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2006-03-21 Regular Meeting1 CITY OF OKEECHOBEE MARCH 21, 2006 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION CALL TO ORDER - Mayor: March 21, 2006 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation by Pastor Ed Stewart of St. Stephan Church Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the March 7, 2006 Regular Meeting. PAGE 1 OF 7 Mayor Kirk called the March 21, 2006 Regular City Council Meeting to order at 6:00 p.m. The Invocation was offered by Pastor Stewart of St. Stephan Church; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Absent (due to illness) Present Present Present Present Present Present Present Present Present Present Council Member Markham moved to dispense with the reading and approve the Summary of Council Action for the March 7, 2006 Regular Meeting; seconded by Council Member Watford. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - ABSENT WATFORD - YEA MOTION CARRIED. 500 MARCH 21, 2006 - REGULAR MEETING - PAGE 2 OF 7 V. WARRANT REGISTERS - City Administrator. A. Motion to approve the February 2006 Warrant Register: General Fund ............................. $343,154.72 Community Development Block Grant Fund ...... $10,472.26 Law Enforcement Special Fund ................. $6,375.00 Public Facilities Improvement Fund ................. $11.08 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN THE PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1. a) Motion to read by title only, 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 1). b) Vote on motion to read by title only. Council Member Watford moved to approve the February 2006 Warrant Register in the amounts: General Fund, three hundred forty-three thousand, one hundred fifty-four dollars and seventy-two cents ($343,154.72); Community Development Block Grant Fund, ten thousand, four hundred seventy-two dollars and twenty-six cents ($10,472.26); Law Enforcement Special Fund, six thousand, three hundred seventy-five dollars ($6,375.00); Public Facilities Improvement Fund, eleven dollars and eight cents ($11.08); seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - ABSENT WATFORD - YEA MOTION CARRIED. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. There were none. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:03 P.M. Council Member Watford moved to read by title only, 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. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - ABSENT 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, SEVERABILITY AND AN EFFECTIVE DATE." MARCH 21, 2006 - REGULAR MEETING - PAGE 3 OF 7501 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. a) Motion to adopt proposed Ordinance No. 936. Council Member Markham moved to adopt proposed Ordinance No. 936; seconded by Council Member Williams. b) Public comments and discussion. This Ordinance amends the Zoning designation on Lots 6 through 10 of Block 66, Okeechobee, for property located at 703 Northwest 91h Avenue from H to RMF. The application was submitted by property owner, Mr. Jason Tomlinson. This application was reviewed by the Planning Board on February 28, 2006. Seven letters were mailed to surrounding property owners with no responses. The sign was posted on the property. All advertisements were published. 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. Future Land Use designation to the North is Single and Multi -Family, to the South is SF, to the East is MF and to the West is IND. Zoning to the North and East is RMF, to the South is H and to the West is IND. The existing use, multi -family dwellings are to the North, the South is vacant, the East has migrant housing and the West is a mix of industrial and commercial type uses. (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 11 granted if this application is approved. One additional note reflected in the Planning Staff Report was that prior to development, the applicant must submit a landscape plan with the site plan, which is consistent with the requirements set forth in Sections 90-532 and 90-538 of the LDR's. Mayor Kirk asked whether there were any questions or comments from the public? There were none. The Council briefly discussed the issue of developer responsibility to pave unimproved streets surrounding new developments, wanting to make sure the developer understands this and that the Technical Review Committee (TRC) would be the authority to decide which roads would be improved/paved during site plan review. 502 MARCH 21, 2006 - REGULAR MEETING - PAGE 4 OF 7 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. c) Vote on motion. B.1. a) Motion to read by title only, 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 2). b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - ABSENT WATFORD - YEA MOTION CARRIED. Council Member Williams moved to read by title only, 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 Watford. KIRK - YEA CHANDLER - ABSENT MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 937 by title only. Attorney Cook read proposed Ordinance No. 937 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 OFLANDMORE PARTICULARL Y DESCRIBED HEREIN, FROM RESIDENTIAL MULTI -FAMILY (RMF) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT; AMENDING THEZONING MAPACCORDINGL Y; PROVIDING FOR CONFLICTS, SEVERABILITYANDANEFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 937. III Council Member Markham moved to adopt proposed Ordinance No. 937; seconded by Council Member Williams. b) Public comments and discussion. 111 Mayor Kirk asked whether there were any questions or comments from the public. There were none. This Ordinance amends the Zoning designation on Lots 5 and 6 of Block 205, First Addition to Okeechobee, for property located at 203 Southeast 2Id Avenue from RMF to CPO. The application was submitted by property owners Ben and Laura Sims. This application was reviewed by the Planning Board on February 28, 2006. Thirty letters were mailed to surrounding property owners with no responses. The sign was posted on the property. All advertisements were published. Initially the Planning Staff was recommending denial, which was based on their criteria listed in the Staff Report. However, after review by the Planning Board at their February 28, 2006 meeting, with a recommendation to change the requested zoning from CLT to CPO, and the applicant agreeing to the change, the Planning Board and Planning Staff is recommending approval. MARCH 21, 2006 - REGULAR MEETING - PAGE 5 OF 7 5 0 3 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Public comments and discussion comments continued. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. VIII. NEW BUSINESS. Council Member Markham noted that he voted against this matter at the first reading. However, after studying the situation further and visiting the site several times, he has concluded that it may not be as much of an impact on the surrounding residential homes and would support the rezoning. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER -ABSENT WATFORD - YEA MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:14 P.M. MOTION CARRIED. A. Consider a request made by Okeechobee Main Street Promotional Mr. Terry Burroughs of Okeechobee Main Street (OKMS) addressed the Council requesting that they consider Committee pertaining to the annual Tree Lighting Ceremony and changing the Annual Tree Lighting Ceremony and Christmas Celebration. Last year OKMS managed a Christmas Christmas Celebration - Terry Burroughs (Exhibit 3). celebration in conjunction with the City's Annual Tree Lighting Ceremony. OKMS would like to work closer with the City in coordinating both the events and propose the following changes/recommendations: 1. OKMS would coordinate the tree lighting and celebration event by sitting up a committee comprising various individuals from OKMS, the City, business owner's, church and civic groups. 2. The event date would change from the Tuesday after Thanksgiving to the second Saturday after Thanksgiving. 3. The Tree Lighting Ceremony would move from City Hall Park to Park 3, along with the moving of the Christmas Cards Display into Park 4, OKMS would also provide a tree. 4. West South Park Street would be closed from Rustic Ranch Furniture Store (corner of South Park and 2"d Avenue) to Southwest 5th Avenue, allowing non-profit organizations, church groups and food vendors to set up booths within the closed street to create a festival atmosphere. 5. OKMS would conduct a Christmas Window Decoration Contest for the businesses. Mayor and Council Members were also presented with a list of pros' and con's from the City's Christmas activity coordinator, Kim Barnes. Mrs. Barnes was not in favor of combining the two events and listed several problems with the two being held on the same evening last year. 504 MARCH 21, 2006 - REGULAR MEETING - PAGE 6 OF 7 Vill. NEW BUSINESS CONTINUED. A. Consider a request made by Okeechobee Main Street Promotional Committee pertaining to the annual Tree Lighting Ceremony and Christmas Celebration continued. The Mayor, Council Members, Mr. Burroughs, and Mrs. Lonnie Kirsch discussed how the two events could coordinate together. Mayor Kirk and Council Member Markham requested that OKMS find a way to keep the event at City Hall Park, where the City began this tradition several years ago. Council Member Watford suggested that it would be better to coordinate the event with the Chamber of Commerce Lighted Parade, as it had been done several years ago. Mr. Burroughs advised that he would take the Council's concerns and suggestions back to the OKMS board for further discussion. There was no official action taken on this item. B. Motion to approve a Temporary Street Closing Application Council Member Markham moved to approve a Temporary Street Closing Application submitted by the Boys Scouts submitted by the Boys Scouts of America for Southwest 3`d and 4P of America for Southwest V and 41' Avenues between North and South Park Streets on April 22, 2006 from 8:00 a.m. Avenues between North and South Park Streets on April 22, 2006 to 1:00 p.m.; seconded by Council Member Markham. There was a brief discussion on this item. from 8:00 a.m. to 1:00 p.m.- City Clerk (Exhibit 4). VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - ABSENT WATFORD - YEA MOTION CARRIED. C. Consider Street Closing Application No. 79, submitted by Street Closing Application No. 79 was submitted by Resurrection Life World Outreach Church to close the portion of Resurrection Life World Outreach Church to close a portion of Southwest 18`h Street, between 2"d and 3rd Avenues. The Okeechobee Utility Authority would require a 20-foot utility Southwest 18th Street between Southwest 2"d and 3`d Avenues - City easement for maintenance for their waterline. The City Engineer strongly objected to the closing due to the severe Clerk (Exhibit 5). flooding within the area, until the Master Storm Water Drainage Study was completed and the City would know what streets and alleys would be necessary for moving water to keep properties from flooding. The flooding in the Southwest section has been an on -going problem for the City, County and South Florida Water Management District since the 2004 Hurricane Season. After a brief discussion, the Mayor and Council advised Pastor SanMartin, who was present at the meeting, that they would not be able to process their street closing application at this time. Pastor SanMartin thanked the Council for their time and consideration on the matter. D. Motion to ratify the appointment of Jess Manson as the OUA Board Council Member Williams moved to ratify the appointment of Jess Manson as the OUA Board Appointee to the City Appointee to the City General Employees' OUA Pension Fund, General Employees' OUA Pension Fund, Board of Trustees, term beginning March 16, 2006 and ending December Board of Trustees, term beginning March 16, 2006 and ending 31, 2007; seconded by Council Member Watford. December 31, 2007 - City Clerk. MARCH 21, 2006 - REGULAR MEETING - PAGE 7 OF 7 5 0 5 I 1 Vill. NEW BUSINESS CONTINUED. D. Motion to ratify the appointment of Jess Manson as the OUA Board VOTE Appointee to the City General Employees' OUA Pension Fund, KIRK - YEA MARKHAM - YEA WILLIAMS - YEA Board of Trustees, term beginning March 16, 2006 and ending CHANDLER - ABSENT WATFORD - YEA MOTION CARRIED. December 31, 2007 continued. 11 E. Consider Code Enforcement Board recommendation to begin foreclosure proceedings on the Geraldine Bertram, Case No. 05- 217, property located at 902 NW 10th Street, violation Section 30-35 containers required for trash and Section 30-36 dumping, depositing, leaving on or near street - City Attorney (Exhibit 6). IV. 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. ames E. Kirk, Mayor ATTEST: Lane Gamiotea, QMC, City Clerk On March 14, 2006, Code Enforcement Board unanimously recommended that the City Council begin foreclosure proceedings after a ten dollar ($10.00) per day fine accrued for more than 90 days. Case No. 05-217, Geraldine Bertram, is the owner, the property is located at 902 NW 10" Street, violations to Code Book Section 30-35, containers required for trash and Section 30-36, dumping, depositing, leaving on or near street. Following a brief discussion between the Council, Attorney Cook, Administrator Whitehall and Chief Smith, Council instructed the Administrator to place the matter back on the April 4 2006 agenda Mayor Kirk requested to see pictures of the violation Attorney Cook is to research further the trash container requirement with Waste Management. The Council clarified their purpose delaying action was not that they were against the Code Enforcement Board's recommendation. However, they needed additional information to make their decision, since this is the first one of these types of violations. The matter will be placed on the next agenda for consideration. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 7:03 P.M. The next regularly scheduled meeting is April 4, 2006. AFFIDAVIT OF ISLISIr1ER OKEECHOBEE TIMES 106 S.E. Sth St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a Notice of City Council Meeting PO #013031 City of Okeechobee 55 SE Third Avenue Okeechobee FL 34974-2932 In the Court, was published in said newspaper in the issues of 03/16/2006 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. Hughes, Jr., (Publisher) Sworn to and subscribed before me this day of A.D. 2006 CITY COUNCIL REGULAR MEETING NOTICE NOTICE IS HEREBY GIVEN that the City Council of City of Okeechobee will meet in RegulurrSession On Tuesday, March 21,k 2006, 6:00- P.m., at City Hall, 55 SE 3rd Ave., Rtn. 200, Okeechobee, Florida. The Public is invited and encouraged to attend. For a copy of the agenda on, " City Administration at (863) 763-3372 s 212. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to ap- peal any decision ntade by the _City Council with respect to my matterconsideredat this meeting, such interested person will need a record of the proceedings, and for such pur- pose may need to ensure a verbatim record of the proceedings is made, which record in- cludes the testimony and evidence upon which the appeal is to be based. Tapes are used for the sole purpose of back-up for the Clerk's Office. - . . In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing spe- cial wxamrtotlation to participate in. this pr0- cceding should contact Lane Gamiotea, no later than two (2) working days prior to the Proceeding a 863-763-3372 z 214; if you are hearing or voice impaired. call TOD 1-800- 222-3448 (voice) or 1-888-447-5620 (TCY). by: lames E. Kirk: Mayor Laoe Grvafotea, CMC, City Clerk PUBLISH 03/1W2M OKEECHOBEE TIMES (SEAL) Notary Public os, YF.�G; koseaiee A, Brennan *_ Comrnission#DD318483 710. Q_ Expires: Jun 25, 2008 9jFOF F' OQ`` Bonded Thly Atlantic Bonding Co., Inc. Page -1- Tape 1 side A CITY OF OKEECHOBEE - March 21, 2006 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Kirk, February 21, 2006. City Council Regular Meeting 6.00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Ed Stewart of St Stephan Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson X X X X X X X X X X X ILLNESS IV. MINUTES - City Clerk. A. Council Member Markham moved to dispense with the reading and approve the Summary of Council Action for the March 7, 2006 Regular Meeting; seconded by Council Member Watford. 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. WARRANT REGISTERS - City Administrator. A. Council Member Watford moved to approve the February 2006 Warrant Register in the amounts: General Fund, three hundred forty-three thousand, one hundred fifty-four dollars and seventy-two cents ($343,154.72); Community Development Block Grant Fund, ten thousand, four hundred seventy- two dollars and twenty-six cents ($10,472.26); Law Enforcement Special Fund, six thousand, three hundred seventy-five dollars ($6,375.00); Public Facilities Improvement Fund, eleven dollars and eight cents ($11.08); seconded by Council Member Markham. 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. Page -2- VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. There were none. VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:05 P.M. A. 1. a) Council Member Watford moved to read by title only, proposed Ordinance No. 936 regarding Rezoning Petition No. 06-002-R, submitted by property ownerWilliam 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 1); seconded by Council Member Williams. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 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 Markham moved to adopt proposed Ordinance No. 936; seconded by Council Member Williams. b) Public comments and discussion. This Ordinance amends the Zoning designation on Lots 6 through 10 of Block 66, Okeechobee, for property located at 703 Northwest 9'h Avenue from H to RMF. The application was submitted by property owner, Mr. Jason Tomlinson. This application was reviewed by the Planning Board on February 28, 2006. Seven letters were mailed to surrounding property owners with no responses. The sign was posted on the property. All advertisements were published. 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. Future Land Use designation to the North is Single and Multi -Family, to the South is SF, to the East is MF and to the West is IND. Zoning to the North and East is RMF, to the South is H and to the West is IND. The existing use to the North is multi -family dwellings, the South is vacant, the East has migrant housing and the West is a mix of industrial and commerical type uses. (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. One additional note reflected in the Planning Staff Report was that prior to development, the applicant must submit a landscape plan with the site plan, which is consistent with the requirements set forth in Sections 90- 532 and 90-538 of the LDR's. Developer responsible for Northwest 9,h Drive. This owner has intensions of • Page -3- selling the property to another developer. Northwest 7" Street would be the most likely access point, want to clarify 9`h drive is not a contingency, but that it would be up to the TRC to dictate which roads would be improved. Just putting it on the record for the developer to be sure he understands. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. B.1. a) Council Member Williams moved to read by title only, 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 2); 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 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 adopt proposed Ordinance No. 937; seconded by Council Member Williams. b) Public comments and discussion. This Ordinance amends the Zoning designation on Lots 5 and 6 of Block 205, First Addition to Okeechobee, for property located at 203 Southeast 2"d Avenue from RMF to CPO. The application was submitted by property owners Ben and Laura Sims. This application was reviewed by the Planning Board on February 28, 2006. Thirty letters were mailed to surrounding property owners with no responses. The sign was posted on the property. All advertisements were published. Initially the Planning Staff was recommending denial, which was based on their criteria listed in the Staff Report. However, after review by the Planning Board at their February 28, 2006 meeting, with a recommendation to change the requested zoning from CLT to CPO, and the applicant agreeing to the change, the Planning Board and Planning Staff are recommending approval. Discussed throughly at first reading. Markham changed my mind from first reading, studied it, way it is set up should work with the surrounding owners. Watford, doing some remodeling, working out well for you? Okay, not in builidng, waiting for rezoning to complete. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X • • MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:14 P.M. Page -4- Vill. NEW BUSINESS. A. Considera request made by Okeechobee Main Street Promotional Committee pertaining to the annual Tree Lighting Ceremony and Christmas Celebration - Terry Burroughs (Exhibit 3). Terry Burroughs, usually promotional director would be present, had previous engagement. Had 2 events, go back through aftewards to see what can be done to make better. We held a christmas celebration Lonnie Kirsh Dowling, ? School choir participants. Will continue to use. Center around city hall park rather than down south. Terry anything is possible, our goal is to draw people into the downtown stores, we want to shorten it, way to long last year, parks 2-3-4. Mayor - it has merit, response from Kim, we started a tradition here, a lot of people from the city that have helped with this, don't mean to take anything away from main street, but hate to see us give it away to them, would like to see it stay in city hall park or have theirs on different night, there was confusion having it on the same nights last year, hate to see us after seeing all this hard work to say that's okay we're going to take it down to the other parks. Terry - no wanting to cut city out, we have a responsiblity to help the city, don't' intend to cut them out, but improve it, change is difficult and not always acceptable, read through the issues she gave, our view was not to cut city out but embrace and better and bigger. Kirk - didnt take it as cutting city out just that it should stay in this park with the kids singing Watford would it be accepable to have same time with main street event during light ceremony. Terry keeping it here would only help the tradition, not the downtown stores, change is hard for them. Marketing 101 was lacking in last years event, will do better job of what to do, where to go and how to get there. Watford, remember when we did the other main street, stayed open on christmas parade night, nice to walk up and down the streets, natural fit, seems like city wants to keep lighting ceremony maybe that's another alternative to working with the chamber and wouldn't take anything from their event, having the businesses open, but they have the use of the parks for their event, but then we'd end up with 3 christmas events going on which would be to much. Mayor the only thing with it being next to city hall is it keeps it the city and there are not a lot of community events we do, we have our tree and enjoy seeing it in this park, would support any other efforts. Terry other issue, bring christmas cards up in the early parks. Markham, agree with you keeping lighting ceremony here in the parks, one thing we took on and agree we use this park very seldom, want to keep it up here, think if you try to get to many event in that short time you're not going to get as much, cards? Do they request the park? Donnie requested of me, I put them in the park because of all the other functions going on in the other parks, thought it worked out well. It was atrial point and we'd look at again. Markham, if they want to change they need ask the city staff. Lydia, nothing being taken away from the city, still have this tree lit, still have gingerbread house, take some away from the city, more things to do than just light the tree, can't do it in just this one park. Terry, regards to Donnie, didn't understand pick of park, didn't mean it was a bad thing. Take it back to the board and see if there is any interest in doing it in this park. B. Council Member Markham moved to approve a Temporary Street Closing Application submitted by the Boys Scouts of America for Southwest 3'd and 41' Avenues between North and South Park Streets • u Page -5- on April 22, 2006 from 8:00 a.m. to 1:00 p.m.- City Clerk (Exhibit 4); Council Member Markham. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. C. Consider Street Closing Application No. 79, submitted by Resurrection Life World Outreach Church to close a portion of Southwest 18" Street between Southwest 2"d and 3'd Avenues - City Clerk (Exhibit 5). Pastor SanMartin, preschool facility enlarged Markham 40 feet wide, 20 feet is what you would get, there is no way to get to the alleyway except through the street, we may need to open the street at some point, streets to East recently opened and paved due to new development, better save it and keep it for streets and drainage. Mayor, 2 concerns 1- no streets closed near this, 2 - drainage, engineer listed issue in his memo, need to hold off until the master drainage plan is completed with tthe county, need to make sure we don't make drainage problems worse. Williams, like to say we could approve, SW is worse drainage area, until we know what we need we can't close these streets, Kirk, Sept/Oct. Cannot grant your request at this time. D. Council Member Williams moved to ratify the appointment of Jess Manson as the OUA Board Appointee to the City General Employees' OUA Pension Fund, Board of Trustees, term beginning March 16, 2006 and ending December 31, 2007 - City Clerk; seconded by Council Member Watford. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. E. Consider Code Enforcement Board recommendation to begin foreclosure proceedings on the Geraldine Bertram, Case No. 05-217, property located at 902 NW 101h Street, violation Section 30-35 containers required for trash and Section 30-36 dumping, depositing, leaving on or near street - City Attorney (Exhibit 6). March 14, 2006 Code Enforcement Board unanimously recommended to begin foreclosure proceedings after a $10.00 per day fine accrued for more 90 days. Original citation, no trash containers. Taxes are not paid on property uses as dump site from other, Markham, rode over there, couldn't find anything wrong, found things on other areas on 10th Street. For use to go on a foreclosure on this duplex, seems harsh, if its put on her taxes, Cook, table until next month to give us time to talk with waste management. CEB doesn't have authority to abate the fines. • • Kirk, want to see the pictures of the property. Bring back at a later date. April 4, 2006 IX. MAYOR KIRK ADJOURNED THE MEETING AT 7:03 P.M. Page -6- Page 4- Tape 1 side A CITY OF OKEECHOBEE - March 21, 2006 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Kirk,A �C�006 City Council Regular Meeting 6:00 p.m. II. OPENING CEREMONIES: Invocation given om Pastor Ed Stewart of St. Stephan Church; Pledge of Allegignce 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 z IV. MINUTES - City Clerk. A. Council Membe (� moved to dispense with the reading and approve the Summaryof Council Action for the March 7, 2006 Regular Meeting; seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIA MOTION: IODARRIED DENIED. V. WARRANT REGISTER - City Administrator. A. Council Member moved to approve the February 2006 Warrant Register in the amounts: General Fund, three h ndred forty-three thousand, one hundred fifty-four dollars and seventy-two cents ($343,154.72); Community Development Block Grant Fund, ten thousand, four hundred seventy- two dollars and twenty-six cents ($10,472.26); Law Enforcement Special Fund, six thousand, three hundred seventy-five dollars ($6,375.00); Public Facilities Improvement Fund, eleven dollars and eight cents ($11.08); seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: ARRIED DENIED. 0 • Page -2- VI. AGENDA - Mayor. A., Requests -for the addition, deferral or withdrawal of items on today's agenda - --- VII. MAYOR KIRK OPENED THE 0-1013LIC HEARING FOR ORDINANCE ADOPTION AT P.M. A.1. a) Council Member- _ _ .moved tole.adby-title on"roposedDuiirrance Nn 936 regarding - Rezoning Petition No. 06- 2-R, submitted by property owner William Jason Tomlinson to rezone Lots 6 -10 and Lots 16 -20-of Block 66; Okeechobee, from Holdirig (H) Zoning --District fo-Pesidential---- Multi I amity (RMF) -City Planning Consultant (Exhibit 1); seconded by Council Member c) Attorney Cook read proposed Ordinance No. 936 by title only as follows; "AN ORDINANCE OF THE - CITY. OF_0_KEECH0B_EE,F_LORIDA,.'AMENDINGL 11{EOFFICIALZON/NGMAPDF_DKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, - - FROM HOL--DWCu(HgZO. NG--DISTRICT TaMSM-AFTIAL- Tf i-E-FAMILY{fiMF} ZONNNG - _ - DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABIL1TYAND ANEFFEC77VE DATE: ' ___- -2: al Council meml e'T moved to adopt proposed Ordinance No. 936; seconded by Council Member Public comments -and -discussion. - --Thi ends the -Zoning designation orrtots "roughh 10 of k-66; Okeechobee, -for -property - - located at 703 Northwest 91h Avenue from H to RMF. The application was submitted by property owner, Mr. Jason Tomlinson: This ap cation was revieaed by tFielsfanning Hoard -on February 28, 2006. Seven fetters were mailed to surroundingpropey owners with no responses. The_sgn_was posted_2n _ thers eriy. A_ IL --- - - _ _ advertisements were published. 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--Mu"-amily-t-arrd tie_ 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 properly with no more than T6 multiple lamiiy units. (2)_Section 90- - - --� 192(3)allows multiple fa miy dwellings as a permitted used_ The�ose _prod use and zoning may men fif�he_-_ _ public interest of the City. (4) The subject property had adequate access to a functioning street and is — _-- ---_ -- surmundedby uses,-which-are-compatible--with--the-appfican#'s rquest. Future nndAJse des+gnatier} #o-#f►e _ __ _ _- - _--- - - North is Single and Multi -Family, to the South is SF, to the East is MF and to the West is IND. Zoning to the -- _ l -and-East tsRMF-,to-the-South is H-arfdto-the Westt-tNa-The existingvsetoth-uNorth is -multi -fatuity--- - - dwellings, the South is vacant, the East has migrant housing and the West is a mix of industrial and --- - -- _-commerical _ - _---------- _ _ _-_ - --- ------_---- --_ ---- __ -_ - iype uses. (5) TKie proposed -use, if properly maintained, should benefit adjacent property values and help to encourage impro uffevement to the neighborhood._ If_ r�ir dhe�ronosed-use cane suitably_ __- -___ __ _ -- -- _ _— bred 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 ff nimaf. - (8) The development being proposed for this site will not create traffic congestion. If any drainage issues - - exists the- Building Officiial-will-evaluate them -prior to -issuing- _ certificate -ofi-occupan�.- W-The only- - restrictions on the property are those set forth in the Comprehensive Plan and Land Development Code. (101 - -There wir notbe a speciaTprivilegeVr in e-d-if this application is approved. One additional note reflected in the Planning Staff Report was that prior to development, Page -3- the applicant must submit a landscape plan with the site plan, which is consistent with the requirements set forth in Sections 90- 532 and 90-538 of the LDR's. — Art LA— � `t } 1 ke e- Zz C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT -_ KIRK CHANDLER MARKHAM WATFORD L. WILLIA MOTION: RRI 0�/DENIED. 0 0 Page -4- B.1. a) Council Member moved to read by title only, 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 -Prof ion l ffice- CPO) -City Planning Consultant (Exhibit 2), seconded -by Council Member w 0 b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER _ _ MARKHAAA WATFORD WILLIAMS MOTION: NIED. c) _Attorney Cook read proposed Ordinance No. 937 by title only asfollows:"AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY-REZONINaAI CERTAIN_TRACT OF -LAND MORE -.PARTICULARLY DESCWW-HEREW FROM RESIDENTIAL MULTI -FAMILY (RMF) ZONING DISTRICT TO COMMERCIAL IML - -OFFICE-- C-PO}---ZONING -DISTRICT,- -AMENDfNG--THE---ZON1NG - MAP - - ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERAB►LITYAND AN EFFECTIVE DATE." 2. a) Council Member moved to adopt proposed Ordinance No. 937; seconded by Council Member crn�a b) Public comments and discussion. This Ordinance amends the Zoning designation on Lots 5 and 6 of Block 205, First Addition to Okeechobee, for property Located at 203 Southeast-2'- Avenue fromRMFto-CPO: -The application was submitted -by property owners Ben and Laura Sims. This application was reviewed by the Planning Board on February 28, 2006. Thirtyletters were mailed to surrounding - g property owners with no responses. The sign was posted on the -property. All advertisements were published. Initially the g Btaff-was recommending-den+at, which -was based on their -criteria- listed in ttte-Staff Report. However, after review by the Planning Board at their February 28, 2006 meeting, with a -_ recommerrdatrorrto changeft-requestecdzoningfrom CLT-to CPOj arrd-the appticant-agreeing-tothe-change, __ the Planning Board and Planning Staff are recommending approval. - - -- - - - r 44L �&�A motion___ - VOTE YEA NAY ABSTAIN ABSENT CHANDLER WATFORD L. WILLIAM __ MAYOR lEM OL-OSfB-THE-PIJSLIC'HEARtNfa AT­ _------ 1 r- u Page -5- VIII. NEW BUSINESS. A. Consider request made by Okeechobee Main Street Promotional Committee pertaining to the annual Tree Lighting Ceremony and Christmas Celebration - Terry Burroughs (Exhibit 3). bat qulv vlce, � Ln ry c 'v J-, 4J� J, pv, R � � /u-6 v 7 /A Z�p n � � a n '54� aA-Z) s 0 Page -6- - - B. Council Member moved to approve a Temporary Street Closing Application _ _submitted by the Bays S,�I, of America for -Southwest 3rd-and41h Avenues between North and South Park S reets on pril 22, 2006 from 8:00 a.m. to 1:00 p.m.- City Clerk (Exhibit 4); Council Member - / 7'U".l��cc,7`� E� � VOTE YEA NAY ABSTAIN ABSENT - - ICJRlC HANDLER - - MARKHAM _ WATFORD -- L. WItLTAMS - - — - MOTION: DENIE RRIED. C. ____ Consider-StreetClosingApplication No, 79,-submitted-by flesurrectlon UsVorld Outreach Church - to close a portion of Southwest 181h Street between Southwest 2"d and 3`d Avenues -City Clerk --- (Exhibit S) - - - -- -- )tkc of - Cal ju J(4- ---W- P,,/ • • Page -7- D. Council Member [i k� c P moved to ratify the appointment of Jess Manson as the OUA Board Appointee to the City General Employees' OUA Pension Fund, Board of Trustees, term beginning March 16,406 and ending December 31, 2007 - City Clerk; seconded by Council Member ]L.D (JAI A VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: CARRIED/DENIED. E. Consider Code Enforcement Board recommendation to begin foreclosure proceedings on the Geraldine Bertram, Case No. 05-217, property located at 902 NW 10'h Street, violation Section 30-35 containers required for trash and Section 30-36 dumping, depositing, leaving on or near street - City Attorney (Exhibit 6). March 14, 2006 Code Enforcement Board unanimously recommended to begin foreclosure proceedings after a $10.00 per day fine accrued for more 90 days. 1 up t l F D—LC 3 4)u- y � n VOT YEA NAY ABSTAIN ABSENT KIRK CHANDLE MARKHAM WATFORD L. WILLIAMS MOTION: CARRIED/D ED. IX. MAYOR KIRK ADJOURNED THE MEETING AT D P.M. CITY OF OKEECHOBEE MARCH 21, 2006 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 4 I. CALL TO ORDER - Mayor: March 21, 2006, City Council Regular Meeting, 6:00 p.m. • II. OPENING CEREMONIES: Invocation given by Pastor Ed Stewart, St. Stephan 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 March 7, 2006 Regular Meeting and February 28, o 2006 Workshop p MARCH 21, 2006 - CITY COUNCIL AGENDA - PAGE 2 OF 4 V. WARRANT REGISTER - City Administrator. A. Motion to approve the February 2006 Warrant Register. General Fund $343,154.72 CDBG $ 10,472.26 Special Law Enforcement $ 6,375.00 • Public Facilities $ 11.08 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only proposed Ordinance No. 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 1). b) Vote on motion to read by title only. • c) City Attorney to read proposed Ordinance No. 936. 2.a) Motion to adopt proposed Ordinance No. 936. b) Public comments and discussion. 0 Vote on motion. MARCH 21, 2006 - CITY COUNCIL AGENDA - PAGE 3 OF 4 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.1.a) Motion to read by title only 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 2). . b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 937. 2.a) Motion to adopt proposed Ordinance No. 937. b) Public comments and discussion. c) Vote on motion. Vill. NEW BUSINESS. A. Consider a request made by Okeechobee Main Street Promotional Committee pertaining to the annual Tree Lighting Ceremony and Christmas Celebration - Terry Burroughs (Exhibit 3). • B. Motion to approve a Temporary Street Closing Application submitted by the Boys Scouts of America for Southwest V and 4" Avenues between North and South Park Streets on April 22, 2006 from 8:00 a.m. to 1:00 p.m.- City Clerk (Exhibit 4). C. Consider Street Closing Application No. 79, submitted by Resurrection Life World Outreach Church to close a portion of Southwest 18th Street between Southwest 2"d and 3' Avenues - City Clerk (Exhibit 5). D. Motion to ratify the appointment of Jess Manson as the OUA Board Appointee to the City General Employees' OUA Pension Fund, Board of Trustees, term beginning March 16, 2006 and ending December 31, 2007 - City Clerk. MARCH 21, 2006 - CITY COUNCIL AGENDA - PAGE4 OF4 VIII. NEW BUSINESS CONTINUED. E. Consider Code Enforcement Board recommendation to begin foreclosure proceedings on the Geraldine Bertram property located at 902 NW 10th Street - City Attorney (Exhibit 6). • IX. 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. 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- PLEAS on T1 ment, being a Hall, Hall, 3 G I:0,0y iy(r� the matter of l� Y�"Y`J 224 !Z -3 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afftant 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. Swom, to, and subs6Aed before me this / 0 day f %-- A.D.20 G Notary Public, State of Florida at Large CONSWERATiON OF ADOPTING ACrrY ORDINANCE ncE that the city courd of the city of Okeechobee, Borida will rch 21, 2006 at 6:00 .m, a as soar tlMreattar ppo at City We., Okeechobee, FL conduct a PUBLIC HFAIR G and Ihen imal reading of the follow Ordinance kilo law: Nit. S38: AN THE CITY OF ONEECHOBEE FtORN1A; AMEIIDING THE DRt IAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF IRrMULARLY DESCRIBED HEREIN, FROM HOLDING ( '0 RESIDENTIAL MULTIPLE FAMILY (RMFl ZONING ZONING MAP ACCORDINGLY; PROVIDINGTeR CONFLICTS, AND AN EFFECTIVE DATE. egard'ng Rezoning Application NO.O6-002-R, subrMDed by prc 3m,lason7omNoson. The Islo thezoorng n Holding My ro Residential=Famay (RM nor property rthwesl �h Avenue. Legal descnpAar beiM 6 to 10 and Block 66, Okeechobee and is aplarmdmateky 1.6 acres(s). Lc in the Office of the City Clerk during regular business hours, Mon -Fri, Sam-4:30pm, eft for tolidays PLEASE TAKE NOTICE AND BE ADVISED that 8 arty person desires to appeal any decision made bythe City Council wkh respect to any matter considered at this hearing, such interested person w8 need a record of the s, and for such puryose may need to ensure a verbatim record of the is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerktapesare for the sole purpose ofbackup for official records of the Cleric In accordance with the Americans with Disability Act (ADA) and Florida Statutes 286.26, parsons with disabRfias needing special accommodation to participate in this proceeding should contact Lane Garaaetea no Iaterthan two (2) working days jrtothe proceeding at 863-763.3372 r¢15; A hearinga voice impaired, c ill iDD 1-BOO-222-3448 (voice) or 1-888-447-5620 M. 120324 ON 3/10/2006 u • ExuIBIT 1 MARCH 21, 2006 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 71' day of March, 2006. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 21' 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-I City of Okeechobee General Services Department 55 S.E. 3" Avenue, Room 101 Okeechobee' Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: i ?>O Petition No. _Wp Fee Paid: 6�0 ,©O Jurisdiction: P + M 1st Hearing: 2Pg n 2nd Hearing: 3 7 Publication Dates: Notices Mailed: Uniform Land Use Application Cam. • vavian `P ✓ Name of property owner(s): W j re4M Jaso-/) f O,4 i%y A Owner mailing address: c �6 q r 0. Leez k alee- g?� P P Name of applicant(s) if other than owner (state relationship): 0 n er L I Applicant mailing address: C A Name of contact person (state relationship):� �� T /p) // cc�� Contact person daytime hone(s): G�(� , - 7 7 U Fax: 0(9 3 - 35 7- 3ooZ ✓ Property address / directions to property: 03 w 6 Indicate current use of property: Q Gan 4- land Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): ',— Iv o n Approximate number of acres: 1,6 q":Sls property in a platted subdivision? C,` Q�L P Is there a current or recent u of the property that is/was a violation of county ordinance? If so, describe: R 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? TT Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Describe adjoining land uses 1 improvements to the North: AM M/ 1 Urh 'ts South: OCcC44 " t" East: ZJL,;jL,4West: 41 C Existing zoning: Urns Future Land Use classification:L] u Actions Requested: Rezone Special Exception () Variance Parcel Identification Number- - 7- "QO 0 _pp (iC>`' 4000 * 01 O Confirmation .of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to X$�Ok.jann impnsonm .ptfif up to 30 days and may result in the summary denial of this application. 111[4 11 TAW 1;4�" / - Signature Printed Name Date WJ Uniform Land Use Application (rev. I/03) Page l of 2 IF Current zoning classification: r Requested zoning classification : / -` ` r 1 u I HR� What is your desired pe itted use under the proposed cl sification: Co�15�/u �ffet,r�weS Y O N If granted, will the new zone be contiguous with a like zone? re S . E Is a Special Exception necessary for your intended use? / gO Variance?A �/ 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 D N If business, briefly describe nature including number of employees, hours, noise generation and activities to be conducted outside of a building: Describe Variance sought: V A R 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 FILE HUM 2006001831 OR BK 00589 PG 0512 SHARON ROBERTSON? 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 [Space Above This Line For Recording Data] Warranty Deed This Warranty Deed made this Z(v 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 stun 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. DoubleTime* OR BK 00589 PG 0513 Signed, sealed and delivered in our presence: Cypress Creek, LLC By: / Kev)ofC. Peterson (Corporate Seal) State of Florida County of A/d/ka— The foregoing instrument was acknowledged before me this 4�— 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 [Notary Seal] Public Printed Name: BMLY P. " My Commission Expires: Uy . 30 .2 00 2 W COMMISSION495201 1009 EXPIRES: NOV Bonded throtph 1stW nce STATE OF FLORIDA OKEECHUBa COMM THAT THIS IS A TRUE Th1IS IS TO CERTi AND CORRECT cWY OIF THE RECORDS OPI FILE N TIS iCE ER BY DA Warranty Deed - Page 2 DoubleTfinee 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.E. CORNER BLOCK 67 FOUND 4 x4 " CONCRETE MONUMENT "HOOVER 4276" _SOUTH R/W OF N. W, 8TH STREET(P) S 8942108' W NORTH LINE BLOCK 66 70.00' I RE--, g �I �I 3 a Nm �2 V O WOOD POWER POLE ANCHOR 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. PROJECT SPECIFIC NO TES: 1) UNLESS SHOWN 0THERWlSE, 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 LIMIT: 4) THIS SURVEY IS NOT IN7ENDED TO DEPICT ✓URISDIC77ONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 5) THE SURVEY DEPICT5D HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADDITIONS OR DELE77ONS TO SURVEY MAPS OR REPOR 15 B Y O 7NER THAN THE SIGNING PARTY OR PAR77ES IS PROHIBITED WITHOUT WRIT7EN CONSENT OF THE SIGNING PARTY OR PARTIES. 6) DA TE OF LAST FIELD SURVEY 01115106. FIR (NO I.D) �j' TELEPHONE 0.2' N. & 0.2' F.7 v PEDESTAL N 89 41'50" E — 142.52'(C) 142.50'(P) FIR+` —70P-OF-BANK - � � � 3 O N 17 —t0.80ACRES_ (VACANT) -- n zt 3 — nt N o 19 ' -- J5.0' --�- 35.0' —' 20 70.00' S.W. CORNER BLOCK 66 _ S B94f Jf' W FIRC S 89 41,3 "V 15' FIRC -,,U 1S, 010 f� I 0.4' N.R& 0.2' E. + N 8941'50" E -FIRC 142, 52'(C) 142.50'(P) \ —TOP-OF-BANK— DI TCH 6 TELEPHONE PEDESTAL WOOD POWER POLE — 7 _ f0.80 ACRES _ (VACANT) 8 9 1 SSE CORNER BLOCK 66 FIRC NORTH R/W N.W. 1 _ 142, 43 (C) 142. 50 � 7TH s7REEr 1142. 43(�42. 50' P rDP_oF S. E CORNER BLOCK 57 p FOUND 4 r ( CONCRETE ^ D,n.H ,o — _ MONUMENT (NO /.D.) — —� . — . — . — . L �—TOP-OF-@ANK— P� c N. W 7TH STREET_ I - -__ (ASPHALT ROAD) 100' R/W I — .�S—U—H -R.N. W. 77H STREET _ _ FIRE HYDRANT —BLOQ'K 68 II � WDAO POWER Q PALE 0 lJ VOO ��L! LJ �I � I Z� Qo o � 3 80 SCALE IN FEET �I MAP SCALE: 1 INCH a 60 FEET i i 0 OD POKER ; J ` POLE 1146 _r- RI � o rN j Z II � II Wr-°o�°o I D. ��,.A- 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: IDESCRIP JAS014 TOMLINSON DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE BEARING REFERENCE: THE W. R/W OF N.E. 8TH DR. IS TAKEN TO BEAR N 00'20'42" W TION BOUNDARY SURVEY REF. SURVEY #18243 FB/PG: 115/14-20 FILE: 20118 DWG. DATE BY CK 01/24/06 WC I KAB SCALE: 1" = 60' JOB NO: 20118 LEGEND O—Set Iron Rod and Cap TWPS 6719 ■—Found CM *—Found Iron Rod (and Cap) *—Found Pipe (and Cap) ABBREVIATIONS E�=Baseline; BM=Benchmark; �=Centerline; C=Calculated; CATV=Cable TV; CM= Concrete Monument; CONC=Concrete; D=Deed; O=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; it —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—Radlus; R/W=Right—of—Way, S=South; S LY=Southerly, T=Tangent• TEL=Telephone Splice or Switch Box; W=West; W'LY=Westerly, UTIL=Utility(ies); �=Spot Elevation based on Indicated Datum. j • . 1375 Jac on Street, Suite 206 Fort MyWFlorida 33901-2845 : Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(abatt.net Staff Report Rezoning Request Prepared fog: The City of Okeechobee ApplicantlOwner: William Jason Tomlinson Petition No. 06-002 R Staff Report Rezoning Request General Information Applicant: William Tomlinson. Petition No.06-002-R Applicant/Owner: William Jason Tomlinson Applicant Address: 2564 NW 50th Ave. Okeechobee, Fl 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 9a` 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 Existin Land Use: Multi -family units and Vacant East: Future Land Use Map Classification: Multi -Family Zoning District: R!1AF Existin Land Use: Migrant housing South: Future Land Use Map Classification: Single Family ZoningDistrict: Holdin Existing Land Use: Vacant West: Future Land Use Map Classification: Industrial ZoningDistrict: UND 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 Applicant: 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. Based on the above information, the applicant's request is consistent with the goals, objectives and policies in the Comprehensive Plan. Landscape Regulations 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. Staff Report Rezoning Request OpIplicant: William Tomlinson. Petition No.06-002-R Recommendation 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 0 February 28, 2006 - Planning Board - Page 2 of 6 III. MINUTES CONTINUED. 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`h Avenue. William Jason Tomlinson is the property owner and applicant. n 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 9`h 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"' 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. • 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 11 News, a DAILY Newspaper published at Okeechobee to ` klki e`IwPUBUCBOTICE CONSIIIERIrtIOMtI Okeechobee County, Florida; that the attached copy of advertise r f, IICIfY ORS IN went, being a PCFASE TAKE NQ1jC l �MAkeechubeeRar6 "�e1cnnnMvmaiter nesc�hlefi lao33`7 in the matter of Lcq'�• �� L_ in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of �fD01 800-222 3441j (vdtce) of 1`•888 447-5620 (TiY). lane Gamiotea, CIVIC City Clerk 20337 ON 3/10/2006 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid not promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertise men or publication in the said newspaper. t/ Sworn to, and 4bscribed or me this day of A.D. 20 Notary Public, State of orida at Large E '. • • EXHIBIT 2 MARCH 21, 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 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 21 st 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 k eo-bee rvices Department Avenue; Room 101 e, Florida 34974 2903 ) 763-3372, eat 218 Fax:3-1686 rE763 Date: j 3011) to 'OV Petition No. 06 -001- R Fee Paid: ©©. 60 Jurisdiction: ist:�ing X 0(0 2ndHearing 317 47j Publication Dates: a o 4- aJ a 3 f 10 0� Notices Mailed: Uniform' Land Use Application D—i...n . C c•ial Rvrvntinn • Vorinnce ✓ Name of property owner(s): Ben and Laura Sims - Owner mailing.address: 5001 SE 43rd Trace Okeechobee FL 34974 `R Name of applicant(s) if other than owner (state relationship): Not appl i �'dbie Applicant mailing address: _A == Name of contact person (state relationship): Vikki Aaron — agent TT'- Contactperson a hooe(s):863-467-4768 Fax: 467-4618 ✓ Property address / directions to property: 203 SE 2nd Avenue -= Indicate current use of property: Vacant residential Describe improvements on property, including number/type 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 R -:0 = Have there been -any land use applications concerting all or part of this property in the last year? If so, indicate date, nature and applicant's name: No ML _- 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 (X, Rezone L� Special Exception (__) Variance y= 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 $50� 00 and in1P jsoxV16he t of up to 30 days and may result in the summary denial of this application. Laura K. Sims Printed Name December 28, 2005 Date -,J%IC) Use Application (rev_ 1/03) Page I 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) _ l<FIf to will the new zone be contiguous with a lice zone? Yes. There are commercial uses granted, ;m in the general area. E-A Is a Special Exception necessary for your intended use? No Variance? No Describe the Special Exception sought Provide specific LDR ordinance citation: Are there other similar uses in the area? Is so, descnbe: a _= Why would granting your request be m the best interest of the area and residents? If business, briefly descnbe nature including number of employees, hours, noise generation and activities to be Jul conducted outside of a building: Describe Variance sought: Describe physical characteristic ofproperty that makes variance necessary: s 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 2nd Avenue. The applicants wish to establish a commercial professional office for an accounting firm for their own use. �il�il�/ ��IIIUBYIIId{INRI11� fen '� /1�.d0 FILE HUn 2005020633 OR BK 00577 PG 1026 SHARON ROBERTSONr CLERY. OF CIRCUIT COURT OKEECHOBEE CDUNTYr FL This Document Prepared By and Returnto: RECORDED 09/27/2005 12.53*38 Ph CONELY & CONELY, P.A. - RECORDING FEES 10.00 TOM W. CONELY, III DEED DOC 1r785.00 401 N.W. 67H STREET RECORDED BY L Rucks P.O_ DRAWER 1367 OKEECHOBEE, FL 34973-1367 P.rcel1DNumber: 3-21-37-35-0020-02050-0050 Warranty Deed This Indenture, Madethis 26th dayof September , 2005 A.D.. Between NATHAN G. ALLEN, SR. and ELIZABETH TAYLOR, husband and wife of the County of Lewis , State of Tennessee , grantors, and BENNIE C. SIMS 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. wituesseth that tlo GRANTORS, for and in consideration of the sum of ------------------------TEN DOLLARS ($10)----------------------- DOLARS, and other good and valuable coosidetation to GRANTORS in hand paid by GRANTEES, the receipt whereof is hereby acknowledged, have granted, batVined and sold to the said GRANTEES and GRANTEES' heirs, soccessms and assigns forever, the following described Sad, situate. lying and being in the County of Okeechobee - State of - $lOridia town 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, Pagj 6, public records Okeechobee County, Florida. f:V&ia]r BEGINNING at the intersection of SE 2nd Avenue (f/k/a Tallahassee Street)and SE 2nd Street (f/k/a Seventh Street) run South along the East border of SS 2xud Avenue (f/k/a Tallahassee Street) to Lot 6 of Block 205, FIRST ADDITION TO OKEECHOBEE FLORIDA; thence Northeasterly along the (Jest 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 SR 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 finny warrant the title to said laud, and will defeod the same -against lawful claims of all pecsoas whomsoever. In witness whereof, the Banton have hereunto set their hands and seats the day and year fins[ above written. Signed, sealed and delivered in our presence: nQ� EVA MAE WNELY NATHAN G. ALLEN, SR. Witness P.O_ Address: Post Office Box K Hohenwald, TN 3.9462 � o (Seal} T . III RLIZABEM TAYLOR itII@H P.O. Address: Post Office Box K Hohenwald, TN 38462 STATE OF FLORIDA COUNTY OF OKEECHoBEB The foregoing instrument was acknowledged before tar this 26th day of September , 2005 by NATHAN G. ALLEN, SR, and ELIZABETH TAYLOR, husband and wife who arepesonallyknown tome orwho baveproducedtheir Florida driver' a Ma acid-tifirauon- Evw MdE ooNar , )L L t MYCOMM '1hIDDMMMI SVK MAR COi •LY t EWsDac.t�tatz 2ooa Notary Public ttaw.arnate�rtc�sa.a My Commission Expires: 12 / 12 / 0 8 AI•r.L'ar&TAYLO-SZM t�GammaMonNOWSY ..sr, mm (11"70s555 F�rwo-t NCC 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 2r'a 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. • • 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 1, Page 1 and Plat Book 5, Page 6, Public Records of Okeechobee County, Florida. The property is located at 203 SE 2na 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. -�. yti \1 t}F D'0 �� , 1_­ x --x 5 0 oo �� I- ► i 47 .� G��} .. IY�N—� ---�' ---- -- !E-- X �. X !� �� X x n� G 'SLOG -IC i 1 lilt' , SEfut/��6hovev�. I I�cr� r P6�►` ta��2'ctr E � riZ,-1 �\I�op i vrl 1 O L'tAV-K o° DO oo" Id 2r�'14' oI i I r tv 48. t3� r Nv. x �; q 47. SS 1 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. BY, DATE, - P ESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION #6427 FRED W. REPASS P.S.M. ,� Jpo �0 LEGEND, -FOUND CONCRETE MONUMENT -FOUND 5/8' DIA. IRON ROD -e-iF WIRE- FENCE FENCE -EXISTING -'� -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 x _0 s •i _1 � C� :FF 1 1,24, 1-7 N X�t��K x1p} O � i _ t i i of [ r 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 8 fax) CERTIF. OF AUTHORIZATION NO. LB7332 f s a a< n a F F s F .`P S`'. ip z 0 0 00keechobee n N a Sand St F F 3rd c' Se ' td St Gr) t441 F c1n D c 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. 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 LONELY & CONELY, PA CHICAGO TITLE INSURANCE COMPANY BOUNDARY SURVEY PREPARED ON THE ORDER OF, BIG LAKE NATIONAL BANK SCALE, DRAWN BY, FILE NO.1 1'=20' 1 T M W 1 1058 `C ae d ec t r � � Y j v ; • � X C � T a r tvs+Y t k W 4 £ ,.w.. :: 5.:.... .. ......_ .�,: r ........ w , ..t.:..� .a ....:.. .r• :a•,. S..n r. .n .., v::. +... >, S'Er`*.. eM � o- >T a`=. - ,...n' ue.-, ..:.'. v.::.va.. ..x,cc +=x.:..,:. .k,. .t.•. -ar ... "sn,> ,>. .,f^Rv:. ,:. .., t"S , . . 1:,... ,.,>,. „ ..>.... ., x �'.. „_t.. i fi `r « ... ., .r.. ea �c: .. � ,. ... �e ,. , .., rv...: ...< n+,. , w y, Y 4 z »•� a, R . n, 12/2/2005 VERIFY SCALE BAR IS EQUAL TO ONE CONSULTING CIVIL ENGINEERS;' ,. SURVEYORS $ MAPPERS "Partners #### # l # 11 tf lI tl7t ##.## LBFN PROJECT No: # y## D.6g. By IH/ INCH ON ORIGINAL DRAWING For Results, INC. Valve By Design" - __ _ _ __., a _ _... w„_ _ ___ _ ._ u SHEET Dr— o � t 421 N.W. 3rd Street, Okeechobee, Fl 34972 #### ## #.# G,.d, Br H11 ADJUST ALL SCALED (863) 763-8999 Fax: (863) 763-6692 ####-----+�--^`-'---- DATE B7 REVISIONS L DIMENSIONS ACCORDINGLY BPR k FBPE License No: 959 www.lbfh.com 1375 JacW Street, Suite 206 Fort Mye , Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(d att. net Staff Report Rezoning Request Prepared for: Applicant/Owner.- Petition No. City of Okeechobee Ben & Laura Sims 06-004 R Staff Report Rezoning Request Applicant: Ben & Laura Sims. Petition No. 06-004-R Applicant/Owner: Ben & Laura Sims Applicant Address: 5001 SE 43rd Trace Okeechobee, Fl 34974 Phone Number: 863-467-4768 Contact Person Vikki Aaron Future Land Use Map Single Family Classification Commercial Zoning District RMF CLT Use of Property Single Family Residence Commercial -Professional accounting office Acreage 0.3271 1 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 It, and Plat Book 5, Page 6, Public Records Okeechobee County, Florida. Request: The applicants request a rezoning from RMF to CLT to allow an accounting office on the subject property Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Single Family Zoning District: RMF Existin 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 0 Staff Report • Applicant: 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 flan 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. The 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. 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 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. E 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 2006 - Planning Board - Page 4 of 6 0 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-1) to Residential Multiple Family (RMF). The subject property is located at 702 and 704 Southwest 7t" 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 me at 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 2nd Avenue. Ben and Laura Sims are the Southwest 2°d 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. 2006- Planning Board - Page 5 of 6 IV. NEW BUSINESS CONTINUED. C. Rezoning Petition No. 06-004-R continued. (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. LaRue remarked that he spoke with the applicants, they are in agreement, and he would recommend amending the application to CPO zoning. 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. February 28.2006- Planning Board - Page 6 of 6 IV. NEW BUSINESS CONTINUED. C. Rezoning Petition No. 06-004-R continued. VOTE BURROUGHS-YEA HOOVER - YEA KELLER - YEA LEDFERD - YEA JOHNS - YEA MCCOY - YEA . WHIDDEN - YEA MOTION CARRIED. V. ADJOURNMENT - Chairperson. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:50 p.m. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. • William Ledferd, Chairperson ATTEST: Melisa Eddings, Deputy Clerk 0 ExnIBIT 3 MARCH 21, 2005 oU aa&em • item aidaa*j, OKEECHOBEE MAIN STREET, INC. 111 NE 2nd Street - Okeechobee, FL 34972 - Phone 863.357.MA1N - Fax 863.763.1797 www.mainstreetokeechobee.com March 15, 2006 Brian Whitehall City Administrator City of Okeechobee Brian, As discussed in our meeting this morning, the following is a synopsis of our discussion. Last year Okeechobee Main Street, Inc. managed a Christmas celebration in conjunction with the City's annual tree lighting ceremony. Based on a meeting conducted at the Main Street office after the event, the members of the committee concluded our event and the City's event required closer coordination. Based on that recommendation, during our meeting this morning we proposed the following changes: 1. Okeechobee Main Street would coordinate the tree lighting and celebration event. A committee would be established comprised of various individuals (OKMS, City, Businesses, church groups and citizens) to coordinate the event. 2. The event would be conducted on the second Saturday after Thanksgiving 3. The Tree Lightning Ceremony would be conducted in Park 3, along with the Christmas Card Display in Park 4. 4. S W Park St would be closed from Rustic Ranch west to SW 50' Ave. Non-profit organizations, church groups and food vendors would populate the roadway creating a festival atmosphere celebrating the holidays. 5. OKMS would conduct a Christmas Window Decoration Contest as we did last year for the businesses. 6. OKMS will provide a tree for the lightning ceremony in Park 3. We feel this opportunity provides a number of positive attributes, such as, event will not be on school night allowing for additional participation from families, greater participation from the merchant community and safety issues surrounding the movement of people across Parrott Ave trying to reach the event, if the tree lighting ceremony was conducted at the same location as last year. As we agreed, I would present this to the City Council at their next regularly scheduled meeting. Okeechobee Main Street fully understands this is a change from the normal process, but our goal is to create activities which are safe, fun and viable for all of our citizens. If you should have any additional questions, please feel free to contact me on (863) 697- 6325. Sincerely Yours, icy $u� Terry Burroughs Treasurer Okeechobee Main Street Inc. • Date: March 21, 2006 FR: Brian Whitehall RE: Main Street Christmas endeavor I spoke with Administrative Sect'y Kim, coordinator of the City's Christmas activity, again today about the above matter and asked her to supply some of the `pros/cons' of coordinating the City's tree lighting ceremony with the Main Street function as proposed to be discussed at tonight's meeting. SPEAKING WITH BRIAN RECENTLY I LEARNED THAT MAINSTREET WOULD LIKE TO INCORPORATE THEIR CHRISTMAS CELEBRATION WITH THE CITY' S ANNUAL TREE LIGHTING CEREMONY. I AM NOT SURE OF THE EXTENT OF THEIR PLANS, HOWEVER I FEEL THAT INCORPORATING THESE 2 EVENTS WILL CAUSE CONFUSION WITH THE PUBLIC. THESE ARE 2 SEPARATE FUNCTIONS AND SHOULD NOT BE TOGETHER. I HAVE DISCUSSED MY CONCERNS WITH BRIAN AND HE HAS ASKED ME TO STATE THE PRO'S AND CON'S. 1.) Last year's celebration was complicated by the fact that Mainstreet had their celebration on the same night. This meant that there would be 2 Santa Claus', one with the city and the other riding around the parks in a golf cart. Several phone calls were received at the city asking where the Mainstreet tree lighting ceremony would be, complaints were received for days after about no port-o-lets, not being able to cross the street safety, poor planning, etc. The Okeechobee News even printed that someone other than the city put on the tree lighting ceremony. It was like a slap in the face for all the hard work that all city employees had done. Perhaps events on different evenings would help to rectify any problems in the future. 2.) Moving to different park for the tree lighting ceremony will present several concerns and issues: a.) Will the roads be closed so people can easily cross? Parking problems? b.) Where will the tree be that will be decorated and who will provide the tree and the decorations? (City Hall Park should still be decorated for pictures with Santa. Pictures with Santa should continue in City Hall Park for all nights after the tree lighting. This will make things easier for nightly set up and will remain the same as it has in the past. Mainstreet's function is only for I night. City Hall Park is the best lit park, will there be extra lighting provided?) c.) Extra manpower will be needed to take all the supplies to the park and set up, or will Mainstreet supply tables, refreshments, etc.????? d.) Power in the parks is limited, will all city decorations be able to be lit with the extra power that will be needed for a tree? Last year many of the lights had to be turned on manually because of the electrical situation. e.) Entertainment — Choir and the soundman, where will this be? Will The City schedule as normal or will Mainstreet? 3.) The city employee's work very hard every year to make sure that the lighting ceremony is what it is. What will Mainstreet bring to the lighting ceremony? What are their plans? 4.) The tree lighting ceremony has become a `City' tradition, since assuming it from the Chamber of Commerce. Exe 21, 2006 55 Southeast V 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 /q-"r Jvni`�t o SCduTs 6 tame: 1r� h� I - - ;A. Today's Date Address 3 3S N - M%l %t"r� Tru�I Phone(s)S6� - RY-ssss� Name of Property Owner ' ff Address Phone(s) Street to be Closed W AVE. SS O 3 rd AU i` l Dates to be Closed Al2r d0? 00 p e Time(s) to be Closed �; pd A a Di.St� c% �rnPvJ�ool pp.ij�/ S/t�(!s Ghs Purpose of Closing P y5 CP•'�,.,-(e Bey Sco,�c �:� O,tle�ch�ee) 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 I� must be attached for each business participating. Permits can be obtained from General Services. A-. 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. m°No 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. 09"The 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. WeDumpsters and port -a -lets are required when closing the street for more than 3 hours. C Authorized. Signature Authorized Signature orized Signature ADMINISTRATION 76, re Date 3- /, r Date Typed Name & Title . Dennv Davis, Chief of Police Typed Name & Title u rb gym; tr, , Fire Chief Date Typed Name & Title Occupational and/or State License Verified: Brian. Whitehall, City Administrator Date i yped Name & Title CLERK'S OFFICE 1 fi Ci & 6,o 4 C&/xt( y"-0— Authorized iignature ago Date APPROVED/DENIED BY COUNCIL ON: Revised 8/05/03 Lane Gamiotea, City Clerk Typed Name & Title it 4 Isommommenum MINE on ommomm No N 11 ��I� elf 011 11111111 6��11 ST (70'1 11�91 99� N O R�R4 tn1 �5Y '� A: IL 1� sYR>�r F L5 ~A� Soul 6 5 4 3 2 1 9 6 5 4 3 2 1� 8 111 cn7891 111 9 � 6151.41 d 2 ' 8 9 Ic, SW 2N0 S 70') T 11�91 19�11 L 42 scr 6151413 2 1� 121N. MINE g P o�mm� E #� 0 • EXHIBIT 5 INCH 21, 2005 01 Al TO: Mayor and Council Members FROM: Lane Gamiotea, City Clerk `� SUBJECT: Street Closing Application No. 79 DATE: March 15, 2006 Attached is a completed street closing application submitted by Resurrection Life World Outreach Church, Inc. to close a portion of Southwest 18th Street between Southwest 2"d and 3`d Avenues. The Church owns Lots 7-8 of Block 36. They are opening a daycare center within the church and need to expand their playground and fence the area. The street is unimproved and the church has been maintaining the area. The three other property owners along the street have signed consent forms and agree with the street closing. The OUA will be requiring a 20-foot wide easement for their water line. The City Engineer submitted a memorandum of objections to closing the street, due to the flooding problems in the Southwest section. The decision before the Council would be to either deny the application; or instruct the City Attorney to draft the appropriate ordinance closing the street and present it for first reading at the April 4, 2006 meeting. Should you have any questions please do not hesitate to contact me. Thank you. CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION SIGNATURE OF APPLICANT: SIGNATURE OF CO -APPLICANT: The foregoing instrument was acknowledged before me this (applicant) who produced by (date) and , who is personally known tome or (co -applicant) (signature) as identification and who did (did not) take oath. Notary Public, Commission No. (Name of Notary typed, printed or stamped) ?P. PA681 Parcel iD Number. 3-28-37-35-005.0-00.360-0070/0090 o nwe #l. TIN: 65=0439465 Warranty Deed'. This Indenture, Made this 9th day of . April,19 99 A.D., Between OKEECHOBEE FLORIDA CONGREGATION OF JEHOVAH'S WITNESSES, INC., a corporation existing under the laws of the state of Florida . of the County of Okeechobee , State of Florida , grantor, and FAITH CHRISTIAN CENTER OF OKEECHOBEE, INC. a corporation existing under the laws of the state of Florida whoseaddressisi 1803 S.W. 3rd Avenue, Okeechobee, Florida 34974 of the County of Okeechobee , State of Florida , grantee. Witnesseth that the GRANTOR, for and in consideration of the sum of — — — — — — — — - - - - - - - - - - TEN & NO / 10 0 ($10.0 0) - - - - - - - - - - DOLLARS, and other good and valuable consideration to GRANTOR In hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S successors and assigns forever, the following described land, situate, lying and being in the County of Okeechobee state of Florida to wit: Lots.? 8 9 and 10 Block 36 FIRST.ADDITION TO SOUTH OKEECHOBEE,-according to the plat thereof recora-ed in Plat Book 1, Page 17, public records of Okeechobee County, Florida. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 1998. and the grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. In Witness Whereof, the grantor has hereunto set his hand and seal the day and year first above written. -Signed, sealed and delivered in our presence:, OKEECHOBEE FLORIDA CONGREGATION OF JEHOVAH'S WITNES ES, INC. _ By (Seal) EVA MAE COMELY OQ HAROLD A. THIBODEAU, President Wl ne s P.O. Address 8250 Highway 70 West, Okeechobee, ICI, 349i4 TO W ess STATE OF FLORIDA (Corporate Seal) COUNTY OF OKEECHOBEE R The foregoing instrument was acknowledged before me this 9 t h day of April, 1999 by TT HAROLD A. THIBODEAU, President of OKEECHOBEE FLORIDA CONGREGATION OF JEHOVAH'S WITNESSES, INC., a Florida Corporation, jJ on behalf of the corporation, lie has produced his Florida driver's lice seas identific ' I,, This Document Prepared By: r 1 - TOM W. CONELY, III ; ,,, „� yEVA MAE COMELY T CONELY & CONELY, PA ;= MY COMMISSION M CC 585457 d 207 N. W. 2ND STREET 'a FIRES: Decembor 12, 2000 '��,o O ` Bondod Thrd NDtW PuWlo Lln OM01an ��ICLi3QlOIIEE, FL34972 JvA (199n, EVA MAE CONELY NOTARY PUBLIC My Commission Expires: 12 / 12 / 0 0 0 Mspfa Systems, Ine. 1990 (813) M -51, S Farm FLPN-2 PAGE I-A/COPY OF CNIMCN's DEED 0 x x � /lly�v� J 1 �I "That The World May Know Him And The Power Of His Resurrection!" August 16, 2005 City of Okeechobee Office of the City Clerk 55 S.E. Third Avenue Okeechobee, FL 34974-2903 Re: Street Closing Application No.78 (Southwest 18th Street) To Whom It May Concern: This letter is to verify that Deborah San Martin, as an officer on the board of Resurrection Life World Outreach Church, Inc., has the authority to submit application for the above referenced street closing on the church's behalf. incerel , C... Rev. David C. San Martin J f REC�rVEO `� ti AUG i 7 �005 r V l 01 96 6 Pastors: Dave & Deborah San Martin 1803 SW 3rd Avenue ♦ Okeechobee, FL 34974 Phone: 863-763-7770 4 Fax: 863-763-0507 PAGE f-8/AUTNOR/2AT/ON TO s/ON APPLICATION IaRll 1araA1I11I1N FILE NUM 401232 OR SK 00516 PG 0906 SHARON ROBERTSON, CLERK OF CIRCUIT COURT THIS INSTRUMENT PREPARED BY AND RETURN TO: OKEECHOBEE COUNTY► FL Patricia A. Ragon RECORDED 11/10/2003 01:46:25 PM Elite Title, Inc. RECORDING FEES 6.00 DEED DOC 595.00 1120 South Parrott Avenue RECORDED BY N Anuez Okeechobee, Florida 34974 Property Appraisers Parcel Identification (Folio) Numbers: 3-28-37-35-0050-00330-0110 Space Above This Line For Recording Data THIS WARRANTY DEED, made the 6th day of November, 2003 by Robert A. Aponte, a Married Man , joined by his wife Brands L. Aponte, fWa Brandi L. Gillis, herein called the grantors, to Christopher Hans and Whitney E. Hans, husband and wife, whose post office address is 1709 SW 3rd Avenue, Okeechobee, Florida 34974, hereinafter called the Grantees: (ff'herever 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.: f.eta 1t and 12. Block 33, FIRST ADDITION Tg SOUTH OKEECHOBEE. according to the plat thereof recorded in Plat Book 1, Page 17, Public Records of Okeechobee County, Florida. Subject to easements, restrictions and reservations of record and to taxes for the year 2003 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the grantors hereby covenant with said grantees that the grantors are lawfully seized of said land in fee simple; that the grantors have good right and lawful authority to sell and convey said land, and hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2002, IN WTINESS WHEREOF, the said grantors have signed and sealed th presents the day and year first above written. Signed, sealed and delivered in the presence of: Witness #latum W maw Robert A me /, �rga ) 104 loth Street, Okeechobee, F1 lidrI 6t/, Soh ess #1 Printed Name . L. Witness #2 Signature PATRICIA A. RAIGON Witness #2 Printed Name STATE OF FLOREDA COUNTY OF OI EECHOBEE &A Q Brandi L. Aponte, f/k/a Orandl L. Gillis P.O. Box 2563, Okeechobee, F1 34973 The foregoing instrument was acknowledged before me this 6th day of November, 2003 by Robert A. V,� me d Brandi L. Aponte who are personally known to ' me or have produced I) I(ge s, k i&60S6 as identification. SEAL a . 0 Notary Public PATAICIAA. WON Printed Notary Name My Commission Expires: t rR PATRICIA,A.RAGON �'j,�' F MY C4MMISSf0N+Y DDa77091 "7Nn1� EXF1REb:0:..-1 •900ANOTARY FL hftn swvios 6 EwMp. ft File No: 03-1231 PAC" !-CICOPY OF MANS, Dab CITY OF OKEECHOBEE r STREET OR ALLEY CLOSING APPLICATION e ?P. SIGNATURE OF APPLICANT: C�r SIGNAT)ME OF CO -APPLICANT: r The foregoing instrument was acknowledged before this G by (date) nd ��-_who is personally known to me or (applicant) (co -a icant) " as identification and who did (did not) take oath. �roa,w„�lone�un�ia COMMIUlon#DD3W91 Notary Public, Commission No. 8"CWd8VNallonolNWary (signature) Z) cL f)nName of Notary typed, p P49F j-a1SisNATURFS aF SANMART/N 6 W.1/ANS • I I"/ V V J I U J I U V U r, UUu CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION '���')�r.� ° �: di 4 Ci ~ tr,�.,�•k ti'r''•,tc�r.r� itrr 7 . �, r ti � n¢t w•r*�'- _ .��4�—h.11T,PR'a�!F.�r. .{1',iL7.7 k, t ro'�,A- ���- / .•.{•�''i`"�Jj°�t ��,�Iil i1^PQ'tl"'j� �,I"1 r ' P}, +Nt"7'"ti,� a �} t •,� �°w I�' �� Y� ,h,��' t , • �a .: �. , ..• � ""�°" ����N N�� y ",Fig K.� 'P+�}� �H ,��� • • w' i. 215,�.7.;�tYr.� Y/"�{fGS4 .f �"V+1../H"� f r•, ,,.L f� ./.; I l �l< .�} A.{) �. Il.%in �4,;�i A -• N1� 1� � j,�� r�iW%'1!�1,.. ,jj{�'t)a{�ri r , �- V�:i �..,�`� �. � A IHfic; K,r.,_ef�,t ••i �,� :�•� Q �,�"'►' � :<�Y ' �� i�7��1{ Y, II � 'r I 1:: + • •r T F • • • • o ry • • u �{ ti I �% a � � ' 1� " ,. ,^ a. . y4� rr rlll.ri�/�,, • � f F( • • rl' • • f - • • • � w • y r • • i �•I '. • 4t i f�H � y • • t• t • Y• N • . • • - �I - . �i -•": '+r h t�• �'� jj��l'�{.; Il ltiie� 1�.. ,• f-. v.ri •".' rip.. {y �..r�.-; �;. c�'..i.,tl Mhf� i� .�7'I.r,l�f.���{. n�hS���j^�SYYFiV'�'i�,,lySV 4 �'r 1 .. 11 i r� �rl) "ri�4 r �Y 3.�4 h�� y J i:',.:i1.i: Y! �j � r,Y / l�l ,' i 11 ���=T V .Yr ".r tf 1; ,'j ti � �i. u b� `)..�,V,n jl i'�il�'5.1:�t�h,lir �ulj ,�I� ry j ,�1 ��,1� k (' w`.'r✓' v E.,+�+� �r ,. I�H�( � � �. �� f A � �F r fr, r1�•t� t r o .nCit'� I �,7 t ��,y,ti6: ,�, „tk fif ,a ,+;•;��,;,, r;F l,1 vi:;: t,tip'� 1" r,;� �rr�s.��ipt � c I { � 1 � V :.��K is � F' J f �'r V } . ��_, y f "f � uF��,���liMiX�M E,tt r:: „Y;: I �,y„:uX•. roc,;„« � i I WA .lane Doe). SIGNATURE OF APPLICANT: Prini name: / hor4 ". i� �a✓a 7iJn SIGNAT RE OF-lAl- CO -APPLICANT: I Firint'Name:&k*kpv �, I . i•he foregoing instrument was acknowledged before me this 2-'/o - 6-1a by )' c� �40_S e-�vt"� 2�2 A'sL, E ndow (date)ho is personally known to me or (applicant) (c -applicant) rho produced identification and who did (q!4_notLtake oath. Name of Notary typed, printed or stamped) ITURE OF ._4 010 D' Prepared By and Return to Docume t cy Stampt paid In V* anvun: or xa`i tz John D. Cassels, Jr, Esq, D C- Cssscls &McCall F.O. Itnx 968 r Ciasa C I gihla Tax paid in ttm amount --t Okeechobee, Florida 34973 of $ S(aron Rgbwtw, Ctxk of circuit Cant +.J Farce! !D Number; 3-28-37-35-0050-00360-0010 Ok rt1Y � By; l a, D.C. tr- Date: � •5 - t� o� MUN 00WAII0 5 UN pit] THIS QUIT CLAIM DEED executed this &' day of May, 2002, by JOHNNIE CARROLL LUNSFORD and AMYL. LUNSFORD f/Wa AMY LOUISE AMMONS, husband and wife, whose post office address is: 1804 SW 2nd Avenue, Okeechobee, Florida 34974, first party, to AMY L. LUNSFORD for life, followed by JOHNNIE CARROLL LUNSFORD for life, with the remainder to SHARON ROBERTSON whose post office address is: 1804 SW 2nd Avenue, Okeechobee, Florida 34974, second party. (Wherever used herein, the terns "first party" and "second party" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns ofcorporadons, wherever the context so admits or requires.) N': TNESSETH: That the said first party, for and in consideration of the sum of NO DOLLARS ($0.00) in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of OKEECHOBEE, State of Florida, to wit: -LOTS ONE AND TWO (2) IN BLOCK 36 SOUTH OKEECHOBEE ADDITION ACCORDINGTOTHE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 12, AND RE -RECORDED IN PLAT BOOK 5, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in any wise appertaining, and all the estate, right, title, interest, lien, equityand claim whatsoever of the said first party, either in law or equity, to the only proper use, bcnef it and behalf of the said second party forever. IN WITNESS WHEREOF the said first parry has signed and sealed these presents the day and year first above written. Signed, Scaled and Delivered in the presence of: Witnes St ?tatt7re Lis o both U Witness Print amc k-�4' ' Wi c\ ss $$i jnature//as to bQ\th Witness Print name STATE OF FLORIDA COUNTY OF OKEECHOBEE a asisii"�lt.�tia3iil�'iJ:��e„t�"s;7L•� AW�LU SFO FILED FOR RECOp,f,, OXEF.CH06ki: COUNTY, I;. 3 71 1 13 2002 MAY 30 PH I : 4 5 CLERK ROF CIRCUIT COURT The foregoing instrument was acknowledged before me this ?o"" day of May 2002. by JOHNNIE CARROLL LUNSFORD and AMY L. LUNSFORD ❑ who arc personally known to me, or R� who have produced L. Ste! -1,33 - /5-;*.X-C) as identification. - o Patricia bfctiPhortcr s•�.., . / r k. LC�%1Qt a. �t i Jun 25.28049 NOTARY PUBLIC My Commission Expires: "' ' �Adwdo 6aodina G., raa 1952246948.WPDl PAID 1-F1COPY OF A L!/NSFORV MEV SIGNATURE OF CO -APPLICANT: G 0z The foregoing instrument was acknowledged before me this J by (dat *.d '10 /a /a— and Om Z X . � ®--� �, who is personally known to me or (applicant) (co-applic t) who produced L s : b i Z '`-2- -�6 as identification and who did (did not) take oath. Notary Public, Commission No. e 3' (signature) JlIDY7.WRCOX (Name of Notary typed, printed or stamped) MY COMMtc„ie.� �y a EXPIRES: October 25, 2003 Bonded Thru Notary Puytk Underwriters PA081-GIS/ONAME OF A. LUMSMIty nwwn r:A•noror. r.hroenuro mngro .mwep) Nw�e: v ♦ • Address; 2oq s Sw Z$ /iV -- TMf tne�k-`�,Fi• 3q-r7y trum©Mptrrd b,: 2 'r5 6. ,r- FI • 3S/97y ►rop.Qt{/Rwr/Metra ►.Few teeedlwnoe (Foos RVM*.r(q); 3_r �7-35 OvSo - oo3So - vJtU onnr.eU a.t. pq V / �/ V W MMHTT 0110 RAMCQ IOM HD, el HO"10. To rrDn'10. x 'BC'CIX M6 E 786 3 FILED ri:i' itIXONO 6459 94 OCT 21• Phi Q5 CLERK OF CIRCUIT 1^,NQ1R'1 ---- VACt AaOYE TH6 UNE FOR MROCESING DATA PACE A+OVE 7Ha 1HE FOR MCORDMG DATA — rQ 4izX=r=dUPub, Made the (, �' day of Se/°�ern �e r 19 71/ . by GG-�y R. >�ra.zler and a%ia OI'tr-!� J9. f/'wz1Gr� j1I3 WF•�e. r hereinafter called the Grantor, to f►] o. ,.; �X n J , Fre- s.I'e r whose post office address is ' 6 �6 71 N . kJ • 3'' S%/ Ol�'t-,etito ee C/. 'J y97a hervinafler called the Grantee, PM••ra uM From M .•.e ..rat hdM1.0, a. •Gr.nw: rr1 'Gran•..• tit titer •r rM ,.nM r aR rrw.r.rrt .M rA. MY., rsM rgrw.mrrAw. .Y, W rM rrR tenon r•,! erry.r d a•r,erw/ewr,.Mnnr q. aorrwn r. e/n,nr w r.errhw.) Xitnrssr 4, liar the Grantor, for and in coru•ideradon of the sum of $7en Q0/"17and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land, situate in Okeer:./lobs e County, State of viz; o-� S D, j 6 r 6/or./c 33{ F To So r.71•7 Okeee fia6e'e/ o(-eeor-dir7? 7o Ir/te. Plat ihcreo{ /-a Coed" /'r✓ P/a7• cook-/ Pays /7 tob/,c. reo�r-ds e{ o&ceLXvAee Cr,,.n,)L,t l=/"-; J N 'dam. St,dJeJ f"o rC5/r1ci1117Y t r'c.3er✓0.1+vrry, COver7M17 c.1 / C0-5Gr')7Cr7f5 o7 r rec�rvr,�, MoSti4er, with all the tenements, herrditaments and appurtenances thereto belonging or in anywise appertaining, To ?Uftr =b to Xo(b, the same in fee simple forever, . ,Pa b the Grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend (he same against the lawful claims of all persons whomsoever; and that sold land is free of all encumbrances, except taxes accruing subsequent to December 31, 19 , Pn Nitmas Pherraf, the said Grantor has signed and sealed these presents the day and year first above written. Signe sealed and dellve�, .nthe preserve of Meta _ w co Or.w) W J dlC.e / File Mbar tla.errr. (se 1t IM Draw.) ,d t d-e -Vc.�vwr,.t.sr, wlMrw 7Mre.. tr r Ca-Dlroror, Y ry) ,rrrl Nume lalrrnn , r ♦ `C v^ hr W 2�SSi--? L/�. ►a A.dr.r TL. 1- +'9 7q- �ee.c_iebP� , Q. d - slpre.., ao9 C� -z. i Ofae. T 1,,,, STATE OF �'T�L,nMtrh } PSr � M Obi ! krnlry Grtity ththatoe this d+Yr before Fraafl'l ton, ocer duty authorizedCOUNTY OF �i } to administer ontks end lab aeksowledpnests, personally appeatsd -GM R `� N cTy k.1 t knows to we to M time person described is end w10 executed the foregoing tsstrseaentr hat who acknowledged hefon me t executed the sum, Led M oath was Wt takes. (Check ens:)x$eid perwo(s) is/ery pcnouUY kWwn to try. O Saw peaoa(s) provided Ad following type of Identification: NOTMT RUMN. TTAMF SAL r -�' ,• - �rJ wdae�,rny klad and offKYl etas is t f�• �ad State lut alat+rsud MY C J - f j pip 1 F t' l'0}� 1 SS) 7+i S�� _ daY o e via A. t. 1, E1080fD Thy:,; 1:ilr•. ., ,'u, .`w. 1 (t PAGE r-NICOPY OF ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I/We own the following property: and with my/our signature below, I/we consent to the closing of the alley and or street described below: Witness: NA Print Name: Witness: NA Print Name: STATE OF ?lore A a COUNTY OF �,�'Ge4flee- 4 Print Na vi e.'" NSA Print Name: Sworn to (or affirmed) and subscribed before me this .23 day of. Jo —ow , 200 fR-, by Earl Mason Lookabill t� • �A 1;6% Commission #DD219012yr,� (Seal) *Expires: Jul 10, 2007 BondedThru Notary Signature Atlantid 13onding Co., Inc. Print Name Q r 1 �a S 0 �a�Kafid 11 Personally Known t✓ OR Produced Identification Type of Identification Produced PAGE I^I/SIGNATURE OF M. FUZIER �„�—�5—�� Z•UE 03:5], F'�JUR,cc. , . ... �_. _. _.._.._. �,. - •ski �i id >{ m Paget >. , I. Lti INSTRUCTIONS: bellver this apj Utw,iv #o the following utility companies for their Comm it ust:be i''tte � g itt'dated<:vvitF a hor�d:riumbe : ontact eao rson: J;A.u` f� �a�.:�.������� •:r. •:=�., .` � s ,ter 1 on ed ignature Typed Name & Title Phone No. Date ; print day Ipri( . .:.:.::.;. • nc u a-- �w 9w -1 �.---.� -•-�- Gleam Sr �e o rze �,�� r �ee2 ?! �f 5 �' Authorized Signature Typed Name & Title Phone No. Date"'. n�. Qkeo 466 e.0t !✓1 :3 ..72 G'7='7.7.76. 4arlom- S' 6F�"-74 3 .•cP Authorized Si ture 9 Typed Name & Title Phone No, ' Z7keedhi5bed"Wirrty Authority 'l,tlif u�w tit'k; li a ou,4 �%ts .g 6 z ✓c �c/a u� ��,✓c: i .ACCC:� x dkeech;obe,e ;Yir' 497 '. S ``l. v sf�eee{ is cLoMO Our+- ';:•`.;'�',r�•.yg4� :vs3}�"¢cr:�.�. ' Li Zo'Foof' 6w1i9-�. S� ac�e.� G -e.•. v � .�:s� A LaGA•�e Lir<. fin/4 Q2.Se-✓z-/$-e �fkS'LM£N% 'T/kLZ. 4 rttiarFzt3d'Slgnatur. Tjy " d Name & Titte �63- ....�-......�_.�.... .,.. .. ...... ... ..... ........... .. ..... J�F.. . orreflVo; Date. :.:• �{1) �, Required Only For City of Okeechobee & First Addition to City of Okeechobe Subdivisions: Authorized Signature Typed Name & Title Phone No, Date PAGE z/uniny COMPANIES 1/99 • Memorandum To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer Date: August 9, 2005 Re: City Right -way- Closing application by the Resurrection Life World Outreach Church. The Engineering Department has visited the site and reviewed the City Maps at the intersection of SW 18th between 2nd and 3rd Avenues, and found the usual critical drainages problems we have in this particular area. For that reason the Engineering Office will recommend not approving the request for the Right -way Closing. Also, within the next week or so SW 18th Street will be open between Parrott Ave (441) and SW 2nd Ave. at the expense of new Projects developed on that street. It is the Engineering Department's opinion that the City of Okeechobee shall be very cautious before abandoning the street Right-of-ways. PA88 3 "N6/NM:R MEMORANDUM 11 low wvm �, 1, KIM WIN KA lo11 M, ll N iIi N - - - *1.V , �7901. W% Wan Lila owl no om JIL m ism IMP a-wom �, I W. a mumm Know W-A w I ml Kum, on" in I ml I - VIC 10 ff6,wWMANmm win I ,,r Ll"iA carve Ulm IS IsM Mom mo March 14, 2006 - CEB Regular Meeting -Page 2 of 4 AGENDA REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. 405-247 Glowacki Family Enterprises NW 9` Street & 8'h Ave. 9 #05-217 Geraldine Bertram 902 NW 10P Street 46 Ch 30 Sec 30-43 Public Nuisances Ch 30 Sec 30-35 Containers required for trash & Sec 30-36 Dumping, depositing, leaving on or near street. CODE BOARD ACTION Code Officer Hancock requested the withdrawal of Case #05-279 Anita Leverett from today's agenda. Code Officer Hancock stated notice of violation had been received September 27, 2005 and Code Officer Sterling had made contact but nothing had been done to bring the property into compliance. Member Montesi moved to find Case #05-247 Glowacki Family Enterprises in violation of Sec 30-43 Public nuisances and given ten days from receipt of notice to comply after that time a fine of two -hundred dollars per day would be imposed if property is not in compliance; seconded by Member Revels. Worley - Yes Gamiotea - Yes Castorina - Yes Irby - Yes Montesi - Yes Revels - Yes Hancock - Yes Motion Carried. Code Officer Hancock informed the board Case #05-217 is currently being fined ten dollars per day and the fine has accrued ninety days. Member Gamiotea moved Case #05-217 Geraldine Bertram had been under a fine for more than ninety days and to recommend City Council begin foreclosure proceedings; seconded by Member Irby. Worley -Yes Gamiotea - Yes Castorina - Yes Irby - Yes Montesi - Yes Revels - Yes Hancock - Yes Motion Carried.