Loading...
2005-09-07 Regular MeetingI S A CITY OF OKEECHOBEE SEPTEMBER 7, 2005 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: September 7, 2005 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation by Pastor Jim Dawson, First United Methodist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham - Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim the week of September 17-23, 2005 as "Constitution Week." PAGE 10F 13 Mayor Kirk called the September 7, 2005 Regular City Council Meeting to order at 6:14 p.m. The Invocation was offered by Pastor Jim Dawson of the First United Methodist Church. The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present Mayor Kirk proclaimed September 17 through 23, 2005 as "Constitution Week" and read the following proclamation in its entirety as follows: "Whereas, September 17, 2005 marks the two hundred eighteenth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and Whereas, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebration which will commemorate the occasion; and Whereas, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America L7 1 5 7 IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. A. Proclaim the week of September 17-23, 2005 as "Constitution Week" continued. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the August 16, 2005 Budget Workshop and Regular Meeting. 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. SEPTEMBER 7, 2005 - REGULAR MEETING - PAGE 2 OF 13 designating September 17 through 23 as Constitution Week Now Therefore, I James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim September 17 - 23, 2005 as "Constitution Week," and ask our citizens to reaffirm the ideals the framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering thatlostrights may neverbe regained. The proclamation will be mailed to the appropriate representation since no one was in attendance to receive it. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the August 16, 2005 Budget Workshop and Regular Meeting; seconded by Council Member Williams. There was no discussion on this matter. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Mayor Kirk asked whether there were any additions, deferrals, or withdrawals of items on today's agenda. New Business Items D and E were withdrawn. New Business Items I and J were added to the agenda. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:20 P.M. A.1. a) Motion to read by title only proposed Ordinance No. 905, regarding IIINo. Council Member Williams moved to read by title only, proposed Ordinance No. 905, regarding Alley Closing Application Alley Closing Application No. 75 - City Attorney (Exhibit 1). 75; seconded by Council Member Watford. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 905 by title only VOTE KIRK - YEA MAR HAM -YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 905 by title only, as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING A PORTION OF THEALLEY ORALLEYWA YAS DESCRIBED HEREIN, WITHIN BLOCK 17, SOUTH OKEECHOBEE, AS RECORDED IN PLAT BOOK 3, PAGE 37, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." SEPTEMBER 7, 2005 - REGULAR MEETING - PAGE 3 OF 13 VII. PUBLIC HEARING CONTINUED. A. 2. a) Motion to adopt proposed Ordinance No. 905. 111 Council Member Markham moved to adopt proposed Ordinance No. 905; seconded by Council Member Chandler. b) Public comments and discussion. Mr. and Mrs. Hubert Phillips are the owners of Magic Mile Dairy Queen, located at Lots 5, 6, 11 and 12 of Block 17, South Okeechobee, address being 1212 South Parrott Avenue. The Phillips' are requesting to close a portion of the North to South alleyway located between the lots in order to utilize the entire property for renovation and expansion of the existing Dairy Queen into a newer, modern "DQ Grill & Chill." Clerk Gamiotea reported by memorandum in Exhibit One, all fees have been paid. The Ordinance was advertised in the Okeechobee News on Friday, August 26, 2005. There were twenty-six certified letters mailed to the surrounding property owners within a 600-foot radius with no responses. Mayor Kirk asked whether there were any questions or comments from the public. Mr. David Hazellief, a surrounding property owner, was present and addressed the Council in favor of closing the alley. Mayor Kirk then opened the floor for discussion by stating that he does not have a problem with the partial alley closing, that it does happen on rare occasions, and it is to help promote growth. The Council reiterated that this alley was a peculiar situation, with a use of alley agreement being in effect on the property for so long and that in order to meet current City Codes they need the additional property to build on. c) Vote on motion. VOTE KIRK - YEA MARKHAM -YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. B.1. a) Motion to read by title only proposed Ordinance No. 909 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 909 regarding Future Land Use Map Future Land Use Map Amendment Application No. 05-010- Amendment Application No. 05-010-SSA/Norton; seconded by Council Member Williams. SSA/Norton - City Planning Consultant (Exhibit 2), 11 b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. SEPTEMBER 7, 2005 - REGULAR MEETING - PAGE 4 OF 13 359 VII. PUBLIC HEARING CONTINUED. B.1. c) City Attorney to read proposed Ordinance No. 909 by title only 2. a) Motion to adopt proposed Ordinance No. 909. b) Public comments and discussion. 1 Attorney Cook read proposed Ordinance No. 909 by title only, as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLOR►DAAMEND►NG THE CITYOFOKEECHOBEECOMPREHENSIVEPLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SP) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FOR AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 909; seconded by Council Member Chandler. This Ordinance amends the Future Land Use designation on Lot 1 of Block 3, Southwest Addition, from SF to C. The property is located at 100 Southwest 11" Avenue. The application was submitted by property owner, Wallace Norton. Clerk Gamiotea reported by memorandum included in Exhibit Two, all fees have been paid. The ordinance was advertised in the Okeechobee News on Friday, August 26, 2005. The Planning Staff found the application to be in compliance with the Comprehensive Plan and has recommended approval at their August 23, 2005 meeting. The Land Planning Agency also recommends approval. It is not necessary to mail notices to the surrounding property owners, nor post a sign on the property since this is a small scale amendment (less than 10 acres). City Planning Consultant, Jim LaRue reviewed the application with the Council. Planning Staff Report Comprehensive Plan Analysis: (A) Consistency with the Land Use Categories and Plan Policies. Based on the application, the proposed use is consistent with Policy 2.1 (C) of the Future Land Use Element. Policy 2.1 (C) Commercial. Permitted uses include office, retail, automotive wholesale, and related commercial activities. Also permitted are public facilities. Commercial development shall not exceed a floor area ratio of 3.00 and the maximum imperious surface for development within this category shall not exceed 85% of the site. (B) Concurrency of Adequate Public Facilities. Public facilities are already being provided to the site. (C) Compatibility with Adjacent and Nearby Land Uses. The use compatible with adjacent and nearby uses. (D) Compliance with Specific Standards of the Plan. The goals, objectives and policies, as they are intended within the Comprehensive Plan would allow for an amendment to the Future Land Use Map to Commercial. The proposal would be consistent with uses allowed within the Commercial Land Use Category. 366 SEPTEMBER 7, 2005 - REGULAR MEETING - PAGE 5 OF 13 VII. PUBLIC HEARING CONTINUED. B. 2. b) Public comments and discussion continued. c) Vote on motion. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Mayor Kirk then opened the floor for discussion, the Council noted they assumed this was already commercial due to the length of years the commercial businesses have already been operating. The two homes to the west were briefly discussed. Mr. Norton advised that he owned those as well but did not want to change their designation at this time. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. C.1. a) Motion to read by title only proposed Ordinance No. 910 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 910 regarding Future Land Use Map Future Land Use Map Amendment Application No. 05-011- Amendment No. 05-011-SSA/Goodbread; seconded by Council Member Chandler. SSA/Goodbread - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 910 by title only. Attorney Cook read proposed Ordinance No. 910 by title only, as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITYOFOKEECHOBEECOMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLYDESCRIBED HEREIN FROM SINGLE FAMILY(Sl) TO MULTI-FAMILY(MI,; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt Ordinance No. 910. 111 Council Member Markham moved to adopt proposed Ordinance No. 910; seconded by Council Member Chandler. b) Public comments and discussion. This Ordinance amends the Future Land Use designation on Lots 23 through 26 of Block 31, City of Okeechobee, from SF to MF. The property is located at the Northwest corner of Northeast 10`h Street and 3`d Avenue. The application was submitted by Mark Goodbread on behalf of property owners, KMJ Land, Inc. SEPTEMBER 7, 2005 - REGULAR MEETING - PAGE 6 OF 13 VII. PUBLIC HEARING CONTINUED. C. 2. b) Public comments and discussion continued. Clerk Gamiotea reported by memorandum in Exhibit Three, this property was supposed to have been changed when Mr. Goodbread submitted Application No. 05-003-SSA. The legal description and narrative included this property, however, the survey did not. The legal description on the survey is used to create the ordinance therefore this property was left out. The Ordinance was advertised in the Okeechobee News on Friday, August 26, 2005. The Planning Staff found the application to be in compliance with the Comprehensive Plan and has recommended approval at their August 23, 2005 meeting. The Land Planning Agency also recommends approval. There is a Rezoning application in process for the property (No. 05-009-R). It is not necessary to mail notices to the surrounding property owners, nor post a sign on the property due to this being a small scale (less than 10 acres) amendment. City Planning Consultant, Jim LaRue reviewed the application with the Council. Planning Staff Report Comprehensive Plan Analysis: (A) Consistency with the Land Use Categories and Plan Policies. As proposed, the applicant's request would be consistent with the Multi -Family Land Use category. However, given its proximity to Taylor Creek, the Comprehensive Plan states that the City must protect environmentally sensitive areas from high density development such as what is being proposed by the applicant. As such, the request would be consistent with the Comprehensive Plan. Because of the applicant's proximity to Taylor Creek. Policy 7.2 of the Comprehensive Plan should be considered during the Site Plan phase of development. Policy 7.2: The City shall continue to protect environmentally sensitive areas from development of a type and intensity which would disrupt their natural functions. (B) Concurrency of Adequate Public Facilities. The OUA has determined that sewer and water can be made available to this property. (C) Compatibility with Adjacent and Nearby Land Uses. The existing neighborhood seems to reflect the same level of residential intensity with vacant land to the North, South and East. The proposed development would not be out of scale with adjacent and nearby uses. (D) Compliance with Specific Standards of the Plan. This property would be best served by changing its Future Land Use category to Multi -Family. The change would be in compliance with the standards set forth in the Comprehensive Plan. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Mayor Kirk then opened the floor for discussion between the Council. There was a brief discussion on this matter. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. CLOSE PUBLIC HEARING. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:35 P.M. 361 362 SEPTEMBER 7, 2005 - REGULAR MEETING - PAGE 7 OF 13 VIII. NEW BUSINESS. A.1. a) Motion to read by title only and set September 20, 2005 as a final Council Member Watford moved to read by title only, and set September 20, 2005 as a final public hearing date for public hearing date for proposed Ordinance No. 911 regarding proposed Ordinance No. 911 regarding Rezoning Application No. 05-008-R/Lawrence; seconded by Council Member Rezoning Application No. 05-008-R/Lawrence - City Planning Williams. Consultant (Exhibit 4). b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 911 by title only. Attorney Cook read proposed Ordinance No. 911 by title only, as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY-ONE(RSF-1) ZONING DISTRICT TO HEAVYCOMMERCIAL (CHID ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2: a) Motion to approve the first reading of proposed Ordinance No. 911. b) Discussion. Council Member Markham moved to approve the first reading of proposed Ordinance No. 911; seconded by Council Member Chandler. This Ordinance amends the Zoning designation on Lots 10, 11 and 12 of Block 16, South Okeechobee, for vacant property located at 1120 South Parrott Avenue from RSF-1 to CHV. The application was submitted by property owners, Ronnie and Ellain Lawrence. The Planning Staff and Planning Board are recommending approval based on the following criteria: Planning Staff ReportAnalysis: (A) Heavy Commercial Zoning would be consistent zoning allowable under the Commercial Future Land Use Category, thus making the office and storage use consistent with the Comprehensive Plan. (B) Section 90-282(1) specifically allows offices as a permitted use. Section 90-283(4) allows storage as a special exception use. (C) The proposed use will not have any adverse effects on the public interest. (D) The proposed zoning and use are appropriate for this location and is compatible with the adjacent uses. (E) The proposed use and zoning will not adversely affect property values or living conditions. (F) When necessary, site plan requirements can help to reduce any impacts on the neighborhood. (G) The CHV Zoning will not overburden public facilities. (H) The proposed office use will not create traffic congestion, flooding or drainage problems. (1) The use has not been inordinately burdened by unnecessary restrictions. (J) The proposed change will not grant special privileges to the owner. 363 1 1 VIII. NEW BUSINESS CONTINUED. A. 2. c) Vote on motion. SEPTEMBER 7, 2005 - REGULAR MEETING - PAGE 8 OF 13 VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. B.1. a) Motion to read by title only and set September 20, 2005 as a final Council Member Williams moved to read by title only, and set September 20, 2005 as a final public hearing date for public hearing date for proposed Ordinance No. 912 regarding proposed Ordinance No. 912 regarding Rezoning Application No. 05-009R/Goodbread; seconded by Council Member Rezoning Application No. 05-009R/Goodbread - City Consultant Watford. Planner (Exhibit 5). b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 912 by title only. Attorney Cook read proposed Ordinance No. 912 by title only, as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A' CERTAIN TRACT OFLAND MORE PARTICULARLYDESCRIBED HEREIN, FROM HEAVY COMMERCIAL (CH10 ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY(RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 912. III Council Member Markham moved to approve the first reading of proposed Ordinance No. 912; seconded by Council Member Chandler. b) Discussion. This Ordinance amends the Zoning designation on Lots 23 through 26 of Block 31, City of Okeechobee, for vacant property located at the corner of Northeast 10" Street and 3`d Avenue from CHV to RMF. The application was submitted by Mark Goodbread on behalf of property owners, KMJ Land, Inc. The Planning Staff and Planning Board are recommending approval based on the following criteria: Planning Staff Report Analysis: (A) As the property is also requesting a change to Multi Family future land use designation, a change to Multi Family zoning would not be contrary to the Comprehensive Plan. (B) Multi -Family residential use is allowed in the requesting RMF zoning district. (C) The proposed zoning and use would not adversely affect the public interest. (D) Multi -Family use, is compatible with adjacent land uses. (E) Changes to Residential Multiple Family (RMF) zoning would not be a deterrent to the development or improvement of adjacent property. (F) Uses can be buffered from the surrounding area. (G) The use will not create a density pattern that would affect public facilities. 364 SEPTEMBER 7, 2005 - REGULAR MEETING - PAGE 9 OF 13 VIII. NEW BUSINESS CONTINUED. B. 2. b) Discussion continued. c) Vote on motion. (H) The RMF zoning would not create infrastructure impacts that are undesirable. (1) There are no unnecessary restrictions on the property other than those set forth in the Comprehensive Plan and the Unified Land Development Code. (J) The proposed change of zoning would not constitute a special privilege. VOTE KIRK - YEA MARIMM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. C.1. a) Motion to read by title only and set September 20, 2005 as a final Council Member Williams moved to read and set September 20, 2005 as a final public hearing date for proposed public hearing date for proposed Ordinance No. 915 regarding Ordinance No. 915 regarding Rezoning Application No. 04-01 OR/Newman; seconded by Council Member Chandler. Rezoning Application No. 04-010R/Newman - City Attorney (Exhibit 6). b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 915 by title only. Attorney Cook read proposed Ordinance No. 915 by title only, as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OFLAND MORE PARTICULARLYDESCRIBED HEREIN, FROM HEAVYCOMMERCIAL (CHID ZONING DISTRICT TO COMMERCIAL BUSINESS (CBD) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE " 2. a) Motion to approve the first reading of proposed Ordinance No. 915. III Council Member Williams moved to approve the first reading of proposed Ordinance No. 915; seconded by Council Member Chandler. b) Discussion Mr. and Mrs. Chris Newman applied for rezoning (Petition 04-010-R), in November 2004. The petition went before the City Council on January 4, 2005 for the final reading in which the motion was denied. The applicants requested a rezoning for Lots 3 through 12 of Block 153, City of Okeechobee Subdivision from Heavy Commercial (CHV) to Commercial Business District (CBD), in order to be relieved of some of the parking regulations required in the City's Land Development Regulations. The CBD Zoning District would give the applicants more flexibility in uses that could be accommodated by allowing alternative parking, and less strict parking and loading standards. The discussion SEPTEMBER 7, 2005 -REGULAR MEETING -PAGE 10 OF 13 3 6 5 Vill. NEW BUSINESS CONTINUED. C. 2. b) Discussion continued. amongst Council Members at the January meeting was that changing the zoning was not going to make the parking problems disappear for these lots and the existing buildings. At the August 16, 2005 City Council Meeting, this rezoning was presented to the Council again as a litigation case. Attorney Cook remarked that while it is agreed there are pros and cons to each side of this issue, particularly in light of the fact that our Land Planning Expert and the City Zoning Board recommend approval of the request as being consistent with our Comprehensive Plan, it is a sensible solution to the ongoing land use and parking issues that will continue to plague this block providing we do not take action. After a lengthy discussion the Council decided that it would be in the best interest of all involved that this matter be discussed in an Executive Session, but they would proceed with the drafting of the appropriate ordinance and present it for first reading at the September 7, 2005 City Council meeting. On September 6, 2005, a Closed Executive Session was held with only Mayor Kirk, the City Council Members,' Attorney Cook and Administrator Whitehall in attendance to discuss this litigation. A court reporter was present to record the session. The transcript will be made part of the public records upon conclusion of the litigation. Council Member Watford noted that he will vote to approve the first reading of the Ordinance, but that he does not approve of the rezoning. Council Member Markham stated that the owners of Lots 1 and 2 have requested to be included in this rezoning as well, in which they were not included in the original rezoning ordinance. Council Member Watford moved to amend Ordinance No. 915 to include Lots 1 and 2; seconded 4 Council Member Williams. VOTE ON MOTION TO AMEND KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION TO AMEND CARRIED. c) Vote on motion. VOTE ON MOTION AS AMENDED KIRK - YEA MARKHAM - NO WILLIAMS - YEA CHANDLER - YEA WATFORD - No MOTION CARRIED AS AMENDED. 366 SEPTEMBER 7, 2005 - REGULAR MEETING - PAGE 110F 13 Vill. NEW BUSINESS CONTINUED. D. Motion to approve a Temporary Street Closing for Southwest 41h New Business item D was withdrawn from the agenda. Avenue between North and South Park Streets on November 5, 2005 from 8 a.m. to 1 p.m., submitted by Reach Radio FM 90.5 for a Family Fun Day and Walk - City Clerk (Exhibit 7). E. Motion to approve the 2004/2005 Fiscal Year Audit Report - New Business Item E was withdrawn from the agenda. This item was deferred until the September 20, 2005 Regularly Deborah A. Bradley, Audit Director. IIIscheduled City Council Meeting. F. Consider approval of proposed Main Street Agreement - City III Council Members Watford and Markham expressed their appreciation for the work that Okeechobee Main Street has Attorney (Exhibit 8). accomplished and also, the efficiency and manner in which their requests are presented. Council Member Watford moved to approve an agreement between the City and Okeechobee Main Street regarding the Community Redevelopment Agency; seconded by Council Member Chandler. Council Member Williams noted for the record that she will be abstaining from voting due to her employment with OKMS. KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - ABSTAINED* MOTION CARRIED. G. Consider approval of Mural Guidelines presented by Main Street - Ms. Bridgett Waldou, of the Design Committee for OKeechobee Main Street (OKMS), presented a packet for the Maureen Burroughs (Exhibit 9). Murals and Visual Arts Program guidelines. She explained that this program is to enlighten our community of our historical and cultural heritage. The Committee is in the process of picking a theme and locations for the projects, and at this time there are four business owners waiting to proceed. The first mural is intended to be painted by our local students under the supervision of a professional artist. Council Member Watford remarked it will be important to encourage the business owners to follow the guidelines for this program to be successful, and that City Council should have the final approval of the murals. Ms. Maureen Burroughs, President of OKMS, explained the reason for the guidelines is to assure a program that is not less than standard. We want the City Council to see it and approve it, but mainly for it to get done in a timely manner. Council MemberWatford moved thatwe instruct Attorney Cookto prepare an Ordinance forthe I -PA regarding the Okeechobee Main Street Mural and Visual Arts Program Guidelines; seconded by Council Member Markham. SEPTEMBER 7, 2005 - REGULAR MEETING - PAGE 12 OF 13 367 Vill. NEW BUSINESS CONTINUED. G. Consider approval of Mural Guidelines continued. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. H. Consider a request for twenty percent (20%) reduction in parking for Council Member Watford moved to approve a request for 20 Dercent reduction in parking for the Magic Mile the Magic Mile Dairy Queen Expansion Project - Steve Dobbs, Dairy Queen Expansion: seconded by Council Member Williams. Project Engineer (Exhibit 10). KIRK - YEA MARKHAM - YEA WILLIAMS -YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. ITEM ADDED TO THE AGENDA: I. Update regarding Brantley Judgment - On July 1, 2005, City Attorney Cook, and Marvin W. Brantley signed an agreement regarding code violations for City Attorney. property owned by him on South Parrott Avenue. Attorney Cook updated the Council and informed them that as of June 30, 2005, Mr. Brantley had not complied with thejudgment. According to thejudgment, an affidavit can be issued by the City of Okeechobee since the required acts were not performed within the time frame specified by the order. While Mr. Brantley has made improvements on the property, it is still not in compliance with the codes. Council Member Watford noted that Mr. Brantley has made an effort, he does not do anything quickly. Council Member Markham noted that a contract is only as good as a man's word. The contract was signed by both parties and he was aware of the time frame. There was a lengthy discussion concerning this matter. Council Member Markham made a motion to proceed with the affidavit to be hand delivered to the judge and as soon as the City can get bonded, hire someone to proceed with the clean up of the property; seconded by Council Member Williams. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - NO MOTION CARRIED. ITEM ADDED TO THE AGENDA: J. Discuss Independent Inspectors, City Administrator Whitehall proposed to the Council the possibility of exploring and receiving proposals for a different LLD, Contract - City Administrator. Building Official and Inspector. Independent Inspections is doing the best they can, but they are not in house and at 11 times it causes problems and errors. There was a brief discussion. SEPTEMBER 7, 2005 - REGULAR MEETING - PAGE 13 OF 13 VIII. NEW BUSINESS CONTINUED. ITEM ADDED TO THE AGENDA: J. Discuss Independent Inspectors, LLD, Contract continued. IX. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. James E. Kirk, Mayor ATTEST: Lan Gamiotea, CMC, City Clerk The City Council instructed Administrator Whitehall to pursue obtaining proposals of Qualifications for a Building Official and Inspector and report back to the Council. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 7:40 P.M. The next regularly scheduled meeting is September 20, 2005. * (Form 8B Memorandum of Voting Conflict Form Completed for Council Member Williams and is on file in the Clerk's Office.) AFFIDAVIT OF PUSHER 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 Chan a City Council Re ular Mee no PO #1287 in the matter of City of Okeechobee City of Okeechobee 55 SE Third Avenue Okeechobee FL 34974-2932 In the Court, was published in said newspaper in the issues of 09/01 /2005 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. JaMesA. Hughes, Jr., (Publis er) Sworn to and subscribed before me this I T_ day of A.D. 2005 (SEAL) Notary Public " Rosealee A. Brennan . �<PRY PU6 Commission #DD318483 9 O` Expires: Jun 25 2008 F6i f�oP Bonded Thru " ` Atlantic Bonding Co., Inc. NOTICE OF CHANGE CITY COUNCIL REGULAR MEETING NOTICE IS HEREBY GIVEN that the regular scheduled September 6, 2005 meeting of the Okeechobee City council has been [just_ pond:, until Wednesday.. September, 7, 2005. Ttie'meeting will begin rmmediame fnuow- '.ing the'First Budget Hearing scheduled for• 501 p.m. u City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, Florida The public is'invited .and encouraged to attend For a copy Of the agenda contact City Administration at (863)'763-3372 it 212. PLEASE TAKE NOTICE AND BE ADVISED that if any' -person desires to tup-. peel any decision made by the City.: Council witlr respect to any-tmtter oonsid: ai this`, meeting, such interested: person will need a record' of the procudings.'sod' for such pur- pose may need m ensure a "verbatim record of the proceedings is - made, Avhich' record in- cludes the testimony andevidence upon'which the appeal. isto be based Tapesare used for'. the sole purpose ofback-up,-for the Clerks.. Office. In accordance with if. Americans with Disabilities Act (ADA) and. Florida Statute 286.26, persons with disabiliit= needing e in this spe- cial accommodation. to participatPro- ceeding should contact Lan Oam,otes,.. no later than two (2) .thing days. prior to the proceeding at. 863-763.3372 z 214; if you are ..hearing or voice impaiued,'call TDD..I-80o- 222-3448 (voice) or 1-888-447-5620 (TIT). by: James E, lark, Mayor d ane Gas to GMC, City Clerk PUBLISH ogjot 0"5 . OKBECHOBEE TIM[ S • Page -1- Tape 1 side A CITY OF OKEECHOBEE - September 7, 2005 - REGULAR CITY COUNCIL MEETING. HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Kirk, September 7 2005 City Council Regular Meeting 6.14 p m II. OPENING CEREMONIES: Invocation given by Pastor Jim Dawson First United Methodist 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 IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. Mayor Kirk proclaimed September 17 through 23, 2005 as "Constitution Week" and read the following proclamation in its entirety as follows: "Whereas, September 17, 2005 marks the two hundred eighteenth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and Whereas, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebration which will commemorate the occasion; and Whereas, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week. Now, Therefore, I James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim September 17 through 23, 2005 as "Constitution Week, "and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. " V. MINUTES - City Clerk. A. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the August 16, 2005 Budget Workshop and Regular Meeting; seconded by Council Member Williams. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. VI. AGENDA - Mayor. Page -2- A. Requests for the addition, deferral or withdrawal of items on today's agenda. New Business withdraw D & E, Add I and J. VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:19 P.M. A. 1. a) Council Member Williams moved to read by title only and adopt proposed Ordinance No.905, regarding Alley Closing Application No. 75 - City attorney (Exhibit 1); seconded by Council Member Watford. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook to read proposed Ordinance No. 905 by title only as follows: 'AN ORDINANCE CLOSING, VACATING AND ABANDONING A PORTION OF THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 17, SOUTH OKEECHOBEE, AS RECORDED /N PLAT BOOK 3, PAGE 37, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT /NAND FOR OKEECHOBEE COUNTY, FLORIDA; • PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Markham moved to adopt proposed Ordinance No. 905; seconded by Council Member Chandler. b) Public comments and discussion. None. Mr. and Mrs. Hubert Phillips are the owners of Magic Mile Dairy Queen, located at Lots 5, 6,11 and 12 of Block 17, South Okeechobee, address being 1212 South Parrott Avenue. Mr. and Mrs. Phillips are requesting to close a portion of the North to South alleyway located between the lots in order to utilize the entire property for renovation and expansion of the existing Dairy Queen into a newer, modern "DQ Grill & Chill." Clerk Gamiotea reported by memorandum in Exhibit 1, all fees have been paid. The Ordinance was advertised in the Okeechobee News on Friday, August 26, 2005. There were twenty-six certified letters mailed to the surrounding property owners within a 600-foot radius with no responses. Watford all or portion? Portion. Do we want just to close that portion of the alley? Kirk, don't have a problem with this one, commercial property, discussed this now 3 times, trying to help the business owner on the parking and to grow their business. Markham, need to look at these alley's close, reason is justified, to do that needs to be able to build over that alley, and because it is a commercial business, wish the other parties would have gone. Some of these alley's we need and some we can't, emergency situation could be a problem with causing dead-end alley's. Only thing I see positive is it is on main commercial corridor and consider it. David Hazellief, own property to the North, agreed to alley being closed, think good addition to our community, employ more people since making bigger. c) Vote on motion VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. B.1. a) Council Member Watford moved to read by title only proposed Ordinance No. 909 regarding Future Land Use Map Amendment Application No. 05-010-SSA/Norton - City Planning Consultant (Exhibit 0 Page -3- 2); seconded by Council Member Williams. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook to read proposed Ordinance No. 909 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO ND USE AL SE MCAP �N� HE COMPREHENSVIDING FOR �VEON O PLANF ORDINANCE AND REVISED FUTURE PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Markham moved to adopt proposed Ordinance No. 909; seconded by Council Member Chanler. b) Public comments and discussion. None. Clerk Gamiotea reported by memorandum included in Exhibit Two, all fees have been paid. The ordinance was advertised in the Okeechobee News on Friday August 26, 2005. The Planning Staff found the application to be in compliance with the Comprehensive Plan and has recommended approval at their August 23, 00 meeting. The Land Planning Agency also recommends approval. It is not necessary to mail notices to the surrounding property owners, nor post a sign on the property since this is a small scale amendment (less than 10 acres). City Planning Consultant, Jim LaRue reviewed the application with the Council as follows: Planning Staff Report Summary of Application: The applicant is proposing to amend the Future Land Use Map to allow commercial on the property. The site is within the CHV Zoning District and this request would provide consistency between the Future Land Use Category and the existing zoning. The location on Park Street makes a Commercial Future Land Use appropriate and the existing Commercial/Residential use can be continued in a conforming manner. Planning Staff Report Comprehensive Plan Analysis: (A) Consistency with the Land Use Categories and Plan Policies. Based on the application, the proposed use is consistent with Policy 2.1 (C) of the Future Land Use Element. Policy 2.1 (C) Commercial. Permitted uses include office, retail, automotive wholesale, and related commercial activities. Also permitted are public facilities. Commercial development shall not exceed a floor area ratio of 3.00 and the maximum imperious surface for development within this category shall not exceed 85% of the site. (B) Concurrency of Adequate Public Facilities. Public facilities are already being provided to the site. (C) Compatibility with Adjacent and Nearby Land Uses. The use compatible with adjacent and nearby uses. (D) Compliance with Specific Standards of the Plan. The goals, objectives and policies, as they are intended within the Comprehensive Plan uld et withuseslowed allow for alwithin theCommercial aamendment the Land Use Map to Commercial. The proposal would be cons st Land Use Category. Planning Staff Report Analysis and Conclusion: This application has been duly noticed for the public in accordance with Chapter 163, F.S. Based theon Futuhe application being consistent e Land Use Category from Singlehthe FamCy to Commercial. lan, approval staff recommends to amend c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X Page -4- WATFORD X L. WILLIAMS X MOTION: CARRIED. C.1. a) Council Member Watford moved to read by title only proposed Ordinance No. 910 regarding Future Land Use Map Amendment No. 05-011-SSA/Goodbread - City Planning Consultant (Exhibit 3); seconded by Council Member Chandler. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook to read proposed Ordinance No. 910 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ONA CERTAIN TRACT OFLAND MORE PARTICULARLYDESCR/BED HEREIN FROM SINGLE FAMILY (SF) TO MULTI -FAMILY (MF); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Markham moved to adopt proposed Ordinance No. 910; seconded by Council Member Chandler. b) Public comments and discussion. None. Clerk Gamiotea reported by memorandum in Exhibit Three, this property was supposed to have been changed when Mr. Goodbread submitted Application No. 05-003-SSA. The legal description and narrative included this property, however, the survey did not. The legal description on the survey is used to create the ordinance therefore this property was left out. The Ordinance was advertised in the Okeechobee News on Friday, August 26, 2005 The Planning Staff found the application to be in compliance with the Comprehensive Plan and has recommended approval at their August 23, 2005 meeting. The Land Planning Agency also recommends approval. There is a Rezoning application in process for the property (No. 05-009-R). It is not necessary to mail notices to the surrounding property owners, nor post a sign on the property due to this being a small scalle (less than 10 acres) amendment. Planning Staff Report Summary of Application: The subject property is currently classified as Single -Family on the FLUM. The Single -Family category only allows one Single -Family dwelling on each lot. The applicant is requesting Multi -Family which will allow apartments, duplexes, and Single -Family homes on the property. The applicant is proposing to construct a Multi -Family development on the site. Planning Staff Report Comprehensive Plan Analysis: (A) Consistency with the Land Use Categories and Plan Policies. As proposed, the applicant's request would be consistent with the Multi -Family Land Use category. However, given its proximity to Taylor Creek, the Comprehensive Plan states that the City must protect environmentally sensitive areas from high density development such as what is being proposed by the applicant. As such, the request would be consistent with the Comprehensive Plan. Because of the applicant's proximity to Taylor Creek. Policy 7.2 of the Comprehensive Plan should be considered during the Site Plan phase of development. Policy 7.2: The City shall continue to protect environmentally sensitive areas from development of a type and intensity which would disrupt their natural functions. (B) Concurrency of Adequate Public Facilities. The OUA has determined that sewer and water can be made available to this property. (C) Compatibility with Adjacent and Nearby Land Uses. The existing neighborhood seems to reflect the same level of residential intensity with vacant land to the North, South and East. The proposed development would not be out of scale with adjacent and nearby uses. (D) Compliance with Specific Standards of the Plan. This property would be best served by changing its Future Land Use category to Multi -Family. The change would be in compliance with the standards set forth in the Comprehensive Plan. 0 0 • 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 6:34 P.M. Page -5- Vill. NEW BUSINESS. d to read by title only and set September 20, 2005 as a final public A.1. a) Council Member Watford move egarding Rezoning Application No. 05-008-R/Lawrence hearing date for proposed Ordinance No. 911 r - City Planning Consultant (Exhibit 4); seconded by Council Member Williams. b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook to read proposed Ordinance No. 911 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 911; seconded by Council Member Chandler. b) Discussion. Planning Staff Report Summary: The subject property is in a transitional area with Commercial intensive use such as restaurants. The use for this property is low intensive in nature and the proposed CHV Zoning is consistent with the surrounding area and the Future Land Use Element of the Comprehensive Plan. Planning Staff Report Analysis: (A) Heavy Commercial Zoning would be consistent zoning allowable under the Commercial Future Land Use Category, thus making the office and storage use consistent with the Comprehensive Plan. (B) Section 90-282(1) specifically allows offices as a permitted use. Section 90-283(4) allows storage as a special exception use. (C) The proposed use will not have any adverse effects on the public interest. (D) The proposed zoning and use are appropriate for this location and is compatible with the adjacent uses. (E) The proposed use and zoning will not adversely affect property values or living conditions. (F) If necessary, site plan requirements can help to reduce any impacts on the neighborhood. (G) The CHV Zoning will not overburden public facilities. (H) The proposed office use will not create traffic congestion, flooding or drainage problems. (1) The use has not been inordinately burdened by unnecessary restrictions. (J) The proposed change will not grant special privileges to the owner. Planning Staff Report Summary and Conclusions Prior to Certification: The applicants request will be consistent with the City's Comprehensive Plan, Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from RSF-1 to CHV permitting the applicant to construct an office building and storage buildings. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT Page -6- 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 and set September 20, 2005 as a final public hearing date for proposed Ordinance No. 912 regarding Rezoning Application No. 05- 009R/Goodbread - City Consultant Planner (Exhibit 5); seconded by Council Member Watford. b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook to read proposed Ordinance No. 912 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, FROMHEA VY COMMERCIAL (CHV) 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 approve the first reading of proposed Ordinance No. 912; seconded by Council Member Chandler. b) Discussion. Jim LaRue present to Planning Staff Report Summary: The applicant has requested a Future Land Use change of Multi -Family for this property that was recommended for approval. The applicant is proposing to construct apartments on this site. Planning Staff Report Analysis: (A) As the property is also requesting a change to Multi Family future land use designation, a change to Multi Family zoning would not be contrary to the Comprehensive Plan. (B) Multi - Family residential use is allowed in the requesting RMF zoning district. (C) The proposed zoning and use would not adversely effect the public interest. (D) Multi -Family use, is compatible with adjacent land uses. (E) Changes to Residential Multiple Family (RMF) zoning would not be a deterrent to the development or improvement of adjacent property. (F) Uses can be buffered from the surrounding area. (G) The use will not create a density pattern that would affect public facilities. (H) The RMF zoning would not create infrastructure impacts that are undesirable. (1) There are no unnecessary restrictions on the property other than those set forth in the Comprehensive Plan and the Unified Land Development Code. (J) The proposed change of zoning would not constitute a special privilege. Planning Staff Report Summary and Conclusions Prior to Certification: The application is consistent with the requirements of the City's Comprehensive Plan. The applicant simultaneously requested a Small Scale Land Use Map Amendment to allow a Multi -Family land use category which was approved. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from CHV to RMF permitting the applicant to develop multi -family residential dwellings. This request and the accompanying Future Land Use re -designation was to be included with a prior land use/zoning change for nearby property. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X • MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. Page -7- C.1. a) Council Member Williams moved to read and set September 20, 2005 as a final public hearing date for proposed Ordinance No. 915 regarding Rezoning Application No. 04-010R/Newman -City Attorney (Exhibit 6); seconded by Council Member Chandler. b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook to read proposed Ordinance No. 915 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEEBYREZONINGA CERTAIN TRACTOFLAND MOREPARTICULARLYDESCRIBED HEREIN, FROM HEAVY COMMERCIAL (CHV) ZONING DISTRICT TO COMMERCIAL BUSINESS (CBD) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE". 2. a) Council Member Williams moved to approve the first reading of proposed Ordinance No. 915; seconded by Council Member Chandler. b) Discussion. Lots 1 and 2 are not included. Markham, owners have requested Watford amend Ord 915 to include lots 1 and 2; second by Williams. Vote all yea. Motion carried. Watford, procedural questions, same number from original rezoning application, (TAPE 2 SIDE A). Going back to planning board, John, since to approve wanted to leave as the original report, etc. lots were discussed at the planning board, owners were not. Say comments of the first time, I will vote for first reading but do not agree with the rezoning. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. D. Council Member moved to approve a Temporary Street Closing for Southwest 4P Avenue between North and South Park Streets on November 5, 2005 from 8 a.m. to 1 p.m., submitted by Reach Radio FM 90.5 for a Family Fun Day and Walk - City Clerk (Exhibit 7); seconded by Council Member ITEM WITHDRAWN FROM AGENDA. E. Council Member moved to approve the 2004/2005 Fiscal Year Audit Report - Deborah A. Bradley, Audit Director; seconded by Council Member. THIS ITEM WAS DEFERRED UNTIL THE SEPTEMBER 20, 2005 MEETING. ITEM WITHDRAWN FROM AGENDA. F. Council Member Watford moved to approve an agreement between the City and Okeechobee Main Street regarding the Community Redevelopment Agency; seconded by Council Member Chandler - City Attorney (Exhibit 8). Watford Page -8- Markham, different way to have someone easier to be able to help someone. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X (Form 8B Memorandum of Voting Conflict Form Completed) MOTION: CARRIED. G. Consider approval of Mural Guidelines presented by Main Street - Maureen Burroughs (Exhibit 9). Bridgett Waldou, of the Design Committee presented a packet of design guidelines for mural and visual art program sponsored by Okeechobee Main Street. Markham talked to enough people to use their buildings? Talk to you first to make sure it would be something the City Council would want. Marueen, have 4 business owners that have committed to it so far. Watford, assume what you are asking the city is to amend the LDR's to allow murals or spell out what you have here. OKMS committee or the city would have the authority to approve or disapprove of the murels. So if I own a building and want a mural, would not allow any more of those that advertise their business. Bridget, that would be nice, if they do it on their own they will just wont be included in the web site and on the tours. According to agreement, has to stay on there for 10 years. Yes, if they sell building that stops it. So you wouldn't paint one on a wooden building. Right because it would not last. Can paint separate and attache to the building. Woudl have to through the LPA place to start. LaRue, not commericial message not considered sign and a permitted is not needed. Less and less coming before the council. Make it as little as zoning and planning as possible. Owners pays for the mural in Lake Placid. Maureen, reason for guidelines, wanted to assure you that we have a program that is not less than standard. We want you to see it and approve it, but mainly for it to get done in a timely manner. Council Member Watford move that we instruct prepart ord to LPA on the OKMS mural and visual arts committee; seconded by Council Member Markham. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/CARRIED. H. Council Member Watford moved to approve a request for 20 percent reduction in parking for the Magic Mile Dairy Queen Expansion Project - Steve Dobbs, Project Engineer (Exhibit 10); seconded by Council Member Williams. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. Item added to agenda: I. Update regarding Brantley Cook agreement, that was final judgement, improvements, work be done by Aug 26. Met with administrator on th 271h wondering by marvin not in jail. Some pressure to do that. Other side of the thing is he's right there on it, could have started sooner, right now working dawn to dusk to get it done, speak with the family not 0 • • Page -9- marvin directly, they understand with the city, they are fed up with it as much as the city is, daily monitoring, fence up, still stuff in front of it, city will have to go to expense of finishing the cleaning up, economic council didn't really like my information, if city council wants to give more time they can. Kirk, how much more time? Noel city cleans up keep proceeds, only part in city and in final judgement, 50 feet. Williams how long take to put affidavit in? Minutes, hours weeks? John, chief judge for circuit only here certain days on certain weeks, Tape 3 SIDE A). Hand deliever a few days, mail, no more than a week. Lydia, think we need to stand up and go forward, just makes more mockary, file the affadivit. Kirk instruct or do you need a motion? I'd say make a motion. Lowry, how, when can we start cleaning it up after filing affadiavit? Imagine immediately. Don't know, when involved, seizing, we may have to post a bond, performance type bond. Any time delay would be that, obtaining bond. Go on property and move back and create the fire lanes and if we do any damage we are responsible. John point made today, suppose marvin gets the whole front in 4 days know how this is gone in the past, still doens't create the fire lanes, think you will see the front cleaned but that's all. Kirk, what is our concern if there is a fire there? Not being able to get to it to put it out. Neighboring property. Protect neighboring property. Lowry, reason I asked how long to go in there, personally I think that's the only way we're going to get it done, stack the material whereever, what ever the cost is, recop with a lien, probably we can charge interest on that money, and this is hard, known him all my life, hasn't done what he said he would do. File get our bond hire a man to go in there that is also bonded and get it done. John another option, if council is interested we could agree sequistration agreement that th ecity is going to clean up and he stays out of jail while the city does the work. Kirk don't like the going Noel allowed back on there? Shouldn't be allowed to operate business John, rule doesn't speak to that, in jail until in compliance. Markham proceed with the affadavit to be hand delievered to the judge and as soon as we can get bonded and hire someone to proceed with the clean up; seconded by Williams. Watford only thing I would say Marvin has made an effort not good enough but has made one. Long process he's making an effort, knowing the family, he does not do anything quickly. I think we're on that road, I think he's making process, slower than we would like, people are noticing improvements that have been made. Markham, contract, he signed, contract only as good as a mans word, contract doesn't have ext, sign contract to say you are going to do something within a certain amount of days, both parities have to agree and are aware, contract speaks for itself on the time frame. Kirk, only thing would like to see that mailed instead of hand delivered. Brian as far as the judgement, city employee's ? Watford no Motion Carried. J. Discuss Independent Inspectors, LLD, contract - City Administrator Make formal proposals to see what is out there. IX. MAYOR KIRK ADJOURNED THE MEETING AT 7:40 p.m.p. m. 0 0 Page -1- Tape 1 side A CITY OF OKEECHOBEE - September 7, 2005 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Kirk September 7 2005 City Council Regular Meetin 6-413.m. II. OPENING CEREMONIES: Invocation given by Pastor Jim Dawson First United Methodist Church;_ Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present 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 Absent IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. Mayor Kirk proclaimed September 17 through 23, 2005 as "Constitution Week" and read the following proclamation in its entirety as follows: Whereas, September 17, 2005 marks the two hundred eighteenth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and Whereas, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebration which will commemorate the occasion; and Whereas, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week. Now Therefore, I James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim September 17 - 23, 2005 as "Constitution Week, "and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedom guaranteed to us through this guardian of our liberties, remembering t at lost rights may never be regained. V. MINUTES -City Clerk. A. Council Member �1 moved to dispense with the reading and approve the Summary of Council Action for the August 16, 2005 Budget Workshop and Regular Meeting; seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIE CA �RIE. • • Page -2- VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. pw, VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT TJ. A. 1. a) Council Member moved to read by title only and adopt proposed Ordinance No.905, regarding Alley Closing Application No. 75 - City attorney (Exhibit 1); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/ RRIED. ` C) Attorney Cook to read proposed Ordinance No. 905 by title only as follows: 'AN ORDINANCE CLOSING, VACATING AND ABANDONING A PORTION OF THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 17, SOUTH OKEECHOBEE, AS RECORDED /N PLAT BOOK 3, PAGE 37, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT INAND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE". 2. a) Council Member moved to adopt proposed Ordinance No. 905; seconded by Council Member b) Public comments and discussion., Mr. and Mrs. Hubert Phillips are the owners of Magic Mile Dairy Queen, located at Lots 5, 6,11 and 12 of Block 17, South Okeechobee, address being 1212 South Parrott Avenue. Mr. and Mrs. Phillips are requesting to close a portion of the North to South alleyway located between the lots in order to utilize the entire property for renovation and expansion of the existing Dairy Queen into a newer, modern "DQ Grill & Chill." Clerk Gamiotea reported by memorandum in Exhibit 1, all fees have been paid. The Ordinance was advertised in the Okeechobee News on Friday, August 26, 2005. There were twenty-six certified letters mailed to the surrounding property owners within a 600-foot radius with no responses. C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD .L. WILLIAMS MOTION: DENI • • Page -3- B.1. a) Council Member moved to read by title only proposed Ordinance No. 909 regarding Future Land U Map Amendment Application No. 0-010-SSA/Norton - City Planning Consultant (Exhibit 2); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/ LARRIED. c) Attorney Cook to read proposed Ordinance No. 909 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FOR AN EFFECTIVE DATE". 2. a) Council Member Ln, W & moved to adopt proposed Ordinance No. 909; seconded by Council Member `. b) Public comments and discussion._ � — �� « �" Clerk Gamiotea reported by memorandum included in Exhibit 2, a fees have been paid. The ordinance was advertised in the Okeechobee News on Friday August 26, 2005. The Planning Staff found the application to ' be in compliance with the Comprehensive Plan and has recommended approval at their August 23, 2005 meeting. The Land Planning Agency also recommends approval. It is not necessary to mail notices to the surrounding property owners, nor post a sign on the property since this is a small scale amendment (less than 10 acres). Planning Staff Report Summary of Application: The applicant is proposing to amend the Future Land Use Map to allow commercial on the property. The site is within the CHV Zoning District and this request would provide consistency between the Future Land Use Category and the existing zoning. The location on Park Street makes a Commercial Future Land Use appropriate and the existing Commercial/Residential use can be continued in a conforming manner. Planning Staff Report Comprehensive Plan Analysis: (A) Consistency with the Land Use Categories and Plan Policies. Based on the application, the proposed use is consistent with Policy 2.1 (C) of the Future Land Use Element. Policy 2.1 (C) Commercial. Permitted uses include office, retail, automotive wholesale, and related commercial activities. Also permitted are public facilities. Commercial development shall not exceed a floor area ratio of 3.00 and the maximum imperious surface for development within this category shall not exceed 85% of the site. (B) Concurrency of Adequate Public Facilities. Public facilities are already being provided to the site. (C) Compatibility with Adjacent and Nearby Land Uses. The use compatible with adjacent and nearby uses. (D) Compliance with Specific Standards of the Plan. The goals, objectives and policies, as they are intended within the Comprehensive Plan would allow for an amendment to the Future Land Use Map to Commercial. The proposal would be consistent with uses allowed within the Commercial Land Use Category. Planning Staff Report Analysis and Conclusion: This application has been duly noticed for the public in accordance with Chapter 163, F.S. Based on the application being consistent with the Comprehensive Plan, staff recommends approval to amend the Future Land Use Category from Single Family to Commercial. J � �2 vl-ozvjl� f� 0 c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/ ARRIED. Page -4- • 1 J Page -5- C.1. a) Council Member moved to read by title only proposed Ordinance No. 910 regarding Future Land Use ap Amendment No 05-011&Goodbread -City Planning Consultant (Exhibit 3); seconded by Council Member C b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIEPfc'ARRIED. c) Attorney Cook to read proposed Ordinance No. 910 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCEWO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ONA CERTAIN TRACT OFLAND MORE PARTICULARL YDESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO MULTI -FAMILY (MF); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE': 2. a) Council Member moved to adopt proposed Ordinance No. 910; seconded b Council Member iJ y b) Public comments and discussion. Clerk Gamiotea reported by memorandum in Exhibit 3, have been when Mr. Goodbread submitted Application No. 05-003-SSA. The legal description anndnarrative incl changed property, however, the survey did not. The legal description on the survey is used to create the ordinancle therefore this property was left out. The Ordinance was advertised in the Okeechobee News on Friday, August 26, 2005 The Planning Staff found the application to be in compliance with the Comprehensive Plan and has recommended a royal at their August 23, 2005 meeting. The Land Planning Agency also recommends Ap2roval, There is a Rezoning application in process for the property (No. 05-009-R). It is not necessary to mail notices to the surrounding property owners, nor post a sign on the property due to this being a small scale (less than 10 acres) amendment. Planning Staff Report Summary of Application: The subject property is currently classified as Single -Family on the FLUM. The Single -Family category only allows one Single -Family dwelling on each lot. The applicant is requesting Multi -Family which will allow apartments, duplexes, and Single -Family homes on the property. The applicant is proposing to construct a Multi -Family development on the site. Planning Staff Report Comprehensive Plan Analysis: (A) Consistency with the Land Use Categories and Plan Policies. As proposed, the applicant's request would be consistent with the Multi -Family Land Use category. However, given its proximity to Taylor Creek, the Comprehensive Plan states that the City must protect environmentally sensitive areas from high density development such as what is being proposed by the applicant. As such, the request would be consistent with the Comprehensive Plan. Because of the applicant's proximity to Taylor Creek. Policy 7.2 of the Comprehensive Plan should be considered during the Site Plan phase of development. Policy 7.2: The City shall continue to protect environmentally sensitive areas from development of a type and intensity which would disrupt their natural functions. (B) Concurrency of Adequate Public Facilities. The OUA has determined that sewer and water can be made'available to this property. (C) Compatibility with Adjacent and Nearby Land Uses. The existing neighborhood seems to reflect the same level of residential intensity with vacant land to the North, South and East. The proposed development would not be out of scale with adjacent and nearby uses. (D) Compliance with Specific Standards of the Plan. This property would be best served by changing its Future Land Use category to Multi -Family. The change would be in compliance with the standards set forth in the Comprehensive Plan. 1 kF Page -6- _r Dj L C) - Vote on motion -- VOTE. YEA NAY ABSTAIN ABSENT KIRK - CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIE /CARpwn MAYOR KIRK CLOSED THE PUBLIC HEARING AT . 35-' P.M. u Vlll. NEW BUSINESS. Page -7- A.1. a) Council Member moved to read by title only and set September 20, 2005as a final public hearing date f proposed Ordinance No. 911 regarding RezoningApplication No. 05-008- R/Lawrence - City Planning Consultant (Exhibit 4). pp` ' b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED CARRIED. c) Attorney Cook to read proposed Ordinance No. 911 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY --ONE (RSF-1) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT, ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERAB/LI AMENDING AN EFFECTIVE DATENING AP 2. a) Council MembeLL2�,,-xJ mQyW to approve the first reading of proposed Ordinance No. 911; seconded by Council Member b) Discussion. Planning Staff Report Summary: The subject property is in a transitional area with Commercial intensive use such as restaurants. The use for this property is low intensive in nature and the proposed CHV Zoning is consistent with the surrounding area and the Future Land Use Element of the Comprehensive Plan. Planning Staff Report Analysis: (A) Heavy Commercial Zoning would be consistent zoning allowable under the Commercial Future Land Use Category, thus making the office and storage use consistent with the Comprehensive Plan. (B) Section 90-282(1) specifically allows offices as a permitted use. Section 90-283(4) allows storage as a special exception use. (C) The proposed use will not have any adverse effects on the public interest. (D) The proposed zoning and use are appropriate for this location and is compatible with the adjacent uses. (E) The proposed use and zoning will not adversely affect property values or living conditions. (F) If necessary, site plan requirements can help to reduce any impacts on the neighborhood. (G) The CHV Zoning will not overburden public facilities. (H) The proposed office use will not create traffic congestion, flooding or drainage problems. (1) The use has not been inordinately burdened by unnecessary restrictions. (J) The proposed change will not grant special privileges to the owner. Planning Staff Report Summary and Conclusions Prior to Certification: The applicants request will be consistent with the City's Comprehensive Plan. Planning Staff Report Recommendation: Staff recommends a royal of the request to allow rezoning from RSF-1 to CHV permitting the applicant to construct an office building and storage buildinqs. Ae C! L t'i` • 0 c) -Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM ' WATFORD L. WILLIAMS�N MOTION: DENI / ARRIED Page -8- Z,e /,� �/ -dl - • • Page -9- B.1. a) Council Member - ` � final public hearing date forProposed- moved to read by title only and set September 20, 2005 as a g Ordinance No. 912 regarding Rezoning Application No. 05- 009R/Goodbread -City Consultant Planner (Exhibit 5); seconded by Council Member b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIE /CARRIED. c) Attorney Cook to read proposed Ordinance No. 912 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, FROMHEAVYCOMMERC/AL (CHV)ZON/NG DISTRICT TO RESIDENTIAL MULTIPLE FAM/L Y (RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERAB/L/TY AND AN EFFECTIVE DATE-. 2. a) Council Member & t m vgd to a��rove the first reading of proposed Ordinance No. 912; seconded by Council Member ltw 11 iv b) Discussion. Planning Staff Report Summary: The applicant has requested a Future Land Use change of Multi -Family for this property that was recommended for approval. The applicant -is proposing to construct apartments on this site. Planning Staff Report Analysis: (A) As the property is also requesting a change to Multi Family future land use designation, a change to Multi Family zoning would not be contrary to the Comprehensive Plan. (B) Multi - Family residential use is allowed in the requesting RMF zoning district. (C) The proposed zoning and use would not adversely effect the public interest. (D) Multi -Family use, is compatible with adjacent land uses. (E) Changes to Residential Multiple Family (RMF) zoning would not be a deterrent to the development or improvement of adjacent property. (F) Uses can be buffered from the surrounding area. (G) The use will not create a density pattern that would affect public facilities. (H) The RMF zoning would not create infrastructure impacts that are undesirable. (1) There are no unnecessary restrictions on the property other than those set forth in the Comprehensive Plan and the Unified Land Development Code. (J) The proposed change of zoning would not constitute a special privilege. Planning Staff Report Summary and Conclusions Prior to Certification: The application is consistent with the requirements of the City's Comprehensive Plan. The applicant simultaneously requested a Small Scale Land Use Map Amendment to allow a Multi -Family land use category which was approved. Planning Staff Report Recommendation: Staff recommends gpprovalof the request to allow rezoning from CHV to RMF permitting the applicant to develop multi -family residential dwellings. This request and the accompanying Future Land Use re -designation was to be included with a prior land use/zoning change for nearby property. �`� FL �111 1�a C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENT CARRIE • 0 Page -11- t C.1. a) Council Member-Z� 4,1-. moved to read and set September 20, 2005 as a final public hearing date for proposed Ordinance No. 915 regarding Re ing Application No. 04-01 OR/Newman - City Attorney (Exhibit 6); seconded by Council Member � b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS - MOTION: DENIED/ ARRIED. c) Attorney Cook to read proposed Ordinance No. 915 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEEBYREZONINGA CERTAINTRACT OFLANDMOREPARTICULARL YDESCRIBED HEREIN, FROM HEA VY COMMERCIAL (CHV) ZONING DISTRICT TO COMMERCIAL BUSINESS (CBD) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERAB/LITYAND AN EFFECTIVE DATE'. 2. a) Council Member _ ��i,��(/, lv-� mo to a ve the first reading of proposed Ordinance No. 915; seconded by Council Member b) Discussion. , C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DE C C/G( Ci( . Page -12- D. Council Member moved to approve a Temporary Street Closing for Southwest 41h Avenue between North and South Park Streets on November 5, 2005 from 8 a.m. to 1 p.m., submitted by Reach Radio FM 90.5 for a Family Fun Day and Walk - City Clerk (Exhibit 7); seconded by Council Member Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/CARRIED. _ Page -13- - E.—£ouneit Member moved to approve the 2004/2005 Fiscal Year Audit Report - Deborah A. Bradley, Audit Director; seconded by Council Member Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM .__WATFORQ ___ L. WILLIAMS -MOTIOXI BENI€ XARRIED. Page -14- _.F_."--Consider approval of proposed Main Street Agreement- City Attorney (Exhibit 8). t Ai I-Att li r,- • • Page -15- G. Consider approval of Mural Guidelines presented by Main Street - Maureen Burroughs (Exhibit 9). e,c z, 0 • Page -16- H. Consider a request for twenty percent (20%) reduction in parking for the Magic Mite Dairy Queen Expansion Project - Steve Dobbs, Project Engineer (Exhibit 10). f IX. MAYOR KIRK ADJOURNED THE MEETING AT P. M. 0 "Vol | « J �/" -- --------------------- � �-d Lt P,-L C/r-,(- v L) CITY OF OKEECHOBEE September 7, 2005 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 5 I. CALL TO ORDER - Mayor: September 7, 2005 City Council Regular Meeting, 6:00 p.m. 11. OPENING CEREMONIES: Invocation given by Pastor Jim Dawson, First United Methodist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim the week of September 17 - 23, 2005 as "Constitution Week." V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the August 16, 2005 Budget Workshop and Regular Meeting. SEPTEMBER 7, 2005 - CITY COUNCIL AGENDA - PAGE 2 OF 5 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. 905, regarding Alley Closing Application No. 75 - City Attorney (Exhibit 1). • b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 905 by title only. 2. a) Motion to adopt proposed Ordinance No. 905. b) Public comments and discussion. c) Vote on motion. B.1. a) Motion to read by title only proposed Ordinance No. 909 regarding Future Land Use Map Amendment Application No. 05-010-SSA/Norton -City Planning Consultant (Exhibit 2). • b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 909 by title only. 2. a) Motion to adopt proposed Ordinance No. 909. b) Public comments and discussion. c) Vote on motion. SEPTEMBER 7, 2005 - CITY COUNCIL AGENDA - PAGE 3 OF5 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C.1. a) Motion to read by title only proposed Ordinance No. 910 regarding Future Land Use Map Amendment Application No. 05-011-SSA/Goodbread - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. is c) City Attorney to read proposed Ordinance No. 910 by title only. 2.a) Motion to adopt proposed Ordinance No. 910. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. VIII. NEW BUSINESS. A.1. a) Motion to read by title only and set September 20, 2005 as a final public hearing date for proposed Ordinance No. 911 regarding Rezoning Application • No. 05-008-R/Lawrence - City Planning Consultant (Exhibit 4). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 911 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 911. b) Discussion. c) Vote on motion. SEPTEMBER 7, 2005 - CITY COUNCIL AGENDA - PAGE 4 OF 5 Vill. NEW BUSINESS CONTINUED. B.1. a) Motion to read by title only and set September 20, 2005 as a final public hearing date for proposed Ordinance No. 912 regarding Rezoning Application No. 05-009R/Goodbread - City Consultant Planner (Exhibit 5). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 912 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 912. b) Discussion. c) Vote on motion. C.1. a) Motion to read by title only and set September 20, 2005 as a final public hearing date for proposed Ordinance No. 915 regarding Rezoning Application No. 04-01 OR/Newman - City Attorney (Exhibit 6). b) Vote on motion to read by title only and set final public hearing date. • c) City Attorney to read proposed Ordinance No. 915 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 915. b) Discussion. c) Vote on motion. SEPTEMBER 7, 2005 - CITY COUNCIL AGENDA - PAGE 5 OF 5 VIII. NEW BUSINESS CONTINUED. D. Motion to approve a Temporary Street Closing for Southwest 4th Avenue between North and South Park Streets on November 5, 2005 from 8 a.m. to 1 p.m., submitted by Reach Radio FM 90.5 for a Family Fun Day and Walk - City Clerk (Exhibit 7). E. Motion to approve the 2004/2005 Fiscal Year Audit Report - Deborah A. Bradley, Audit Director. . F. Consider approval of proposed Main Street Agreement - City Attorney (Exhibit 8). G. Consider approval of Mural Guidelines presented by Main Street - Maureen Burroughs (Exhibit 9). H. Consider a request for twenty percent (20%) reduction in parking for the Magic Mile Dairy Queen Expansion Project - Steve Dobbs, Project Engineer (Exhibit 10). 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. R i .✓ 1. .0 Office of the May or Okeechobee, - -�kFlorida l2ere[LS,'September 17, 2005 marks the two hundred eighteenth anniversary of the drafting of theCb.' of the United States of America by the Constitutional Convention; and ereq$--it is fitting and proper to accord official recognition to this magnificent document and its me K < anniversary, and to the patriotic celebration which will commemorate the occasion; and x]Zereas, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United.ixts `ry, zv� _ of America designating September 17 through 23 as Constitution Week. Now Therefore; I.James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim September 17 - 23, 2005 as "Constitution Week," and ask our citizens to reaffiRTtlze ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed'to u .` through this guardian of our liberties, remembering that lost rights may never be regained. In witness whereof I have hereunto,$et-m)i hand and caused t ' t 'to be; affixed' i James E . irk, Mayor; r Attest:7� Lane Gamiotea, CAI City 'lerk Date: September Y Ilk t ay r r ru a- ti H a t ExtuBIT 1 --- September 7, 2005 ORDINANCE NO. 905 AN ORDINANCE CLOSING, VACATING AND ABANDONING A PORTION OF THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 17, SOUTH OKEECHOBEE, AS RECORDED IN PLAT BOOK 3, PAGE 37, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an Alley Closing Application (No. 75) from the Hubert and Rachel Phillips, owners of Magic Mile Dairy Queen, Inc. for the closing of a portion of certain alleyway as described in this ordinance to utilize the entire property for future development; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function, NOW, THEREFORE, BE IT ORDAINED by the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section One. The alleyway described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: A fifteen foot wide alley running North to South, between Lots 5 to 6, and 11 to 12 within Block 17, SOUTH OKEECHOBEE, according to the plat thereof recorded in Plat Book 3, Page 37 of the public records of Okeechobee County, Florida; together with Section Two. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Three. This ordinance shall be set for final public hearing the 7th day of Page 1 of 2 2005 • September, , and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 2"d day of Au ust, 2005. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED and ADOPTED on second and final public hearing this 7 h day of September, 2005. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor " k m MEMORANDUM To: Mayor and Council From: Lane Gamiotea, City Clerk Subject: Ordinance No. 905/Alley Closing Application No. 75 Date: August 31, 2005 This is the final public hearing for Ordinance No. 905 regarding Alley Closing Application No. 75 submitted by the property owners Hubert and Rachel Phillips of Magic Mile Dairy Queen. The request is to close a portion of the alley running North to South, between Lots 5 to 6, and 11 to 12 within Block 17, South Okeechobee. Please see attached map. • All fees have been paid ($195.00). • The ordinance was advertised in the Okeechobee News on Friday, August 26, 2005. • There were twenty-six certified letters mailed to the surrounding property owners within a 600-foot radius. As to date, there are no responses. Please do not hesitate to contact me should you require any additional information regarding this application. Thank you. 7$ 9;.'11 7 65,432 1 pp®!p WAVAR. • The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a PL the 11 ifail in the matter of i in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of EAS PUBLIC NOTICE' CONSIDERATION OF ADOPTING A WY ORDINANCE. E TAKE NOTICE that the City Council of the City of Okeechobee, Florida will Wednesday. Seotember 7. 2 05 at 5:30 o.m. or as soon thereafter folowirm -wmux, rnunumu run xn crrcu rrrcuxr c. a Office of the City Clerk during regular business hours,'Mon-Fri. Opm, except for holidays. IKE NOTICE AND BE ADVISED that'rf any person desrn:s topap�ealtapy made by, a, ty Council w th respect to any molter consrdereQ aLffirs such irrteresied person will need a record of the pfice8dings,nd'fiH pose may need to ehsure a vertabm iecoN of the proceedings is made, cord includes the testimony and evidence upon which the appear is tc J. City Clem tapes are for the sole purpose of backup for off cal records 11-800-222=3448tvoice or1-888-447-5620(TTY). amiolea, CMC, CITY CLE . K ! 8126/2005 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 'Swom t an' cribed before me this day of A.D. 20 d -5 ` Notary blic, State of Florida at rge _ �� = Coi ::e;jssion #DDM I ' c Expires: Jan 17, 2008 F.t1A.LCi, Bor.�r; ,, Co., hc. EXHIBIT 2 - September 7, 2005 ORDINANCE NO. 909 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 05-010-SSA) for a small-scale amendment to the Future Land Use Element of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Land Planning Agency at a duly advertised meeting, and submitted by staff report, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, that: SECTION 1. SHORT TITLE. This Ordinance shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part 11, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. The following described land consisting of approximately 0.166 acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: Page 1 of 2 • 0 MEMORANDUM e1B15 e' To: Mayor and Council From: Lane Gamiotea, City Clerk` Subject: Ordinance No. 909/Future Land Use Map Amendment No. 05-010-SSA Date: August 31, 2005 This is the final public hearing regarding Ordinance No. 909 to consider approving Comp. Plan Small Scale Future Land Use Map Amendment Application No. 05-010-SSA. The application was submitted by property owner Wallace Norton. The request is to change the Future Land Use designation from Single Family (SF) to Commercial (C) for property located at 100 Southwest 11`h Avenue, Lot 1 of Block 3, Southwest Addition. • All fees have been paid. • The ordinance was advertised in the Okeechobee News on Friday, August 26, 2005. • The Planning Staff found the application to be in compliance with the Comprehensive Plan and has recommended approval. The Land Planning Agency also recommends approval. (August 23, 2005 Meeting). • Due to this being a small scale (less than 10 acres) amendment, it is not necessary to mail notices to the surrounding property owners, nor post a sign on the property. Please do not hesitate to contact me should you require any additional information regarding this application. Thank you. • . a. Application No. 05-010-SSA, from Single Family to Commercial. The Legal Description of Subject Property is as follows: LOT 1, BLOCK 3, SOUTHWEST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994," which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 909 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 7T" day of September, 2005. ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the 7 h day of September, 2005. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 City of Okeechobee General Services Department 55 S.E. 311 Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: Petition No. Fee Paid: Jurisdiction: L 1 1 C.G 1st Hearing: a� 2nd Hearing: a LP l Os Publication Dates: sj E.lS U' A Notices Mailed: Comprehensive Plan Map Amendment Application Please Check One: Small Scale Amendment (Under 10 Acres) — Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s): A Owner mailing address: P r Name of applicant(s) if other than owner (state relationship): YYLS� r Applicant mailing address: Name of contact person (state relationship): T Fax: Contact person daytime phone(s) "7 6 3 ✓ Property address / directions to property: tip 1 == Parcel Identification Number: - i _ 3 -1 - 35 - 01 — ©o o _ Size of the Property (in acres): 3 � (3 �( Current Zoning Designation:141-2 Current Future Land Use Designation: O Existing Use of the Property:%A, 4C5 Sc > Proposed Future Land Use Designation: Y T.: Proposed Use of the Property: =--_ �� -�he� sel/ v�' •�►��-i`C w.e � �` ens L tec.�-'i b ie� De on of Surrounding Properties: �QS�nfia� md Construcwo Sunoy- C >, l -Zen Fac'k Legal Description of the Property (Lengthy Description Maybe Attached): 3 Uniform Land Use Application (rev. 12/03) Page 1 of 2 Survey of Property (11" x 14"; 20" Scale) Letter Outlining Request —Y-&Notarized Letter of Owner's Authorization CI Application Fee (non-refundable) City Location Map I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. r � Siature Printed Name Date Uniform Land Use Application (rev. 12/03) Page 2 of 2 • • 6-30-05 CITY OF OKEECHOBEE OKEECHOBEE FLORIDA TO WHOM IT MAY CONCERN: I WALLACE NORTON REQUEST THAT MY PROPERTY ON 100 SW I ITH AVE. REMAIN CERTIFIED AS IT IS COMMERCIAL. ALSO WITH THE USE OF THE APARTMENT THAT I USE PERSONALY NOW AND THEN AS I HAVE IN THE PAST FEW YEARS. S C ys WALLACE NORTO Page 1 of 2 D_SearchResults • • Okeechobee County Property Appraiser Last Updated: 7/25/2005 Parcel ID: 3-21-37-35-0170-00030-0010 — 4. nevimmrFv Tnfn Owner's Name NORTON WALLACE W Site Address 100 SW 11TH AVE, Okeechobee Mailing Address 100 SW 11TH AVE OKEECHOBEE, FL 349744038 Brief Legal SOUTHWEST ADDITION LOT 1 BLOCK 3 Use Desc. (code) SINGLE FAM (000100) Neighborhood 518652.00 Tax District 150 UD Codes Market Area 170 TOIHt CIJ 1 Area fl 16Z ACRES -' nr.,.,orl'v f6 eccPssment Values Mkt Land Value cnt: (1) $17,500.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (1) $57,378.00 XFOB Value cnt: (6) $3,139.00 Total Appraised Value $78,017.00 Sales History Sale Date Book/Page 10/1/1987 290/889 11/1/1980 0/0 7/1/1980 236/591 Building Cha Bldg Item 1 2005 Proposed Values Search Result: 1 of 1 Just Value $78,017.00 Class Value $0.00 Assessed Value $78,017.00 Exempt Value $0.00 Total Taxable Value $78,017.00 t. Type Sale Vlmp Sale Qual Sale RCode Sale Price QC I U 03 $100.00 WD I Q $35,000.00 WD I Q $33,500.00 racas Bldg Desc Year Lilt Heated S.F. Actual S.F. Bldg Value SINGLE FAM (000100) 1957 1716 2307 $57,378.00 Extra Features & Out Buildings I Desc BUMPERS 6'1/2"PINE < 5000 SF 4'C/LINK OPN ASP AL Land Breakdown Lnd Code Desc 000100 1 SFR (MKT) Year Blt 2000 1990 1988 1990 1998 Value $15.00 $2�3 00 $1,915.00 $226.00 $686.00 Units 50.000 FF - (.162AC) 3.000 57.000 4670.000 90.000 240.000 Dims 0 x.�.-- 0X0X0 0X0x0 0 x---- 20x12x0 1.00/1.00/1.00/1.00 Condition (% Good) PD (40.00) PD (90.00) PD (50.00) PD (65.00) PD (80.00) Eff Rate Lnd Value $350.00 $17,500.00 http://www.okeechobeepa.com/GIS/D_SearchResults. asp 7/26/2005 Extra Features & Out Buildings I Desc BUMPERS 6'1/2"PINE < 5000 SF 4'C/LINK OPN ASP AL Land Breakdown Lnd Code Desc 000100 1 SFR (MKT) Year Blt 2000 1990 1988 1990 1998 Value $15.00 $2�3 00 $1,915.00 $226.00 $686.00 Units 50.000 FF - (.162AC) 3.000 57.000 4670.000 90.000 240.000 Dims 0 x.�.-- 0X0X0 0X0x0 0 x---- 20x12x0 1.00/1.00/1.00/1.00 Condition (% Good) PD (40.00) PD (90.00) PD (50.00) PD (65.00) PD (80.00) Eff Rate Lnd Value $350.00 $17,500.00 http://www.okeechobeepa.com/GIS/D_SearchResults. asp 7/26/2005 Land Breakdown Lnd Code Desc 000100 1 SFR (MKT) Year Blt 2000 1990 1988 1990 1998 Value $15.00 $2�3 00 $1,915.00 $226.00 $686.00 Units 50.000 FF - (.162AC) 3.000 57.000 4670.000 90.000 240.000 Dims 0 x.�.-- 0X0X0 0X0x0 0 x---- 20x12x0 1.00/1.00/1.00/1.00 Condition (% Good) PD (40.00) PD (90.00) PD (50.00) PD (65.00) PD (80.00) Eff Rate Lnd Value $350.00 $17,500.00 http://www.okeechobeepa.com/GIS/D_SearchResults. asp 7/26/2005 • 199 Q r\ 150 349 rozloou 0 Ln LOo (Z I v ctl v 50 3163735 160002800160 14 15 16 17 18 19 �0 21 11 12 13 14 0-, 1 16 31637350160 02700140 00 co LDD O Q LCl LC') m co ti +� 50 17 503 50 50 50 g3 STATE ROAD 50 50 nn7350170D0bDf0 to 9 8 5 n 4 f� 3 m �� Ln 32137350170000100 10 _LCI Ln Q "T- 7 `� iD9D . UD 11 - 12 13 14 1 16 8 50 50 _ . 3213735 700003DO07D Q 50 S. W. PARK STRE 50 LS 1 f�"7 50 50 UD 3213735r0W00003000511p co" ti (6 CO LC) 3501700�OH0 LC) 32137350170000400D80 321373501700DO40[60F150 O321�3501100003030 O CC32137 1 Q 10 9 8 - 501700003009 137350f70000300078 Ln 3 150 50 Q 50 Ln 140 32137350170000300f70 cu 2137350170000390190 18 9 20 213213135D2 2 23314 E 3D021 D 11 0 32 3735017 000400150 30 50 20 30 50 S. W. 2 ND S 40 `50 0 50 8 321373501700C 600070 8 7 3213735017000D660030 32f373501700D0600010 321373501700OD500001 321373501700DO 0006 32137Y 10090 6- 5 4. 2 1 32137350170000600D50 10 9 8 . !P Ln �U CU Q � Q RAD i US-472. 27' CHORD-50. ! 0' ARC-50. 12' DEL TA-O6'04'50' L ELAND R. L . S. 304 S. N. 3rd Ave. PHME .... 7&9-4m SOUTH PARK STREET CENTERLINE RBF I N sr to a >w w w0 40 zcc cvi G � w FL 3 � w H in {fit �f 35' S89' 36' 35' E 50. 09' IF] 50' 1 P] 15' ALLEY R8F AREA OF LOT 1 =- 7236 S0. FEET DYALS 2084 Okeechobee. Fla. FAX..... 763-2M REV LEGEND RBF - Rebar Found RBS - Rebar W/Cap Set IPF - Iron Pipe Found CMF - Concrete Monument Found PRM - Permanent Reference Monument (P) - As per the plat of (F) - Field Measurement (D) - As per the deed (Cl - Calculation NOTES: i. Basis bearing 2. Bearings 3. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 4. Description as per omner STREET ADDRESS., 100 SW 11 TH AVENUE CERTIFIED TO. WALLACE NORTON CITY OF OKEECHOBEE SURVEY OF. LOT 1, BLOCK 3, SOUTHWEST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, PAGE 7 PUBLIC RECORDS OF OKEECHOBEE COUNTY. FLOR I DA. CERTIFICATE OF SURVEY I HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOWN HEREON WAS PREPARED UNDER MY DIRECTION AND SUPERVISION. LILAAVOYAL RL42:e� ----- i' - 3(' LDCAriac LT i. BLK i sM ADD, BOMMARY atl " FM T- WALLACE roe iM : JN6347 NORTON SE-M-M DATE B. /ft : Co. • 1375 JacksoOri'da reet, Suite 206 Fort Myers, 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 : Email: larue-planning(&,,att.net Staff Report- Small Scale Comprehensive Plan Amendment Prepared for: The City of Okeechobee Applicant: Norton Wallace From: Single Family to Commercial Petition No. 05-010 SSA 0 • Staff Report Applicant: Norton Wallace Small -Scale Comprehensive Plan Amendment Petition No. 05-010-SSA General Information Owner: Norton Wallace Owner Address: 400 S. Parrott Ave. Okeechobee, FL Owner Phone Number: 763-0296 Future Land Use Map Classification Existing Single Family Proposed Commercial Zoning District Heavy Commercial CHV Same Use of Property Retail Commercial Same Acreage 0.17 0.17 Access SW 1 lth Ave. Legal Description: LOT 1, BLOCK 3, SOUTHWEST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA Request: The matter for consideration is for a Small Scale Amendment to the Future Land Use Map from Single Family to Commercial. Based on the size of the property, this application qualifies under F.S. Chapter 163 as a Small Scale Amendment to the Comprehensive Plan. Adjacent Future Land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification Zoning District: Existing Land Use: East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: Commercial CHV Public Utilities RSF - 1 Senior Citizen Facility Single Family RSF — 1 Residential West: Future Land Use Map Classification: Single Family & Commercial Zoning District: RSF-1 & C14V Existing Land Use: Residential 0 i Applicant: Norton Wallace Staff Report Petition No. 05-010-SSA Small -Scale Comprehensive Plan Amendment The applicant is proposing to amend the Future Land Use Map to allow commercial on the property. The site is within the CHV Zoning District and this request would provide consistency between the Future Land Use Category and the existing zoning. The location on Park makes a commercial future land use appropriate and the existing commercial/residential use can be continued in a conforming manner. A. Consistency with the Land Use Categories and Plan Policies. Based on the application, the proposed use is consistent with Policy 2.1 (C) of the Future Land Use Element. Policy 2.1 (C) Commercial. Permitted uses include office, retail, automotive wholesale, and related commercial activities. Also permitted are public facilities. Commercial development shall not exceed a floor area ratio of 3.00 and the maximum imperious surface for development within this category shall not exceed 85% of the site. B. Concurrency of Adequate Public Facilities Public facilities are already being provided to the site. C. Compatibility with Adjacent and Nearby Land Uses The use compatible with adjacent and nearby uses. D. Compliance with Specific Standards of the Plan. The goals, objectives and policies, as they are intended within the Comprehensive Plan would allow for an amendment to the Future Land Use Map to Commercial. The proposal would be consistent with uses allowed within the Commercial Land Use Category. This application has been duly noticed for the public in accordance with Chapter 163, F.S. Based on the application being consistent with the Comprehensive Plan, staff recommends approval to amend the Future Land Use Category from Single Family to Commercial. Maps or Diagrams Submitted by: James G. LaRue, AICP August 16, 2005 01 2005 - Land 2 of 4 III. New Business. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- 010-SSA. Consider a recommendation to the City Council, to change the land use designation for Lot 1, Block 3, Southwest Addition, from Single Family to Commercial. The subject property is located at 100 Southwest 11 th Avenue. The property owner and applicant is Wallace Norton. i Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary of Application: The applicant is proposing to amend the Future Land Use Map to allow commercial on the property. The site is within the CHV Zoning District and this request would provide consistency between the Future Land Use Category and the existing zoning. The location on Park makes a commercial future land use appropriate and the existing commercial/residential use can be continued in a conforming manner. Planning Staff Report Comprehensive Plan Analysis: (A) Consistency with the Land Use Categories and Plan Policies. Based on the application, the proposed use is consistent with Policy 2.1 (C) of the Future Land Use Element. Policy 2.1 (C) Commercial. Permitted uses include office, retail, automotive wholesale, and related commercial activities. Also permitted are public facilities. Commercial development shall not exceed a floor area ratio of 3.00 and the maximum imperious surface for development within this category shall not exceed 85% of the site. (B) Concurrency of Adequate Public Facilities. Public facilities are already being provided to the site. (C) Compatibility with Adjacent and Nearby Land Uses. The use compatible with adjacent and nearby uses. (D) Compliance with Specific Standards of the Plan. The goals, objectives and policies, as they are intended within the Comprehensive Plan would allow for an amendment to the Future Land Use Map to Commercial. The proposal would be consistent with uses allowed within the Commercial Land Use Category. • Planning Staff Report Analysis and Conclusion: This application has been duly noticed for the public in accordance with Chapter 163, F.S. Based on the application being consistent with the Comprehensive Plan, staff recommends approval to amend the Future Land Use Category from Single Family to Commercial. There were no public comments, nor any discussion from the Agency. Agency Member Hoover motioned to recommend to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application No. 05-010-SSA, to change the land use designation from Single Family to Commercial; seconded by Agency Member McCoy. III. . New Business. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- 010-SSA, continued. B. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- 011-SSA. Consider a recommendation to the City Council, to change the land use designation for Lots 23 through 26, Block 31, City of Okeechobee, from Single Family to Multi -Family. The subject property is located at the Northwest corner of Northeast 1 Oth Street and Northeast 3rd Avenue. The property owner is KMJ Land, Inc., the applicant is Mark Goodbread. 23, 2005 - Land Planniniz A2encv - Paze 3 of 4 VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary of Application: The subject property is currently classified as Single -Family on the FLUM. The Single -Family category only allows one Single -Family dwelling on each lot. The applicant is requesting Multi -Family which will allow apartments, duplexes, and Single -Family homes on the property. The applicant is proposing to construct a Multi -Family development on the site. Planning Staff Report Comprehensive Plan Analysis: (A) Consistency with the Land Use Categories and Plan Policies. As proposed, the applicant's request would be consistent with the Multi -Family Land Use category. However, given its proximity to Taylor Creek, the • Comprehensive Plan states that the City must protect environmentally sensitive areas from high density development such as what is being proposed by the applicant. As such, the request would be consistent with the Comprehensive Plan. Because of the applicant's proximity to Taylor Creek. Policy 7.2 of the Comprehensive Plan should be considered during the Site Plan phase of development. Policy 7.2: The City shall continue to protect environmentally sensitive areas from development of a type and intensity which would disrupt their natural functions. (B) Concurrency of Adequate Public Facilities. The, OUA has determined that sewer and water can be made available to this property. (C) Compatibility with Adjacent and Nearby Land Uses. The existing neighborhood seems to reflect the same level of residential intensity with vacant land to the North, South and East. The proposed development would not be out of scale with adjacent and nearby uses. (D) Compliance with Specific Standards of the Plan. This property would be best served by changing its Future Land Use category to Multi -Family. The change would be in compliance with the standards set forth in the Comprehensive Plan. • C1 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 menl, being a PLEASE TAKE NOTICE 1 c lio-wi a P inarro;b folloivmgg'Ordmadce u CHOEI : FIORIDA. A in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 0 C' Affiant further says that the said Okeechobee News is'. M970N08/2612005 a newspaper published at Okeechobee, in said Okeechobee' County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid not promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. / Sw�tni!12sciribed before me this !o day of A.D. 20IN till T7.tf.""iisr17 5��y4��\�7 i1� Nora blic, State of Florida a Large ; < ✓Cm 1 7 , 21JV3 l h- ING ICTIVE DATE' S�eepptember 7i 2005 immediately iuled to begin at 5:01 P.M., at I Die purpose of backup for official NsabiliW Act (A0'A) and Florida ExHIBIT 3 -r September 7, 2005 ORDINANCE NO. 910 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO MULTI -FAMILY (MF); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 05-011-SSA) for a small-scale amendment to the Future Land Use Element of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Land Planning Agency at a duly advertised meeting, and submitted by staff report, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting, and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, that: SECTION 1. SHORT TITLE. This Ordinance shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part 11, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. The following described land consisting of approximately 0.69 acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Page 1 of 2 Okeechobee • • Comprehensive Plan: a. Application No. 05-011-SSA, from Single Family to Multi -Family. The Legal Description of Subject Property is as follows: LOT 23 THROUGH 26, BLOCK 31, OKEECHOBEE, AS RECORDED THEREOF IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994," which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 910 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 7T" day of September, 2005. ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the 71' day of September, 2005. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 • 0 �m LL-- MEMORANDUM d/B15^ To: Mayor and Council From: Lane Gamiotea, City Clerk Subject: Ordinance No. 910/Future Land Use Map Amendment No. 05-011-SSA Date: August 31, 2005 This is the final public hearing regarding Ordinance No. 910 to consider approving Comp. Plan Small Scale Future Land Use Map Amendment Application No. 05-011-SSA. The application was submitted by Mark Goodbread on behalf of property owners KMJ Land, Inc. The request is to change the Future Land Use designation from Single Family (SF) to Multi -Family (MF) for property located at the Northwest corner of Northeast 101h Street and 3' Avenue, Lots 23 through 26 of Block 31, City of Okeechobee. • This property was supposed to have been changed when Mr. Goodbread submitted Application No. 05-003-SSA. The legal description and narrative included this property. However, the survey did not. The legal description on the survey is used to create the ordinance therefore this property was left out. • The ordinance was advertised in the Okeechobee News on Friday, August 26, 2005. • The Planning Staff found the application to be in compliance with the Comprehensive Plan and has recommended approval. The Land Planning Agency also recommends approval. (August 23, 2005 Meeting). • There is a Rezoning application in process for the property (No. 05-009-R). • Due to this being a small scale (less than 10 acres) amendment, it is not necessary to mail notices to the surrounding property owners, nor post a sign on the property. Please do not hesitate to contact me should you require any additional information regarding this application. Thank you. Ah r-I City of Okeechobee General Services Department 55 S.E. 3`d Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: 15 I Q S Petition No. _oil ._ S<,A Fee Paid: N l (VWa'Vect)Jurisdiction: LPR / CC- IstHearing: g a3 (��J 2ndHming: q!`� Publication Dates: L���5 �� 1 Notices Mailed: Comprehensive Plan Map Amendment Application Please Check One: ✓Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s): T La `A Owner mailing address: C140 SE a 3 Y a P .4 -Z Name of applicant(s) if other than owner (state relationship) `I APP g licant mailing address: N I A Name of contact person (state relationship): PAaY k Contact ���i�•S:i'i C b h? QCA Fax: ✓ Property address / directions to property: N w Comm of NE lo+', S+ + E3 Ave Parcel Identification Number: 3 - I - 37 _ - 9 _ 3 I Q - DO a 3 Size of the Property (in acres): fi q Current Zoning Designation: (I ty Current Future Land Use Designation: S 1 nq Fam I I Existing Use of the Property: W n A Proposed Future Land Use Designation: W" i +1 Ra M I-1 0 Proposed Use of the Property: ( MY : 6vvd ln9S Description of Surrounding Properties: S - Com me.ir c.ka. I w - S i nq le Fam � � y E - VQ C ox-n -� Fa rn l ,� Legal Description of the Property (Lengthy Description May be Attached): La+ a3 - acu 31oeiL I , Ut)4 o� 0,UchgW-9, CLS fiecC)Y-dsd i.in Pla.+ Book 51 'Page 5 L,tbklc IKcordS o 01-Ceechot3kt CoL,0-0-�-f , (-IoY+da Uniform Land Use Application (rev. 12/03) Page 1 of 2 Pi • Survey of Property (I I" x 14", 20" Scale) Letter Outlining Request Notarized Letter of Owner's Authorization Application Fee (non-refundable) City Location Map I hereby certify that the information in this application is correct. The information included in this application is for use by the Ci Okeechobee in processing my request. False or misleading information may be p shab by a fine of up to $500.00 and imprisonment of up to 30 da.ys�sult finis ary de 'al of this application. Name -7) I©s. Date Uniform Land Use Application (rev. 12/03) Page 2 of 2 0 • July 25, 2005 Katrina Cook City of Okeechobee 55 SE 3`d Avenue Okeechobee, FL 34974 RE: Land Use Change for KMJ Dear Mrs. Cook, KMJ Land, Inc. is a corporation of which I am a partial owner of and I am also representing KMJ in their application to change the land use of the property to Multi -Family. This petition was originally submitted back in January; however, there was some confusion regarding the parcels that were requested to change the land use. Both the City Clerk and Planning Department used the Legal Description listed on the survey that I provided (which did not include Block 31). The Land Planning Agency and City Council did change the land use of the property with the legal description that was on the survey 26ots Block 3Bllock 32 well. Lots 7 - 19 Block 35). I also wanted to change the land use of Lots 23 This petition is to complete the land use change on including, aproperty that I thought wasPleaalready contact being changed before. I've included a revised survey g should you need any additional information. . Thank you for your consideration. Lic. Real Estate Associate ^�0.00 ^� 1 r This J..unment Pmpuvd By And Betas to: TOM W. CDNELY, III CONELY tic CONELY. YA post Office Drawer 1367 Okeechobee, Florida 34973 property Appraises parcel ED#: 3-15-37-35-0010-00310-0010 WARRANTY DEED 11111111FA11111011 FILE HUM 2004021147 OR BK 0054S PG 033'9 SHARON ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYr FL RECORDED 12/08/2004 01:45:35 PH RECORDING FEES 10.00 DEED DOC 786.80 RECORDED BY M Anuez THIS WARRANTY DEED Made the 30th day of November, 2004, by JMK OF OKEECHOBEE, INC., a corporation existing under the laws of Florida, and having its principal place of business at 945 S.E. 23rd Street, Okeechobee, Florida 34974, hereinafter called grantor, to K M J LAND, INC., a corporation existing under the laws of Florida, whose postoffice address is 945 S.E. 23rd Street, Okeechobee, Florida 34974, hereinafter called grantee: (Wherever used bcrem the tetras "grantor" and "gmtee" include as the parties to tbb ioa meat and the beio, legal reptesentathms and aadpts of individmis, aced the swoemors and aWgm of ccqtuati0w)- WITNESSETEU That the grantor, for and in consideration of the sum of $1.00 and other valuable considerations, receiptwhereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Okeechobee County, Florida, viz Lot 1 and Lots 23 through 26, inclusive, of Block 31, Lots 8 through 11, inclusive, and Lots 14 through 19, inclusive, of Block 32, and Lots 7 through 13, inclusive and Lots 14 through 19, inclusive, of Block 35, OKEECHOBEE, according of e � ty thereof recorded in Plat Book 5, page 5, public Florida. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31, 2003. 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 caused these presents to be executed in its name and its corporate seal to be hereunto affixed by it proper officer thereunto duly authorized the day and year first above written. Signed, sealed and delivered in our presence: Witness's Signature l/ EVA MAE CONELY Wi ss's name ly9vor printed .c Wi ess's Signature KAREN S. HAYES Witness's name typed or printed STATE OF FLORIDA COUNTY OF OKEECHOBEE JMK OF OKEECHOBEE, INC. By . Joy dw President (Corporate Seal) The foregoing instrument was acknowledged before me this 30th day of November 2004, by JOY IUDWELI, as President, on behalf of jMK OF OKEECHOBEE, ING, a Florida corporation, and.who is (Jjpersonally known to me () produced Driver's License as identification. Notary Public E EVAMt===J �Y MY CMMIcc 919)5 E7ipi M W 12, 200 6aal.a ttm tso • • July 25, 2005 Katrina Cook City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 RE: Land Use Change for KMJ Dear Mrs. Cook, I, Joy Kidwell, own controlling shares in the KMJ Land Company. I am giving Mark Goodbread the authority to act as agent on my behalf. Thank you for your consideration. Respectfully Submitted, r 9Joy id State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this day of , 2005 by Joy Kidwell, who produced her drivers license as identification or is personally know to me. Seal: Signature of Notary • July 25, 2005 MEMORANDUM TO FILE 05-011-SSA: KMJ LAND, INC. submitted a Comprehensive PlanFuture005 Later it was discovered that Use Map Amendment application 05-003-SSA which was approved April , while the narrative of the application submitted by the applicant included the land use change of Lots 23 to 26 of Block 31, City of O ec obee as well as Lots 14-19 of of Okeechobee subdivision, the Block 32 and Lots 7 - 19 of Block 35, all within theCity survey did not include any area of Block 31. redesierefore only gnated. t This matter was d scussed hose lots included on the legal description contained in the survey were by Ladaysha at LaRue's office, Katrina and Lane. Mark We are processing dbread was acted and he brought in a survey including the lots within Block it this application through the normal procedures, hnitial FLU Map Amendment Noever, the fee will be waived !05-003- (Block 31) should have been included in the SSA. Lane Gamiotea, CIVIC City Clerk a ;nw%w an a7F IY a' B D BOUNDARY REVISE BOUNDS SURVEY 11 15 44 07/20/03 �0 X-12 157/55-58 WC WC K/B KAB 18603 agar > r > BOUNDARY SURVEY PREPARED FOR BAKUL PATEL DESC R/P77M, LO7S 23 PMP01/a/ 2A iXOO( X, OKEFOYME AS RECORDED 7H mw AN PiAr BOOK A PAQE A CK• WE PfAWC RECORDS OF OYES MYEE C0j4V7Y, hav/DA. AND LO7S B ) Ma4y 11 AAV LO7S 1* "NOUQH 19, BLOCK •Z aYEFWMEr, AS RE6IGYP m 77/EREOr IN Am r BOaK A PA ix 4 OE• 7HE Puauc RELaws OF OKEEQHO9EE COMM, ACRVA AND LO7S 7 771RO W 1$ &OOK JA MECY1059Z AS REMROM INmar MV PLAT BOOK A PACE 4 OF THE PV" RECO4OS OA' aKEEOHO9IEE COUNTY, PLaWA PRO Ecr spEA1P7C NOms% 1) Cb1 M &YOIt'W OMMWS; ALL DM WSayS ARE PLA7(P) AND ACA , rY _ J FIRM. 7H/S SURWY L4 NOT Mv� DEPYpOEPYC rGYPL mnaw A, a? pAREAS or LOCAL COwMW. 4) 7HE Si'A wY DEP im HERE /S NOT CDil7P)ED BY ARm891CWAL u4m/7Y ANSYARANx ADr0V71O'VS aP DIMATONS 70 SURWY MAPS OR ROWTS BY 07HER THAN THE SIQWAV PARTY W PARTIES S PROFMd'70 W7HWT MR/T7EN caysovr a" THE mwm PARTY aP PAR77E'S 1) DATE a- LAST Fmw suRwn 071251id B) THE OE31ONP77ON mom HmEm WAS PRONGED BY THE alDvT aP vc aevrS mofirmim n E 7) W-4RAW BAW 7W SOM ANW--CF WAY a- mE. ON STREET 6 TAKEN 70 BEAR SOM B842W MESr PREPARED FOR ME E71'QLUMW USE A� BAKUL PA7a RDWrY FMD?AL UN WE RSAL LAND ME — — — — — — — — 13 12 11 10 9 8 8 7 6 I I I 30.bx ACRE9 5 I 4 I 3 I 2 I 1 _ I � • rrw ,cv,m• b A/MPY AYlr no'-� II'M7® NYf my-�sv—� ax--sM--sn' - slV--mY--Mnr NAxW'.a'£ PDl7/YC) tm Mlfl— arz —air 20 I 21 I max:"'•"" f I YKw rr""xPwu"; . R I R 1— t...f...f .YI IM Vx9A1p xxY N . b 16I � I • � � ,��•rwww R Kwr � w --7,nr s nru£.br lr PPOAwtW awaotrl n ,i+r - LEGEND RfANDARD R07ti No x.sob a w TRADE1fINLrS pRJP'E33IONAI. SERVICES, INC. O-SKI Iron Rod and Cop TRPS 6719 Mound Cb puMb IKear•L for dKl•xmkalbn d e�wMb r MrbYau •-Pound Iron Rod (and Cop) ®-Feund Pip. (ond Cop) �wd Yfo bnN r1KKn 8 r .rA No by lh. xurwyor. 7b..aray e. b umwxlYry a ulw pMW neiKi No r SxblRy b arxr�by~uu vY��ar iar'�w SIMMORS APED 1IAPPERS ABBREVIATIONS by eYlra nal PFKaY60tiY xKmKd. YxL vm wmoln Yu d9nKWn KM rnborKd rd KP Fbrlda xwus a1-xr�oani.mK PCNPN•1.4 WIV-G•I• M ol. Wood YYN1oP Ond i11Kfd as RO NIeY ObOM wogl nv-W.: V 1 1 P•wmIKo rs°r4EA..nrli�ru�.Y�.-n. i u:.:n�.: xheKn. YK "Kat w Is� 4 YndaVdYld YRprewnrllx Kndd r KnaroadYnnlb ax 800 S.W.6b. 1P L{�34V xa. Y,N rxo.,«KK.iw P • �I•M xa r R W t-(N) W Uq I M sly) OloaohoLw, 1Z 8sB78 u-Ywx..A w-umnNK x•..u; �i 1r-wu�( tf. P a F� of lhb vMK ThY �ImY w MKyv+d M mmdsw MM ml7bnum baMisd xlmdeldx u xM„j- "'"°' °iv°"4 MablYh•d by Y�IK Fldridx BeK1d of and Y ) pp„y Tel: (COS) 700-8807' vrma ((wlKn) a iPL: xn.x•1 1• :•aK auw-awn Yt•K n •nr ls1Y�Yen qiVm (Cbaxtr 61IM7-6. FAA) 9nl to IrK P-PYtl PPP•NI N CwexvK PCf�PMI N Ceryaad ax..(.K ieP- 9�ell9n 472G27, Fler)da Sfalutr / Pxwmwl Cwxa Pa.0 P9P•PMI N xwMu PIXYPN,1 •1 canw.x.nwY MPP•Iu N Pwrw CwwYKK MY•P .n1 4W+w Ywwn,nk R-PWI IN( 5m" N l.�wny1 Pu1D•Pi11e UaN, wd p•F• x-K•air. Cry-I1IgI,1-a1-Yb,1 [lACauYwlx 1•ImpnC,,��n¢•1N1pnw SpIG r MxN� bi x•xn4 K71 un-ulup(Y k!'••Pr.i Gw.lun e••.e m Ymaw o.wm. 1, ennelh A. BreeuY, dr. ( SM 4820 C 4 N AuW,WUm x.. u Pn • 1375 Jackso treet, Suite 206 Fort Myers,Wrida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(d,att.net Staff Report -Small Scale Comprehensive Plan Amendment Prepared for: The City of Okeechobee Applicant: K1VII of Okeechobee Inc. From: Single Family to Multi Family Petition No. 05-011-SSA Staff Report • • Small -Scale Comprehensive Plan Amendment Applicant: KMJ of Okeechobee Petition No. 05-011-SSA A licant: KMJ of Okeechobee Inc. A plicant Address: 945 SE 23` Street Okeechobee, FL 34974 A plicant Phone Number: 863-634-6999 Owner: Mark Goodbread Owner Address: 104 N. W. 7t Avenue Okeechobee, FL 34972 Owner Phone Number: 863-763-4010 Future Land Use Map Sin le-Famil g Y Multi -Family Classification Zoning District CHV RMF Use of Property Vacant Multi -family dwellings Acreage 0.69 0.69 Legal Description: Lots 23 through 26, Block 311, Okeechobee, as recorded thereof in Plat Book 5, Page 5, of the Public Records of Okeechobee County, Florida. The matter for consideration is for a Small Scale Amendment to the City of Okeechobee's FLUM from Single -Family to Multi -Family to allow for multi -family dwellings on the subject property. Based on the size of the property, this application qualifies under Chapter 163 of the Florida Statutes as a Small Scale Amendment to the Plan. In addition to this request, the applicant also requests a rezoning of the subject Property from CHV to RMF. North: Future Land Use Map Classification: Single -Family Zoning District: RMF East: Future Land Use Map Classification: Multi -Family Zoning District: RMF South: Future Land Use Map Classification: Single -Family Zoning District: IND West: Future Land Use Map Classification: Multi -Family Zoning District: RMF 1 Staff Report Small -Scale Comprehensive Plan Amendment APp"Ca a KMJ of Okeechobee Petition No. 05-011-SSA The subject property is currently classified as Single -Family on the FLUM. The Single -Family category only allows one Single -Family dwelling on each lot. The applicant is requesting Multi -Family which will allow apartments, duplexes, and Single -Family homes on the property. The applicant is proposing to construct a Multi -Family development on the site. A. Consistency with the Land Use Categories and Plan Policies. As proposed, the applicant's request would be consistent with the Multi -Family Land Use category. However, given its proximity to Taylor Creek, the Comprehensive Plan states that the City must protect environmentally sensitive areas from high density development such as what is being proposed by the applicant. As such, the request would be consistent with the Comprehensive Plan. Because of the applicant's proximity to Taylor Creek Policy 7.2 of the Comprehensive Plan should be considered during the Site Plan phase of development. Policy 7.2: The City shall continue to protect environmentally sensitive areas from development of a type and intensity which would disrupt their natural functions. B. Concurrency of Adequate Public Facilities The OUA has determined that sewer and water can be made available to this property. C. Compatibility with Adjacent and Nearby Land Uses The existing neighborhood seems to reflect the same level of residential intensity with vacant land to the North, South and East. The proposed development would not be out of scale with adjacent and nearby uses. A Compliance with Specific Standards of the Plan. This property would be best served by changing its Future Land Use category to Multi -Family. The change would be in compliance with the standards set forth in the Comprehensive Plan. 2 Staff Report Applicant: KMJ of Okeechobee Small -Scale Comprehensive Plan Amendment Petition No. 05-011-SSA Analysis and Conclusions Based on the above information, staff recommends approval of the request to amend the Future Land Use Map from Single -Family to Multi -Family. This request and the accompanying zoning change was to be included with a prior application for nearby property. . Maps or Diagrams Submitted by: James G. LaRue, AICP August 16, 2005 3 2005 - Land - Page 3 of 4 III. New Business. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- 010-SSA, continued. • B. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- 011-SSA. Consider a recommendation to the City Council, to change the land use designation for Lots 23 through 26, Block 31, City of Okeechobee, from Single Family to Multi -Family. The subject property is located at the Northwest corner of Northeast 10th Street and Northeast 3rd Avenue . The property owner is KMJ Land, Inc., the applicant is Mark Goodbread. i VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary of Application: The subject property is currently classified as Single -Family on the FLUM. The Single -Family category only allows one Single -Family dwelling on each lot. The applicant is requesting Multi -Family which will allow apartments, duplexes, and Single -Family homes on the property. The applicant is proposing to construct a Multi -Family development on the site. Planning Staff Report Comprehensive Plan Analysis: (A) Consistency with the Land Use Categories and Plan Policies. As proposed, the applicant's request would be consistent with the Multi -Family Land Use category. However, given its proximity to Taylor Creek, the Comprehensive Plan states that the City must protect environmentally sensitive areas from high density development such as what is being proposed by the applicant. As such, the request would be consistent with the Comprehensive Plan. Because of the applicant's proximity to Taylor Creek. Policy 7.2 of the Comprehensive Plan should be considered during the Site Plan phase of development. Policy 7.2: The City shall continue to protect environmentally sensitive areas from development of a type and intensity which would disrupt their natural functions. (13) Concurrency of Adequate Public Facilities. The OUA has determined that sewer and water can be made available to this property. (C) Compatibility with Adjacent and Nearby Land Uses. The existing neighborhood seems to reflect the same level of residential intensity with vacant land to the North, South and East. The proposed development would not be out of scale with adjacent and nearby uses. (D) Compliance with Specific Standards of the Plan. This property would be best served by changing its Future Land Use category to Multi -Family. The change would be in compliance with the standards set forth in the Comprehensive Plan. III. New Business. B. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- 011-SSA, continued. V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning Agency with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. ATTEST: William Ledferd, Chairperson Katrina Cook, Secretary August 23, 2005 -Land Planning Agency - Page 4 of 4 There were no public comments, nor any discussion from the Agency. Agency Member McCoy motioned to recommend to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application No. 05-011-SSA, to change the land use designation from Single Family to Commercial; seconded by Agency Member Hoover. VOTE • BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:22 p.m. 0 The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, i Okeechobee County, Florida; that the attached copy of adverbs ment, being ayn' - -Ei7-4-2 • _., in the matter of in the 19th Judicial District of the Circuft Court of Okeechobee County, Florida, was published in said newspaper in the issues of o Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee PUBLIC NOTICE - CONSIDERATION OF ADOPTING A CITY ORDINANCE ' PLEASE TAKE NOTICE that the City,Council-of the City of OReechobeer Ronda will conduct a PUBLIC HEARING. on . and'thereafter to consider final reading of the following Ordinance imo'law" NO. 910 :`°AN'pROINANCE OF THE CITY OF OKEECHOBEE FLORIDA AMENDING THr-bay OF OKEECHOBEE COMPREHEW SIVE PLAN,ORDINANCE NO. 635 AS AMENDED, REVISING THE FUTURE " LAND USE: MAP ON A,CERTAIN TRACT OF:LANDBYREPARTICULA1tLY bE SCRIBEO HEREIN FROM'SINGLE FAMILYTD MULTI,FAMILW:;PROVIDING,I�R ij INCLUSION OF ORDINANCE AND'REVISED FUTURE LAND USE MAP'lN THE COMPREHENSIVE PLAN; PROVO)ING FOR, AN EFFECTNE DATE' The Public Hearing wlhubeeellfield ooWednesit Sepiember.7,2005 immediately fol- Hall,n55 SE 3rd ABetlOkeechobee,ea�ring scheduled to begio at 5.01 P.M., at City " `The ordinance is-regaNing Small Sc a Comprehens ve "Plan RRure.Lana Use Application N: 05-011-SSA subm Ued Mark Goodbread. do behalf of property owner KMJ''Land Inc. the request is to change the Rdure'rLand User, designation from Single Famly ((SF) to. Multi Family (RAF) for propertytocated.at the North- west comer of Northeast -loth Sbeet and 3rd Avenue. Legal description being Lot 23 through'26, of Block 31 C ty of Okeechobee Plat Book 5 Page 5,,Public RecoNs, Okeechobee CouMg"Florida and is appro omatety 69 icre(s). , M memhers at ills ublic an encouraged to attend amI pathcipate m 5atd hearing, -The proposed 0' nance may be4nspected m'ds erdirety 5y':mem6ers otiYie pub liCin the Offica of the City clerk during regular'business hours, Mon-Frt 8am-0:30pm, eptfor holidayS. PLEASE TAKE flOT1. AND BE ADVISED`that ff any person desires to appeal any decision made Dythe City Council with respect to any matter considered at this hearing, such imerested person will need Is record of ths;proceedngs,, and for "such purpose may need to ensure averbatim"record o f the proceedings is madp; which record includes the tesfimony and evince upon hich the,appeal Lslo be"based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk In accordance with the Americans with Disability Act (ADA) and Florida Statutes 286.26, persons with disabBities reading special accommodation to ppart cipate in this proceeding should contact Lane Gamiotea-notater than two (2) working days pprior to the proceeding at863-763-3372 k215; lf hearing or voice impaired, CAT DO 1-800-222-3448 (voice) or 4-BBB-447-5620; (TT`n. ( Lane Gamiotea, CMQ CfTY CLERK 79900 ON 8/261(2005 County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. . ' '1. Fi Swo to d s v ribed before me this !l`' day of A.D. 20 S 4 4�� Notary PCblic, State of Florida at Large �� �� l;Op {! }?`2 21 1 ; L 17, 200 u0.'ded l Iim "0, Atlantic E: -Dd .;g Co., Inc Exn[BiT 4 September 7, 2005 ORDINANCE NO. 911 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition (Petition No. 05-008-R) pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.33 acre(s) from Residential Single Family -One (RSF-1) Zoning District to Heavy Commercial (CHV) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistentwith the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Office for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOTS 10, 11, 12 OF BLOCK 16, SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Single Family -One (RSF-1) Zoning District to Heavy Commercial (CHV) Zoning District. Page 1 of 2 SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 7th day of September, 2005. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 20"' day of September, 2005. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor Ah City of Okeechobee General Services Department 55 S.E. 3 Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: a,�7 Petition No. 045 - 00g - Fee Paid: Jurisdiction: 1- C C 1st Hearing: O 5 2nd Hearing: q/ u t q / ao Publication Dates: 45 -- �lIS. /1 , ; (> - Notices Mailed: Uniform Land Use Application RP7nnP • .CnPriol Ti.`rrvntinn • V�rio„nn ✓ Name of property owner(s):.Ct A P Owner mailing address: ' �,�0 /V GcJ -/ oa- �� SI—. �f� CG�ip �� i P Name of applicant(s) if other than owner (state relationship): L I Applicant mailing address: C A N Name of contact person (state relationship): �C01J/V iC T Contact person daytime phone(s): ?6 3 - 06 pp y - Fax: F/0,3 - -V %--a /Y-4-1 ✓ Property address / directions to property: 11. Indicate current use of property: ,6t f� 7- Describe improvements on property, including number/type of dwellinlzs and whether occupied (if none, so state): - ems: CL��� o%✓ �s �lf��rir Approximate number of acres: Is property in a platted subdivision. e<S f�CEECf/OQEF P R Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: AY0 O P E' 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: Al'-0 R Is a sale subject to this application being granted? Al'-o T' Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: A10 - Aubov/n/G Describe adjoining land uses / improvements to the North: ( �I �,;o S South: p C _ a / East: 'uyl West: E/�.9ielC Existing zoning: RSA Future Land Use classification: C/C1C/ Actions Requested: Rezone Special Exception (_) Variance Parcel Identification Number: ✓ I 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 V�00.00 and imprisonment of up to 30 days and may result in the summary denial of this application. ASigna Printed Name Date Uniform Land Use Application (rev. im) Page 1 of 2 Current zoning classification: Requested zoning classification: G IN What is your desired permitted use under the proposed classification: If granted, will the new zone be contiguous with a like zone? e's Is a Special Exception necessary for your intended use? �p Variance. 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? Page 2 of 2 Uniform Land Use Application (rev. 1/03) u • Items 2, 10, and 11. To: City of Okeechobee Re: Rezoning request of Lots 10, 11, 12, Block 16 South Okeechobee, from residential to commercial Interest in Property Owners: Ronnie and Ellain Lawrence Trustees, Lawrence Living Trust Purpose of Zoning request: To build an office complex consistant with the style of the current structure on the front three commercial lots. This request will also bring the property in compliance with the current land use of the city comprehensive plan. Pared-Hv-Nuinb,x: 3- 21-37-35-0040-00160-0100 Grantee AI 'FIN: Warranty Deed This Indenture, Made this 241h' day t,t June 1999 A.D.. Ile ttive-CM LOUIS R. DEMICCO, a single nutn, of the County mf gKEECIl013E7:.._ shoe "r Florida , grantor, :llul - RONNIE LAWRENCE and ELLAIN LAWRENCE, T rnstees of the LAWRENCELIVING TRUST (cited July 19, 1996, whose address is: 150 NW 102nd Street; OKEECIIOBI E, Florida 34972 of die CoulSly or OKEECHOBEE_ - , state or Florida ,grantee. W1tnesseth that the CRAN'fOR, for and in c"nsidcr,Uion of the sum of - - - - - - - - - - - - - - - - - - - - - - - - - -------------------- TEN& N0/100($10.00)--------------------aou.ARS. and other gout and valuable con ideralion hr GRANTOR in hand paid by GRANTEEthe receipt whereof is hereby acknowlalged, has - granted, hargeinetl and sold to the said GRANTEE and GRANTEE'S successors and assign forever, the following described land, _ situate. lyittg and being in the Cuunly of OKEECHOBEE state of Florida to wit: Lots 4, 5, 6, 10, 11 and 12, Block 16, SOUTH OKEECHOBEE, accord- ing -to the plat thereof recorded in Plat Book 5, Page 7, Public Records of Okeechobee CounLy, Florida. Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to 1999. VESTING IN SAID TRUSTEE FULL POWER AND AUTHORITY TO CONVEY., SELL LEASE, ENCUMBER, MANAGE AND DISPOSE OF THE REAL PROPERTY CITED HEREIN PURSUANT TO 'TRUST AGRFEMENT DATED JULY 19, 1.996 and the grmtor does hereby fully warrant the title io said land, and will defend the same against lawful claims of all persons whorns"ever. Ill Witness whereor, the grant", has hereunto set his hand and seal the day and year first above written. (Seal) OUTS R. D • ICCO Y.O. Address 2175 SW 19th Lane, 6KEECHOAEE.-FL 34974 STATE` OF Florida COUNTY OF OKEECHOBEE The foregnipg instrument was acknowledged before me this 24th day or ,Ifttle , .19 99 . by . LOUT-Rr'DEMICCO, who is personally. known to ute. - This Daeuntent Prepared 13y: - - - OKEEC110111i8 ABSTRACT' aF'1'r17.1i - - - INSURANCE, INC. Johanna K. derreA OHAuNA K.' JARRELI 302 NW 3rf:Stuea 7!' 1j`�MY COMMISSION g CC585381 EXPIRES O'I'AItY >UBLIC 12101100 OKEECI101Ii1— , I1 ' DECEMBER 1, 2000 y Conut ssion Ezpires: 'I,-_ e0R0E0TRRU TROY FAIN INSURAWS! I,,, D_SearchResults • Okeechobee County Property Appraiser Last Updated: 6/8/2005 Parcel ID: 3-21-37-35-0040-00160-0100 Owner & Property Info Owner's Name LAWRENCE RONNIE & LAWRENCE ELL Site Address 0 , Okeechobee Mailing Address 150 NW 102ND STREET OKEECHOBEE, FL 34972 Brief Legal SOUTH OKEECHOBEE LOTS 10 11 12 BLOCK 16 Use Desc. (code) SINGLE FAM (000100) Neighborhood 518652.00 ITax District 150 UD Codes Market Area 70 Total Land Area 0.488 ACRES Pronertv & Assessment Values Mkt Land Value cnt: (1) $45,675.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (0) $0.00 XFOB Value cnt: (2) $2,499.00 Total Appraised. Value $48,174.00 Cminc 14ictnru • Pagel of 2 2005 Proposed Values Property.Card „. GIS Map '; Print:: « Prev Search Result: 36 of 40 Next » Just Value ---$48,174.00 Class Value $0.00 Assessed Value $48,174.00 Exempt Value $0.00 Total Taxable Value $48,174.00 Sale Date ' Book/Page Inst. Type Sale Vimp Sale Qua[ Sale RCode Sale Price 6/24/1999 424/995 WD I U 02 $0.00 10/1/1985 0/0 QC I U 03 $0.00 6/1/1985 271/1112 WC I U 03 $0.00 Buildina Characteristics Bldg Item Bldg Desc Year Bit Heated S.F. Actual S.F. Bldg Value NONE Extra Features & Out Buildings Code Desc Year Bit Value Units Dims Condition (% Good) WPY W4 WD PIR SHG 1948 $1,447.00 260.000 20 x 13 x 0 PD (50.00) WDT W4 WD DRT TIN 1948 $1,052.00 532.000 28 x 19 x 0 PD (40.00) Land Breakdown Lnd Code Desc Units Adjustments Eff Rate Lnd Value 000000 1 VAC RES (MKT) 150.000 FF - (.488AC) 1.00/1.00/1.00/1.00 $304.50 $45,675.00 Okeechobee County Property Appraiser PfeV.y Search Result: 36 of 40 NeXt±» Last Updated: 6/8/2005 http://www.okeechobeepa.com/GIS/D—SearchResults.asp 6/17/2005 I t d dt pi. c o• a L. ;� � � i i •, a��r 4 , Y 1 ! s I a F I � EE� jWt. FLT- n Ir �Lctsvrn!! 4 a � • u )11HP13QIS 0 Lo o R/ r— 0 1 0 N I I I I I I I r J I , z� r-- I U 1 LU I I I � � 1 I l cv °O LO NI r-UD 1 NI co NI i LO i _ 1 o LO of 1 InoX I N J f 00 m O LO r `- I I Im tz O 66LO U)o x J Om_ O O LO LO N N • 1375 Jacksoeet, Suite 206 Fort Myers, rids 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planningna att.net Staff Report Rezoning Request k d r �. 4 `' Prepwal fog' City of Okeechobee Applicant: Ronnie & Ellain Lawrence From: RSF-I To: CHV Petition No. 05-008 R u • Staff Report Rezoning Request General Information Applicant: Lawrence. Petition No. 05-008-R Applicant: Ronnie & Ellain Lawrence Applicant Address: 150 NW 102nd St. Okeechobee, FL 34972 Applicant Phone Number: 863-467-0600 Contact Person Ronnie Lawrence Existing Future Land Use Map Classification Commercial Same Zoning District RSF-1 CHV Use of Property 3 vacated structures Offices &Storage Buildings Acreage 33 .33 Access Parrot Ave. Legal Description: LOTS 10,11,12 BLOCK 16, SOUTH OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Pg 7, public records of Okeechobee County. The applicants request that the zoning for the subject property be changed from RSF- 1 to CHV. The applicants intend to develop an office building and storage buildings on the property. Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Restaurant East: Future Land Use Map Classification: Multi Family Zoning District: IRSF-1 Existing Land Use: Commercial South: Future Land Use Map Classification: Commercial Zoning District: RSF-1 & CHV Existing Land Use: Residence West: Future Land Use Map Classification: Multi Family ZoningDistrict: RMF Staff Report Applicant: Lawrence. Rezoning Request Petition No. 05-008-R Existing Land Use: Multi Family The subject property is in a transitional area with Commercial intensive use such as restaurants. The use for this property is low intensive in nature and the proposed CHV Zoning is consistent with the surrounding area and the Future Land Use Element of the Comprehensive Plan. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. Heavy Commercial Zoning would be Commercial Future Land Use Category, consistent with the Comprehensive Plan. consistent zoning allowable under the thus making the office and storage use 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Section 90-282(1) specifically allows offices as a permitted use. Section 90-283(4) allows storage as a special exception use. 3. The proposed use will not have an adverse effect on the public interest. No, the proposed use will not have any adverse effects on the public interest. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The proposed zoning and use are appropriate for this location and is compatible with the 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. No, the proposed use and zoning will not adversely affect property values or living conditions. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood If necessary, site plan requirements can help to reduce any impacts on the neighborhood. 2 0 • Staff Report Rezoning Request Applicant: Lawrence. Petition No. 05-008-R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No, the CHV Zoning will not overburden public facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No, the proposed office use will not create traffic congestion, flooding or drainage problems. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the use has not been inordinately burdened by unnecessary restrictions. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare_ No, the proposed change will not grant special privileges to the owner. Summary and Conclusions Prior to Certification The applicants request will be consistent with the City's Comprehensive Plan. Staff recommends approval of the request to allow rezoning from RSF-1 to CITV permitting the applicant to construct an office building and storage buildings. Submitted by: James G. LaRue, AICP Planning Consultant August 16, 2005 3 FD PK NA I L CIL SW 11 th S u ti rn ai 9 3 I N89° 36' 3 W 3 . 45' (F)Ln o `~ RBF N89033' 31 "W 142. 49' (F) N89039' 47" W 143. 19' (F) y � 1. 142. 5' (P) RBF RBF 142. 5' (P) RBF d W 5 Q I Cr) ' y Z Q NOW B 10 a ( Q 3 4 o O o � 0 L Q I � ^ � I \ L I I— ,,, ++W Q O O cONCRETE clu LL) c Pao 43. 43 � Q Iq Ln o o~ o C) 2 STY CBS 6 WF z IGN LOCATION W try WOOD BUILDING 0 Q o rrcE Q to (� Q BARN O ` ` Co tU CONC STEPS m S O ~' Y 1+^r m 6 O i (n (� V y v o 12 T OVEREO n Q `, Ln � J ARPORT � U) Q m I (V RBF I RBF N890 33' 02" W 142. 49' (FJ RBF RBF N89035' 21 "W 142. 58' (F) N89032' 48" W 300. 09' (F) — — — S. W. 12 th STREET C 40" R/W - PAVED] _ — — L EL A ND D YA L S flf i� • tOCATlm dote 4.5.6. M ii, i2 B1k W. South Mee 2i/p/m SUM FM OAM 6114M R. L. S. 2084 WW � Na: RONNIE 6 ELLAIN LAWRENCE, TRUSTEES 'Aw 304 S. W. 3rd Ave., PHOW 789-4M Okeechobee, Fla. FAX ..... 7&9-25oo LAMRENCE L I V I N6 TRUST I 2 2 .... INa r rrstara oArE I er I WAL . a 61 17/76 QF Auv-ust 23, 2005 - Planning Board - Page 2 of 5 IV. NEW BUSINESS. A. Rezoning Petition No. 05-008-R. Consider a recommendation to the City Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Council to rezone Lots 10 through 12, Block 16, City of Okeechobee from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV). The Planning Staff Report Summary: The subject property is in a transitional area with Commercial The use for this property is low intensive in nature and the subject property is located at 1120 South Parrott Avenue. The property owners intensive use such as restaurants. and applicants are Ronnie and Ellain Lawrence. proposed CHV Zoning is consistent with the surrounding area and the Future Land Use Element • of the Comprehensive Plan. Planning Staff Report Analysis: (A) Heavy Commercial Zoning would be consistent zoning allowable under the Commercial Future Land Use Category, thus making the office and storage use consistent with the Comprehensive Plan. (B) Section 90-282(1) specifically allows offices as a permitted use. Section 90-283 (4) allows storage as a special exception use. (C) The proposed use will not have any adverse effects on the public interest. (D) The proposed zoning and use are appropriate for this location and is compatible with the adjacent uses. (E) The proposed use and zoning will not adversely affect property values or living conditions. (F) If necessary, site plan requirements can help to reduce any impacts on the neighborhood. (G) The CHV Zoning will not overburden public facilities. (H) The proposed office use will not create traffic congestion, flooding or drainage problems. (I) The use has not been inordinately burdened by unnecessary restrictions. (J) The proposed change will not grant special privileges to the owner. Planning Staff Report Summary and Conclusions Prior to Certification: The applicants request will be consistent with the City's Comprehensive Plan. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from RSF-1 to CHV permitting the applicant to construct an office building and storage buildings. Board Member McCoy questioned whether the alleyway was closed. Mr. Lawrence explained that he is currently working on the Alley Closing process. There were no pubic comments, nor any further discussion from the Board. IV. NEW BUSINESS. A. Rezoning Petition No. 05-008-R, continued. B. Rezoning Petition No. 05-009-R. Consider a recommendation to the City Council to rezone Lots 23 through 26, Block 31, City of Okeechobee from Heavy Commercial (CHV) to Residential Multiple Family (RMF). The subject property is located at the Northwest corner of Northeast l Oth Street and Northeast 3rd Avenue. The property owner is KMJ Land, Inc., the applicant is Mark Goodbread. . 2005 - ing Board - Page 3 of 5 Board Member Burroughs motioned to recommend to City Council to approve Rezoning Petition 05-008-R, changing the zoning from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV); seconded by Board Member Hoover. VOTE BURROUGHS-YEA HOOVER - YEA K. FELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: The applicant has requested a Future Land Use change of Multi -Family for this property that was recommended for approval. The applicant is proposing to construct apartments on this site. Planning Staff Report Analysis: (A) As the property ily future land use designation, a change to Multi Family honing would not bee coto ntrar to he Comprehensive Plan. (B) Multi -Family residential use is allowed in the requesting RMF zoning district. (C) The proposed zoning and use would not adversely effect the public interest. (D) Multi -Family use, is compatible with adjacent land uses. (E) Changes to Residential Multiple Family (RMF) zoning would not be a deterrent to the development or improvement of adjacent property. (F) Uses can be buffered from the surrounding area. (G) The use will not create a density pattern that would affect public facilities. (H) The RMF zoning would not create trictions on the infrastructure impacts that are undesirable. (1) There are no unnecessary res property other than those set forth in the Comprehensive Plan and the Unified Land Development Code. (J) The proposed change of zoning would not constitute a special privilege. ExHIBIT b - SErMMBER 7, 2005 ORDINANCE NO. 912 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HEAVY COMMERCIAL (CHV) ZONING DISTRICT TO RESIDENTIAL 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 of the property more particularly described hereafter, has heretofore filed a petition (Petition No. 05-009-R) pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.69 acre(s) from Heavy Commercial (CHV) 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 23 THROUGH 26 OF BLOCK 31, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, OF THE 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 Heavy Commercial (CHV) 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. u 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 Ph day of September, 2005. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 20" day of September, 2005. 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. 3rd Avenue; Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: � aS 05 Petition No. 05 - 00,q — waive Fee Paid: N I A Jurisdiction: 1 J Ist Hearing: g t o,31 O 5 2nd Hearing: q ( � Q a O Publication Dates:' Notices Mailed: Uniform Land Use Applicanon ✓ Name of property owner(s): � V1 C . A Owner mailing address: YG( VtY e.e P p Name of applicant(s) if other than owner (state relationship): N I R L I Applicant mailing address: C A,, Name of contact person (state relationship): Mar K 6 Qod bre Od T Contact person daytime hone(s): - Lv g q_ I F 3 ✓ Property address / directions to property: NW Corner NE 10+h S+ and N E 3✓ (AYe: Indicate current use of property: V Q can Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): kAn�rnDroveol Approximate number of acres: t , (D q Is property in a platted subdivision? n O P Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: nc) 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: no E'. R: Is a sale subject to this application being granted? 11Q T Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Describe adjoining land uses / improvements to the North: R M F South: C )Mrneyclo ( East: VCl C.OLn t West: St nq le at. I I y Existing zoning: heavy CGYY me YC 1 a Future Land Use classification: Actions Requested: L-VJ/ Rezone L Special Exception Variance Parcel Identification Number: 3 - l5 - 3-7 - 3 5 - 00 t 0 - 00310 -- O D-3 0 I hereby certify that the information in this ap lication correct. The information included in this application is for use by the City of Okeechobe in proces it requ st. Fals or misleading information may be punishable by a fine of up to $500.0 and ' pns of to 3 days an may re t in the summary denial of this application. Eioodbread i a5) Os Rona ,re Prmte Name Date Uniform Land Use Application (rev. 1/03) Page 1 of 2 E • Current zoning classification: C H V Requested zoning classification m What is your desired permitted use under the proposed classification: RMF diNellingS If granted, will the new zone be contiguous with a like zone? Ves Is a Special Exception necessary for your intended use? f 1 Q Variance? no Describe the Special Exception sought: Provide specific LDR ordinance citation: Are there other similar uses in the area? Is so, describe: Why would granting your request be in the best interest of the area and residents? If business, briefly describe nature including number of employees, hours, noise conducted outside of a building: generation and activities to be Describe Variance sought: Describe physical characteristic of property that makes variance necessary: Did you cause or contribute to the characteristic? Is so, describe: What is the minimum variance necessary? Uniform Land Use Application (rev. 1/03) Page 2 of 2 • • July 25, 2005 Katrina Cook City of Okeechobee 55 SE 3Td Avenue Okeechobee, FL 34974 RE: KMJ Rezoning Dear Mrs. Cook, I, Joy Kidwell, own controlling shares in the KMJ Land Company. I am giving Mark Goodbread the authority to act as agent on my behalf. Thank you for your consideration. espectfully Submitted, ?oyKidwell State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this day of , 2005 by Joy Kidwell, who produced her drivers license as identification or is personally know to me. Seal: Signature of Notary • W�9 0 IQ* ((� Tbia lnstme nt Prepsied BY And Return to: TOM W. CONIE Y, m CONEY & CONELY, PA Post Offix Drawer 1367 OI¢ed.bm Florida 34973 property Appramrs Pared ID#: 3-15-37-35-MI0-00310-0010 WARRANTY DEED 10u,e1n1AMuo FILE NUM 2004021147 OR BK 0054B PG 0339 SHARON ROBERTSON. CLERK. OF CIRCUIT COURT OKEECHOBEE COUNTYt FL RECORDED 12/09/2004 01=45=35 PH RECORDING FEES 10.00 DEED DOC 786.30 RECORDED BY tl Anuez THIS WARRANTY DEED Made the 30th day of November, 2004, by JMg OF OxEECHOBEE, INC., a corporation existing under the laws of Florida, and having its principal place of business at 945 S.E. 23rd Street, Okeechobee, Florida 34974, hereinafter called grantor, to K M J LAND, INC., a corporation existing under the laws of Florida, whose postoffice address is 945 S.E. 23rd Street, Okeechobee, Florida 34974, hereinafter called grantee: (Wherever used ha tha terms "grantor' and `grantee" iadude all the parries to this ionr eq mad the heirs, kfA rcpnxsntzam and asmgm of iodlviduala, and rho aroma and aeigm of cogmz lau} WITNESSETH: That the grantor, for and in consideration of the sum of $1.00 and other valuable considerations, receiptwhereofis hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Okeechobee County, Florida, viz: Lot 1 and Lots 23 through 26, inclusive, of Block 31, Lots 8 through IL inclusive, and Lots 14 through 19, inclusive, of Block 37, and Lots 7 through 13, inclusive and Lots 14 through 19, inclusive, of Block 35, OICEECHOBEE, according to the plat thereof recorded in Plat Book 5, page 5, 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 31, 2003. 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 caused these presents to be executed in its name and its corporate seal to be hereunto affixed by it proper officer thereunto duly authorized the day and year first above written. Signed, sealed and delivered in our presence. Witness's Signature EVA MAE CONELY WI s name typed or printed .mac' Wi ess's Signature KAREN S. RAYES Witness's name typed or printed STATE OF FLORIDA COUNTY OF OKEECHOBEE JMK OF OKEECHOBEE, INC. B9 ' Joy gd—weg President (Corporate Seal) The foregoing instrument was acknowledged before me this 30th day of November 2004, by JOY KIDWELI , as President, on behalf of JMK OF OKEECHOBEE, INC., a Florida corporation, and.who is (.J personally known to me () produced Driver's License as identification. Notary Public EVA1 AEOMMY MYCO1a11SSl #CCMM BARE&Deen*1ZM • 11 July 25, 2005 Katrina Cook City of Okeechobee 55 SE 3`d Avenue Okeechobee, FL 34974 RE: Land Rezoning for KMJ Dear Mrs. Cook, KMJ Land, Inc. is a corporation of which I am a partial owner of and I am also representing KMJ in their application to rezone their property to Residential Multiple Family. This petition was originally submitted back in January; however, there was some confusion regarding the parcels that were requested to be rezoned. Both the City Clerk and Planning Department used the Legal Description listed on the survey that I provided (which did not include Block 31). The Planning Board and City Council did rezone the property with the legal description that was on the survey (Lots 14 -19 Block 32 and Lots 7 - 19 Block 35). 1 also wanted Lots 23 - 26 of Block 31 be rezoned as well. This petition is to complete the rezoning process on the property that I thought was being rezoned before. I've included a revised sury y in uding all of the parcels. Please contact me should you need any additional information. Th�nk you or your consideration. Mark E. Goodbread Lic. Real Estate Associate • • July 25, 2005 Katrina Cook City of Okeechobee 55 SE 3' Avenue Okeechobee, FL 34974 RE: Statement of Special Reason and Basis for the Request Dear Mrs. Cook, The reason for the rezoning application is to change the current zoning to Residential. Multiple Family, based on the current market conditions and the need for residential multiple family zoned property in Okeechobee. Please contact me should you need any 7dditi "information. Thank you for your consideration. Lic. Real Estate Associate July 25, 2005 Katrina Cook City of Okeechobee 55 SE Y' Avenue Okeechobee, FL 34974 RE: Applicants Statement of Interest in Property Dear Mrs. Cook, My interest in the property is part owrand representative. If you have any questions concerning this application, please gime call. Thank you for your consideration. Mark E. Goc dbread Lic. Real Es{ate Associate July 25, 2005 Katrina Cook City of Okeechobee 55 SE Yd Avenue Okeechobee, FL 34974 RE: KMJ Rezoning Dear Mrs. Cook, I, Joy Kidwell, own controlling shares in the KMJ Land Company. I am giving Mark Goodbread the authority to act as agent on my behalf. Thank you for your consideration. Respectfully Submitted, Joy Kidwell State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this day of , 2005 by Joy Kidwell, who produced her drivers license as identification or is personally know to me. Signature of Notary Seal: >Ai t I l �D 17- CA rv,�-(D1 Q--� c-61 Soo P'-� • July 25, 2005 MEMORANDUM TO FILE 05-009-R: KMJ LAND, INC. submitted a Rezoning application 05-002-R which was approved April 19, 2005. Later it was discovered that while the narrative of the application submitted by the applicant included the rezoning of Lots 23 to 26 of Block 31, City of Okeechobee as well as Lots 14-19 of Block 32 and Lots 7 - 19 of Block 35, all within the City of Okeechobee subdivision, the survey did not include any area of Block 31. Therefore only those lots included on the legal description contained in the survey were rezoned. This matter was discussed by Ladaysha at LaRue's office, Katrina and Lane. Mark Goodbread was contacted and he brought in a survey including the lots within Block 31. We are processing this application through the normal procedures, however, the fee will be waived since it (Block 31) should have been included in the initial Rezoning No. 05- 002-R. Lane Gamiotea, CIVIC City Clerk BOUNDARY SURVEY PREPARED FOR BAKUL PATEL DESCRIP770* 1-07S ?J MW&tiH X 6YOL7! J1, QrEEix/A61EF.r AS REC61WM 7NE7P w AV PLAr BOGY 'A PALE 'A OF WE PUBLIC RECORDS OF OyEEa GgEE COUNTY, fZGIP/DA AND LOTS a MWI( y 11 AND LOTS 14 THROUGH 19, &OCK A gCMYORE4 AS RECGiI DM T7ASMVF AV PLAT Li w 4 PAGE 4 OF THE PULAUC RECO@PDS or OkZrMfiff COMM, FLORDD,1. AND L07S 7 MROMW to, L+YOCX ,1CS AYYEFpIASEF AS REGg4gED 1iAEREAR /N P1UT BOCK 4y PAGE $ A� 1HE PY/BIUC IAECGI4DS Q� A11'Ep>IGgpE£ C WrY, naWDA. PROLECr -90M 7C N07ES) 1) UNLESS S YONN 07MWWS& ALL DM/EA av$ ARE PLA7(PJ AND AAE4&ffED(M ?) F.LR.AL ZQVE! ~ UNLaEM09AEM pARca LAES W7hWV rW QYEELY/gl;w pry L/A#m J) THIS SU?WY /S NCr AHTD11gED M Dowr NfAwsOo 7javAL ARAGIS A4 07ALcR AREAS Lir LOCAL CAVLrERN 4 7HE SxA41EY OIEWM) HERE AS NCr C HMED BY PRa-E=wML LmwrY AHS RANGE ALa0V7/OYVS OR lO SURWY MAPS C4 AipmrS BY O1NER THAN THE STLYVINO PARTY 5? PAR7FS LS PWLMWL9VTED W7HOUT Nmr7EN CGINSENr Of pcamw PARTY a? PARAES 5) DATE Ac- LAST MELD S71R6E1': 07/`16/i>,.S' e) 7HE OIESYri4/PAAH &YONN IrE wav WAS PYIONOIED BY THE aAEIVT OR RE LY/EHT4S REPRE59MTTM 7) SEAMIM RAW THE SOUTH MYr--A =WAY ar ALE. 91H STREET 6 TAKEN TO BEAR SOUTH a942'JO' NEST. PREPARED FOR THE EMUSTIF USE m BAM PA M P alrY FEDERAL UNMR7SAL LAND 77RE i 5 44wwao.l 3 I 2 1 aTi •mwsu, r NMFO AfE11• —�'—M'•—� air n n °Of w I�iai�• �' L I �a�xv ma• pw u/orw «uq - C BLOK 31 I I � 22 23 24 25 I 26 - I wp� l0.6. AGiES � ( A VIREM � opu u�ax I. 'i. ... .. ., .. B I , I I 13 I -- I t...T..a7w MOM" IBM - p Isf � I or 1 or SURVEY NDARY SURVEY WARY SURVEY 0 J2 /O6 07/28/05 35 8-28 15 1B-1B 157/55-56 WC WC WC KAB KAB KAB r _ ,y^F 4MMlMr AtYiW 18603 or 7 6 I 20 I 21 I I 20 I 21 I - - 1117 --- t - - - - LEGEND O-S.L Iran Rod end Cop IMPS m- hFound CM .-FounO Iron Pod (and Cop) O-Found Pipe (and cap) ABBREVIATlkJS BTANOARO NOTM No wofi N th. ! P roelrJl Ar d.lr,nlelln of s nr.hp r nwnbtlnl •"'°""e U. L°nd•'L'°•n "m + � ►r n•»Eee. Th. �»r d�L.Lw n.. ! p,yr.d ..ewdwy far tbdo noPi4 No r eeb� Nr ! e.eull byfr m. TRADEIPIIVDS_ PROr^ESSIONAL SERVICES, INC. awe w..wm.p a cNM.�. a-caw+n.a urv-c.w » cw a. wrawa mvo-cwaaw o-awA n•wi. « cww *.w l E.4 by e1h� net y mm•d Nw d�d W aboo, w �nbmme •d o 000 t eoen..d Nnyor vld mWGr peen 1Mn ae no d.el. abom veLNld .nero•dm.nb .mlpl SURVLi0R3 Ai'iD YAPPERS —E-4 r+wJr..nIM.e�y+, NF eN. eq; n%. eyw ■A�C}M W p wkk uWw•a �.rw a-Y.wrN, w.awnaw x.NarTh Ihr-x,M.n �-Nr m No attunyt eoe mod. to kweb mMyand 6npre.n�b sW/r �aoed�mnh (N onY) a. of Prt �' r^+K Thle nMy .m pnpoW ! a.eordop..M m1nY,mn Islnld .londrd. 200 B.X. Erd Avmue OkOeoL060 iL 84878 v.nta�o.ma) N ira; aiE-rrN �. wa, ww.w.n, wwi r. .nr uN r N; wra,l .i wn°�r• raar..r,nd .i c.,rwre ano(+w ia. Iwawwt frnw eM4 raMlNnl N.p�y�¢ Mp•hF1 N CammrnwnM4 IIYMr�IpM�I.nN 4•ww C1+wVs AY.I 1 Nwm. Mrw�mN R-Ianl .deWYwd byy tM AaWa Bond el & r%wAm and b qp— (gn;tr e1017-0. RA.4 Bletlen 472077, Florldo stebto.. ) par.Nonl 1. / Tak (853) 789-8BB7 FW il'/NWMnPiIY UmM1 wN p 1/Y.glaw- IbK � w INWi eac FFr4 �� ..IIMa01w WLY.Wwlrin UR.WIII Iw'wg.7n ' d k!'�•erol n..Nw� MN °. re.a.a oar,. / .nnetd A. Brenui. ]r. ( 4820 o a eru.awuN w. u .n • 1375 Jacksoeet, Suite 206 Fort Myers, Mrida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(a,att. net Staff Report Rezoning Request Preparedfor.- The City of Okeechobee Applicant: KMJof Okeechobee Inc. From: CHV To: RA4Fr Petition No. 05-009 R Staff Report Rezoning Request General Information Applicant: KMJ of Okeechobee Petition No. 05-002-R Applicant: KMJ of Okeechobee Inc. Applicant Address: 945 SE 23rd Street, Okeechobee, FL 34974 Applicant Phone Number: 863-634-6999 Contact Person Mark Goodbread Owner: KMJ of Okeechobee Inc. Owner Address: 945 SE 23r Street, Okeechobee, FL 34974 Existing Proposed Future Land Use Map Classification Single Family Multi -Family Zoning District CHV RMF Use of Property Vacant Multi -Family residences Acreage 0.69 0.69 Legal Description: Lots 23-26, Block 31, City of Okeechobee, as recorded in Plat Book 5, Page5, of the Public Records of Okeechobee County, Florida. Request: The applicant is requesting to rezone 0.69 acres of land from the CHV zoning district to the RMF zoning district. The applicant would like to develop a multi -family community on the subject property. Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Zoning District: East: Future Land Use Map Classification: Zoning District: South: Future Land Use Map Classification: Zoning District: West: Future Land Use Map Classification: Zoning District: Single -Family RMF Multi Family RMF Single -Family Industrial (IND) Multi -Family RMF Staff Report Applicant: KMJ of Okeechobee Rezoning Request Petition No. 05-002-R The applicant has requested a Future Land Use change of Multi -Family for this property that was recommended for approval. The applicant is proposing to construct apartments on this site. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. As the property is also requesting a change to Multi Family future land use designation, a change to Multi Family zoning would not be contrary to the Comprehensive Plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Multi -Family residential use is allowed in the requesting RMF zoning district. 3. The proposed use will not have an adverse effect on the public interest. No, the proposed zoning and use would not adversely effect the public interest. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Multi -Family use, is compatible with adjacent land uses. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. No, changes to Residential Multiple Family (RMF) zoning would not be a deterrent the development or improvement of adjacent property.. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood Yes, uses can be buffered from the surrounding area. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No, the use will not create a density pattern that would affect public facilities. K I] Staff Report Rezoning Request 8. The proposed use will not create or otherwise affect public safety. 0 Applicant: KMJ of Okeechobee Petition No. 0"02-R traffic congestion, flooding or drainage problems, No, the RMF zoning would not create infrastructure impacts that are undesirable. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. There are no unnecessary restrictions on the property other than those set forth in the Comprehensive Plan and the Unified Land Development Code. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. No, the proposed change of zoning would not constitute a special privilege. The application is consistent with the requirements of the City's Comprehensive Plan. The applicant simultaneously requested a Small Scale Land Use Map Amendment to allow a Multi -Family land use category which was approved. Staff recommends approval of the request to allow rezoning from CHV to RMF permitting the applicant to develop multi -family residential dwellings. This request and the accompanying Future Land Use re -designation was to be included with a prior land use/zoning change for nearby property. Submitted by: James G. LaRue, AICP Planning Consultant August 16, 2005 23, 2005 - Board - Page 3 of 5 IV. NEW BUSINESS. A. Rezoning Petition No. 05-008-R, continued. • B. Rezoning Petition No. 05-009-R. Consider a recommendation to the City Council to rezone Lots 23 through 26, Block 31, City of Okeechobee from Heavy Commercial (CHV) to Residential Multiple Family (RMF). The subject property is located at the Northwest corner of Northeast 10th Street and Northeast 3rd is Avenue. The property owner is KMJ Land, Inc., the applicant is Mark Goodbread. Board Member Burroughs motioned to recommend to City Council to approve Rezoning Petition 05-008-R, changing the zoning from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV); seconded by Board Member Hoover. VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: The applicant has requested a Future Land Use change of Multi -Family for this property that was recommended for approval. The applicant is proposing to construct apartments on this site. Planning Staff Report Analysis: (A) As the property is also requesting a change to Multi Family future land use designation, a change to Multi Family zoning would not be contrary to the Comprehensive Plan. (B) Multi -Family residential use is allowed in the requesting RMF zoning district. (C) The proposed zoning and use would not adversely effect the public interest. (D) Multi -Family use, is compatible with adjacent land uses. (E) Changes to Residential Multiple Family (RMF) zoning would not be a deterrent to the development or improvement of adjacent property. (F) Uses can be buffered from the surrounding area. (G) The use will not create a density pattern that would affect public facilities. (H) The RMF zoning would not create infrastructure impacts that are undesirable. (I) There are no unnecessary restrictions on the property other than those set forth in the Comprehensive Plan and the Unified Land Development Code. (J) The proposed change of zoning would not constitute a special privilege. IV. NEW BUSINESS. B. Rezoning Petition No. 05-009-R, continued. 2005 - ing Board - Page 4 of 5 Planning Staff Report Summary and Conclusions Prior to Certification: The application is consistent with the requirements of the City's Comprehensive Plan. The applicant simultaneously requested a Small Scale Land Use Map Amendment to allow a Multi -Family land use category which was approved. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from CHV to RMF permitting the applicant to develop multi -family residential dwellings. This request and the accompanying Future Land Use re -designation was to be included with a prior land use/zoning change for nearby property. There were no public comments, nor any discussion from the Board. Board Member Hoover motioned to recommend to City Council to approve Rezoning Petition 05- 008-R, changing the zoning from Heavy Commercial (CHV) to Residential Multiple Family (RMF); seconded by Board Member )hidden. VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOV - YEA WHIDDEN - YEA MOTION CARRIED. EXHIBIT 6-- SEPTEMBER 7, 2005 ORDINANCE NO. 915 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HEAVY COMMERCIAL (CHV)ZONING DISTRICT TO COMMERCIAL BUSINESS (CBD) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYANDAN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition (Petition No. 04-010-R) pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.64 acre(s) from Heavy Commercial (CHV) Zoning District to Commercial Business (CBD) 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, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOTS 3 THROUGH 12 of BLOCK 153, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE 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 Heavy Commercial (CHV) Zoning District to Commercial Business (CBD) Zoning District. SECTION 3. CONFLICT. Page 1 of 2 • All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 71h day of September, 2005. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 20th day of September, 2005. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 EXHIBIT 7 SEPrE►NBER 7, 2005 e4��1 55 Southeast Y' 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 A rYj K21� /Vf C/i(.. Today's Date 5- j Address 11PeG2Ch 'a 1 (V .C' �'eSS CreE k Poo- Phone(s) )IL CP3 U1U -2555 Name of Property Owner C r M,jffis �Prl` ��►�I ' "1 Address r S..S CtWL0aj Phone(s) I 3J5 Street to be Closed (1 6 C h -fJ1, U Liv�l Ai C il,,92kcdL Dates to be Closed N©'ve rn, be r 5 2 �Q b Time(s) to be Closed g Am PM P#�-)K SIP— FArn S�" b ra ist YYt�1 � a 0 CC7�' G� 1.Gi iL C Purpose of Closing `J �YI�Q Y ACQCh ffo 9 D- 5- Original Signatures of all residents, property owners and business owners affected by street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications) Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications) Attachments If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. State Food Service License if selling food. State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks) twClean-up is required within 24 hours. cwNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. swNo donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please mote there are inside consumption and outside consumption licenses. You must have the appropriate license. 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. mwDumpsters and port -a -lets are required when closing the street for more than 3 hours. PUBLIC WORKS DEPARTMENT Authorized. Signature POLICE DEPARTMENT Authorized Signature 7IRE RTMENT A*orrized Signature ADMINISTRATION AuthgfizeA Signatpre Donnie Robertson Public Works Director Date Typed Name & Title . y /2 - oS Denn Davis Chief of Police Date Typed Name & Title Date Typed Name & Title Occupational and/or State License Verified: tJ/A- Fxian whiteratl, City administrator Date Typed Name & Title Lane Gamiotea City Clerk Typed Name &Title Authorized Signature Date APPROVED/DENIED BY COUNCIL ON: Revised 8/05103 I WCD Ul A W N I - s V � N m Cr Z o Qo �' r cn � w � Z 0 Svc► 'A �?vc, / F cn t!►Ln N W SW 3rd Arc. v F � r N V rn co Ln `° �. rm LA N -- O N SOLCrIA oo©nno m w.;1, �1�i Z N Z a 4 0�1i= .�- PM NW TTH AVE 1,01co Vr V NW 6TH AVE a Co U p NL NW 5TH A' c z 1 Q N o m cD 1 O n N • Parro Avenue, goiz-n+ rnICnI-t�Ic, • ExnlBIT 8 SEPI'EMBER 7, 2005 OKEECHOBEE MAIN STREET INC. / CITY OF OKEECHOBEE / CRA AGREEMENT 2005-2008 THIS AGREEMENT is entered into between OKEECHOBEE MAIN STREET, INC., (hereinafter referred to as "OKMS"), the CITY OF OKEECHOBEE (hereinafter referred to as the "CITY", and THE COMMUNITY REDEVELOPMENT AGENCY (hereinafter referred to as the "CRA"). WHEREAS, OKMS has demonstrated special expertise in promoting the economic, physical and aesthetic redevelopment and maintenance of the downtown area, and these activities are directly and indirectly related to implementing the Downtown Redevelopment Plan; therefore, for mutual consideration, the parties hereby agree as follows: 1. Term of Agreement The term of this agreement shall be from October 1, 2005, through September 30, 2008. 2. Scope of Services OKMS and its Executive Director shall devote their best professional efforts towards the following: a. Provide staff assistance for the CRA, by assisting with data collection/dissemination, and the organization of CRA, assistance in budget preparation and expenditure of CRA funds, administration of the Fagade Grant Program, and various committee meetings and workshops; assist City Staff and City Council members on projects, meetings and workshops pertaining to downtown redevelopment projects, plus any other projects which are mutually agreed to during the term of this Agreement. b. Maintain an inventory/data base of occupied and vacant properties in the Local Program Area (LPA), to be updated quarterly. Information relating to vacant properties will be reported by address. C. Actively recruit new business development for the LPA and maintain records of contacts and promotion. d. Promote awareness of the downtown community through production and management of promotions including, but not limited to, the Annual Lighting Ceremony and any other special events to be planned in the future by the City. 3. Compensation The CITY agrees to pay OKMS, from its General Fund, a fee of $20,000.00 each year of this contract. a. The CITY agrees to provide in -kind services for road closings for the various events throughout each year of this contract. Page 1 of 2 4. Reporting OKMS shall deliver a statement of activities to the City, through monthly reports provided to the City Finance Department. These reports shall include detailed information regarding projects undertaken and downtown vacant property status. S. Indemnification OKMS shall indemnify and hold harmless the CITY from any loss cost of claim of damages, if such loss, cost or claim of damages is caused by the negligence of OKMS or its officers, agents or employees acting within the scope of their employment. This Agreement may be terminated by the City, if OKMS fails to maintain general liability insurance in a minimum amount of $100,000.00 per claimant and $200,000.00 per occurrence. 6. Termination This agreement may be cancelled by either party upon thirty (30) days written notice to the other. Any funds to be appropriated by the CITY to OKMS are subject to annual allocation during the budget process within the Cityfo Okeechobee, and future funding, although agreed, shall nto be considered to be guaranteed. OKMS shall hold the CITY harmless form enforcement of such funding, in the event the CITY, in its sole discretion, should determine that future funding is not financially feasible. In the event this agreement should be terminated during the Fiscal Year of the CITY, OKMS shall not be liable to return or pro -rate any funding previously approved and advanced to OKMS by the City Council. SIGNED BY OKEECHOBEE MAIN STREET, INC., this day of , 2005. SIGNED BY CITY OF OKEECHOBEE, this ATTEST: Lane Gamiotea, CMC City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook City Attorney Page 2 of 2 By: Maureen Burroughs OKMS President day of , 2005. James E. Kirk Mayor • • EXHIBIT 9- SEPI'EMBER 7, 2005 ou V44e4 a 4..iW -"iL 04 Okeechobee Main Street MAIN STREET MURALS AND VISUAL ARTS PROGRAM GUIDELINES Prepared for the City of Okeechobee By the Main Street Mural and Visual Arts Committee of Okeechobee Main Street • Okeechobee Main Street - Mural and Visual Art Program Guidelines PURPOSE This program has been developed to meet the mandate of the Main Street Mural and Visual Arts Committee. This assigns responsibility to the Committee for the planning, development and maintenance of the murals and visual arts of Okeechobee. The Committee is responsible for the recommending to Okeechobee Main Street Board of Directors, Main Street Design Committee, and the City of Okeechobee on proj- ects, and other matters related to the Mural and Visual Arts Program. The purpose of this program is to: 1. Identify future mural & visual art locations and themes. 2. Coordinated artist selection and project completion. 3. Coordinate funds, through fundraisers or grants. 4. Develop an action plan for maintenance and preservation of future murals and and existing murals. THE MURAL AND VISUAL ARTS PROGRAM What is a Mural? A mural is a pictorial representation designed or intended to reflect a thematic or artist's expression rather than advertising a concept. Murals within the Okeechobee Main Street program are further defined as "a visual depiction of a person, location, event or thing" which constitutes an amenity, and does not serve any advertising pur- pose. A mural which is painted onto a wall may encompass up to 100 percent of the wall to which it is applied, provided that the mural com- plies with the approved Main Street Mural and Visual Arts Guidelines. What is Visual Art? Visual Art shall include sculpture, monuments, fountains, mosaic, ceramic, or stain glass that is installed on private or city property and visible to the public right-of-way that is not intended to identify or advertise a product, service or business, and complies with the approved Main Street Mural and Visual Arts Guidelines. Mural or Visual Art does not demonstrate any relationship to the busi- ness. Art normally does not include landscaping, paving or architec- tural ornamentation. Page 2 of 6 ll Okeechobee Main Street - Mural and Visual Art Program Guidelines GOALS OF THE PROGRAM The mural and visual Arts Program was initiated to focus on: 1. Preserving and celebrating Okeechobee's heritage by depicting the rich history of our community and cultural heritage, our wildlife and environment, and our various recreational and community activities (murals, sculptures or related visual arts). 2. Encouraging tourists and visitors to town with an attraction that is "always open." 3. Instilling a sense of civic pride in the town residents, particularly in the youth of our community. 4. Working with schools to incorporate students' participation with some of the mural and visual arts projects The program is not: - Indoor art or displays - Performing arts - Outdoor visual art presentations that do not conform to the Program Guidelines MAIN STREET MURALS AND VISUAL ARTS COMMITTEE The volunteer committee shall consist of members of Okeechobee Main Street, and/or volunteer members of Okeechobee Main Street. The diverse committee, will include persons with art background, historians, educators, local business owners, etc. Mural or Visual Artists, and their family members will be allowed to serve on the committee, but will be prohibited to be a part of the juried and art selection process if he/she plans to bid or participate in a mural or visual art project. PROGRAM REQUIREMENTS In order to be recognized as part of the Main Street Murals and Visual Arts Program, the murals/visual arts must meet the following criteria: 1. Be located in Okeechobee, Florida 2. Be an authentic depiction of our community and cultural heritage, our wildlife and environment, and our various recreational and community activities. Page 3of6 • Okeechobee Main Street - Mural and Visual Art Program Guidelines 3. Tell a story and represent events and/or real people. 4. Advertisement and/or political -type messages incorporated into the mural image, business or service activities rendered within the building, or reflect the views of the property owner or other will be prohibited. The only exception will be the inclusion of an historical theme that is unrelated to business activities within the building structure (e.g. citrus label art). 5. The artist's signature or marking may appear on the finished art, provided that it does not detract from the mural or art display. 6. Be completed under the direction of the Main Street Mural and Visual Arts Committee 7. Murals completed by external and private parties, within the City of Okeechobee must have prior approval from the Main Street Mural and Usual Arts Committee. LOCATION GUIDELINES FOR VISITOR ACCESS In order to meet the overall purpose of the Program, the murals should be located to provide access for both organized and self -guided tours. SITE SELECTION PROCESS The site selection process involves achieving agreements between the Main Street Mural and Visual Arts Committee, mural sponsors, and building owners on the size, theme, location and timing of the mural or visual art. The site selection process involves: 1. Developing and maintaining an inventory of potential mural and visual art locations. 2. Establishing a list of potential themes for individual sites. 3. Reviewing themes with building owners and developing an interim understanding that specifies responsibilities, potential themes and any restrictions on the building (maintenance, no demolition, etc.) and on the mural/visual art (any non -permitted themes, individuals, advertisement, etc.) 4. Reviewing the site and reconfirming potential sites on an ongoing basis. 5. Reviewing potential themes and sites with sponsors and agreeing on a mural/visual art location. Page 4 of 6 • • Okeechobee Main Street - Mural and Visual Art Program Guidelines 6. Implement Wall License Agreement with Okeechobee Main Street 7. Review proposed mural/visual art with building owner. PHYSICAL GUIDELINES FOR MURAL WALLS 1. Completed Murals must remain be on buildings for a minimum of ten (10) years. 2. The wall should have an unobstructed view. 3. The wall and building must be structurally sound. 4. Wall material must be of good quality (stucco or concrete block) 5. With approval, murals may be painted on approved material that is mounted and is removable. ARTISTS GUIDELINES 1. Mural and Visual artists are carefully chosen artists who have demonstrated their ability and the vision to carry out a project of magnitude. 2. In order to provide a range of artistic styles and approaches, the number of murals/visual arts contracted to any one artist may be restricted. 3. If mural/visual art is a community school project, an experienced professional artist must oversee and supervise the project. THE ARTIST SELECTION PROCESS Artists will be selected by invitation through 1 of 2 processes. 1. Direct Invitation to an artist based on previous work or submis- sions. The artist will be invited to provide a black and white sketch of the proposed mural or visual art for committee review. The artist will be interviewed to explain their proposal and receive input from the committee. If accepted, the artist will prepare a final full color rendering suitable for framing, which will become the property of Okeechobee Main Street. This final rendering will be approved by the Main Street Mural and Visual Arts Committee, which in turn will be approved by Okeechobee Main Street, and the City of Okeechobee. Page 5of6 Okeechobee Main Street - Mural and Visual Art Program Guidelines 2. A Call to Entry which is circulated to known artists and adver- tised in relevant journals or newsletters. The call to entry con- tains a description of the mural / visual art (location, size, theme, background information, etc.) and request that sketches be submitted within a particular time frame (usually one month). The Main Street Mural and Visual Arts Committee juries the submissions and approves a short list of artists who will be interviewed. The artists are interviewed to explain their qualifications and their proposal and receive input from the Main Street Mural and Visual Arts Committee. The Main Street Mural and Visual Arts Committee will then select an artist, and the artist will prepare a final full color rendering and procedures will follow as in stated above (#1). An Artists Agreement shall be executed between the Artist and Okeechobee Main Street. BUILDING OWNER GUIDELINES 1. Building owners will be given an opportunity to have input on the theme concept that will be placed on their building. 2. The building will be maintained to minimize any potential damage to mural. 3. The building owner and Okeechobee Main Street shall execute a Wall License Agreement. Approval of all murals and visual art by the Main Street Mural and Visual Arts Committee is granted for a specific design and one-time production of murals and/or visual art presented. Approval does not constitute either an indication or promise of any other commission of the same artist, location, or material. All approvals will be granted and commissioned on an individual project basis, and no changes are to made to the original approved image presented to the Main Street Mural and Visual Arts Committee. Production time will be adhered to as outlined in the Artists Agreement form. Guidelines are subject to change through amendments approved by Main Street Mural and Visual Arts Committee, Okeechobee Main Street Board of Directors, Okeechobee Main Street Design Review Committee and the City of Okeechobee. Page 6 of 6 WALL LICENSE AGREEMENT This Agreement made this day of 200 , by and between , hereinafter called the "Licensor" and Okeechobee Main Street, Inc. , hereinafter called the "licensee": RECITALS The Licensor is the owner of the following described real property located in Okeechobee, Florida And the Licensee desires to exercise certain rights and privileges upon the above - described property. AGREEMENT It is hereby agreed as follows: Licensor hereby grants to the Licensee the right to paint a mural on one of the outside walls of Licensor's building, which is located on the above -described property. The outside building wall on which the mural will be painted is more particularly described as the wall of the building. Licensor hereby grants the Licensee access to the above -described building wall, at reasonable times, so that the mural can be painted and finished in a reasonable time period. Licensor further grants to the Licensee the right to preserve and maintain the mural and to take any reasonable action necessary to accomplish that objective. Licensee hereby agrees to preserve and maintain the mural at its own cost and to take any reasonable action necessary to accomplish that objective. Licensor agrees not to cover the mural with any object or use it in any way to advertise its business. Licensor. and Licensee further agree that this license is personal to the Licensee and that it may not be assigned without the express written consent of the Licensor. This license shall be binding on the Licensor, its successors and assigns. This License Agreement is terminable by either party at will by the giving of actual notice to the other party at least thirty (30) days prior to the termination of this Agreement. • Licensor and Licensee further agree that if this license is terminated by either party, then, the Licensee shall have the right to restore the outside building wall to its original condition that it was in prior to the mural being painted. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. Witness Licensor Witness Okeechobee Main Street, Inc. By: Witness ARTIST'S AGREEMENT Okeechobee Main Street, Inc AGREEMENT made this day of , 200 , between the Okeechobee Main Street, Inc. (hereinafter "the Purchaser") located at 1 I I NE 2nd Street, Okeechobee, FL 34972 (hereinafter "The Artist", located at: RECITALS The Purchaser is a non-profit organization organized for the purpose of beautifying the City of Okeechobee and surrounding area with the use of murals, paintings and related artistic creations. The Purchaser intends to purchase and the Artist intends to create a rendering and a mural or a work of art, (hereinafter "the Art Work") in accordance with specifications set forth by the Purchaser. NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties agree as follows: l . DESCRIPTION OF WORK. The Artist shall create the rendering and mural or related Art Work as more fully described in attachment "A" to this Agreement. 2. PRICE AND PAYMENT SCHEDULE. The Artist is to complete the rendering and Art Work, subject to the conditions herein, for a price of $ , payable as follows: a. $ shall be paid in advance to the Artist for the rendering upon execution of this agreement; and b. If all parties approve the rendering, then a written Notice to Proceed shall be issued by Purchaser and the balance of $ shall be paid when the Art Work is completed to the satisfaction of the Purchaser. 3. PURCHASER'S COVENANTS. The Purchaser shall provide or perform the following: a. The wall or other structure on which the Art Work shall be painted will be prepared by the Purchaser so that it is ready to paint by the Artist. This will include two coats of primer paint, tinted to the preference of the Artist; b. all paint for the Art Work will be provided to the Artist without charge; C. sufficient scaffolding for the height of the wall or other structure will be erected and walking planks provided by the Purchaser; 4. ARTIST'S COVENANTS. The Artist agrees as follows: a. to submit a full color rendering for consideration of the board of directors of the Purchaser, sponsor (s) of the mural, and the owner (s) of the building, no more than days from the execution of this Agreement; b. to complete the Art Work within days of receipt of written Notice to Proceed, subject to paragraph 5 herein; C. to submit a Notice of Approval to Purchaser, approving the quality and color of the paint as well as the application of the primer base coat; d. to supply his/her own paint brushes, sponges, rags, rulers, dishes and any other tools of the trade necessary to complete the Art Work; and, e. prior to using, to inspect daily the erection of, crossmembers and safety of the scaffolding and provide any modifications to the scaffolding deemed necessary, including but not limited to shade cloths and umbrellas. f In the event of damage to the Art Work or wall, the Artist agrees to allow the Purchaser to restore, by the Artist of Purchaser's choice, the Art Work to as close to the original condition as possible. • 0 5. DATE OF COMPLETION. The Artist agrees to complete the Art Work, no later than , 200 , subject to the conditions herein: a. completion of the Art Work shall be extended for such period of time as the Artist may be disabled by illness preventing progress of his/her work, subject to paragraph 6 of this Agreement; b. the completion date shall also be extended in the event of delays caused by events beyond the control of the Artist, including but not limited to fire, hurricanes, tornadoes, shortage of materials, and any act of God, subject to paragraph 6 of this Agreement. 6. TERMINATION. This Agreement may be terminated on the following conditions: a. The Purchaser shall have the right to terminate this Agreement if the Artist fails without cause to complete the Art Work within 30 days after the completion date in paragraph 5. In the event of termination pursuant to this subparagraph, the Artist shall return to the Purchaser all payments made pursuant to paragraph 2, but shall not be liable for any additional expenses, damages, or claims of any kind based on the failure to complete the Art Work; or, b. The Purchaser shall have the right to terminate this Agreement, if pursuant to paragraph 5, the illness of the Artist causes a delay of more than 60 days in the completion date or if events beyond the Artist's control causes a delay of more than 90 days in the completion date, provided, however, that the Artist shall return all payments made pursuant to paragraph 2. 7. OWNERSHIP. The Artist warrants and represents that the rendering and Art Work transferred by this Agreement have never heretofore been published or copied and that the Artist is the sole owner of all rights therein, including but not limited to the right to prevent the making and dissemination of copies, including post cards, T-shirts, posters, and related materials, and the right to obtain statutory copyright extending to him/her the exclusive right to manufacture and sell the above items and copies for a full statutory term and renewal thereof. The parties understand and agree that this sale of the rendering and Art Work to Purchaser includes an assignment of all the Artist's common law and statutory rights, and the Purchaser shall receive every legal protection that could be accorded to the Artist. The Artist further covenants to cooperate, in any action brought by the Purchaser to protect the rights herein conveyed. HOLD HARMLESS. The Artist agrees to indemnify and save the Purchaser harmless from any and all loss sustained by the Artist by reason of damage to the Purchaser's property or the property on which the Art Work is performed, and from any liability or expenses on account of property damage or personal injury, including death, resulting therefrom, sustained or alleged to have been sustained by any person or persons, including but not limited to employees of the Purchaser, the owner of the location on which the Art Work is to be painted or performed, the Artist and any subcontractor, arising out of or in any way connected with or attributable to the performance or nonperformance of the Art Work hereunder by the Artist, its subcontractors and their respective employees, agents, or by any act or remission of the Artist, its subcontractors and their respective employees and agents, while on the Purchaser's property or the premises on which the Art Work is being performed or completed, or by defects in material or equipment furnished hereunder. The Artist shall effect coverage by workman's compensation insurance in conformity with the laws of the state of Florida, and will carry such other insurance as may be necessary to insure against the risks above assumed by the Artist, and will submit evidence of same satisfactory to the Purchaser. 9. INDEPENDENT CONTRACTOR. The Artist shall be an independent contractor in rendering said services under this Agreement and shall be completely responsible for the selection, conduct, control and payment of all persons, if any, the Artist hires to assist him/her in doing said Art Work. 10. NOTICES. All notices shall be sent to the Purchaser at the following address: E Witness Witness Witness Witness 111 NE 2nd Street, Okeechobee, FL 34972 And to the Artist at the following address: 11. NO WAIVER. No waiver of full performance by either party shall be construed to or operated as a waiver of any subsequent default of any of the terms, covenants and conditions of this Agreement. 12. NO ASSIGNMENT OR TRANSFER. Neither party hereto shall have the right to assign or transfer this Agreement without written consent of the other party. 13. HEIRS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives. References to the Artist and the Purchaser shall include their heirs, successors, assigns and personal representatives. 14. SEVERABILITY. If any part of this Agreement is held to be illegal, void or unenforceable for any reason, such holding shall not effect the validity and enforceability of any other part. 15. ENTIRE AGREEMENT. This Agreement contains all of the covenants, promises, agreements, and conditions either oral or written, between the parties, and may not be charged or modified except in writing signed by the parties or their authorized representatives. 16. FEES AND COSTS. In the event a dispute arises as a result of this Agreement, the prevailing party (s) shall be entitled to attorney fees and other costs of litigation. IN WITNESS WHEREOF the parties have set their hands. By Artist: (name) Okeechobee Main Street, Inc. (date) 3 (name) (title) (date) EXtIIBIT 10 SEPTEMBER 7, 2005 MEMO To: Mayor, Council Members, and Administrator Whitehall From: Katrina Cook, General Services Coordinator Date: August 29, 2005 Subject: Reduction of Parking Request Steve Dobbs, Project Engineer for the Magic Mile Dairy Queen Expansion Project, is requesting a twenty percent reduction to the parking requirements. This reduction will allow him to meet the required number of parking spaces for the project. I've requested that Mr. Dobbs attend the meeting so that he could answer any questions that you may have. A copy of the Technical Review Committee Meeting Minutes are attached for your review. Please let me know if you need any additional information. Thank you. CITY OF OKEECHOBEE TECHNICAL REVIEW COMMITTEE MINUTES AUGUST 24, 2005 I. Call to Order - Chairperson. Technical Review Committee Meeting - Chairperson. 011. Chairperson and Staff Attendance - Chairperson. Voting Members: Joe Boyd, City Building Official Brian Whitehall, City Administrator Denny Davis, Police Chief Donnie Robertson, Public Works Director Herb Smith, Fire Chief Oscar Bermudez, City Engineer Non -Voting Ex-Officio Members: Eddie Trent, Okeechobee County Health Department Jim LaRue, LaRue Planning and Management Services John Cook, City Attorney • L.C. Fortner, Okeechobee Utility Authority Executive Director Katrina Cook, General Services Coordinator III. New Business. A. Magic Mile Dairy Queen Expansion, revised. The application was submitted by Steven Dobbs on behalf of the property owners Hubert and Rachel Phillips. The property owners are proposing a 932 square feet building expansion, including parking lot modifications, in one phase. The subject property is located at 1212 South Parrott Avenue. This Site Plan was previously considered at the July 26, 2005 Technical Review Committee Meeting. PAGE 1 OF 7 Jim LaRue, City Planning Consultant, called the August 24, 2005 Technical Review Committee meeting to order at 10:00 a.m. Each member stated their name and the organization that they are representing for the record. Absent Present Present Present Present Present Present Present Present Present Present Jim LaRue, City Planning Consultant, briefly described the Memo that he provided. Planning Staff Report Memo: On August 3, 2005, the applicants submitted revisions to the Site Plan for the Magic Mile Dairy Queen. Staff offers the following comments: (1.) It appears that the applicants have reduced the building footprint from 3,450 square feet to approximately 3,069 square feet. This reduction would require the applicant to provide 41 parking spaces. If the applicant applies for a 20% reduction, then 33 spaces would be required and the 35 spaces provided will suffice. Only when the reduction is approved by the City Council can the proposed parking be satisfactory. Still, the one parking space located in the front of the building which will require backing out into the 0 Page 1 of 1 Brian Whitehall From: "Brian Whitehall" <bwhitehall@cityofokeechobee.com> To: "Mayor Kirk" <jimkirk@adelphia.net> Cc: "Noel Chandler" <captchandler2002@yahoo.com>; "Dowling Watford" <dowlingwatford@okeechobeeford.com>; "Lydia Williams" <Ijwilliams@mainstreetokeechobee.com>; "Lowry Markham" <lowrymarkham @earthlink. net>; "John Cook" <johncook@cityofokeechobee.com> Sent: es eptember 07, 2005 2:20 PM Subje Brantley As expected, t ere has been much discussion about the lack of progress on rectifying the Brantley nuisance property. As you know, 8/26/05 was the deadline imposed in the Judgment. The following Monday or Tuesday, John and I discussed the matter and John relayed to the Brantley's that he was to prepare the Affidavit as described in said Judgment, the first step toward the writ of sequestration. I have talked to a couple of you and have been asked to have consideration on tonight's agenda to confirm that the appropriate measures are being taken to address the situation. If you have input please advise Brian Whitehall, Administrator City of Okeechobee 55 SE 3rd Avenue Okeechobee FL 34974-2932 ph-863-763-3372 fax-863-763-1686 Page 1 of 1 Brian Whitehall From: "Brian Whitehall"<bwhitehall@cityofokeechobee.com> To: "Mayor Kirk" <jimkirk@adelphia.net>; "Noel Chandler" <captchandler2002@yahoo.com>; "Dowling Watford"<dowlingwatford@okeechobeeford.com>; "Lydia Williams" <Ijwilliams@mainstreetokeechobee.com>; "Lowry Markham" <lowrymarkham@earthlink. net> Cc: "John Cook"<johncook@cityofokeechobee.com>; "Lane Gamiotea" <Iamiotea itya#elcees com>; "Katrina Cook" <kcook@cityofokeechobee.com> Sent: I-Wedn sday, September 07, 200 3 PM Subject- Request for proposals Bldg Official I have advise our desire to seek improved service from our Building Official firm. With that tho't in mind I would like to, at this late date, add to the agenda, with your approval, to seek requests for proposals for that service. The effort may be futile, but I would like to see what alternatives there are in the market Depending on the responses, I would plan to have alternatives to present at the October 4th meeting. Brian Whitehall, Administrator City of Okeechobee 55 SE 3rd Avenue Okeechobee FL 34974-2932 ph-863-763-3372 fax-863-763-1686 6 u FORM 86 MEMORANDUM OF VOTING CONFLICT FOR COUNTY. MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME -MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE i(/IQ MAILI VA DR� a 34d THE H D, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: CITY COUNTY CVCITY ❑COUNTY ❑OTHER LOCAL AGENCY NAM OF POLITICAL SUBDIVISION: DATES ON WHICH VOTE OCCURRED MY POST ION IS: /\ qv i-Wo m Ao 1- -I. V ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 86 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 813 - EFF. 1/2000 PAGE 1 0 6 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for ing themeeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to ordt�hhe other m m'bers oof the f the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Ih-VC�II/3 � �6/1H I, i�/i/�/Fr•S hereby disclose that on � ,20/Z-: (a) A measure came or will come before my agency which (check one) , inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, /) K .L inured to the special gain or loss of 0P0 hA /-Na0 A whom 1 am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Filed- — d — --- Signa#'La' by which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, RED CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, UCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE