vote on motion to read by title only. IOT€ - _ ----Y€A- --NAY--- ABSTAIN- - ABSENT KIRK - - - EHANDLER MARKHAM - - WATFORD _ L. WILLIAMS MOTION: DENIED RRIED: c) Attorney Cook read proposed Ordinance No.935 by title only as follows: "AN ORDINANCE OF THE - - ---- CITY-OFOKfECPIOEE�rL-MD.JAMEMIW-HECfTYflF$K-EECHOBEE-COMPREHENSII c - --- - PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON _ __-- _--- A CERTAWTRACT--OF-LAND-MORE-PAR77CUCARLY IIESCRIBED HEREWFRON(-SINGLE-__ FAMILY (SF) TO COMMERCIAL (C);- PROVIDING FOR INCLUSION OF ORDINANCE ANd REVISED FUTURE LAND USE MAP 11 THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." - - - - -2.a) . - Council Member - - movedtaadoptproposed9rd+nanceNo-435; seeendec#- by Council Member ---- b Public comments and discussion This Ordinance amends the Comprehensive Plan by revisingthe Future Land Use-Maw-Qn Lgts 5 and_6-s�f Block 205, First Addition to Okeechobee, for property located at 203 Southeast 2"d Avenue from SF to C. The -K application was submitted -by property-owner(s)-Bennie-C.-and-Laoraims. - - --- - - The-Rlar r-Sta#fA& not recommending approval -based- on -the Wfow' ►� _-��-staf���rt--- - Comprehensive Plan Analysis: (A) Single Family neighborhoods should be protected from intrusive land - -use tykes iicgenera-te rt affi`c affdoifher acfivi ees mconsis en witfi-ff quiet rest ential ch racter of the area. The applicant's request for a Commercial -Future-Land Usecatergory is inconsistent with the Comprehensive__ -_ Plan. Policy 2.4 states that the City must establish compatibility criteria for adjacent land uses. If approved, ___-- - AlWroposed Commercialcategory-at this_loca#ion_wouldhe contrary -to the commercialareae- - as prescribed by the Comprehensive Plan and the Land Development Code. (B) If approved, adequate public - -- facilities will be available -to the-sL -- The-r . (G}- egpes-ted-Map amendmentts -_. eampattbte wrth adlaoent-uses ta._ _the west of the subject property. However, it is not deemed compatible with the residential neighborhood in -- 1�earby�omrnercial uses Have more 1c `ireaccess �o raa�ways; which serves - commercial uses located along them (such as, Parrott Avenue and Park Street). Approval of the Commercial Future Land Use category could cause potentially more commercial traffic in the -neigh bo-rho-o-d as a result of any. number of more_ intense -commercial -uses, which woukLbe_permitted_to operate--at-this-site- _ (D}_-Thp - - _ ----- - proposed map change will cause more intensive uses than the other existing and future land uses in this neighborhood: - r -------------- Page -5- The Land Pianning Agency recommends to City Council to approve Comprehensive Plan Future Land Use map Amendment Application No. 06-005-SSA. MAYOR KIRK CLOSED THE PUBLIC HEARING AT - D .P.M. VII. NEW BUSINESS. A.1. a) Council Member '' , Ot" moved to read by title only, and set March 21, 2006 as final public hearing date for proposed &dinance No. 936 regarding Rezoning Petition No. 06-002-R, submitted by property owner William Jason Tomlinson to rezone Lots 6 - 10 and Lots 16 - 20 of Block 66, Okeechobee, from Holding (H) Zoning District to Residential Multiple Family (RMF) - City Planning Consultant (Exhibit 5); seconded by Council Member _`% -)/y" b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/ RRIED. c) Attorney Cook read proposed Ordinance No. 936 by title only as follows: "AN ORDINANCE OF THE CITY OFOKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING (H) ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council Member, moved to approve the first reading of proposed Ordinance No. 936; seconded by Council Member b) Discussion. _ `.�/ . Z', - ,- This Ordinance amends the Zoning designation from H to RMFI or proy located AT 703 Northwest 9 to Avenue. The application was submitted by property owner William Jason Tomlinson. The Planning Staff and Planning Board are recommending approval based on the following criteria: Planning Staff Report Analysis: (1) The proposed use is not contrary to the Comprehensive Plan requirements. The Multi Family Land Use classification permits this type of development at a maximum destiny of 10 units per acre. As sdch, the applicant would be allowed to develop the property with no more than 16 multiple family units. (2) Section 90-192(3) allows multiple family dwellings as a permitted use. (3) The proposed use and zoning may benefit the public interest of the City. (4) The subject property had adequate access to a functioning street and is surrounded by uses, which are compatible with the applicant's request. (5) The proposed use, if properly maintained, should benefit adjacent property values and help to encourage improvement to the neighborhood. (6) If required, the proposed use can be suitably buffered from the surrounding uses. This will be discussed at the site plan review phase. (7) Given the size of the development and the.density that could be allowed, the impact on the public facilities will be minimal. (8) The development being proposed for this site will not create traffic congestion. If any drainage issues exist, the Building Official will evaluate them prior to issuing a certificate of occupancy. (9) The only restrictions on the property are those set forth in the Comprehensive Plan and Land Development Code. (10) There will not be a special privilege granted if this application is approved. Page -6-- c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT - KIRK -CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION. GENIE R-1*�- D! B. 11 a) Council - Memberl- moved to read by title only, and set March 21, 2006 as 194 a final pubUcbeariagdate fowoposed-OrdinanceM. 937-repr4JingRozoa4pe0onNo-.V- R, submitted by property owners Bennie C. and Laura K. Sims to rezone Lots 5 and 6 of Block 205, First Addition -to Okeechobee, from Residential Multiple Family (RMFjtcFCommercial P-Ttessionai Office (CPO) - City Planning Consultant (Exhibit 6); seconded by Council Member b) Vote onmotion toread- b title only and set final public hearing -date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER ------MARKHAM­- WATFORD ------ L. WILLIAMS MOTION: DENIED/ ARRIED. c) _Attorney_Cc "ANORDINANCE OFTHE_ ok re adLpposed� Ordinance No. 937 title only low CITYOFOKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING-AZERTAIN TRACT OF-LAND-AWRE-PARTICULARL-Y-DESCRMF-D HEREW FROM RESIDENTIAL MULTI -FAMILY (RMF) ZONING DISTRICT TO COMMERCIAL;, PROFESSIONAL, DFFIC-E-feM---Z&&4G--MTRICT,--AhffMNNG- -THE---ZONING --MAP-- - ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." moved to approve the first reading of proposed Ordinance No. 2. a) Council Member 937; seconded by Council Member b) Discussion. Lao Cflo j2 VOTE YEA NAY ABSTAIN ABSENT CHANDLER WATFORD 1. WILUAMS MOTION- DENIED/ 0 0 Page -7- C. Discussion pertaining to School Concurrency - Dr. Pat Cooper, Okeechobee School Board Superintendent. CI�L) -V-Y�YZ VJ ra ,C/v /� )j 4e" C4,( 161b Vic' Lid _&,a 4 - --- -- ----- - �J�'µ - ----- - ---------- - - ------ ---- -- Page -9- E. Discussion pertaining to the Commerce Center - Travis Chambers, Adron Fence. Page -11- G. Consider a 90-day worker's compensation leave benefit for Firefighter Phil Conroy - Chief Herb Smith (Exhibit 9). vote on motion. - VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED AARRIED. Page -13- I. Council Member- 0 moved to approve a Temporary Street Closing request by First Baptist Church for the Fall Festival, October 31, 8:00 a.m. - Midnight, SW 6'h Avenue between North and South Park Streets - City Clerk (Exhibit 11); seconded by Council Member ���...�..�✓(�.-ra,�t �-' l l,v %t-t' � � a"' �'�'-�`-e. �L1,c.e�o Gam`--P Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK - CHANDLER MARKHAM WATFORD L. WILLIAMS ___.._ ... MOTION: DENIED/ RRIED. IX. MAYOR KIRK ADJOURNED THE MEETING AT -7 % d P.m. CITY OF OKEECHOBEE MARCH 7, 2006 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 5 I. CALL TO ORDER - Mayor: March 7, 2006, City Council Regular Meeting, 6:00 p.m. • 11. OPENING CEREMONIES: Invocation given by Pastor Al Jaquith, First Baptist Church of Basinger; 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 February 7, 2006 Regular Meeting and February 28, 2006 Workshop minutes. MARCH 7, 2006 - CITY COUNCIL AGENDA - PAGE 2 OF 5 V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. A. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a). Motion to read by title only proposed Ordinance No. 932, regarding Alley Closing Application No. 78, submitted by Frank Williamson, Jr. -City Attorney • (Exhibit 1). b) Vote on motion to read by titre only. c) City Attorney to read proposed Ordinance No. 932 by titre only. 2.a) Motion to adopt proposed Ordinance No. 932. b) Public comments and discussion. c) Vote on motion. B.1.a) Motion to read by title only proposed Ordinance No. 933, amending Future Land Use Map Amendment Application No. 06-003-SSA, submitted by Carl Ferro on behalf of property owner, CR Investments of Okeechobee, Inc. - City Planning Consultant (Exhibit 2). • b) Vote on motion to read by He only. y c) City Attorney to read proposed Ordinance No. 933. 2.a) Motion to adopt proposed Ordinance No. 933. b) Public comments and discussion. c) Vote on motion. MARCH 7, 2006 - CITY COUNCIL AGENDA - PAGE 3 OF 5 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED - Mayor. CA.a) Motion to table the final reading and adoption of proposed Ordinance No. 934 until April 4, 2006 -City Attorney (Exhibit 3). b) Vote on motion. D.1.a) Motion to read by title only proposed Ordinance No. 935 amending Future Land Use Map Amendment Application No. 06-005-SSA, submitted by property owners, Bennie C. and Laura K. Sims - City Planning Consultant (Exhibit 4). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 935. 2.a) Motion to adopt proposed Ordinance No. 935. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. VII. NEW BUSINESS. • A.1.a Motion to read by title only and set March 21, 2006 as a final public hearing date for proposed Ordinance No. 936 regarding Rezoning Petition No. 06-002- R, submitted by property owner William Jason Tomlinson to rezone Lots 6 -10 and Lots 16 - 20 of Block 66, Okeechobee, from Holding (H) Zoning District to Residential Multiple Family (RMF) - City Planning Consultant (Exhibit 5). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 936. 2.a) Motion to approve the first reading of proposed Ordinance No. 936. MARCH 7, 2006 - CITY COUNCIL AGENDA - PAGE 4 OF 5 Mi. NEW BUSINESS CONTINUED. A.2.b) Discussion. c) Vote on motion. B.1.a) Motion to read by title only and set March 21, 2006 as a final public hearing date for proposed Ordinance No. 937 regarding Rezoning Petition No.06-004-R, submitted by property owners Bennie C. and Laura K. Sims to rezone Lots 5 and 6 of Block 205, First Addition to Okeechobee, from Residential Multiple Family (RMF) to Commercial Professional Office (CPO) - City Planning Consultant (Exhibit 6). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 937. 2.a) Motion to approve the first reading of proposed Ordinance No. 937. b) Discussion. c) Vote on motion. C. Discussion pertaining to School Concurrency - Dr. Pat Cooper, Okeechobee School Board Superintendent. D. Motion to approve a 20 percent parking reduction for Therapy Center of Okeechobee, Inc. and Okeechobee Fitness Center located at 306 and 308 Northeast 3`d Street - Donna Durand, Owner (Exhibit 7). E. Discussion pertaining to the Commerce Center - Travis Chambers, Adron Fence. F. Motion to approve the 2005-2006 Roadway Improvement Bid - Public Works Director Donnie Robertson (Exhibit 8). G. Consider a 90-day worker's compensation leave benefit for Firefighter Phil Conroy - Chief Herb Smith (Exhibit 9). H. Motion to approve Temporary Street Closings for the Chamber of Commerce 2006 Festivals - City Clerk (Exhibit 10). 1) Speckled Perch, March 11-12, 7:00 a.m. - 4:30 p.m., SW 2"d, 3`d 4th 5th and 6th Avenues between North and South Park Streets. • MARCH 7, 2006 - CITY COUNCIL AGENDA - PAGE 5 OF 5 VII. NEW BUSINESS CONTINUED. H.2) Labor Day, September 2 - 4, 7:00 a.m. - 4:30 p.m., SW 2"', 3'd 4t" and 5" Avenues between North and South Park Streets. 3) Christmas Parade, December 9, 6:00 p.m. - 8:00 p.m., SW 2"d, 3rd and 4t" Avenues between North and South Park Streets. I. Motion to approve a Temporary Street Closing request by First Baptist Church for the Fall Festival, October 31, 8:00 a.m. -Midnight, SW 6t" Avenue betwen North and South Park Streets - City Clerk (Exhibit 11). VIII. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. • • ExHIBIT 1 MARCH 7, 2006 ORDINANCE NO. 932 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 93, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an Alley Closing Application (No. 78) from Williamson Cattle Company of Okeechobee for the closing of a certain alleyway as described in this ordinance to utilize the entire property for future development; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED by the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section ,One. The alleyway described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: A fifteen foot wide alley running East to West, between Lots 1 to 6, and 7 to 12 within Block 93, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5 of the public records of Okeechobee County, Florida; together with Section Two. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Three. This ordinance shall be set for final public hearing the 71h day of March. 2006, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 71h day of February, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk Page 1 of 2 James E. Kirk, Mayor PASSED and ADOPTED on second and final public hearing this 71h day of March, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor Pad e I CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION Note: if property is /n two names by the word "and" both signatures are required (for example: Jim and Jane Doe), SIG ATURE OF PPLICANT: SIGNATURE OF CO-APPLICANT: A /D; �. P nt name:,. I lrar.soh �� Print Name: The foregoing instrument was acknowledged before me this by e YQ.cc1L !�(Jil 11 �irjzsm-, , and , who isrs` onalty known toe or (applicant) (co -applicant) -- who produced as identification and who did (did not) take oath. J, .�.. Notary Public, Commission No. My cormmleaNn 00'fleo Name of Notary typed, printed or stamped) ° D6,n kca - aage4 SVc PI rir �Sb3 ����3� off' Authorized YP Signature' Typed Name & Title --� Phone No. Date Typed Name & Title %l?i4'G R's2*r.° XeG or "-f-Z 14 " 7 - °r Date c /�ENN e�4 G k 1114k 86 3 • i6 3. -LI8 kuthorized Signature Typed Name & Title Phone .No. Date authorized Signature 0 Typed Na e' & '763�9�ha Phone No. Date Qonrrarorl nn1w Pnr rlfir of Okawchnhae & First Addition to CltV of Okeechobee Subdivisions: authorized Slgnatl5Fe Typed Name & Title Phone No. Date Pae Authorized Signature Date Authorized Signature Date Danie Pbberts n, Public WAS Director Typed Name & Title Cbcar Ba mxml city EYgineer Typed Name & Title Authorized Signature Date DEMy Davis, Chief of Police Typed Name & Title Herb Smith, Fire Chief Typed Name & Title Typed Name & Title APPLICATION APPROVED BY: A"" V,g la ors LANE GA 10rEA, CITY CLERK DATE Revised 4/3/03-1.0 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. 011 Z I�IIIIIIUIIUUII�IIIBII�ININ�III�HII �� `� THIS INSTRUMENT PREPARED BY AND RETURN TO: FILE NUN 2004006395 SHARON ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYr FL RECORDED 04/08/2004 09,12:13 Ail• RECORDING FEES 6'.00 DEED DOC 4P200.00 RECORDED BY M Anuez Lake Okeechobee Title Inc 210 NW Park Street Okeechobee, Fl 34972 Property Appraisers Parcel Identification (Folio) Number: 3-15-37-35-001040930-0010, 0040 & 0070 SPACE ABOVE THIS LINE FOR RECORDING DATA THIS. WARRANTY DEED, made the ( day of April, 2004 by: and Theresa Cardone, Tenant in Common, An: unremarried widow as to a 1/8"` interest, Therese Cardone, Tenant irl' Common as Trustee of the Arthur J. Cardone Revocable Trust dated July 31, 1990, as to a 1/8th interest, Robert Cardone Tenant in common as to a 1/8`h interest and Colette Cardone, Tenant in common as to a 1/81h interest, all of whose address is 306 NW.5tb Street; Okeechobee, FL 34972 herein called the grantors, to Williamson Cattle Company, A Florida Corporation whose post office address is P. 0. 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 I, 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 W1 ss 2 Signature Vr Witness #2 Printed Name STATE OF FLORIDA COUNTY OF Theresa Cardone,'Trustee of the Ar hur,J. Cardone Revocable'Trust dated Jul 31,.1990 Theres r Robert Cardone n i_ %7. . / . n v'I 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 EL_ 'Za as•identification. SEAL ' Kallene Robertson + My Oommimon DD173838 Notary Public @Xp4Ma Oeoromber 23, 20% n �� Printed Notary Name My Commission Expires: 11111111110,1111111Ili 111111111111111411111lift "nrlufoal i `^ it . SHARON ROSERTSONI, CLERK- OF CIRCUIT COUI OKEECHOBEE COUNTYr FL RECORDED 04108/2014 09/12213 AN RECORDING FEES 6.00 DEED DOC 4P200i00 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,. [Wade the 7th; day of April, 2,004 by Frank Altobello, Trustee of the Frank Altobellow Charitable Remainder Trust V dated March 9, 2004 whose address is 306 NW .5th Street, Okeechobee, FL 34972 herein called the grantors, to Williamson Cattle Company, A Florida Corporation whose post office address is. P. O: Box 248, Okeechobee, FL 34973, hereinafter called the Grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this, instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the grantors, for and in consideration of the sum of TEN AND 00/100'S ($10.00) , Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto. the grantee all that certain land situate In OKEECHOBEE County, State ofFlorida,,viz.: An.undivided %,, interest in the following property. Lots 1, 2, 4, 5, and 6 and 7.through 12 inclusive, Block 93, TOWN OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 1, Page 10, public`records of Okeechobee County, Florida. Subject to easements, restrictions and reservations of record and to taxes for the year 2004 and thereafter, TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging. or in anywise appertaining. TO HAVE AND TO HOLD, the same In fee simple forever, AND, .the grantors hereby covenant with said grantee that the grantors are lawfully seized of said land in fee simple; that the grantors have .good right and lawful authority to sell and convey said land, and hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances; except taxes accruing subsequent to December 31, 2003. IN WITNESS WHEREOF, the, said grantors have signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Witness #1 Signature N Witness#1 Printed Name Witness. Q. Signature G 4 A re i e- c ¢, fat/ iv- D le_. H 4 Witness #2 Printed.Name STATE OF FLORIDA COUNTY OF OKEECHOBEE q+' a k Altobello, Trustee The foregoing instrument was acknowledged before nie this 71h day of April, 2004 by Frank Altobello who is personally known to me or has produced as identification. SEAL Notary Public ,nr h1% JOHN I- SURDESHAW _ 1 s� q -J '� �,s 4-4-j MY COMMISSION # DP 060157 Printed NotaryName * * E (PIRE& september 25, 2005 M My Commission Expires.: .,1r gp,�dm,uBudget Notary services Fo,O _ • IB I1�1111�1111���81��Il�lAll FI NUM 20050OV723 YOJ e OR BK 00562 PG 0264 SHARON ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY. FL RECORDED 05/06/2005 03:31:51 PH RECORDING FEES 16.50 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 2nd day of February, 2005. NOW, THEREFORE, the undersigned BOARD OF TRUSTEES OF THE INTERNAL _IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, as "GRANTOR", under authority of Section 253.03, Florida Statutes, for and in consideration of the sum of THIRTY-ONE THOUSAND FIVE HUNDRED AND N0/100 DOLLARS ($31,500.00) and other good and valuable considerations, to it in hand paid by WILLIAMSON CATTLE COMPANY, a Florida corporation, whose address is P.O. Box 248, Okeechobee, Florida 34973 as "GRANTEE," has remised, released, conveyed and quitclaimed, and by these presents does remise, release, convey and quitclaim unto GRANTEE, its successors, heirs and assigns forever, all the right, title, interest, claim and demand which GRANTOR may have in and to the following described lands in Okeechobee County, Florida, to -wit: Lots 3, Block 93, Okeechobee City, a subdivision in Sections 15, 16, 21 and 22, Township 37 South of Range 35 East, according to. the plat thereof recorded in Plat Book 1, Page 10,-Public Records of Okeechobee County, Florida (formerly recorded in Plat Book 2, Page 17, St. Lucie County, Florida, public records),. less and except all sovereignty lands. STATE LANDS INVENTORY NUMBER: 47-1026.0 OR 00562 PG 0265 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 Il4PROVE31ENT 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 L day of MAI A.D. 200�. (SEAL) BOARD OF TRUSTEES OF THE BUSH INTERNAI, IMPROVEMENT VERNOR TWS,T;T WD OF THE STATE s ' - CHARLEE CRIST - ATTORNEY GENERAL 'ApP VEIj • 4 TO FORM AND TOM GALLAG .... CHIEF FINANCIAL OFFICER By: (= /f DEP At orney CHARLES H. BRONSON COMMISSIONER OF AGRICULTURE As and Constituting the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA This instrument prepared by; Jill stoyshich Department of Environmental Protection Bureau of Public Lands Administration Division of State Lands 1. - 3900 Commonwealth Blvd_ MS 130 Tallahassee, Florida 32399-3000 Page 2 of 2 Deed No_ 31392 FI mum 200!5009723 OR Sle-- 00562 PG 0264 sHARQH ROBERTSORY.CLERK OF CIRCUIT COURT OY.EECHOEEE CDUNIYP FL RECORDED 05/06/200S 03.31=51 Pn RECORDING FEES 18.50 DEED DOC 220.50 RECORDED BY 11 Anuuz BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA QUITCLAIM.DESII Deed Nurber 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 1?LORIDA did approve this transfer "on. the 2°'8 day of February, 2005. NOW, THEREFORE, the undersigned BOARD OF TRUSTEES OF THE INTERNAL IMPROVM4=T TRUST FUND OF THE STATE OF FLORIDA, as "GRANTOR", wilder authority of Section 253.03, Florida .Statutes, for and in consideration of the sum of THIRTY-ONE THOUSAND FIVE HUNDRED AND 130/100 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.6. 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, heire 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 theireof 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 NETMBER: 4_7-1026.0 i " •' JO) Z_U/ LCJO:J 11. LJ R 0" BK 10056-2 PG 0265 TO HAVE AND To HOLD the above -described lands subject to all outstanding easements, reservations and other interests. SAVING RAID 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 chat is or may be in, on, or under the said land with the privilege to mine - and develop the same. IN TEST3140NY 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 TaqTP llahassee, Florida, on this day of � ,. A.D. 200J. ( SEAL) *rI0_VEUM0rR BOARD OF TRUSTEES OF THE ZWZkRNA?t SIKPROVEMENT T ^sT- OF THE STATE CHARLIE CRIST 3 : ATTORNEY GENERAL ,APP�iO�TO f_ FORM AND e'•� TOM GAL '•.,,,,, CHIEF FINANCIAL OFFICF,R DEP At orney CHARLES H. BRONSON COMMISSIONER OF AGRICULTURE As and Constituting the BOARD OF TRUSTEES OF THE INTERNAL IHkROVEMENT TRUST FUM OF THE STATE OF FLORIDA - This instrument Frepekred by! ai3l acayehich Department.of Environmental Pretectitm eurcau of Public Lands Adminimtrntion D'iviaicm o[ State zsnds 3900 Conlmonseal tb Blvd. MS 130 Tnllahaeete, FXorida 32399-300o Page 2 69 2- Deed No; 31292 3 rIc - 1.23 456 4 32 1 31ft]49g T p 3 TRANSPORTATION ENE. RAWRotAD oluopoo uo0oa opoo�i oogmaa crao�u� aomvua �ooam�-�mg �3:gin s , 20 2, n 4tr 6r. t� yt -V `i`y " LP5 Lu=1-r. t-.- C S ls; I. }} ALLEY CLOSING APPLI(SON NO.78 Z SUBJECT ALLEY s s 4 31 2:j. SURROUNDING CLOSED ALLEYS E SURROUNDING CLOSED STREETS > H i 20 21 4 0i8EEoE am all T 1 98, 7 6 5 4 3 2. 17.16151 d98 7�� 13 �10LA 901 a'46i 6oml sows omoi J-1i loll The Wechobee News P.O. Box 6 keechobee, 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 PUM WnM News, a DAILY Newspaper published at Okeechobee in COf1SIDEW1T00FAD0PM ACIIYOr Okeechobee County, Florida; that the attached copy of advertise beinga +� ,o'c ' t s PIFASE TAK&110TIBretdg3CiM�cJl 1��r ment, op T llarch�73s20�16 at BBbD m or as sogn 1helsafler�le` at C H �3dAve,OkeachabeerR dranilifjm i ICog6idet }l>«I CEsAS Ot�IT- _ OB DPLOtpDA�1N Uri 90D II3 P118 � . .. KEECA0.11 cou° Art HR)II a'al in the matter of Aa of;Uieicam enCnutaped.9s"3Gmd gndin said heair The or000ud ,Or roe"OL may be 1n ES by oWn*s of ft pu he Ip the 6. of the C le* chid requW� ,ui4 s hours, Mon-F Bam-4 Cnil�r . �,ti r��G� ' PLEASE , NOTICE AND, BE ADVISED that A airy pasaf;.destas to appal ai �made�W CaaM B Will RO pect.to rw p at tl sudF person wW need a.ndi 1ha and 1 ksuchpupo�saeu to Ls p 0 L I � l�l rY�-h �n�ad enure a vertie�roY�twrd mad Yd11Cli jdbld by klda ih6 tast6nay and Clink tapes aB "aip c fdre sde'Purpose toronl C lert in the 19th Judicial District of the Circuit Court of Okeechobee Ni accordance'wim'`he'Ms Ynlh DisalyrARtU1Drdf lorlde Stalin '_ " ID pff5t0ft' ttispieceadbq•shouWcorilaU 6anioteaiaiamrthen iiuft� do County, Florida, was published in said newspaper in the issues pilot tp,th -i at 863 763 3372 Q75 N IlearYq a vokx im*W, c ran�Iela of o'1 S88447.5620(11Yj. , Lana 6 GMC, RK a " ii ssor�'zvoc 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 advertise ent for publication in the said newspaper. 1Z1Sworn t and lubscribediie ore me this y / day of� A.D. 20 G 6 Public, State of Florida at Large -7 Art r-tea--- hnu EXHIBIT 2 • i INCH 7, 2006 ORDINANCE NO. 933 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. 06-003-SSA), submitted by Carl Ferrero, on behalf of property owners, CR Investments of Okeechobee, Inc., 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 ll, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land consisting of approximately 0.1565 acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 06-003-SSA, from Single Family to Multi -Family. The Legal Description of Subject Property is as follows: LOTS 14 THROUGH 16 INCLUSIVE OF BLOCK 19, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS Page 1 of 2 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. 933 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 7T" day of March, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the 71" day of March, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 -Date: Fee Paid; 'Obcation Dates: Comprehensive Plan Map Amendment Application Please Check One: mall Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s): ;e )Zor- P'_ Owner mailing address: tit �' L- 3 4 4 "} q =tea Name of applicant(s) if other than owner (state relationship): C.419-L F eW,11t is Applicant mailing address: -S Name of contact person state relationship). Contact person daytime hone(s): eG 3 Fax: / `i y-Ir ✓ Property address/ directions to property: kXX c'iVt %2 � Parcel Identification Number: , y - 3 4 - � ,V_ Ltd\ p - oO\`1 Q - o t y 0 Size of the Property (ux acres): o Current Zoning Designation: rn u=f Current Future Land Use Designation: �O Existing Use of the Property: V/At - ,'. Proposed Future Land Use Designation: �> ?_ Proposed Use of the Property: 4 r Description of Surrounding Properties: !l1-- S r `�T4 LpLt� Cr S � Legal Description of the Property (Lengthy Description May be Attached)` OF o►c orS r H - Cp Uniform Land Use Application (rev. 12/03) Page l of 2 M _j,,"*'-Survey of Property (11" x 14", 20" Scale) ✓ Letter Outlining Request Nam_ Notarized Letter of Owner's Authorization Application Fee (non-refundable) City Location Map I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may Tsult in the summary denial of this application. L"4rt (- W / a?-Ofo Printed Name Date Uniform Land Use Application (rev. 12103) Page 2 of 2 PCNVESTMENTS OF OKEECHOBEINC. 410 SE 2nd Avenue 863-763-0999 Okeechobee, Florida 34974 Fax 863-763-1945 January 27, 2006 TO: City of Okeechobee RE: Land Use Request To Whom It May Concern: We are submitting a Land Use Change application with all of the information we believe you will need. We are requesting a land use change from single family to multi -family. The zoning is already multi -family. The request is due to the land use change approved for the parcel of land adjacent to and south, of our property to multi -family. The owner is constructing a two-story multi- family building that looks down upon our property. Therefore, we believe the best use of the property at this time is also for multi -family, consistent with the neighborhood trend. If you have any questions, please do not hesitate to call. Sincerely; Carl F rrero, VP M. I6 TH STREET ( 70' 1ce i 00a HE s `, ,I O rd�ck a THE T 1 lC IJ � J 11 B1�2ti'ITZ 2d�52 f EIN I I 6, 3 ..I _ __—_------ CITY LIMITS s.i M.N. 15 TN STREET t 70' 1 12 CPO!I :T I70' I I N, x 14 TH STREET- 1100' I __. (1 TH STREET .LIL- 1_---._-- _J 3` F14 , I; �I'i'al:tCu I�i 0 h l' ,1I1 2 1UuB 1 5�5 J 3 2 11 !I.)-Ic'll'll MATER CITY II I INATER �Ir r!6 / 1.PLANT Ir-c. 1 1y I'lT1.521 51 Ilal t I, 5 I 1F , ---__� 5 5 - --- --- — _' _— ----- L_I __�J _—.fit✓-1 _ I _ L -... K. N.13 TH STREET ( 70 1 K F. 13 TH -STREET { 70' I ----� c. 7 n r a 3 c'� L)1211 III 3 q,-� •) -- 1�I (11 I (0 9 H L._L' l i 1-❑I� _ c ° 4 J ! �� A t I`,. .p. 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T S REE �00 1 5 2::.1 I5 5`�d 3@LI 45'�a J �1 6 .4 3 I E 5 .1 1 2 11 li 5f 4':3 2. 5 54 3 ! �9 817. ...Z 31c 1 p.5 J. 2!I(6.5 dJ c I F, d 3 I 6. 6 A -- - _ - L ! 2!°72J19c52 7 y,n 10111' S 2 10111 i 1 112 r N-3 Illfit, i7 ;3 g 15!l!� + 101112 JIII I' P -I1( 11 ° 3 I h.l,l_I J tl- I-11 l r I l l I $! r- J 1 L 6 - --' �'STREET I70' I ,_1 - -�^--1 (-T .-f T..l! T-� 3—) 17 Q �{ Okeechobee County Property Appraiser - Map Printed on 11/15/2004 12:30:11 PM Page 1 of 1 0 TR T ti Emvi NEx Tt# ftsY" �3 Irty: i > E1 S6 r ,ej s `t zFrt IN t.x CITY LIMITS N.E.10 TH STREET s M 1. 43 0 C1 j a 3 p, 4 echobee County Property Appraiser o 17o 340 510 ft .C. "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 lri'EL: S 3-15-37-35-0010-00190-0140 -vaCANT (000000) h CITY OF OKEECHOBEE LOTS 14 15 16 BLOCK 19 R INVESTMENTS OF OKEECHOBEE I LandVal $10,867.00 , Okeechobee BldgVal $0.00 Mail: 10 SE 2ND AVENUE ApprVal $10,867.00 OKEECHOBEE, FL 34974 JustVal $10,867.00 Sales 21WO04 $15,000.00 V / Q Assd $10,867.00 Info 1/812003 $10,000.00 V / Q Exmpt $0.00 Taxable $10,867.00 i rim mrorrnaaon, Last upaateo: -;uizwzuu4, was aenvea Trom aata wnicn was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http://Www.okeechobeepa-com/GISIPrint Map.asp?pjdoahgpkgkrnabomlblchflchmahefdi... 11/15/2004 illllllil'''`�I{lIII!lIIIIIMilllllllllilill{Iilllll FILE NUN 2004001958 Prepared by and return to: OR EK 00522 PG 1666 JOHN D. CASSELS, JR. SHARON ROBERTSONt CLERK OF CIRCUIT COURT OKEECHOBEE COUNT'fr FL Attorney at Law RECORDED 02f05l2004 02:26:05 Ph Cassels & McCall RECORDING FEES 6.00 P.O. Box 968 400 NW Second Street DEED DOC 105.00 Okeechobee, FL 34973 RECORDED BY H Arnold File No.: 1507 Parcel Identification No. 3-15-37-35-0010-00190-0140 (Space Above This Line For Recording Data] Warranty Deed (STATUTORY FORM - SECTION 699.02, F.S.) This Indenture made this 5th day of February, 2004 Between YOLANDA S. HARRISON whose post office address is 704 SE 14th Avenue, Okeechobee, FL 34974 of the County of Okeechobee, State of Florida, grantor`, and CR INVESTMENTS OF OKEECHOBEE, INC., a Florida corporation whose post office address is 410 SE 2nd Avenue, Okeechobee, FL 34974 of the County of Okeechobee, State of Florida, grantee', Witnesseth that said grantor, for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County Florida, to -wit: Lots 14,15, & 16, Block 19, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Property does not constitute the homestead og the Grantor. Subject to restrictions, reservations and easements of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. " 'Grantor' and "Grantee" are used for singular or plurai, as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed aqAxlefivered in c presence: 1 nss-Signature � � TDA S. HARRISON Ist t es Print Name 2nd W State of Florida County of Okeechobee The fore-goin� instrument was,acknowledged b re me this Sth day of ebruary, 2004 by YOLANDA S. HARRISON, who U is personally known or (ghas produced L as identification. [Notary Seal] N to Public Print d Name: ►t - Karin Aunrtrons My Commission Expir MY' arfasfon DD21 ins w Expires July 11. 2W7 0 Letter of Consent The undersigned hereby grant consent to Carl Ferrero to act as agent on behalf of CR Investments of Okeechobee, Inc. in the request for a land use change on our multi -family property. Robert Willson, Managing Director CR Investments of Okeechobee, Inc. STATE OF FLORIDA Carl Fe ero, Managing Director CR Investments of Okeechobee, Inc. STATE OF FLORIDA COUNTY OF OKEE2 or Sworn to ani subscribe(Abefore me this Public — State January 30, 2006 Date ,�OTARcY PUBLIC -STATE OF FLORIDA Teresa C. Sallette Commission # DDS02357 Expires: FS. 13, 2010 Bonded Thru Atlantic Bonding Co., Inc. January, 2006. Personally known to me X and did not take an oath. January 30, 2006 Date NOTARY PUBLIC -STATE OF FLORIDA Teresa C. a ��C..ommisBonded Tlu�u p�an� of January, 2006. Personally known to me X du and did not take an oath. BOUNDARY SURVEY LOCATED IN SECTION 16, TOWNSHIP 37 SOUTH, RANGE 35 EAST TALLAHASSEE MERIDIAN OKEECHOBEE COUNTY, FLORIDA DESCRIPTION Lots 14,. 15, and 16, Block 19, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. 2t,3;`oo sr SURVEYORS NOTES Subject to easements and restrictions of record. Lands described hereon not abstracted by this office. Underground utilities and foundations are not shown. The description shown hereon was provided by the client and/or his/her agent. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. The surveyor did not interview adjoining land owners for unrecorded deeds or easements. Elevations, if any, are based upon assumed datum. Lands shown hereon are in Flood Zone C, as scaled from FEMA FIRM panel no. 120177 02008, dated 2-4-81. Address: NW 12TH STREET, OKEECHOBEE, FL. 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. James R. Almond, PSM Professional Surveyor —Mapper Florida Registration No. LS5081 CERTIFIED TO ONLY THE FOLLOWING PARTIES: Drawn By: TJ C. CR INVESTMENTS OF OKEECHOBEE I JAMENS AL LAND R.BURALMONDbNBPSM TANT 2973 SW 3RD TERRACE OKEECHOBEE, FLORIDA 34974-2684 TEL: (863) 467-5700 FAX: (863) 467-6121 EMAIL: almond®okeechobee.com SCALE: FLDBK/PAGE I REVISIONS 1" = 30' 113/75 PROJECT No. 4246 [SHEET 1 OF 1 MAP OF BOUNDARY SURVEY 5.00' FD 5/8" IR NO ID NUMBER D_ :2 W 0 I � 0 0 O o z ¢ r- s o I 70' R/W - S89'56'51 "E 50.02' M 50.00' P S89.56'51"E NW 12TH STREET 150.06' FORMERLY EIGHTEENTH STREET 50.02' M 50.00' P 0.52 ACRES± TOTAL EDGE OF PAVEMENT 1 ?� O I O 0 L<i o Flo 0 150.06' 150.06' I / LOT 16 o LOT 15 0 0 0 0 0 0 BLOCK19 T OKEECHOBEE PLAT BOOK5, PAGE 5 OKEECHOBEE COUNTY FLORIDA 50.00 P 50.00' P 35.00' 50.02' M 50.02' M SE 9'59'56"E SET 5/8- IRC N89'59'05"W 150.06' M PSM 5081 15' ALLEY 150.00' P I — LOT 17 LOT 18 SURVEY DATE: DECEMBER 29, 2004 1 INCH THIS BAR IS INTENDED TO MEASURE 1 INCH LONG AT THE SCALE SHOWN. IF BAR MEASURES DIFFERENTLY ENLARGE OR REDUCE ACCORDINGLY. 50.02' M 50.00' P LOT 14 50.00' P 50.02' M LOT 19 FENCE CORNER 0.2'E, 0.4'S `C) FD 5/8" IR NO ID NUMBER M CL Ln O 00 10 0 �In CHAINUNK FENCE LOT 13 FENCE CORNER 0.4'E, 2.2'N FD 1/2- IR NO ID NUMBER PREPARED FOR: CR INVESTMENTS OF OKEECHOBEE az� LEGEND M - MEASURED DIMENSION D = DEED DIMENSION P PLAT DIMENSION �1 CM = CONCRETE MONUMENT LOT 20 IRC=-IRON IRONROD ROD WITH CAP WM = WATER METER WV WATER VALVE UP = UTILITY POLE SPRINT = SPRINT L = ARC LENGTH n = CENTRAL ANGLE R = RADIUS DISTANCE CH - CHORD SF - SQUARE FEET GAL = GALLON FD - FOUND PB PLAT BOOK PG = PAGE ORB OFFICIAL RECORDS BOOK RAD = RADIAL NR - NOT RADIAL 1375 Jac n Street, Suite 206 Fort My lorida 33901-2845 Phone: 23 -334-3366 Fax: 239-334-6384 : Email: larue-planningpatt.net Staff Report -Small Scale Comprehensive Plan Amendment Prepared fog: The City of Okeechobee Applicant: CR Investments of Okeechobee, Inc. Petition No. 06-003-SSA Staff Report Applicant: CR Im_-tments of Okeechobee, Inc. Small -Scale Comprehensive Plan Amendment Petition No. 06-003-SSA Applicant/Owner: CR Investments of Okeechobee, Inc. Address: 410 SE 2nd Ave Okeechobee, FL 34974 Contact Person Carl Ferrero Phone Number: 863-763-0999 Fax Number: 863-763-1945 Location: NW 12th Street Legal Description: Lots 14,15, and 16, Block 19, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Request: The applicant requests a change on the Future Land Use Map from Single Family to Multi -Family. The property is 0.517 acres in size. This would allow approximately 5 units as the RMF Zoning and Multi -Family Future Land Use category allows 10 dwelling units per acre. Adjacent Future Land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification: Single Family Zoning District: RMF Existing Land Use: Single Family Residence East: Future Land Use Map Classification: Single Family and Commercial Zoning District: RMF and CHV Existing Land Use: Single Family Residence South: Future Land Use Map Classification Zoning District: Existing Land Use - West: Future Land Use Map Classification: Zoning District: Existing Land Use: Multi -Family RMF Note: on application listed as Triplex. According to Okeechobee property appraiser lot is vacant. Multi -Family RMF Vacant Staff Report 0 Small -Scale Comprehensive Plan Amendment Applicant: CR InAments of Okeechobee, Inc. Petition No. 06-003-SSA The City has experienced several requests to either rezone or reclassify land for multi -family use. Development for multi family use however has not occurred. As such, the City has a surplus of vacant land, which is intended for multi -family use. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. In examining the City's Multi -Family Future Land Use category, approximately 18 acres of land are planned for Multi -Family development. Until development of the surrounding vacant multi -family areas are complete, it seems more logical for the subject property to remain in the Single Family Future Land Use classification until the City's demand for this type of development increases enough to meet its supply. B. Concurrency of Adequate Public Facilities Water and Sewer availability would probably not be an issue for this site. However, the impacts on NW 15th Street and NW 3rd Avenue cannot be determined until full development of the adjacent properties has occurred. C. Compatibility with Adjacent and Nearby Land Uses The existing single family uses to the north and east, would not be benefited by allowing this conversion. There are plenty of multi -family uses to the west and south of the subject property. The City has more than enough vacant land being developed for multi -family use. D. Compliance with Specific Standards of the Plan. As stated earlier, this amendment is not necessary at this time. Considering that the City's population increases by approximately 100 persons per year, the Multi - Family Future Land Use category has enough land to accommodate the population. Analysis and Conclusions The request to amend the Future Land Use Map from Single Family to Multi -Family is not recommended for approval based on the above information. Maps or Diagrams Submitted by: James G. LaRue, AICP February 17, 2006 ►A 2006 - Land 2of6 III. MINUTES CONTINUED. A. Motion to dispense with the reading and approve the Summary of Agency Action for the January 24, 2006 regular meeting continued. • IV. NEW BUSINESS. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 06-003-SSA. Consider a recommendation to the City Council, to change the land use designation for Lots 14-16 of Block 19, City of Okeechobee, from Single Family (SF) to Multi -Family (MF). The subject property is located within the 300 Block of Northwest 12' Street. The application was submitted by Carl Ferrero, on behalf of property owner(s) CR Investments of Okeechobee, Inc. 0 VOTE BURROUGHS - YEA HOOVER - YEA KELLER - YEA LEDFERD - YEA JOHNS - YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. Mr. Jim LaRue of LaRue Planning and Management, City Planning Consultant, briefly reviewed the Staff Report as follows: Planning Staff Report Summary: Mr. Carl Ferrero submitted the application on behalf of the property owners, CR Investments of Okeechobee, Inc., requesting to change on the Future Land Use Map from a Single Family to Multi -Family. The property is located within the 300 block of Northwest 12d' Street. Legal description being: Lots 14 to 16 of Block 19, City of Okeechobee and is 0.517 acres in size. This would allow approximately 5 units as the Residential Multiple Family Zoning and Multi -Family Future Land Use category allows 10 dwelling units per acre. Planning Staff Report Comprehensive Plan Analysis: (A) In examining the City's Multi -Family Future Land Use category, approximately 18 acres of land are planned for Multi -Family development. Until development of the surrounding vacant multi -family areas are complete, it seems more logical for the subject property to remain in the Single Family Future Land Use classification until the City's demand for this type of development increases enough to meet its supply. (B) Water and sewer availability would probably not be an issue for this site. However, the impacts on Northwest 15' Street and Northwest Yd Avenue cannot be determined until full development of the adjacent properties has occurred. (C) The existing single family uses to the north and east would not be benefitted by allowing this conversion. There are plenty of multi -family uses to the west and south of the subject property. The City has more than enough vacant land being developed for multi -family use. (D) As stated earlier, this amendment is not necessary at this time. Considering that the City's population increases by approximately 100 person per year, the Multi -Family Future Land Use category has enough land to accommodate the population. 2006 - Land Planning A2encv - Page 3 of 6 IV. NEW BUSINESS CONTINUED. A. Comprehensive Plan, Future Land Use Map Amendment Application No. III Planning Staff Report Analysis and Conclusions: The request to amend the Future Land Use Map 06-003-SSA continued. from Single Family to Multi -Family is not recommended for approval based on the above information. Mr. Muhammad Noorudin, the prospective buyer, addressed the Agency and explained that he has lived in this area for ten years. He is a Physical Therapist and a co-owner of Big Lake Home Health Services. His concern is affordable housing, stating further that he has a high employee turnover rate due to the fact that they could not find affordable housing in Okeechobee. Mr. Rob Willson, Managing Director of CR Investments of Okeechobee, Inc., addressed the Agency and stated he has been following City Council action regarding the amount of zoning approvals for Multi - Family, but that the previous applicants, Goodbread and Altobello, have not proceeded with their plans, causing a continued need of affordable multi -family dwellings. There were no other comments from the public. The Agency briefly discussed the application. Agency Member McCoy motioned to recommend to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application 06-003-SSA, to change the land use designation from Single Family to Multi -Family; seconded by Agency Member Hoover. VOTE BURROUGHS - YEA HOOVER - YEA KELLER - YEA LEDFERD - YEA JOHNS - YEA MCCOY - YEA WHIDDEN - NAY MOTION CARRIED. The Okeechobee News • P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of ir1t..a•.-t��_ r�� �-E� c ; in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of SE TAKE NOTICE that the Cih Council of the City of Okeechobee. Ronda Tuesday. March 7, 2DD6 at :00 p.m. a as soon tlbreafler Doaeible at 1. 55 SE 3rd Awe.. Okeechobee. R. conduct a PUBLIC HEARtIG on ahid th r to consider 11nal reaft of the Wowtna Ordinance Irdo law: NO. 233, 635 A3 The adkhance is reegqardirq Smal So* Comm pretw0ve Plan Rdure Land Use App ratan No. 06-003-SSA subndlted by Cad Ferrero, an behat of property owner CR Inveshnerds of Okeechobee, Inc. The request is to the Mee Le Use hen Skgle 2th $treeL epdas bamgLot F) for properly loca6 in the Block of Northwest 1 of Black 19, Okeechobee, Plat Book 5, Pate 5, Pub Records. Okeechobe Cou,� Ronda and is appro dmately 0.acre(s). All nhem6es of the are enc�ohaagad to atab and partrdpate In said hearin The proposed Orr1 may be Ihspeehd in its enitirMy by members of the pu lic in the Office of the Ciiy Clerk during regular business hours, Mon-F 8am-4:30pm. m�e� fahaNdays PLEASE TAKE NOTICE AND BE ADVISED that If ary person desires to appeal al decision made by the Cl y Council with respect to any maller considered at t hearing, such interested person will need a record of the proceedings, and f such purpose may road to erhsrmre a verbatim record of the procee" is mad wNch record Inckrdes the tetirmhorry and evidence upon which the appeal is to I based. City Clerk tapes are for the sole purpose of be** for Aclal records In accordance with the Americans with OisabBhy Act (ADA) and Florida Stank 286.26, persons with dnsabililies needing special eccaran0da0on to parkipate this proceeding should coact Lane 6amiotea no tiler than in (2) waling da prior to the proceWi g at 863-763-3372 05; rf hearing or vakx impaired, c Affiant further says that the said Okeechobee News is 111719BON2/240 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. 1 r. i Y Sworn o and subscribe before me this Y" It day of\ A.D. 20 Notary Public, State of Florida at Lar e is EXHIBIT 3 MARcH 7, 2005 ORDINANCE NO. 934 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. 06-004-SSA), submitted by Malissa Morgan, on behalf of property owners, A Child's World Childcare and Preschool, Inc., 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 11, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. The following described land consisting of approximately 0.688 acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 06-004-SSA, from Single Family to Multi -Family The Legal Description of Subject Property is as follows: LOTS 4 THROUGH 6 OF BLOCK 251, FIRST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 11, PUBLIC Page 1 of 2 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. 934 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 7T" day of March, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the 7t" day of March, 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 • 1�1 A Child's World Childcare and Preschool, Inc. 703 SW 6th ST Okeechobee, FL 34974 12 (863) 763-5453 o ��0 City of Okeechobee FEe w a� 2 3 pppp Attn: Ms. Katrina Cook 55 SE 3rd Avenue Okeechobee, Florida 34974-2903 RE: A Child's World Childcare and Preschool\ I I o Petition Nos. 06-003-R and 06-004-SSA �- Dear Ms. Cook: I am in receipt of your letters dated February 21, 2006 and the accompanying staff reports related to the above -referenced applications. Based on that correspondence, we have contacted LBFH, Inc., a local engineering firm, to request assistance in addressing the items listed in the two staff reports. Jeff Sumner (LBFH) has contacted Jim LaRue, and they have agreed that additional time is required in order to adequately address the City's concerns. Therefore, at Mr. LaRue's suggestion, I respectfully request that the two above -referenced petitions be pulled from the agenda for Tuesday evening's meeting. We will contact you in the near future, after further discussions with Mr. LaRue, in order to request a new hearing date. Thank you in advance for your continued assistance in this matter. If you have any questions, please do not hesitate to contact me at your earliest convenience. Sincerely, A Child's World Childcare and Preschool, Inc. Malissa Morgan President G ' [r►t ao L r 1-1 4 c"a 4 a/,Q apoolo LP,4 4- &U.AL et. , l&_AL 4a4- /.p 44(ifl- City of Okeechobee Date Pehhbn (3D �1to } x (a 55/i General Services Department Fee Pazd dunsdi cm s 4 z 55 S.E. 3' Avenue, Room 101 � T �` _ g 2 zf rat xeann Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 tv �ti's .. z sklv PubhcationDates: Fax: (863) 763-1686 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): Chi il rdad Owner mailing address: (' .4okllef L 31KN Name of applicant(s) if other than owner (state relationship): Applicant mailing address: U (JC.) 9 �- Oke v , L q Name of contact person (state relationship): 5 Ur � !`e Contact person daytime hone(s): - S' 3 Fax: 00& -3 ✓ Property address / directions to property: %d 12 a % Parcel Identification Number: J 91 v oo - 4 Size of the Property (in acres): 00& Current Zoning Designation: S x Current Future Land Use Designation: Existing Use of the Property: Proposed Future Land Use Designation:gV Proposed Use of the Property: Do-gea r9- s Description of Surrounding Properties: Legal Description of the Property (Lengthy Description May be Attached): Lv 5 an d 1r c Ko,q )A0 Q�e��ho�Pt! f �Gicu�-o�i,� � � � � �/�� f�.�r� ©�' /'PCry!•C.�PC� : nso %fc � a e // pe, 4 Aeedrds 0,, Uniform Land Use Application (rev_ ]2m03) Page 1 of 2 /v I✓ J Survey of Property (11" x 14", 20" Scale) Letter Outlining Request Notarized Letter of Owner's Authorization J f Application Fee (non-refundable) l City Location Map I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. ffla&5S2D� I Z,5 to Printed Name Date Uniform Land Use Application (rev. 12/03) �10 ro/ o Page 2 of 2 n January 25, 2006 To Whom it May Concern: Come.Pta17 grnendrnenl A Child's World Childcare and Preschool, Inc would like to request a r&AmM to RN +0 Mu I � for parcel identification numbers 3-21-37-35-0020-02510-0040 and 3-21-37-35-0020- ran'' 02510-0060 legally described as lots 4, 5, and 6 of block 251, first addition to Okeechobee. Currently, A Child's World operates a private school on lots 1, 2, and 3 of block 251, first addition to Okeechobee. Recently, A Child's World acquired parcel identification numbers 3-21-37-35-0020-02510-0040 and 3-21-37-35-0020-02510-0060 legally described as lots 4, 5, and 6 of block 251, first addition to Okeechobee and would like to expand the current business to accommodate the needs of the community and the extensive waiting list at the facility. A Child's World is located north of the proposed property for special exception and connects with the property proposed. To the East of the property is Central Elementary, to the west is Sacred Heart Catholic Church, and to the south is a single family residential home. Thank you for your consideration of this matter. Sincerely, P i I' ` V !� S,. AMlss�a-Mo rgan, resident Sharon Poirier, Vice President A Child's World Childcare and Preschool, Inc. 703 SW 6' St Okeechobee, FL 34974 863-763-5453 ® N Sw 4th St n Ss Sw 5th St e� °c'3 o Sw 6th St._ Q 41 f Sw 7th St m Sw Sti i St � Sw 8tY► ct ^-- - - — -- A` )t h St . . sw toin_sc -- 7 AA Zot O 0A 4s Lh LL,0tzTRftj� as o" 7AoG moo, o' �a i3 co �j 0 ->O' (!5 D" V-4 zoo_ o' ' FLOOD ZONE: "X"�`� UNMAPPED SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED IN THE FIELD. I FURTHER CERTIFY THAT THIS SURVEY COMPLIES WITH THE MINIMUM TECHNIC RDS SET FORTH IN CHAPTER 61-G-17-6 BY THE TECH BOAR LAND SURVEYORS PURSUANT TO SECTION . 27 FLORI ATUTES, AND THAT THERE ARE NO ABOVE G ENCRO ER THAN SHOWN. BYl DATE, 2 �� PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION #6427 FRED W. REPASS P.S.M. LEGEND ■ -FOUND CONCRETE MONUMENT -FOUND 5/8' DIA. IRON ROD -6- -EXISTING WIRE FENCE -- -EXISTING CHAINLINK FENCE -EXISTING WOOD FENCE CL -CENTER LINE FFE -FINISH FLOOR ELEVATION PSM -PROFESSIONAL SURVEYOR AND MAPPER R/W -RIGHT-OF-WAY PC -POINT OF CURVE n -DELTA ANGLE L -ARC LENGTH X 0.00 -TYPICAL ELEVATION FIELD. WORK COMPLETED 09/22/05 McINTOSH AND ASSOCIATES SURVEYING & MAPPING 325 SW SOUTH QUICK CIRCLE PORT ST. LUCIE, FLORIDA 34953 (772)878-7568 (office & fax) CERTIF. OF AUTHORIZATION NO. LB7332 LEGAL DESCRIPTION: LOT 4, 5, AND 6, BLOCK 251, FIRST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 11, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA ADDRESS: 702 & 704 SW 7TH AVENUE OKEECHOBEE, FLORIDA SURVEY NOTES: 1. NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OR OWNERSHIP. 3. LAND DESCRIPTION HEREON WAS PROVIDED BY THE CLIENT. 4. BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE. 5. THIS SURVEY NOT TO BE USED FOR FENCE INSTALLATION, SPRINKLER SYSTEMS, SHRUBS, OR ANY OTHER UTILITIES WITHOUT REVERIFICATION OF PROPERTY CORNERS. 6. ELEVATIONS SHOWN HEREON ARE BASED UPON N.G.V.D. 1929. 7. SURVEY NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. 8. DIMENSIONS PREVAIL OVER SCALE. CERTIFIED TO: A CHILD'S WORLD CHILDCARE AND PRE-SCHOOL, INC. OKEECHOBEE ABSTRACT AND TITLE BIG LAKE NATIONAL BANK AND/OR ITS ASSIGNS AS THEIR INTEREST MAY APPEAR BOUNDARY SURVEY REPARED ON THE ORDER OF, BIG LAKE NATIONAL BANK SCALE, DRAWN BYi FILE NO., 1'=30' TMW 1067 1375 Jac n Street, Suite 206 Fort My lorida 33901-2845 Phone: 23 -334-3366 Fax: 239-334-6384 Email: larue-planning(d att. net Siaff Report — Small Scale Comprehensive Plan Amendment prepared for: The City of Okeechobee ApplicoulOwner: A Childs World Childcare and Preschool, Inc. Petition No. 06-004-SSA Staff Report Applicant: A Child's Wt,..d Childcare & Preschool, Inc. Small -Scale Comprehensive Plan Amendment Petition No. 06-004-SSA General Information Applicant/Owner: A Child's World Childcare & Preschool, Inc. Address: 703 SW 6th Street Okeechobee, F134974 Contact Person Malissa Morgan, President Phone Number: 863-763-5453 Fax Number: 863-763-5510 Location: 702 and 704 SW 7th Ave. Legal Description: Lots 4, 5, and 6, Block 251 First addition to Okeechobee, According to the Plat thereof recorded in Plat Book 1, Page 11, Public Records of Okeechobee County Florida. Request: The matter for consideration is for an amendment to the City of Okeechobee's Future Land Use Map from Single Family to Multi -Family to allow a day care facility on the subject property. Based on the size of the property (0.688 acres), this application qualifies under Chapter 163, F. S., as a small-scale amendment to the Comprehensive Plan. Concurrent with this request, the applicant is also requesting a rezoning for the subject property from RSF-1 to RMF. Adjacent Future Land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification: Commercial Zoning District: RMF Existing Land Use: Daycare East: Future Land Use Map Classification: Public Facilities Zoning District: PUB Existing Land Use: Public school South: Future Land Use Map Classification: Single Family Zoning District: RSF-1 Existing Land Use: Single Family Staff Report Applicant: A Child's V46 Childcare & Preschool, Inc. Small -Scale Comprehensive Plan Amendment _ Petition No. 06-004-SSA West: Future Land Use Map Classification: Single Family Zoning District: Holding Existing Land Use: Church The applicant is requesting a Future Land Use Map change from Single Family to Multi -Family to expand an existing day care facility located on lots 1, 2, and 3. The existing use is immediately north of the subject property and, according to the applicant, has 165 students and 5-full time employees. The applicant stated that the new facility will care for approximately 60 pre-school aged children and operate the same hours as the existing facility. This equates to two separate but adjacent facilities with over 220 students at this location_ Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. The applicant's request for a Small Scale Map Amendment to allow a Multi -Family Future Land Use category is inconsistent as it pertains to the intent and use of the Multi -Family category described in the Comprehensive Plan. Policy 2.1 of the Future Land Use Element describes the permitted uses in this district to include apartments, duplexes, single-family dwellings and public facilities. In addition, the Comprehensive Plan also states that the City must prevent expansion of existing land uses, which are inconsistent with the Future Land Use Element. The applicant's day care center to the north has a Commercial Future Land Use category and a RMF Zoning. This, in and of itself, is not in accordance with the provisions of the Future Land Use Element. Specifically, the following objectives and policies: Objective 2: The City of Okeechobee shall continue to ensure that all new development is consistent with the Future Land Use Element. Policy 2.4: The City, through revision of the appropriate land development regulations, shall continue to establish compatibility criteria for adjacent land uses. Objective 3: The City of Okeechobee shall continue to work toward the elimination or reduction in size or intensity of existing land uses and zoning designations which are not consistent with the Future Land Use Element. The subject property would seem to be more consistent with the Comprehensive Plan policies by remaining in the Single Family Future Land Use category and retaining the compatible existing single family dwelling which is currently on the site. The combination of an existing intensive daycare plus a major increase of that intensity would add to possible traffic congestion and circulation difficulties. 2 Staff Report Applicant: A Child's Wt...j Childcare & Preschool, Inc. Small -Scale Comprehensive Plan Amendment Petition No. 06-004-SSA B. Concurrency of Adequate Public Facilities The City's water and sewer service area includes the subject property and adequate public facilities are available. However, impacts on the local roadways cannot be determined at this time. As stated earlier, in speaking with the applicant there are 165 students enrolled in the existing day care and 5 full time employees. The proposed facility will care for another 60 students and the necessary employees. Ingress and egress to the site may create detrimental impacts on roads adjacent to the site, causing them to operate below the adopted level of service standards. No road impact analysis studies have been furnished to refute possible negative traffic impacts. C. Compatibility with Adjacent and Nearby Land Uses The requested map amendment is deemed incompatible with adjacent uses in the area. Except for the public school to the east and the north, the entire area is single- family. If approved, the requested amendments could be perceived as intensifying traffic in this residential area. Because the requested use is only allowed as a s ecial exception, the applicants must also submit a site plan outlining the flow of traffic on the site and showing that adequate parking spaces could be accommodated on the site. D. Compliance with Specific Standards of the Plan. There is no evidence presented to show this property in terms of roadway capacity and compatibility would be best served by changing its Future Land Use Classification to Multi -Family. Analysis and Conclusions The request to change the Future Land Use Classification from Single Family to Multiple Family is not recommended for approval based on the above information. In addition, the applicant's application for a rezoning change from RSF-I to RMF is also being recommended for denial. Maps or Diagrams Submitted by: James G. LaRue, AICP February 17, 2006 2006 - Land Planning Aaencv - Paee 4 of 6 IV. NEW BUSINESS CONTINUED. B. Comprehensive Plan, Future Land Use Map Amendment Application No. 06-004-SSA. Consider a recommendation to the City Council, to change the land use designation for Lots 4-6, Block 251, First Addition to Okeechobee, from Single Family (SF) to Multi -Family (MF). The subject property is located at 702 and 704 Southwest 7`h Avenue. The application was submitted by Malissa Morgan on behalf of the property owner(s) A Child's World Childcare and Preschool, Inc. • C. Comprehensive Plan, Future Land Use Map Amendment Application No. 06-005-SSA. Consider a recommendation to the City Council, to change the land use designation for Lots 5 and 6 of Block 205, First Addition to Okeechobee, from Single Family (SF) to Commercial (C). The subject property is located at 203 Southeast 2nd Avenue. The application was submitted by property owner(s) Bennie C. And Laura K. Sims. • The applicant, Mrs. Morgan submitted a letter requesting that the application be postponed or tabled. She is requiring additional time to address questions Mr. LaRue has in regards to her application. The project engineer, Mr. Jeff Sumner is currently working with Mr. LaRue and his staff on the matter, therefore the March 28, 2006 meeting should be sufficient time. The consensus of the Agency was to grant a time extension for Application No. 06-004-SSA until March 28, 2006. Mr. LaRue briefly reviewed the Planning Staff Report as follows: Planning Staff Report Summary: The matter for consideration is an application, submitted by the property owners, Bennie and Laura Sims, for a Future Land Use Map Amendment from Single Family to Commercial. Based on the size of the property (0.3271 acres), this application qualifies under Chapter 163 of the Florida Statutes as a Small -Scale Amendment to the Comprehensive Plan. The application is also requesting a rezoning change from RMF to CLT for the property. The property is located at 203 Southeast 2' Avenue. Legal Description being: Lots 6 and 6 of Block 206, First Addition to Okeechobee. Planning Staff Report Comprehensive Plan Analysis: (A) Single Family neighborhoods should be protected from intrusive land use types which generate traffic and other activities inconsistent with the quiet residential character of the area. The applicant's request for a Commercial Future Land Use category is inconsistent with the Comprehensive Plan. Policy 2.4 states that the City must establish compatibility criteria for adjacent land uses. If approved, the proposed Commercial category at this location would be contrary to the intended use of commercial areas as prescribed by the Comprehensive Plan and the Land Development Code. (B) If approved, adequate public facilities will be available to the site. (C) The requested Map amendment is compatible with adjacent uses to the west of the subject property. However, it is not deemed compatible with the residential neighborhood in which it is located. Nearby commercial uses have more direct access to roadways, which serves the commercial uses located along them (such as, Parrott Avenue and Park Street). Approval of the Commercial Future Land Use category could cause potentially more commercial traffic in the neighborhood as a result of any number of more intense commercial uses, which would be permitted to operate at this site. (D) The proposed map change will cause more intensive uses than the other existing and future land uses in this neighborhood. The Okeechobee News P.O. Box 639, Okeechobee, Florida 3497 0 (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 r7 .2 a 3 in the matter of r in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of qe V� ayeo Affint further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid not promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn and subscribed fore me this T� day of A.D. 20 0 1 Notary Public, State of Florida at Large TAKE NOTICE that the Cky Council of the Cily of Okeechobee, Rerka hsda ,, March 7, 2006 at 6 00 p.m or as soon tl poss6le at S SE 3rd Ave., Okeechobee, R. conduct a PUBLIC N on and 9 n consider foal readkn of the folbwim Ordnance fro kw: NO. 934 TUBE LAND USE MAP IN THE COMPREHENSIVE PLAN; PRUVIWNO fUR The orE dnan�cEe re�gar Small Scale C nRal thsive Plan fuhre land Use AV cation No. 06-004SSSAA submiled by Malissa Morgan, on behaA of property 0 ers, A Chik's WorldChildcareand Presdnod khrc.(TThee to is to ciwpe prvroNpreeLand rty d al 70i! and 7044 from 7�Cn Aveme Leg descxIplon be Lots 41 6 ah Block 251, First Addition to NW110bee, Plat Book 1, Page Records, Okeechobee, Candy,, PaW and is "zod aley 0.688 acre(s) Ail members.of raid oub8c are erwiaged to atlaM and parlicorle in said hear The nosed Ordrmhce may be inspected in Is wfirety by members d the p lie in the Office of the City Clerk during regular business hours, Mon- PLFAnSE T�Cp�ttAND iBd ADVISED Ns I any Pam desires to appeal decision made 6y tre Cly CoaNiil With respect to mate considered 9 hearing, such intaesed person willneed a recordof the proceedings, and such purpose may need to son a vabahm record of the proceedings Is rr Witch necad khdudes the testimony and evidence upon which the is b based. City Clem tapes ore for the sole purpose ofb P for official record the Clerk In accordance wfth tN Americans with Disability Act (ADA) and Raids Stain 286.26, persons with disabOles nneeft Special acwwcdafim to Pwdd a this proceedino Me g ocshould corded Lane Gamiotea m later than two (2) wori np d jrTDvoice impaW, t-800.2Y2-34e48(vosice)"o) 1-88888-44447-5620 X215; If two" a Lane Gani m, CMC, CITY CLERK • • EXHIBIT 4 MARCH 7, 2006 ORDINANCE NO. 935 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 COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 06-005-SSA), submitted by property owners, Bennie C. and Laura K. Sims, 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 0.3271 acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 06-005-SSA, from Single Family to Commercial. The Legal Description of Subject Property is as follows: LOTS 5 AND 6 OF BLOCK 205, FIRST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 11 AND PLATA BOOK Page 1 of 2 5 PAGE 6, 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. 935 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 7T" day of March, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the 71h day of March, 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 r-1q City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: i 30 Oho Petition No..O(p-t�0�,j'$$A Fee Paid:, Jurisdiction: 1st Hearing: g d 2nd Hearing: 3j 7 p Publication Dates: a 02 Notices Mailed: Comprehensive Plan Map Amendment Application Please Check One: X Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s): Bennie C. and Laura K. Sims -A Owner mailing address: 5001 SE 43rd Trace Okeechobee, FL 34974 !P' P. Name of applicant(s) if other than owner (state relationship): Not applicable I Applicant mailing address: PP g C .: A' N__ Name of contact person (state relationship): Vikki Aaron - agent [flrContact erson daytime hone(s): 863-467-4768 Fax: 467-4618 ✓ Property address / directions to property: 203 SE 2nd Avenue Parcel Identification Number: 3-21-37-35-0020-02050-0050 Size of the Property (in acres): 14, 250 s . f . or 0.3271 acres Current Zoning Designation: RMH P R Current Future Land Use Designation: SF rP Existing Use of the Property: vacant residential E : Proposed Future Land Use Designation: Cb-mmercial R T Proposed Use of the Property: Commercial - professional accounting office Y; Description of Surrounding Properties: commercial and residential Legal Description of the Property (Lengthy Description May be Attached): Lots 5 and 6, Block 205, First Addition to Okeechobee, Florida, according to the plat thereof recorded in Plat Book 1, Page 11, and Plat Book5, Page 6, public records Okeechobee County, Florida. Uniform Land Use Application (rev. 12/03) Page 1 of 2 ✓ Confirmation of Taformation Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 day and may res e summary denial of this application. Laura K. Sims 12/28/05 Signature Printed Name Date Uniform Land Use Application (rev. 12/03) Page 2 of 2 Application for a Comprehensive Plan Map Amendment Ben and Laura Sims Letter Outlining Request Ben and Laura Sims currently own Lots 5 and 6, Block 205, First Addition to Okeechobee, Florida, according to the plat thereof recorded in Plat Book 1, Page 1 and Plat Book 5, Page 6, Public Records of Okeechobee County, Florida. The property is located at 203 SE 2" d Avenue. F The property is currently zoned R1VIlg and lies within the Single Family future land use classification of the adopted comprehensive plan. The applicants wish to establish a commercial professional office for an accounting firm. In accordance with city regulations, a small scale map amendment and a change in zoning will be required. The applicants respectfully request that the Planning Board recommend that the City Council approve the request for a small scale map amendment. - i t 111151H I /P,00 FIE.E Run 1005020633 OR0 102o& RDN ROBERTCLERK OF CIRCUIT CICOURT This Document Prepared By and Return to: DKEECNDBEE CDUNTYr FL RECORDED 09/27/2005 12:53t38 Ph COMELY 6:tMONELY, P.A. - RECORDING FEES 10.00 Tom W C01MLY, III DEED DOC 1085.00 401 N:W. 6TH STREET RECORDED BY L Rucks P.O. DRAWER 1367 OKEECEOBEE, FL 34973-1367 ParoxlIDNumber. 3-21-37-35-0020-02050-0050 Warranty Deed This Indenture, Mada-this 26th dayof September 2005 AD., Between NATHAN G. ALLEN, SR. and ELIZABETH TAYLOR, husband and wife of the County of Lewis , State of Tennessee , grantors, and BENNIE C. SINS and LAURA K. SIMS, his wife whose address is: 5001 SE 43rd Trace, Okeechobee, FL 34974 of the County of Okeechobee , State of Florida , grantees. Witnesseth dot nccGRANTORS,fotaad4a considenationoftlinimmof ------------------------TEN DOLLARS ($10)----------------------- DOLLARS. and other good and valuable wgsidetanon to GRANTORS in band paid by GRANTEES, the receipt whereof is hereby wJmowkdgek have granted, bargained and sold to thrt said GRANTEES and GRANTEES' heirs, successors and assigns forgive ,the following daetihed iud, situate, lying and being in the County of Okeechobee * State of Florida ' - - WV t: Lots 5 and 6, Block 205, FIRST ADDITION TO OKEECHOBEE, FLORIDA, according to the plat thereof recorded in Plat Book 1, Page 11 and Plat Book 5, Page 6, public records Okeechobee County, Florida. ALSO: BEGINNING at this intersection of SE 2nd Avenue (f/k/a Tallahassee Street)and SB 2nd Street (f/k/a Seventh Street) run South along the East border of SE 2nd Avenue (f/k/a Tallahassee Street) to Lot 6 of Block 205, FIRST ADDITION TO OKEECHOBEE FLORIDA; thence Northeasterly along the West side of Lots 5 and 6 of said Block 205 to the South boundary of SE 2nd Street ;f/k/a Seventh street)., thence West along the South border of BE 2nd Street (f/k/a Seventh Street) to the POINT OF BEGINNING. Lying in and comprising a portion of Section 22, Township 37 South, Range 35 East, Okeechobee County, Florida. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 2004. and the grantors do hereby " warrant the title to said land, and will defend the same against htwfal claims of all persons wbomsocver. In Witness Whereof, the -grantors have batnmw set their hands and seats the day and year fast above written. Signed, sealed and delivered in our presence: �aXL T"�'(S-1) EVA N118 C NELY NATHAN G- ALLEN, SR. Witness P.O. Address Post OMee lion K Hohenwald, TN 38462 (Seal) lift ELIZABBft TAYLOR itaBB P.O. Address: Post Office Box 84, Hobenwald, TN 38462 STATE OF FLORIDA COUNTY OF oKEEcnoBEE The fomping iosmtment was wJmmledged before me this 26th day of September , 2005 by NATHAN G. ALLEN, SR. and ELIZABETH TAYLOR, husband and wife who am personally known tomeorwbohave produced their Florida driver's license asidemification. „C 't f4 r au araP/AMAEOMLY " MY �pry MACOl LY EFMDaatZ Notary Public nrattaa My commission Expires: 12 / 12 / 0 8 A.I"&TAYLO-SIM L.—G en,0D4hysy—�1—. anus pstlras"ssss r—ttwo-t MCC �0:tp 0 Ix" 04'0;�"� - 1 0 I,, � -- - x — - ---X Ll .:h'V 41- x \' O -y r x��,oh =—---�--- -- —--icr—k --5�----.f� ------ )r — _.. O \ �06 x' 14,1 s oe x17 00 t uv48 3 �_ I Nv 44.1-3 zj 0 tt,l�l�ctit EOvZ2 1 � tXl�� lee p, r , 1, b t o0 2 t, 2� 4j L� O e_ h �O.fiEl i i— XC,►,oS - X 2,0 t a ' Geu:�; ✓ y _ FLOOD ZONE: X UNMAPPED SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED IN THE FIELD. I FURTHER CERTIFY THAT THIS SURVEY COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61-G-17-6 BY THE FLORIDA BOARD OF LAND SURVEYORS PURSUANT TO SECTION 472.027 FLORIDA'STATUTES, AND THAT THERE ARE NO ABOVE GROUND ENCROACHMENTS OTHER THAN SHOWN. BYr DATE, I e, 3p -D i PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION #6427 FRED W. REPASS P.S.M. LEGEND, ■ -FOUND CONCRETE MONUMENT -FOUND 5/8' DIA. IRON ROD $ -EXISTING WIRE. FENCE -EXISTING CHAINLINK FENCE -EXISTING WOOD FENCE t� -CENTER LINE FFE -FINISH FLOOR ELEVATION PSM -PROFESSIONAL SURVEYOR AND MAPPER R/W -RIGHT-OF-WAY PC -POINT OF CURVE n -DELTA ANGLE L -ARC LENGTH X 0.00 -TYPICAL ELEVATION "%0 FIELD WORK COMPLETED, j StF D ._- D < < I 9 r 00keechobee N D n S nd St e 3rd St c' Se ' rd St r D ? LEGAL DESCRIPTION: SEE ATTACHED SHEET ADDRESS: 203 SE 2ND AVENUE OKEECHOBEE, FLORIDA SURVEY NOTES: 1. NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OR OWNERSHIP. 3. LAND DESCRIPTION HEREON WAS PROVIDED BY THE CLIENT. 4. BEAR,INGS SHOWN HEREON ARE BASED ON THE CENTERLINE. 5. THIS SURVEY NOT TO BE USED FOR FENCE INSTALLATION, SPRINKLER SYSTEMS, SHRUBS, OR ANY OTHER UTILITIES WITHOUT REVERIFICATION OF PROPERTY CORNERS. 6. ELEVATIONS SHOWN HEREON ARE BASED UPON N.G.V.D. 1929. 7. SURVEY NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. 8. DIMENSIONS PREVAIL OVER SCALE. CERTIFIED TO: BENNIE C. SIMS LAURA K. SIMS BIG LAKE NATIONAL BANK CONELY $ CONELY, P.A. 09/20/05 CHICAGO TITLE INSURANCE COMPANY McINTOSH AND ASSOCIATES SURVEYING & MAPPING 325 SW SOUTH QUICK CIRCLE PORT ST. - LUCIE, FLORIDA 34953 (772>878-7568 (office & fax) CERTIF. OF AUTHORIZATION NO. LB7332 BOUNDARY SURVEY REPARED ON THE ORDER OFr BIG LAKE NATIONAL BANK SCALE, DRAWN BY, FILE NO., 1'=20' T M W 1 1058 1375 Jac Street, Suite 206 Fort Myelorida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(aatt. net Staff Report— Small Scale Comprehensive Plan Amendment Prepafed for: Tie City of Okeechobee Applicant: Bennie C. & Laura K Sims Petition No. 06-005-SSA Staff Report Applicant: Bennie C. & Laura K. Sims Small -Scale Comprehensive Plan Amendment Petition No. 06-006SSA General Information Applicant/Owner: Bennie C. and Laura K. Sims Address: 5001 SE 43rd Trace Okeechobee, F134974 Contact Person Vikki Aaron -agent Phone Number: 863-467-4768 Fax Number: 863-467-4618 Future Land Use Map Classification Single Family Commercial Zoning District RMF CLT Use of Property Single Family Residence Commercial -professional accounting office Acreage 0.3271 0.3271 Legal Description: Lots 5 and 6, Block 205, First addition to Okeechobee, Florida, according to the Plat thereof recorded in Plat Book 1, Page 11, and Plat Book 5, Page 6, Public Records Okeechobee County, Florida. Request: The matter for consideration is an application for a Future Land Use Map Amendment from Single Family to Commercial. Based on the size of the property (0.3271 acres), this application qualifies under Chapter 163 of the Florida Statutes as a Small -Scale Amendment to the Comprehensive Plan. The applicant is also requesting a rezoning change from RMF to CLT for the property. Adjacent Future Land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification Zoning District: Existing Land Use: East: Future Land Use Map Classification Zoning District: Existing Land Use: Single Family RMF Vacant Single Family RMF Single Family Residence South: Future Land Use Map Classification: Single Family Zoning District: RMF Existing Land Use: Single Family Residence West: Future Land Use Map Classification: Commercial Zoning District: CBD Existing Land Use: Hotel Staff Report 0 Small -Scale Comprehensive Plan Amendment Applic ennie C. & Laura K. Sims Petition No. 06-005-SSA The subject property contains a residential structure. As stated earlier in this report, the applicant is requesting an amendment to Commercial. This will allow the applicant to operate an accounting office at the property. The surrounding area is a single-family neighborhood and a commercial office would be out of place if allowed. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. Single Family neighborhoods should be protected from intrusive land use types which generate traffic and other activities inconsistent with the quiet residential character of the area. The applicant's request for a Commercial Future Land Use category is inconsistent with the Comprehensive Plan. Policy 2.4 states that the City must establish compatibility criteria for adjacent land uses. If approved, the proposed Commercial category at this location would be contrary to the intended use of commercial areas as prescribed by the Comprehensive Plan and the Land Development Code. B. Concurrency of Adequate Public Facilities If approved, adequate public facilities will be available to the site. C. Compatibility with Adjacent and Nearby Land Uses The requested Map amendment is compatible with adjacent uses to the west of the subject property_ However, it is not deemed compatible with the residential neighborhood in which it is located. Nearby commercial uses have more direct access to roadways, which serves the commercial uses located along them (such as, Parrott Avenue and Park Street.) Approval of the Commercial Future Land Use category could cause potentially more commercial traffic in the neighborhood as a result of any number of more intense commercial uses, which would be permitted to operate at this site. D. Compliance with Specific Standards of the Plan. The proposed map change will cause more intensive uses than the other existing and future land uses in this neighborhood. 2 Staff Report Applicant: Bennie C. & Laura K. Sims Small -Scale Comprehensive Plan Amendment Petition No. 06-005-SSA Staff does not recommend approval of the applicant's request to amend the Future Land. Use Map to Commercial because the proposed amend is inconsistent with the Comprehensive Plan and could be detrimental to the surrounding residential area. Maps or Diagrams Submitted by: James G. LaRue, AICP February 17, 2006 2006 - Land Planning Agency - Page 4 of 6 IV. NEW BUSINESS CONTINUED. B. Comprehensive Plan, Future Land Use Map Amendment Application No. 06-004-SSA. Consider a recommendation to the City Council, to change the land use designation for Lots 4-6, Block 251, First Addition to Okeechobee, from Single Family (SF) to Multi -Family (MF). The subject property is located at 702 and 704 Southwest 7' Avenue. The application was submitted by Malissa Morgan on behalf of the property owner(s) A Child's World Childcare and Preschool, Inc. • C. Comprehensive Plan, Future Land Use Map Amendment Application No. 06-005-SSA. Consider a recommendation to the City Council, to change the land use designation for Lots 5 and 6 of Block 205, First Addition to Okeechobee, from Single Family (SF) to Commercial (C). The subject property is located at 203 Southeast 2nd Avenue. The application was submitted by property owner(s) Bennie C. And Laura K. Sims. • The applicant, Mrs. Morgan submitted a letter requesting that the application be postponed or tabled. She is requiring additional time to address questions Mr. LaRue has in regards to her application. The project engineer, Mr. Jeff Sumner is currently working with Mr. LaRue and his staff on the matter, therefore the March 28, 2006 meeting should be sufficient time. The consensus of the Agency was to grant a time extension for Application No 06-004-SSA until March 28, 2006. Mr. LaRue briefly reviewed the Planning Staff Report as follows: Planning Staff Report Summary: The matter for consideration is an application, submitted by the property owners, Bennie and Laura Sims, for a Future Land Use Map Amendment from Single Family to Commercial. Based on the size of the property (0.3271 acres), this application qualifies under Chapter 163 of the Florida Statutes as a Small -Scale Amendment to the Comprehensive Plan. The application is also requesting a rezoning change from RMF to CLT for the property. The property is located at 203 Southeast 2nd Avenue. Legal Description being: Lots 6 and 6 of Block 206, First Addition to Okeechobee. Planning Staff Report Comprehensive Plan Analysis: (A) Single Family neighborhoods should be protected from intrusive land use types which generate traffic and other activities inconsistent with the quiet residential character of the area. The applicant's request for a Commercial Future Land Use category is inconsistent with the Comprehensive Plan. Policy 2.4 states that the City must establish compatibility criteria for adjacent land uses. If approved, the proposed Commercial category at this location would be contrary to the intended use of commercial areas as prescribed by the Comprehensive Plan and the Land Development Code. (B) If approved, adequate public facilities will be available to the site. (C) The requested Map amendment is compatible with adjacent uses to the west of the subject property. However, it is not deemed compatible with the residential neighborhood in which it is located. Nearby commercial uses have more direct access to roadways, which serves the commercial uses located along them (such as, Parrott Avenue and Park Street). Approval of the Commercial Future Land Use category could cause potentially more commercial traffic in the neighborhood as a result of any number of more intense commercial uses, which would be permitted to operate at this site. (D) The proposed map change will cause more intensive uses than the other existing and future land uses in this neighborhood. 2006- Land Planning Agency - Page 5 of 6 IV. NEW BUSINESS CONTINUED. C. Comprehensive Plan, Future Land Use Map Amendment Application No. Planning Staff Report Analysis and Conclusions: Staff does not recommend approval of the 06-005-SSA continued. applicant's request to amend the Future Land Use Map to Commercial because the proposed amendment is inconsistent with the Comprehensive Plan and could be detrimental to the surrounding residential area. Mr. LaRue stated that there are recommended percentages of commercial verses residential areas which the estimation is 5 to 10 percent. Okeechobee is approximately at 15 percent. Mr. John E. Vanberschot, surrounding property owner residing at 210 Southeast 3rd Street, addressed the Agency with his concern about those that have residences in this area are being forced out due to the Commercial uses being put in and the heavy traffic of trucks passing through. He remarked that if this is allowed than others will soon follow, and what will happen to the residential neighborhood. He stated that he has lived here for 30 years and would like to continue to live here. Mr. Sims, addressed the Agency and explained that the proposed use of the property is Light Commercial and assured everyone that there will be no heavy trucks passing through due to his project since his business is an accounting office. He feels that it will be a face lift for the area with the renovations that are being made. Chairperson Ledferd remarked that the use will be a professional office and unfortunately due to growth, the area is moving towards a commercial area. Agency Member Hoover questioned as to why it is not being changed to CPO and recommended it be CPO so there would be no thru-way for trucks. However, since this is for Future Land Use only, the density of the zoning change will have to be addressed at the Planning Board meeting. Whether or not the matter be considered for an overall commercial use is what has to be addressed at this meeting. There were no other comments from the public. Agency Member McCoy moved to recommend to City Council to approve Comprehensive Plan Future Land Use map Amendment Application No. 06-005-SSA, to change the land use designation from Single Family (SF) to Commercial (C); seconded by Agency Member Hoover. 2006 - Land - Paae 6 of 6 • • IV. NEW BUSINESS CONTINUED. C. Comprehensive Plan, Future Land Use Map Amendment Application No 06-005-SSA continued. V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning Agency with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. Melisa Eddings, Deputy Clerk William Ledferd, Chairperson VOTE BURROUGHS-YEA HOOVER - YEA KELLER - YEA LEDFERD - YEA JOHNS - YEA MCCOY - V. WHIDDEN - YEA MOTION CARRIED. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:40 p.m. • The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is publisher of the Okeechobe News, a DAILY Newspaper published at Okeechobee, i Okeechobee County, Florida; that the attached copy of advertise ment, being a /.�Sa5 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 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 16 subscribe/d� fore me this day of A.D. 20 Notary Public, State of Florida at Large e PUBLIC NOTICE n AM NM 09 the (A�¢ITY OROIt�USr" Rori Tu�EASE T t YA March 7 2006 at G 00Council or as sOf the oon VierOf �pp Florida Hal. 55 SE 3rd Mre., OYeeClrobee, R conduct a PUBLIC HEARING on and 0rere after to consider foal of the fd Ordinance into law; NO. I1t AN ORDINANCEEO WICITY fl1E � A AMEIM THE CRT OF MENDED REVISING THE FUTURE LAND USE MAP ON A TRACT f O MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMtLT (SF To COM- MERCML ICY PROVIDING FOR INCWS DN OF ORDK4 CE AND MW FU- TURE LAN NSE MAP IN THE COMPREHENSIVE PLAN: PROVIDING FOR AN EFFECTIVE DATE The ardmaroe is vegan Smal Scale Comprehensive Plan Rfin Lard Use Alf cation No. 06-005 S3A s by owners, Bartle C. and Laura K Sims. The request is to charge the Fubae Land use designdtiorr from single Family (So to Commercial (C) for prap0, located at 203 Sourtlneest 2nd Avenue. L Book bon being: Lots 5 and BB f Block 205, ft pddl i to qu�Gwbee. Pqt Book 1, Z11 and Plat Book 5, Pape 6, Pobtie Records. Okeechuobee, Coordy, Florida . apprmdrtwtdy 0.3271 acre(s). Al members of tare encouraged to alletd and parGapabi in said hewn. The proposed may be Inspdded in Is entirely by mernbers of the pub- lic In the Office of the City Clark during regular business hours. Mon -Fri, 6am-4:30pm ex lorhoidays PLEASE TAKE NOTICE AND S ADVISED that I any person desires to appeal any decision made by gre City Council with respep toany HIM considered at this ing hear, such' sled person will need a record of the proceedings, and for such puryose may need to aroma a wubadm record of the procee6rgs is made, Mich record thg tesb awry and evidence upon rdiGr the apppi is to be ba Cady hypes are for the sob purpose of backup for olficnN records of In accordance with the kwicans with Disability Act (ADA) and Florida Statutes 286.26, persons with disabilities needkg special acconunodadon to participate in #"a proceeding should contact Lane Gandotea no later 0sn two (2) waling days to TDD 1-800-�3448 (rode) 1 8B8 4415620 (TTY 863-763-3372 X215; it bowing a voice krupaired, pE Lane Gamiotea, CMC, CITY CLERK 117205 ON 2/24/06 • EXHIBIT 5 • INARCH 7, 2005 ORDINANCE NO. 936 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING (H) ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner, William Jason Tomlinson, of the property more particularly described hereafter, has heretofore filed Petition No. 06-002-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 1.6 acre(s) from Holding (H) Zoning District to Residential Multiple Family (RMF) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Office for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOTS 6 THROUGH 10 AND LOTS 16 THROUGH 20 OF BLOCK 66, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Holding (H) Zoning District to Residential Multiple Family (RMF) Zoning District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Page 1 of 2 SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 7th day of March, 2006. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 21St day of March, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor Alk City of Okeechobee General Services Department 55 S.E. Yd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: ,0 � Petition No. O __ Fee Paid: 6O0.00 Jurisdiction: P f M 1st Hearing: g .� 2nd Hearing: 3 3 1 Publication Dates: �` �a o� a 1 Notices Maned: Uniform Land Use Application Rezone • Special Exception • Variance ✓ Name of property owner(s): W reCtM Jq So /� ! OM. 111>y A Owner mailing address:. y r w ��'+' e ��r� P P Name of applicant(s) if other than owner (state relationship): O Lo r L I Applicant mailing address: C A �''� Name of contact person (state relationship): Ta sno N T Q, e� Contact person daytime hone(s): O�� — % 4 U Fax: 0(93 - 35 7— 3c)Z ✓ Property address / directions to property: 963 w g'i/'h Indicate current use of property: Q C an �- land Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): -: Vo ri Approximate number of acres: t 6 4"6Is property in a platted subdivision? P R Is there a current or recent u of the property that is/was a violation of county ordinance? If so, describe: O P Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: E R Is a sale subject to this application being granted? T Y Is the subject parcel your total holdings at that location? if not, describe the remaining or intended uses: Describe adjoining land uses / improvements to the North: All l�i M/ cl Urht s South: 00CCIA East: t West: TAA0110�l C Existing zoning: Future Land Use classification: ! %u 1 f• Actions Requested: Rezone Special Exception (_J Variance Parcel Identification Number — •' % - co 0 —©O (,c) - 00G 0 4 0/(co I) ✓ I Confirmation of Information Accuracy �I I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to tmprisonme f up to 30 days and may result in the summary denial of this application. -' W,r1,tGn TsOA To;S%:r" - /J-o (v Signature Printed Name Date C MA Uniform Land Use Application (rev. 1/03) Page I of 2 Current zoning classification: r Requested zoning classification : / -`u R ' What is your desired pe itted use under the proposed cl sification: Y Z v 0 N. If granted, will the new zone be contiguous with alike zone9 Ke s- E Is a Special Exception necessary for your intended use? / - 0 Variance? O Describe the Special Exception sought: S P E C I Provide specific LDR ordinance citation: A L Are there other similar uses in the area? Is so, describe: E X' C E Why would granting your request be in the best interest of the area and residents? P T' I 0 If business, briefly describe nature including number of employees, hours, noise generation and activities to be N conducted outside of a building: Describe Variance sought: V A R Describe physical characteristic of property that makes variance necessary: I A N C Did you cause or contribute to the characteristic? Is so, describe: E What is the minimum variance necessary? Uniform Land Use Application (rev. 1/03) Page 2 of 2 • Prepared by and return to: Elizabeth Alexander Maxwell Attorney at Law The Law Firm of Maxwell & Maxwell, P.A. 405 NW Third Street Okeechobee, FL 34972 863-763-1119 File Number: 06-00299 Will Call No.: 8637631119 [Space Above This Line For Recording Deta] Warranty Deed FILE NUN 2006001831 OR BK 00589 PG 0512 SHARON ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY. FL RECORDED 01/27/2006 02:57:44 PH RECORDING FEES 18.50 DEED DOC 987.00 RECORDED BY L Rucks This Warranty Deed made this Z(� day of January, 2006 between Cypress Creek, LLC, a Florida limited liability company whose post office address is 7897 SW Jack James Drive, Suite A, Stuart, FL 34997, grantor, and William Jason Tomlinson, a single man whose post office address is 2564 NW 50th Avenue, Okeechobee, FL 34972, grantee: (Whenever 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, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida to -wit: Lots 6 through 10, and Lots 16 through 20, Block 66, CITY OF OKEECHOBEE, according to the Plat thereof, recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Parcel Identification Number: 3-15-37-35-0010-00660-0060 and Parcel Identification Number: 3-15-37-35-0010-00660-0160 Subject to; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully 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, 2005. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTimee • OAK 0058V P6 0513 Signed, sealed and delivered in our presence: Cypress Creek, LLC By: / Kev' C. Peterson (Corporate Seal) State of Florida County of Rdl--IiA- The foregoing instrument was acknowledged before me this day of January, 2006 by Kevin C. Peterson of Cypress Creek, LLC, on behalf of the corporation. He/she U is personally known to me or [X] has produced a driver's license as identification. [Notary Seal] Notary Public �0 Printed Name: BEVERLY P. KAPOLIS My Commission Expires:U4 " W COMMISSION #DD495201 ----� EXPIRES: NOV 30, 2009 Bonded tlftwo 1 et State MUMMM STATE OF FLORIDA OMCHO WUNV THi , iS To CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS ON FILE T IS S BY DI Warranty Deed - Page 2 DoubleTimee William Jason Tomlinson 2564 NW 50"' Ave Okeechobee, Fl 34972 January 26, 2006 Dear Friend, My name is William Jason Tomlinson and I am the owner of lots 6-10 & lots 16-20 block 66 city of Okeechobee. This letter is to inform you of my intentions to apply for rezoning of these lots from holding to multi -family. This change in zoning will be bringing the property into compliance with the future land use map and will allow for the construction of some much needed rental housing. I originally purchased this property with the thought that I would build some multi -family units but I have already been approached by a developer who apparently has a grant from the county to construct some affordable housing and may be purchasing the property for that project. Thank you for your time and attention to this project and I hope that this is also in line with what the city is trying to accomplish. Sincere y, William Jason Tomlinson BOUNDARY SURVEY PREPARED FOR JASON TOMLINSON N£. CORNER BLOCK 67 FOUND 4 X4" CONCRETE MONUMENT HOOVER 4276' _SOUTH RA OF N. W. 87N STREET(P) S 8942108' W NORTH LINE BLOCK 66 70.00' DESCRIPTION.• LOTS 6 THROUGH 10, BLOCK 66, OKEECHOBEE,, AS RECORDED THEREOF IN PLA T BOOK 5, PAGE 5, OF THE PUBLIC RECORDS IOF OKEECHOBEE COUNTY, FLORIDA. AND, LOTS 16 THROUGH 20, BLOCK 66, OKEECHOBEE, AS RECORDED THEREOF IN PLA T BOOK 5, PAGE 5, OF THE PUBLIC RECORDS IOF OKEECHOBEE COUNTY, FLORIDA. PROJEC T SPECIE1 C NO TES: 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLA T(P) AND MEASURED(M). 2). PARCEL ID: (LOTS 6-10) 3-15-37-35-0010-00660-0060 AND (LOTS 16-20) 3-15-37- 35- 0010- 00660- 0160. 3) F. I. R. M. ZONE.' ZONE UNDETERMINED, PARCEL LIES WI THIN THE OKEECHOBEE COTY LIMITS 4) THIS S41RVEY IS NOT INTENDED TO DEPICT ✓URISD/C77ONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 5) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADD177ONS OR DELE77ONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PAR77ES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTES. 6) DA 7F OF LAST FIELD SURVEY 01/15106. II � s �p 0000 =❑ POWER Q POLE O N 9� 0 Ll �JO��I! lJ ❑ 31 0 30 BG SCALE IN FEET of MAP SCALE: 1 INCH = 60 FEET f = O � O 5. 0' Cal WOOD R V POWER POLE 00 st ` 00 C) 46 r � o p �ll� OHO I _ SOUTH-R�N.W. 71H STRE£r FIRE HYDRANT -� —TBLO&K 68 STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted. No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820, There are no visible above ground encroachments except as shown. No attempt was made to locate underground improvements and/or encroachments (if any) as part of this survey. This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17-6, F.A.C.) pursuant to Section 472.027, Florida Statutes. PREPARED FOR THE EXCLUSIVE USE OF: DESCRIPTION DWG. DATE BY I CK JASOIJ TOMLINSON BOUNDARY SURVEY 01/24/06 WC KAB REF. SURVEY #18243 g N �I I NI I 3 Q Nm *+ N r4- 8 V � . O N ROOD POWER POLE ANCHOR FIR (NO LD) l TELEPHONE 0.2' N. & 0.1' E / PEDESTAL ' N 89 41 '50" E 142.52'(C) 142.50'(P) �R=� —TOP-OF-BANK - a 3 N 17 2 — f0.80 ACRES I2 2 (VACANT) W zi -- R — Al 19 ° 1I ' -- J5.0 20 70 00' S W. CORNER BLOCK 66 _ S 8941 if W FIRC S 89'41,3 ICI I 1 b9 5 FIR (NO LD) 1 0.4 N. & 0.2' E. N 89 41 '50" E -FIRc 142 52'(C) 142.50'(P) \ -- -- —TOP-OF-BANK— DI TCH — 6 TELEPHONE PEDESTAL W00D POWER POLE 7 _ f0.80 ACRES _ (VACANT) 8 9 MN "V 15' 00 OS.£ CORNER BLOCK 66 fTRC 15, F/RC FIRC T — — , NORTH SI N. 142.43 (C) 142.50 77H STREETT SE CORNER BLOCK 67 FOUND 4 X4" CONCRETE �Y — — MONuMENr (No LD.) — L �—TOP-OF-BANK— _ _ N. W 7TN STREET _ � I ,LUUE 0 AsPHAL I I (ASPHAL T ROAD) 100' R/W N N ;u D of 5 I 35. —' 1142. 43'(C) 142.50' P TOP -OF -BANK U� DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE FB/PG: 115/14-20 SCALE: 1" = 60' BEARING REFERENCE: THE W. R/W OF N.E. 8TH DR. IS TAKEN TO BEAR N 00'20'42" W I FILE: 20118 JOB NO: 20118 LEGEND C—Set Iron Rod and Cap TWPS 6719 ■—Found CM *—Found Iron Rod (and Cap) O —Found Pipe (and Cap) ABBREVIATIONS f =Baseline; BM=Benchmark; CL=Centerline; C=Calculated; CATV=Cable TV; CM= Concrete Monument; CONC=Concrete; D=Deed; A=Delta or Central Angle; E=East; E'LY=Easterly; E/P=Edge of Pavement; ESMT=Easement; F.I.R.M.=Flood Insurance Rate Map; FND=Found; IP=Iron Pipe; IR&(C)=Iron Rod (and ID Cap); L=(Arc) Length; M=Measured; MH=Manhole; N=North; N'LY=Northerly, NGV(D)=National Geodetic Vertical (Datum) of 1929; NTS=Not to Scale; OHW=Overhead Wires; f.=Property Line; P=Plat; PC=Point of Curvature; PCC=Point of Compound Curvature; PCP= Permanent Control Point; POB=Point of Beginning; POC=Point of Commencement; PRC=Point of Reverse Curvature; PRM=Permanent Reference Monument; PT=Point of Tangency; PU&D=Public Utilitly and Drainage; R—Rodlus; R/W=Rlght—of—Way, S=Soulh; S LY=Southerly, T=Tangen't,,•-q TEL=Telephone Splice or Switch Box; W=West; W'LY=Westerly, UTIL=Utility(ies); ,yam'=Spot Elevation based on Indicated Datum. J 1375 Jac on Street, Suite 206 FortMyFlorida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(a-,) att. net Staff Report Rezoning Request Prepared for: The City of Okeechobee ApplicantlOwner: William Jason Tomlinson Petition No. 06-002 R Staff Report Rezoning Request General Information hNplicant: William Tomlinson. Petition No.06-002-R Applicant/Owner: William Jason Tomlinson Applicant Address: 2564 NW 50th Ave. Okeechobee, FI 34972 Applicant Phone Number: 863-634-7907 Contact Person Jason Future Land Use Map Classification Multi -Family None Zoning District Holding RMF Use of Property Vacant Multi -Family dwellings Acreage 1.6 acres 1.6 Location: 703 NW 9th Avenue Legal Description: Lots 6 through 10, Lots 16 through 20, Block 66, City of Okeechobee, according to the Plat thereof, recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Request: The applicant requests to rezone the subject property from Holding (H) to Residential Multi -Family (RMF). Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Single Family and Multi -Family Zoning District: RMF Existing Land Use: Multi -family units and Vacant East: Future Land Use Map Classification: Multi -Family Zonin District: RMF Existing Land Use: Mi ant housing South: Future Land Use Map Classification: Sin le Famil Zonin District: Holding Existing Land Use: Vacant West: Future Land Use Map Classification: Industrial Zonin E�strict: IND Existing Land Use: Industrial/Commercial Staff Report Rezoning Request Oplicant: William Tomlinson. Petition No.06-002-R The subject property consists of 10 lots. The lots are undeveloped and have a Future Land Use Map classification of "Multi -Family." The surrounding existing uses are predominantly multi -family except for the Industrial uses located west of the subject property. The request to rezone this property will make the zoning consistent with the Future Land Use classification and allow development that would be compatible with the neighboring properties. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. No, the proposed use is not contrary to the Comprehensive Plan requirements. The Multi -Family Future Land Use classification permits this type of development at a maximum destiny of 10 units per acre. As such, the applicant would be allowed to develop the property with no more than 16 multi -family units. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes, Section 90-192(3) allows multi -family dwellings as a permitted use. 3. The proposed use will not have an adverse effect on the public interest. The proposed use and zoning may benefit the public interest of the City. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The subject property has adequate access to a functioning street and is surrounded by uses, which are compatible with the applicant's request. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed use, if properly maintained, should benefit adjacent property values and help to encourage improvement to the neighborhood. 2 Staff Report Rezoning Request wNplicant; William Tomlinson. Petition No.06-002-R 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood If required, the proposed use can be suitably buffered from the surrounding uses. This will be discussed at 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. Given the size of the development and the density that could be allowed, the impact on the public facilities will be minimal. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The development being proposed for this site will not create traffic congestion. If any drainage issues exist, the Building Official will evaluate them prior to issuing a certificate of occupancy. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the only restrictions on the property are those set forth in the Comprehensive Plan and Land Development Code. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. There will not be a special privilege granted if this application is approved. Summary and Conclusions Prior to Certification Based on the above information, the applicant's request is consistent with the goals, objectives and policies in the Comprehensive Plan. Prior to development, the applicant must submit a landscape plan with the site plan, which is consistent with the requirements set forth in Section 90-532 and 90-538 of the Land Development Code. 3 Staff Report Rezoning Request Recommendation Wicant: William Tomlinson. Petition No.06-002-R Staff recommends approval of the request to allow rezoning from Holding (H) to Residential Multi -Family (RMF) permitting the applicant to construct multi -family dwellings on the site. Submitted by: James G. LaRue, AICP Planning Consultant February 17, 2006 El 2006 - ing Board - Page 2 of 6 III. MINUTES CONTINUED: *IV. • A. Motion to dispense with the reading and approve the Summary of Board Action for the January 24, 2006 regular meeting continued. NEW BUSINESS. A. Rezoning Petition No. 06-002-R. Consider a recommendation to the City Council to rezone Lots 6 to 10 and Lots 16 to 20 of Block 66, City of Okeechobee, from Holding (H) to Residential Multiple Family (RMF). The subject property is located at 703 Northwest 9"' Avenue. William Jason Tomlinson is the property owner and applicant. VOTE BURROUGHS - YEA HOOVER - YEA KELLER - YEA LEDFERD - YEA JOHNS -YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. Mr. Jim LaRue of LaRue Planning and Management, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Request: The applicant, Mr. William Jason Tomlinson, is requesting that the zoning for the subject property be changed from Holding (H) to Residential Multiple Family (RMF) to allow for multiple family dwellings, for subject property located at 703 Northwest 91 Avenue, legal description being: Lots 6 to 10 and Lots 16 to 20 of Block 66, City of Okeechobee. Planning Staff Report Analysis: (1) The proposed use is not contrary to the Comprehensive Plan requirements. The Multi Family Land Use classification permits this type of development at a maximum destiny of 10 units per acre. As such, the applicant would be allowed to develop the property with no more than 16 multiple family units. (2) Section 90-192(3) allows multiple family dwellings as a permitted use. (3) The proposed use and zoning may benefit the public interest of the City. (4) The subject property had adequate access to a functioning street and is surrounded by uses, which are compatible with the applicant's request. (5) The proposed use, if properly maintained, should benefit adjacent property values and help to encourage improvement to the neighborhood. (6) If required, the proposed use can be suitably buffered from the surrounding uses. This will be discussed at the site plan review phase. (7) Given the size of the development and the density that could be allowed, the impact on the public facilities will be minimal. (8) The development being proposed for this site will not create traffic congestion. If any drainage issues exist, the Building Official will evaluate them prior to issuing a certificate of occupancy. (9) The only restrictions on the property are those set forth in the Comprehensive Plan and Land Development Code. (10) There will not be a special privilege granted if this application is approved February 28, 2006 - Planning Board - Page 3 of 6 IV. NEW BUSINESS CONTINUED. A. Rezoning Petition No. 06-002-R continued. Planning Staff Report Summary and Conclusions Prior to Certification: Based on the above information, the applicant's request is consistent with the goals, objectives and policies in the Comprehensive Plan. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from H to (RMF) permitting the applicant to construct multiple family dwellings on the site. Mr. Jason Tomlinson was present and addressed the Board. He explained that he is in the process of selling the property. The potential new owner met with Ms. Belcher, Okeechobee County Grant Consultant, in regards to grant funding for multiple family dwellings. Their plans are to pursue that avenue. Board Member McCoy voiced his concern regarding access to the property. Mr. Tomlinson responded that access would be from Southwest 7`t' Street. Developers are responsible for paving and accessing roadways to developments. There was no further discussion from the Board. Board Member Hoover motioned to recommend approval to City Council for Rezoning Petition 06-002-R, changing the zoning from H to RMF; seconded by Board Member McCoy. VOTE BURROUGHS-YEA HOOVER - YEA KELLER - YEA LEDFERD - YEA JOHNS - YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. • 0 EXHIBIT 6 MARCH 7, 2006 ORDINANCE NO. 937 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 MULTI-FAMILY(RMF) ZONING DISTRICT TO COMMERCIAL, PROFESSIONAL, OFFICE (CPO) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owners, Bennie C. and Laura K. Sims, of the property more particularly described hereafter, has heretofore filed Petition No. 06-004-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.3271 acre(s) from Residential Multi - Family (RMF) Zoning District to Commercial, Professional, Office (CPO) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Office for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOTS 5 AND 6 OF BLOCK 205, FIRST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 11 AND PLAT BOOK 5, PAGE 6, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Multi -Family (RMF) Zoning District to Commercial, Professional, Office (CPO) Zoning District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Page 1 of 2 SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 71h day of March, 2006. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 21s' day of March, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor r r7 City of Deno'bee 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: 1 7J O (CS (o . Petition No. Fee Paid: 04, pp Jurisdiction. P 1sfI3earing �$ v GI2nd Hearing 37 •! � � f Publication —Date,— r2 D C' 1 Notices Mailed: Uniform Land Use Application Rezone Snecial Excention Variance ✓ Name of property owner(s): Ben and Laura Sims Owner mailing address: 5001 SE 43rd Trace Okeechobee FL 34974 =T= Name of applicant(s) if other than owner (state relationship): Not appl i?--, dbl* Applicant mailing address: -A Name of contact person (state relationship): Vikki Aaron — agent Lj Contact person da a hone(s): 863-467-4768 Fax: 467-4618 ✓ Property address / directions to property: 203 SE 2nd Avenue _- Indicate current use of property: Vacant residential Descn'be improvements on property, including numberhype of dwellings and whether occupied (ifnone, so state): =- Single family residence 1,882 S.F. Storage building 1,566 S.F. Approximate number of acres: 0.3271 ac . Is property in a platted subdivision? Yes Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: No =_ Have there been. any land use applications concerning all or part of this property- in the last year? If so, indicate date, =I' nature and applicant's name: No tr=; Is a sale subject to this application being granted? No Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Yes Describe adjoining land uses / improvements to the North: Vacant residential -= South: Single family East: Single family West_Comm. & S.F. Existing zoning:. RMF Future Land Use classification: SF -' Actions Requested CX) Rezone (_) Special Exception () Variance Parcel Identification Number: 3-21-37-35-0020-02050-0050 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 $5y.00 and imf9soxyl9ht of up to 30 days and may result in the summary denial of this application. /9--VL-IN . Laura K. Sims Printed Name December 28, 2005 Date .}(:kIC)�-, Use Application (rev_ 1103) Page 1 of 2 Current zoning classification: RMF Requested zoning classification : CLT What is your desired permitted use under the proposed classification: Commercial professional == office (accounting office) If granted, will the new zone be contiguous with alike zone. Yes. There are commercial uses in the general area. -= Is a Special Exception necessary for your intended use? No Variance? No Describe the Special Exception sought: Provide specific LDR ordinance citation: Sys_ Are there other similar uses in the area? Is so, describe: j a —01 Why would granting your request be in the best interest of the area and residents? Q<_ 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 ofproperty 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 Application for a Change in Zoning Ben and Laura Sims Applicants Owners and Applicants Applicants Statement of Interest in the Property Ben and Laura Sims currently own Lots 5 and 6, Block 205, First Addition to Okeechobee, Florida, according to the plat thereof recorded in Plat Book 1, Page 1 and Plat Book 5, Page 6, Public Records of Okeechobee County, Florida. The property is located at 203 SE 2na Avenue. The applicants wish to establish a commercial professional office for an accounting firm for their own use. INN L /a,00 'IM110111 f=IL..E Hun 20050213633 OR BK 00!577 PG 1026 SHARON ROBERTSON? CLERK OF CIRCUIT COURT CO Docrtment Prepared By and Return to: DKEECNDBEE COUNTYt FL RECORDED 09/27/2005 12:53:38 PM co>,IELY a COMELY, P.A. RECORDING FEES 10.00 Toll W COMELY, III DEED DOG ir785.00 401 .1f. 6TH STREET RECORDED BY L Rucks P.O_itDRAWER 1367 OICEEC'EOBEE, FL 34973-1367 ParcamNumber: 3-21-37-35-0020-02050-0050 Warranty Deed This Indenture, Madetltis 26th dayof September , 2DO5 A.D.. Between NATHAN G. ALLEN, SR. and ELIZABETH TAYLOR, husband and wife of the County of Lewis , Statc of Tennessee , grantors, and BMWIE C. SINS and LAURA R. SIRS, his wife whose address is: 5001 SE 43rd Trace, Okeechobee, FL 34974 of the County of Okeechobee , State of Florida , grantees. Witnesseth that the GRANTORS. for and in cokksacration of the sum of ------------------------TEN DOLLARS ($10)----------------------- DOLLARS, and other good and valuable consideration to GRANTORS in Land paid by GRANTEES, the receipt whereof is bathy adatowledged, have granted, bargaIDed and sold to the said GRANTF..ES and GRANTEES' beits, swcesaprs and assigns forever, the foilowing described had. since. b ing and being in the County of Okeechobee - S— of Floridet w wit Lots 5 and 6, Block 205, FIRST ADDITION TO OKEECHOBEE, FLOPIDA, according to the plat thereof recorded in Plat Book 1, Page 11 and Plat Book 5, Pagj 6, public records Okeechobee County, Florida. ALSO: BEGINNING at the intersection of SE 2nd Avenue (f/k/a Tallahassee Street)and BE 2nd Street (fJk1a Seventh Street) run South along the East border of SE 2=d Avenue (f/k/a Tallahassee Street) to Lot 6 of Block 205, FIRST ADDITION TO ORSECHOSEE FLORIDA; thence Northeasterly along the West side of Lots 5 and 6 of said Block 205 to the South boundary of BE 2nd Street (f/k/a Seventh Street); thence West along the South border of 3E 2nd Street (f/k/a Seventh Street) to the POINT OF BEGINNING. Lying in and comprising a portion of Section 22, Township 37 South, Range 35 Bast, Okeechobee County, Florida. Subject to restrictions, reservations and easements of record., if any, which are not reimposed hereby, and taxes subsequent to December 31st, 2004. and the grantors do bemby PAy wamat the ode to said land, and wel defend the same against lawful chums of all perms wboutsoever. In Witness Whereof, the grantors have hereunto set their hands and coals the day and year fast above written Signed, sealed and delivered in our presence: SQA mu tdmmy Witness T ILT itnea NATHAN G. ALLEN, SR. P.O. Address: Post O lee Box K Hohenwald, TN 38462 $LI8ABE —�fSeaa} TAYLOR P.O. Address: Post Office Boz 84, Hohenwald, TN 39462 STATE OF FLORIDA COUNTY OF OREECHoBSE The foregoing instrument was aelmowledpd before me this 26th day of September , 2005 by NATHAN G. ALLEN, SR. and ELIZA139M TAYLOR, husband and wife who atepersosa8yknown too=orwbohaveprodoxdthdr Florida drive r' a license asidarafication. i E1rA'IiNE C01taY ti -+- �.f t �'�is - flal�,l.C/ Iti yto m8" f DO M51 RVK ME CO1 LY EPMDaosroet1ZMM Notary Public stone M"tunaP" nndaMar. My Cotmdssion Expires: 12 / 12 / 0 8 ALLENTMAYLO-SIM Ly C—ftdb,ont.,tws,nw..rm, xor tw717634Uss rom FLWD.r MCC Application for a Change in Zoning Ben and Laura Sims Statement of Special Reasons and Basis for Request Ben and Laura Sims currently own Lots 5 and 6, Block 205, First Addition to Okeechobee, Florida, according to the plat thereof recorded in Plat Book 1, Page 1 and Plat Book 5, Page 6, Public Records of Okeechobee County, Florida. The property is located at 203 SE 2nd Avenue. F The property is currently zoned RMY and lies within the Single Family future land use classification of the adopted comprehensive plan. The applicants wish to establish a commercial professional office for an accounting firm. In accordance with city regulations, a small scale map amendment and a change in zoning will be required. The applicants respectfully request that the Planning Board recommend that the City Council approve the request for a change in zoning from the existing classification of Residential Multi Family to Commercial Light. Application for a Change in Zoning Ben and Laura Sims Intended Use, Nature of Activities and Development of Property Ben and Laura Sims currently own Lots 5 and 6, Block 205, First Addition to Okeechobee, Florida, according to the plat thereof recorded in Plat Book 1, Page 1 and Plat Book 5, Page 6, Public Records of Okeechobee County, Florida. The property is located at 203 SE 2nd Avenue. The applicants wish to establish a commercial professional office for an accounting firm. The existing single family residence will be remodeled to accommodate the new use. The existing storage building will continue to be used as storage. In accordance with city regulations, a small scale map amendment and a change in zoning will be required. The applicants also intend to install a privacy fence along the easterly property line adjoining existing residential uses. The applicants are proposing paved parking areas and landscaping. 0 • Application for a Change in Zoning Ben and Laura Sims Existing Use of Surrounding Properties Ben and Laura Sims currently own Lots 5 and 6, Block 205, First Addition to Okeechobee, Florida, according to the plat thereof recorded in Plat Book I, Page 1 and Plat Book 5, Page 6, Public Records of Okeechobee County, Florida. The property is located at 203 SE 2nd Avenue. To the North of the subject property is vacant commercial property. Further north are a variety of commercial uses. To the West of the subject property is a hotel, vacant commercial property and a single family residence. To the South and the East of the subject property is residential development. 10, D, T X . V4 4 0 I X L F Cj ICY eA-FC P X x x '2- 17 14, (C:),_7-_7-7 I Ac-r7- b.0 F_ I t 'hoT 0 WO --x 4-7,2.5 A .- \ :J� 1" !0 FLOOD ZONE: W L FogyA.-?.t7 -r Ic I-L-4) kA 1. UNMAPPED 0.00 SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION AND IS TRUE AND CORRECT TO THE REST OF MY KNOWLEDGE AND BELIEF AS SURVEYED IN THE FIELD. I FURTHER CERTIFY THAT THIS SURVEY COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61-G-17-6 BY THE FLORIDA BOARD OF LAND SURVEYORS PURSUANT TO SECTION 472.027 FL13RIDA -STATUTES, AND THAT THERE ARE NO ABOVE GROUND ENCROACHMENTS OTHER THAN SHOWN. BY, DATE- -30 -10J PR15�ESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION #6427 FRED V. REPASS P-S.M. -7 lilt x T _?Lp I r- �F 5' ?-, Ci 7- X 141 Nyt, b T- -1-3,,o x 1.6 LEGEND, ■ -FOUND CONCRETE MONUMENT -FOUND 5/8' DIA. IRON ROD -e- -EXISTING WIRE -FENCE -EXISTING CHAINLINK FENCE -EXISTING WOOD FENCE -CENTER LINE FFE -FINISH FLOOR ELEVATION PSM -PROFESSIONAL SURVEYOR AND MAPPER R/W -RIGHT-OF-WAY PC -POINT OF CURVE A -DELTA ANGLE L -ARC LENGTH X 0.00 -TYPICAL ELEVATION FIELD WORK COMPLETED, 09/20/05 McINTOSH AND ASSOCIATES SURVEYING & MAPPING 325 SW SOUTH QUICK CIRCLE PORT ST. -LUCIE, FLORIDA 34953 (772)878-7568 (office & fax) CERTIF. OF AUTHORIZATION NO. LB7332 j s > > 9 00keechobee C1 Sg ")Ind St < Sr ID 0 SArd St GO n441 LEGAL DESCRIPTION: I SEE ATTACHED SHEET ADDRESS: 203 SE 2ND AVENUE OKEECHOBEE, FLORIDA SURVEY NOTES: 1. NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OR OWNERSHIP. 3. LAND DESCRIPTION HEREON WAS PROVIDED BY THE CLIENT. 4. BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE. 5. THIS SURVEY NOT TO BE USED FOR FENCE INSTALLATION, SPRINKLER SYSTEMS, SHRUBS, OR ANY OTHER UTILITIES WITHOUT REVERIFICATION OF PROPERTY CORNERS. 6. ELEVATIONS SHOWN HEREON ARE BASED UPON N.G.V.D. 1929. 7. SURVEY NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. 8. DIMENSIONS PREVAIL OVER SCALE. CERTIFIED TO: BENNIE C_ SIMS LAURA K. SIMS BIG LAKE NATIONAL BANK COMELY & CONELY, PA CHICAGO TITLE INSURANCE COMPANY BOUNDARY SURVEY REPARED ON THE ORDER OF; BIG LAKE NATIONAL BANK SCALE, DRAWN BYi FILE NO., T TMW 1p-'20' MW 1058 'g A� di ? • �, �, 1' ' Y� t n Y { ... — r E � r> � C $ S � ...y ., ., r ' 'spa r dr • 1 �3 t � ..,.. ..,. ..�. ,i. ,... ..,:. .... .,.. ,. ... ..'. ...� -..T`� ,,�.• �. my .. �.w.. ,r' .... .�. ... .'.�a. 5 A. 1 4 2.. { xh . ` E U D�1.: 12/2/2 VERII Y SCALE BAR IS EQUAL TO ONE CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS #### #### U" SECT No- 7# sue: Dmig. ey Iri4/ INCH ON ORIGINAL DRAWING ^Partners For Results, ANC. Value By Design.. ,..........�,..�.....w..,......,.,„...-...._.,.....,,„._.„„.,.�,,,,__.__-___�..�.........,.. Y SHEET By_tltL 0 1 421 N.W. 3rd Street, Okeechobee, Fl 34972 #### ##�# #### check ey__lH _ ADJUST ALL SCALED (863) 763-8999 Fox: (863) 763-6692 #### DATE BY REVISIONS DIMENSIONS ACCORDINGLY BPR & FBPE License No: 959 www.lbfh.com r. - • • gash Prepaved for: Applicant/O"er _ Petition No. 1375 Jac Street, Suite 206 Fort Mylorida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planningp att. net City of Okeechobee Ben & Laura Sims 06-004 R Staff Report Rezoning Request General Information Applicant: Ben & Laura Sims. Petition No. 06-004-R Applicant/Owner: Ben & Laura Sims Applicant Address: 5001 SE 43rd Trace Okeechobee, F134974 Phone Number: 863-467-4768 Contact Person Vikki Aaron Existill'. Proposed Future Land Use Map Single Family Commercial Classification Zoning District RMF CLT Use of Property Single Family Residence Commercial -Professional accounting office Acreage 0.3271 0.3271 Legal Description: Lots 5 and 6, Block 205, First addition to Okeechobee, Florida, according to the Plat thereof recorded in PIat Book 1, Page 11, and Plat Book 5, Page 6, Public Records Okeechobee County, Florida. The applicants request a rezoning from RMF to CLT to allow an accounting office on the subject property North: Future Land Use Map Classification: Single Family Zoning District: RMF Existing Land Use: Vacant residential East: Future Land Use Map Classification: Single Family Zoning District: RMF Existing Land Use. Single Family Residence South: Future Land Use Map Classification: Single Family Zoning District: RMF Existing Land Use: Single Family Residence West: Future Land Use Map Classification: Commercial Zoning District: CBD Existing Land Use: Hotel Staff Report Sicant: Ben & Laura Sims. Rezoning Request Petition No. 06-004-R The subject property contains a residential structure. Additionally, the applicant is requesting to amend the Future Land Use Map from Single -Family to Commercial to allow an accounting office. The surrounding block of the subject parcel is a single- family neighborhood and a commercial office would be out of place. There is adequate commercial nearby and it is not necessary to further encroach in a new residential area. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. The proposed zoning and use are inconsistent with the Comprehensive Plan 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The use being requested is authorized under the CLT Zoning District as a permitted use. 3. Bhe proposed use will not have an adverse effect on the public interest. It has not been demonstrated that the proposed use would avoid an adverse effect on the public interest especially increased traffic generation in a residential neighborhood. 4. 7-he use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The use is not appropriate for this location. Furthermore, any future commercial use in this area could have a detrimental impact on the neighboring residential homes by allowing commercial traffic generation and other impacts related to operating a commercial venture. Such impacts may be incompatible with and difficult to buffer from adjacent 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. Permitted uses such as those allowed in the CLT Zoning district could affect or have the appearance of affecting property values in the residential neighborhood. 2 Staff Report Rezoning Request Applicant: Ben & Laura Sims. Petition No. 06-004-R 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood If granted, the use may be required to be buffered from the residential neighborhood. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed use and CLT Zoning will not overburden public facilities such as schools and utilities services. Traffic, however, would be increased. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The subject property will increase traffic as a result of future commercial use. If approved, a site plan will be required to show drainage on the site. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the proposed use has not been inordinately burdened by unnecessary restrictions. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change could be interpreted as a special favor to an individual owner. Summary and Conclusions Prior to Certification The proposed zoning and use appears to be inconsistent with the Comprehensive Plan. Recommendation Staff does not recommend for approval of the request to allow rezoning from RMF to CLT permitting the applicant to operate an accounting office at this location. Submitted by: James G. LaRue, AICP Planning Consultant February 17, 2006 28, 2006 - ing Board - PaLe 4 of 6 IV. NEW BUSINESS CONTINUED. B. Rezoning Petition No. 06-003-R. Consider a recomendation to the City Council to rezone Lots 4 to 6 of Block 251, First Addition to Okeechobee, from Residential Single Family -One (RSF-I) to Residential Multiple Family (RMF). The subject property is located at 702 and 704 Southwest 7' Avenue. Malissa Morgan is the applicant on behalf of property owner(s) A Child's World Childcare and Preschool, Inc. Deputy Clerk Eddings read in its entirety, for the record, a letter which had been presented to the Board by applicant Malissa Morgan, President of A Child's World Childcare and Preschool, Inc. as follows: "I am in receipt of your letters dated February 21, 2006 and the accompanying staff reports related to referenced applications Rezoning Petition No. 06-003-R and Comprehensive Plan Future Land Use Map Amendmant No. 06-004-SSA. Based on that correspondence, we have contacted LBFH, Inc. a local engineering firm, to request assistance in addressing the items listed in the two staff reports. Mr. Jeff Sumner (LBFH) has contacted Mr. Jim LaRue, and they have agreed that additional time is required in order to adequately address the City's concerns. Therefore, at Mr. LaRue's suggestion, I respectfully request that the two above referenced petitions be pulled from the agenda for Tuesday evening's meeting. We will contact you in the near future, after further discussions with Mr. LaRue, in order to request a new hearing date. Thank you in advance for your continued assistance in this matter. If you have any questions, please do not hesitate to contact meat your earliest convenience. Sincerely, A Child's World Childcare and Preschool, Inc., Malissa Morgan, President." The consensus of the Board was to grant a time extension for Petition No 06 003 R until March 28, 2006. C. Rezoning Petition No. 06-004-R. Consider a recommendation to the City Mr. LaRue, briefly reviewed the Staff Report as follows: Planning Staff Report Request: The Council to rezone Lots 5 and 6 of Block 205, First Addition to Okeechobee, from applicants, Ben and Laura Sims, request a rezoning from Residential Multiple Family (RMF) to Residential Multiple Family (RMF) to Light Commercial (CLT). The subject Light Commercial (CLT) to allow an accounting office on the subject property located at 203 . property is located at 203 Southeast 2"d Avenue. Ben and Laura Sims are the Southwest 2' Avenue, legal description being: Lots 5 and 6 of Block 205, First Addition to property owner(s) and applicant(s). 11 Okeechobee. Planning Staff Report Analysis: (1) The proposed zoning and use are inconsistent with the Comprehensive Plan. (2) The use being requested is authorized under the CLT Zoning District as a permitted use. (3) It has not been demonstrated that the proposed use would avoid an adverse effect on the public interest especially increased traffic generation in a residential neighborhood. (4) The use is not appropriate for this location. Furthermore, any future commercial use in this area could have a detrimental impact on the neighboring residential homes by allowing commercial traffic generation and other impacts related to operating a commercial venture. Such impacts may be incompatible with and difficult to buffer from adjacent uses. (5) Permitted uses such as those allowed in CLT Zoning District could affect or have the appearance of affecting property values in the residential neighborhood. F 2006- Planninp- Board - Page 5 of 6 IV. NEW BUSINESS CONTINUED. C. Rezoning Petition No. 06-004-R continued. (Continued from 5) allowed in the CLT Zoning District could affect or have the appearance of affecting property values in the residential neighborhood. (6) If granted, the use may be required to be buffered from the residential neighborhood. (7) The proposed use and CLT Zoning will not overburden public facilities such as schools and utilities services. Traffic, however, would be increased. (8) The subject property will increase traffic as a result of future commercial use. If approved, a site plan will be required to show drainage on the site. (9) The proposed use has not been inordinately burdened by unnecessary restrictions. (10) The proposed change could be interpreted as a special favor to an individual owner. Planning Staff Report Recommendation: Staff does not recommend approval of the request to allow rezoning from RMF to CLT permitting the applicant to operate an accounting office at this location. Board Member Hoover inquired as to why this petition was not considered for Commercial Professional Office instead? She read the permitted uses for CPO from the code book as follows: Subject to the limitations that no retail sales, or display or storage of merchandise, and no manufacture or mechanical repair work shall be permitted, and no trucks larger than three-quarters ton capacity shall be used. The following principal uses and structures are permitted in the CPO district: (1) Professional office, business office, medical office. (2) Funeral home. Mr. Jim LaRue remarked that he spoke with the applicants, they are in agreement and he recommends the zoning be CPO. There was no further discussion from the Board. Board Member Hoover moved to recommend to City Council to approve Rezoning Petition No. 06-004-R, changing the zoning from Residential Multiple Family (RMF) to Commercial Professional Office (CPO); seconded by Board Member McCoy. Public School Concurrency +a • f y Purpose • Concurrency intended to forge a tighter link bet i-een development and school capacitt • It is a pay, as you gro«- plan cy�5 � b��=� a9L -31.71�(, rUJ ��,9 Senate Bill 360 • Requires all local governments and school boards to adopt school concurrence• by December 1.2008. • Directs the Department of Community Affairs to establish a phased schedule for the adoption of the Public school facilities element and required updates to the interlocal agreement General Requirements • All local governments must adopt consistent public school facilities elements (PSFE) • All local got ernments and the school board must update the interlocal agreement 1 A Penalties • Local government precluded from adopting plan amendments which increase residential density • School Board subject to sanctions involving the withholding of construction funds • A single interlocal agreement is encouraged • To be submitted to DCA prior to or at same time as comprehensive plan amendments • Subject to compliance reviety Interlocal Agreement • Update existing interlocal agreement • Purpose of agreement is to assure a uniform school concurrence• system and to serve as starting point for the development of the PSFE • Requires consensus on level of sen-ice standards, concurrencv service areas, maximum utilization of capacity, annual adoption of public schools capital facilities Program. options for proportionate -share mitigation, and implementation procedures Public School Facilities Element • All non-exempt local governments must adopt a public school facilities element • Purpose is to ensure that public school concurrence system is based on appropriate and relevant data and analysis and that consistent goals, objectives, and policies are adopted 2 Element must address correction of existing deficiencies, ensure adequate school capacity for the 5-year and long term planning periods. coordinate school location with residential development, ensure necessan• supporting infrastructure. include options for proportionate -share mitigation, and procedures for school site selection Must include maps of the general locations of schools for 5-year and long term periods Intergovernmental Coordination Element • Must satisfi, requirements for intergovernmental coordination Comprehensive plan must be coordinated with plans of school board — Must establish joint processes for population projections and school siting Capital Improvements Element • Must incorporate a financially feasible public school capital facilities program established in conjunction x6th school board Must incorporate level of sera ice standards Must update public school capital facilities Level of Service Standards Established in conjunction «ith school board Must be districtt,ide and apply to all schools of the same type: can have different level of service standards for different types of schools Incorporate into capital improvements element 3 • • Availability standard • School concurrency applies to residential development • Applied at time of site plan. final subdivision approval. or the functional equivalent. for a development or phase of development • Adequate capacity must be in place or under actual construction within 3 years • Developer can satisfy school concurrency through mitigation proportionate to the demand - Actual construction - Creation of mitigation banking based on construction of a school facility in exchange for right to sell capacity credits • Amount must be credited toward any other impact fee or exaction for the same need • Must be directed by the school board to a school capacity improvement identified in the 5-year district work plan which satisfies the demands created by that development Proportionate Share Mitigation Developer must execute legally binding develop- ment agreement with local gov and school board Mitigation must be proportionate to demand from actual development Options include: - Contribution of land - Pkmumt for con- struction or land acquisition Technical Assistance Expedited Interlocal Agreement Incentive - Direct financial assistance to lead local agency - Updated agreement due by September 1.2006 4 • • • Pilot Communities — pilot communities to prepare examples for other communities — Draft interlocal agreement due March 1, 2006 — Draft public school facilities element bv June 1. 2006 State Planning Consultant — Will produce proportionate -share mitigation methodologies. alternative approaches to establishing level of service standards — Will be available to assist pilot communities — Will be available to other local governments based ou need and availabilih• 4fi-ndigQ DCA Aveb site 5 E CITY OF OKEECHOBEE TECHNICAL REVIEW COMMITTEE MINUTES FEBRUARY 22, 2006 I. Call to Order - Chairperson. Technical Review Committee Meeting - Chairperson. II. Chairperson and Staff Attendance - Chairperson. Voting Members: Edgar Nazario, Building Official Brian Whitehall, City Administrator Denny Davis, Police Chief Donnie Robertson, Public Works Director Herb Smith, Fire Chief Oscar Bermudez, City Engineer Non -Voting Ex-Officio Members: Eddie Trent, Okeechobee County Health Department Jim LaRue, LaRue Planning and Management Services John Cook, City Attorney John Hayford, Okeechobee Utility Authority Melisa Eddings, Deputy Clerk Betty Clement, General Services Secretary III. New Business. A. Therapy Center of Okeechobee, Inc. Donna Durand submitted a reduction of parking request for a recently developed project, Therapy Center of Okeechobee, Inc. and Okeechobee Fitness Center. The subject property is located at 306 and 308 Northeast 3`d Street. PAGE 1 OF 6 Brian Whitehall, City Administrator, called the February 22, 2006 Technical Review Committee meeting to order at 10:00 a.m. Deputy Clerk Eddings called the roll. Absent Present Present Absent Present Present Absent Absent Absent Present Present (Deputy Clerk Eddings was present in the absence of General Services Coordinator Cook) Present Planning Staff reports that the applicant has 18 parking spaces on the site. If a twenty percent reduction is allowed, the applicant would only need to provide 17 parking spaces. There are no on - street spaces available. Staff recommends approval only if there is alternative parking provided for at least three spaces and that there is a demonstration that the peak "impact periods" of the two separate uses are at different times. FEBRUARY 22, 2006 - TECHNICAL REvIEW COMMITTEE - PAGE 2 OF 6 III. New Business, continued. A. Therapy Center of Okeechobee reduction of parking request continued. Ms. Donna Durand was present and addressed the Committee informing them that she had a mutual agreement notarized by the Church of God to share parking which would give her the additional spaces needed. Chief Davis remarked that his concern is the conflict of parking with church services. Staff discussed that a formal parking agreement should be entered into between the Church and Fitness Center, so to specifically address times/dates the Fitness Center has access to the churches parking lot since it is proposed to be open seven days per week. Administrator Whitehall asked Ms. Durand if she had been provided with the codes explaining the difference between private and public use for the fitness center. Ms. Durand responded yes, she had received the codes and understood the difference, and that the fitness center is a private center. There were no other comments. Police Chief Davis motioned to approve the twenty percent reduction of parking request for the Therapy Center of Okeechobee and Okeechobee Fitness Center, located at 306 and 308 Northeast 3`d Street, with the following contingencies; the Okeechobee Fitness Center is established as a private club; Attorney Cook review a Shared Parking Agreement executed by the Church and Ms. Durand, as set out above; Ms. Durand will post parking signs to control the overflow of parking and insert a parking notice on her membership applications so the members are aware of where to park; seconded by Fire Chief Smith. VOTE BERMUDEZ - YEA DAVIS - YEA SMITH - YEA WHITEHALL - YEA MOTION CARRIED. City of Okeechobee 55 Southeast Td Avenue Okeechobee, Florida 34974 Phone: (863) 763-3372 Fax (863) 763-1686 Application for Site Plan Review Name of Project: DONNA DURAND Applicant: DONNA DURAND Property Owner: DONNA DURAND Description of project including all proposed uses: CONSTRUCTION OF CBS COMMERCIAL BUILDING W/REQUIRED SITE DRAINAGE AND LANDSCAPING AS REQUIRED BY CITY OF OKEECHOBEE LDR. Number/description of phases: ONE Location of/Directions to the project: 306 NE 3RD STREET - US 441 (SR 15) TO NE 3RD STREET (WEST) TO ABOVE REFERENCED ADDRESS. Existing improvements on property: ALL EXISTING STRUCTURES AND SEPTIC SYSTEM TO BE DEMOLISHED AND REMOVED. Is proposed use different from existing or prior use? Lx Yes) _No) L�N/A) Total Land area in square feet: 22493 or acres: 0. 51 Existing impervious surface: square feet acres % of site Additional impervious surface: N/A square feet N/A acres N/A % of site Proposed total impervious surface 14625. square feet . 33 acres 64.71 % Of Site Current Zoning: HENDRY COMMERCIAL Current Future Land Use: COMMERCIAL Parcel identification number: 3-15-37-35-0010-01430-0040 HX and - - - - - - �� EXISTING IMPERVIOUg�TO BE REMOVED. Application for Site Plan Review Name of project: DONNA DURAND Applicant: DONNA DURAND Address: 210 NE THIRD AVE OKEECHOBEE, FLORIDA 34972 Phone: 863-634-7268 Other phone: N/A Contact Person: DONNA DURAND Fax: 863-357-4912 Address: 210 NE TVTRD AVE, OKEECHOBEE, FLORIDA 34972 Phone: 863-634-7268 Other phone: N/A Property Owner: Address: DONNA DURAND 210 NE THIRD AVE Fax: 863-357-4912 OKEECHOBEE, FLORIDA 34972 Phone: 863-634-7268 Fax: 863-357-4912 Engineer: H L. BENNETT - Address: 241 YEOMANS AVE LABELLE, FLORIDA 33935 Phone: 863-675-8882 Fax: 863-675-1327 Surveyor: JAMES R. ALMOND Address: 2973 SW 3RD TERRACE OKEECHOBEE, FLOIRDA 34974 Phone: 863-467-5700 Fax: 863-467-6121 Therapy Center of Okeechobee, Inc. Okeechobee Fitness Center, Inc. 3061308 NE 3rd Street, Okeechobee, FL 34972 (863) 357-4994 Therapy **(863) 357-6900 Fitness Center (863) 357-4912 Fax CD c>b • �J7 Shared Use Parking Agreement Purpose: This agreement is created between The Therapy Center of Okeechobee, Inc. and Okeechobee Fitness, Inc, 306/30& NE 3'd St, Okeechobee, Fl 34972, herein called "the center", and the Okeechobee Church of God, 301 NE 4ch Avenue, Okeechobee, Fl 34972, herein called "the church", for purpose -of clarifying a shared use agreement for parking between the above referenced entities. As the_ center is in need of additional parking spaces to satisfy city of Okeechobee business codes, and creation of these additional _spaces is impossible under current financial and/or real estate availability to it, the center has sought other means to locate and secure parking rights. As the church is located directly across from the center, has limited normal business hours, and has sufficient parking to satisfy the required city mandated parking for the center, it was approached for this purpose. The purpose of this agreement is in keeping with the friendly, neighborhood spirit of both of the party's and to clearly define the agreement to avoid any possible future misunderstandings. The following issues have been agreed upon by signature of the principles of each referenced entity: Terms: I. The initial agreement will be considered constituted on the date executed by mutual signature of the principles of each of the above referenced entities, and will be in full force and effect from this date. The agreement will last in perpetuity unless rescinded in writing by choice of either party. If any term or provision of this agreement is altered, or rescinded, 120 days written notice must be provided the other party in order to allow for that party to make needed other arrangements. During this 120 day period, the agreement will be considered in force and in effect under this provision: II. The agreement allows the center to make use of the church's south parking lot consisting of 11 marked spaces (inclusive of 1 marked handicap use space) for clients/ staff of the center. III. The church likewise will be granted use of the centers parking lot, consisting of 18 marked spaces (inclusive of 2 marked handicapped use spaces) for its congregation and staff as may be needed for special events, or should the church need to close some of its parking in its other lots during renovations or construction which otherwise may place the church in violation of city codes. IV. The church will be compensated for this agreement with the following: A. The pastor of the church will be given a complimentary fitness membership at no charge. Additionally, the immediate family members of the pastor will' be included in this membership. For this purpose, the immediate family shall consist of spouse, and any unmarried children living in the same home. This membership will be transferable to the acting pastor should change in pastor occur. B. The members of the congregation of the church will be granted discourrted. membership status at the rate of $34.00 per month per member. All other fees and rules of the center as published in the membership contract will apply. V. While every effort will be made to provide safe parking, the center, nor the church will be considered responsible, or liable for the vehicles or property of their respective members' vehicles, or persons, while using the above referenced parking areas. It is a park at the risk and responsibility of the individual members' situation. Any loss due to damage and/ or theft will be the responsibility of the vehicle owner. VI. Either entity may designate certain days or times of day when parking will be in use by it's own facility and therefore not available. VIL Any disputes of this agreement will be attempted to be settled amicably between the duly installed pastor of the church and the principle owner of the center. Should disagreement continue, it is hereby agreed that the dispute will be addressed in Florida courts under the applicable provisions of Florida law. VIH. Should any provisions or terms of this agreement be in violation of Florida law, or the codes and ordinances of the City of Okeechobee, it is understood that they will be altered, or removed to satisfy law while not principally changing this agreement. The following signatures constitute agreement of the above provisions and terms and are hereby set forth as binding for both entities as of the date of signature. Date Pastor of the Okeechobee Church of God �'�� ►�w�-cs�s�,,r� Date r�2 Z� D10 Owner, Okeechobee Fitness Center And Therapy Center of Okeechobee Notary I have witnessed the above signatures to be. of the i dividuals listed. Identification used: Drivers License Personally Known Other, Describe My commission expires on the -day of in the year 2pD& My cense ber is Seal of Notary • G\�y OF m LL a 61915City O • Okeechobee Bid Opening Minutes 2005-2006 Roadway Improvement Bid Opening Bid No. PW-01-10-11-05 December 15, 2005 at 2:00 p.m. ExnIBIT 8 MARCH 7, 2006 Katrina Cook, General Services Coordinator, called the Bid Opening to order at 2:00 p.m. on December 15, 2005. Those in attendance were: Donnie Robertson, Public Works Director Katrina Cook, General Services Coordinator Gerald Mills, Better Roads of Lake Placid, Inc. Chad Swint, Ranger Construction Richard Forlifer, Dickerson Florida, Inc. There were three bids submitted as follows: Company Name Bid Amount Better Roads $ 681,544.50 Ranger Construction $ 703,346.85 Dickerson Florida, Inc. $ 768,667.00 Donnie Robertson, Public Works Director, thanked everyone for submitting their bids and informed the contractors that they will be notified by the City of Okeechobee when the bids will be considered and awarded by the City Council. The meeting was adjourned at 2:05. 55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686 0 0 City of Okeechobee 3/7/2006 2005-2006 Roadway Improvement Bid Cost by Street - Revised for March 06 Bid Award SE 4th Street (From 13th Avenue to 10th Avenue) $14,860.00 SE 9th Avenue (From 7th Street to 9th Street) $12,020.00 SE 8th Drive From 15th Street to 10th Street SE 14th Street (From 8th Drive to 9th Avenue) 7 $9,968.00 SE 14th Court (From 8th treet to 9th Avenue) $7,370.00 SE 3rd Street (From 8th Driv o 8th�Avenue) $8,066.00 SW 21st Street (From 7th Avenue to South Parrott) $35,991.50 SW 7th Avenue (From 9th Street to 15th Street) $32,399.50 SW 5th Street (From 11th Avenue to 12th Avenue) $8,202.50 SW 4th Street (From 11th Avenue to 12th Avenue) $8,170.00 SW 3rd Street (From 10th Avenue to 12th Avenue) $16,622.50 NW 2nd Street (From 7th Avenue to 11th Avenue) $35,648.50 NW 3rd Street (From 7th Avenue to 11th Avenue) $19,870.00 NW 7th Street (From 11th Avenue to 12th Avenue) $8,560.00 NW 10th Avenue (From 6th 81met to State Road 70) M $28,734.00 NW 4th Avenue (From 5th Street to 4th Street) $4,972.00 NW 2nd Street (From 4th Ave to No h Parrott Ave - Parking Block Only) $16,240.50 NW 3rd Street (From 4th Av to North Parrott Ave - Parking ,Block Only) $15,577.50 NE 4th Street (From 6th Ave North Parrott Avenue $27,950.00 NE 4th Avenue (From 7th Street to 2nd Street) $28,987.50 NE 3rd Avenue (From 7t� t to th Street) $5,545.50 NE 2nd Avenue (From 3r Street to 2nd Street) $5,578.00 Amended to 1 lane SW 12th Avenue (From 2nd Street to 4th Street) $46,000.00 SW 12th Avenue (From 3rd Street to 4th Street) * Guardrail * $7,500.00 Leveling $2,900.00 Total Project Cost $431,687.50 Streets removed from oriainal bid: SE 9th Avenue (From 11th Street to 14th Street) $14,234.00 SE 8th Avenue (From 8th Street to City Limits) $45,610.00 SW 7th Avenue (From 15th Street to City Limits) (1st st to add back) $40,645.00 SW 7th Avenue (From 6th Street to 9th Street) $16,411.00 SW 10th Drive (From 11th Street to 15th Street) $20,450.00 SW Park Street (From 7th Avenue to 11Jt Avenue) $39,955.00 NW 11th Avenue (From 7th`S re 3rd Street NW 8th Street (From 2nd Avenue orth Parrott Avenue) $4,825.50 NE 6th Avenue (From 6th S r�o State Road 70) $28,760.00 Error (omitted) NW 2nd Street (From North Parrott to 3rd Avenue) $11,207.50 Subtotal of removed streets $249,857.00 Note: fyi - Original Bid $681,544.50 • Exn]BIT 9 • MARCH 7, 2006 TO: Mayor and Council Members FROM: Herb Smith, Fire Chief 'pW SUBJECT: 90 days Worker's Compensation Leave - Phil Conroy DATE: March 1, 2006 I am respectfully requesting a 90 day extension of workers compensation leave for Fire Fighter Phil Conroy. Mr. Conroy was injured on the job on December 10, 2005. According to the City Personnel Policies and Procedures (copy attached) in order for the City to continue making up the difference in his salary, from what is paid by workers compensation, the Council must approve the leave for up to 90 days. The dates for leave to be approved are from March 10, 2006 until June 10, 2006. It is possible that Mr. Conroy will be released to return to work prior to the end of the 90 days. Your consideration to this matter is greatly appreciated, should you have any questions please do not hesitate to contact me. Thank you. City retirees are eligible to participate in the City's Group Health Insurance Plan as provided by law. (Florida Statute 112.0801) GROUP LIFE AND DISABILITYINSURANCE The City provides a paid life insurance policy for general employees. The City provides a paid life and accidental death and dismemberment insurance policy for its Police Officers and Firefighters pursuant to Florida Statutes. A non -job connected disability insurance is provided for all full-time City employees. JOB CONNECTED INJURY BENEFITS The City provides Worker's Compensation Insurance benefits to any employee injured as a result of job duties. The City will secure immediate medical attention for an injured employee and furnish competent medical services. The insurance plan provides for complete payment for medical services, hospital charges and related therapy or treat- ment. The City will pay the employee's regular weeldy salary less applicable deductions the first seven (7) days an employee has been temporarily disabled. Worker's Cqw- ensation will pay benefits for periods exceeding seven (7) days. The employee will receive the difference between what the Worker's Compensation benefi_ t pays and his tier nornjal salary equaling one hundred percent (100%) of his/her normal salary if the injury is attributable to the employee's occupation in the City and is considered as such under the Workers' Compensation Statute of the State of Florida and its rules and regulations This difference in workers compensation benefits and normal salary shall be provided IT to ninety 90) days from the date of injury. Extensions beyond 90 days may be made by the City Council in increments up to ninety (90) days. The employee will reimburse the City if the amount paid exceeds one hundred percent (100%) of normal salary. This may be accomplished by the employee making a cash payment to the City. Specific details can be provided by the Finance Department. An employee who is injured as a result of job duties and is classified permanently totally disabled by Worker's Compensation will be entitled to leave with full pay, commencing from the date that the employee is so classified by the State, which will be reduced by the benefits paid to the employee by the insurance carrier for a maximum of ninety (90) calendar days. The paid disability leave must be recommended by the employee's Depart- ment Head and authorized by the City Council. An employee who remains permanently totally disabled after the allowed maximum disability leave may elect to receive weekly payments charged first to accrued sick leave then to accrued annual leave account. These amounts will be reduced by the disability benefits paid to the employee by the insurance 13 carrier, or an employee classified as permanently totally disabled may elect to immediately cash out any accrued sick leave or annual leave. UNIFORMS FURN1sHED The City furnishes uniforms to the employees of the Public Works Department, the Police Department, and the Fire Department. Uniforms are also furnished to the City's Custodian. i 14 • ExnlBIT 10 • MARCH 7, 2006 55 Southeast 3rd Avenue * Okeechobee, Florida 34974 # 863- 763-3372 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. TEMPORARY STRFFT ANn SInF'UVAI t! 1-1 n4Z1K1f- Name of Applicant of Ctmwroa Today's Date F&nmrr 16, 2006 Address 55 South Fitt AvenLe Phone(s) (863) 763-6464 Name of Property Owner - Address Ph-one(s) 763- Street to be Closed S9 2nd Ave, bW 3rd Ave, bW 4th Aw, bW 5th Ave Dates to be Closed larch 11 arid -March 12, 2006 Time(s) to be Closed Purpose of Closing ( ans wAkirg emxigh parks to aheerve 4-ts/crafts/food)-a1so portolet use Speckled Perdi Fbstival Original Signatures of all residents, property owners and business owners affected by street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications) Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications) Attachments If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. State Food Service License if selling food. State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks) awClean-up is required within 24 hours. §wNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. ff�"No donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. 9wThe City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. owDumpsters and port -a -lets are required when closing the street for more than 3 hours. n PUBLIC WORKS DEPARTMENT Donnie Robertson Public Works Director Authorized. Signature Date Typed Name & Title . Signature FIRE DEPARTMENT orized Signature CZ /-o.(� Date Denny Davis, Chief of Police Typed Name & Title Herb Smith, fire Chief Date Typed Name & Title Occupational and/or State License Verified: ADMINISTRATION � ? Z 2 Brian.. Whitehall C' Administrator Aut o zed Si nature D to i yped Name & Title CLERK'S hoc u Uy 4LCA-C 1,CX wu-V 10e 'L fQ OFFICE Lane Gamiotea, City Clerk Authorized Signature Date Typed Name & Title APPROVED/DENIED BY COUNCIL ON: Rcvised 8/05/03 asn 1111 11111111U1111111�1 ©©o.o©U©HE UooERmE&_000EH 91 §11 OWN W esY 'PfC?-k- STRE-U-T- 910990 �IOAII Rod- SOLL-r" 6�A�BI ra ra U a a aaaaa a ro r > aa� U � NM[t'LC)l0 am �w wwwww W es-r 151.4 411 � m0oi� 00�mo ul b • 55 Southeast Yd Avenue I City of Okeechobee Okeechobee, Florida 34974 # 863- 763-3372 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. TEMPORARY STREET AND SIDEWALK CLOSING Name of Applicant Chaanber of amTrence Today's Date Fdbnary 16, 2006 Address 55 Swth pit AvEmie Phone(s) 763-6464 Name of Property Owner City of Address 55 Sat East 3rd Avenue Phone(s) 763--3372 Street to be Closed EW 2nd Ate,., EW 3rd Ave., Sw 4th Aw., EW 5th Ave„ bebwem N & S Fk St Dates to be Closed Septenber 2 2M6 tbrarb S2ptarbex 4 2006 Time(s) to be Closed Purpose of Closing Labor Day Ebstival Original Signatures of all residents, property owners and business owners affected by street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications) Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications) Attachments If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. State Food Service License if selling food. State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks) mrr,Clean-up is required within 24 hours. 5wNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. owNo donations can be requested if any type of alcoholic beverages are served on private propertylbusiness unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. IwThe City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. owDumpsters and port -a -lets are required when closing the street for more than 3 hours. y . PUBLIC WORKS DEPARTMENT Authorized. Signature POLICE DEPARTMENT a- 1 G- d4 Donnie Robertson, Public Works Director Date Typed Name & Title . _Denny Davis Chief of Police Authorized Signature Date Typed Name & Title orized Signature ADMINISTRATION o)J ed Signoure CLERK'S OFFICE NPrb ¢ml th Fire Chief Date Typed Name & Title Occupational and/or State License Verified: z: an, w.riitenaii. City 'A j yped Name & Title Lane Gamiotea, City Clerk Authorized ignature Date Typed Name & Title APPROVED/DENIED BY COUNCIL ON: Revised 8105/03 Q 7 >>1zLrnj 8 iI F 7 B 9 10 31 9 � z 111111 z - NW 3RD ST (70') NW ; 5 1 3 2 1 F6151413J211 Mul0iceff 11111-111 10�m1 D ST (70') am�m 6�R91� 1991 nevi M US TIMME a 7 SOLL-M 1 a H E-+ U) W w N N N N A 0 N M 'T U-) W a cn cn cn C/I O�p�91 om�m� rvc.0 615141312111 6 5 4 3 2 t 6 5 4 3 2 1 UiF B91 1112�789 � 10 ii a ul ��ao0 omd�o� YOG91 9Em19� City of Okeechobee 55 Southeast Yd Avenue * Okeechobee, Florida 34974 # 863- 763-3372 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. TEMPORARY STREET AND SIDEWALK CLOSING Name of Applicant Chaffer of 03Tneroe Today's Date FebrLEwv 16 2DD6 Address 55 Sruth Parrott AvEmi Phone(s) 763-G464 Name of Property Owner City of 0mectlj�ee Address Phones) 763-3372 Street to be Closed cW 2nd Ave. � S}H 3rd Aye., SW 4th Ave. between N & S Dates to be Closed Daomber 9 2006 Time(s) to be Closed Purpose of Closing Christ Tes parade Original Signatures of all residents, property owners and business owners affected by street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications) Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications) Attachments If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. State Food Service License if selling food. State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks) owClean-up is required within 24 hours. gai'No alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. Qi'No donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. KwThe City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. OwDumpsters and port -a -lets are required when closing the street for more than 3 hours. L PUBLIC WORKS DEPARTMENT POLICE DEPARTMENT ized Signature rized Signature ADMINISTRATION SigrYhture Donnie Robertson, Public Works Director Date Typed Name & Title . Denny Davis, Chief of Police Date Typed Name & Title Herb emi fh , Fire Chief Date Typed Name & Title Occupational and/or State License Verified: %3 Brian teha.11 , City Administrator i yped Name & Title CLERK'S i OFFICE V'*1 .1 Ct./w (-2� 2- od Lane Gamiotea, City Clerk Authorized Signature Date Typed Name & Title APPROVED/DENIED BY COUNCIL ON: Rcvised 8/05/03 I—� Il'l�lll lbl'IY112111¢ 6 .5 1 �1 t--Al 7 8 97 10 11 12 7 81,911"I'll. 7 8 91011Q z Z NW 3RD ST 70 5 11312111 161514131211 OIADICImMIM0M0MIE 3 Z 090�91 IO�IN D ST Q0') 9�0991 I��11 16�61 INd�N son ]IN 11111116�o ��mE ood�o�-o0d 9RI�91' i1m��R F,w G3 L2 W r,. 6 5 4 3 2 1 9 6 5[41332 1 "j 8 111 an7891 111 10 ra ro a a, a) a) E > > > m 9 � 1010r. U) 0 >4 4-) •rl N M Cj ?4 UU) U) U) 9opa11 169r1� �0N91 ee�dee eer�m� 111111111 viii'lltill 0�oig o�mia E+ I mll 01pM191 IIA-I 0o�mv NE PARK 0 EXHIBIT 11 C _ MARcn 7, 2006 55 Southeast Y4 Avenue # Okeechobee, Florida 34974 # 863- 763-3372 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. TFMP0RARY STREET AND SIDEWALK CLOSING Name of Applicant First Baptist axrch Today's Date Feb"ry 16, 2006 Address 401 SW 4th Street Phone(s) 763-2171 Name of Property Owner City of Ctmechobee Address 55 Southeast 3rd AVEM]e Phones) 763-3312 Street to be Closed Sq 6th Ate, be� N & S Fk St Dates to be Closed 0otoker 31, 2006 Time(s) to be Closed 8:00 an to ?4dniqht Purpose of Closing Ommrd- y F�L11. Festival Original Signatures of all residents, property owners and business owners affected by street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications) Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications) Attachments If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. State Food Service License if selling food. State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks) Clean-up is required within 24 hours. osNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. u&'No donations can be requested if any type of alcoholic beverages are served on private propertylbusiness unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. wrThe City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. M"Dumpsters and port -a -lets are required when closing the street for more than 3 hours. PUBLIC WORKS DEPARTMENT Donnie Robertson Public Works Director Authorized. Signature Date Typed Name & Title . POLICE DEPARTMENT Denny Davis, Chief of Police orized Signature Date Typed Name & Title Signature HF-rh Sm; t-b ,� Fire Chief Date Typed Name & Title ADMINISTRATION Occupational and/or State License Verified: �ia tehall C' ,Administrator Au or' ed Sig ture D e i yped Name &Title CLERK'S OFFICE &to 0Vt ItIASI ICE -& jtat QqQ-� Authorized §ignature !�2)�8LaOOL Lane Gamiotea, City Clerk Date Typed Name & Title APPROVED/DENIED BY COUNCIL ON: Revised 8105103 6 2 1w 2 1� 6 S I�I, - Q - 7 11 12 LO 9 it 1� 7 8 9 10'1l 3 7 B 9 1101 1112 ,11 z NW 3RD ST 70 IIiIII IIIIIII1 W 2ND ST ©MEMM©0©8E MCIOICIMMMUMOICOmE 9��91 III 0�immm 0�immm — NOFtTN M1�5Y �f�>�ti. s�c"R.� r F �'5 Amy3 L2 E►I of i SoU.IN J WC:ST PARK :SN-ts'i_ 09p110 010�1! ai��� �EIn�11 I iff, A y U) a, 14 ra w 0 U 19A�91 6mm�0� A 0©0©©a 01214ma mmm mmmmmu o milli10,11111 am.MIIIII �9�91 u0a91�0a11� eeede� eee�m� eAAim 0 1011 SIDE v1;4o . 4E 6 5 41 2ND ST I