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2006-11-07 Regular Meeting1 653 CITY OF OKEECHOBEE NOVEMBER 7, 2006 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: November 7, 2006 Regular City Council Meeting, 2:00 p.m. II. OPENING CEREMONIES: Invocation by Reverend Al Jaquith, First Baptist Church of Basinger; Pledge of Allegiance led by Mayor. Ill. 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. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present a Plaque to Council Member Noel A. Chandler. PAGE 1 OF 15 Mayor Kirk called the November 7, 2006 Regular City Council Meeting to order at 2:00 p.m. The invocation was offered by Reverend Al Jaquith of the First Baptist Church of Basinger; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Absent Absent Present Present Present Present (entered the Chambers at 2:07 p.m.) Present Mayor Kirk presented to Council Member Noel Chandler a plaque with a key representing the City and honoring his years of service on the City Council, from January 3, 1995 to November 21, 2006. Council Member Chandler expressed thanks and gratitude to the Council and the citizens of Okeechobee for allowing him the honor to sere the City. His term as County Commissioner will begin November 21, 2006. 654 NOVEMBER 7, 2006 - REGULAR MEETING - PAGE 2 OF 15 IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. B. Proclaim November 17 - 23, 2006 as "Farm City Week." V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the October 17, 2006 Regular Meeting. Mayor Kirk read the following Proclamation in its entirety as follows: "WHEREAS, American farmers and ranchers literally help feed the world by producing a bounty of agricultural products. To do this, they rely on essential partnerships with urban and suburban communities to supply, sell and deliver finished products across the country and around the globe. Rural and urban communities working together have made the most of our nation's rich agricultural resources as they contribute to the health and well being of our country and to the strength of our economy, and WHEREAS, during National Farm -City Week, we recognize the importance of this cooperative network Agriculture employs more than 24 million workers, including farmers and ranchers, shippers, processors, marketers, retailers, truck drivers, inspectors and others who annually contribute more than $1.3 trillion to our gross domestic product The agriculture industry provides us with food and clothing, as well as fuel for our energy needs. And as we welcome new opportunities for trade, the hard work and successful cooperation between farmers and city workers will continue to play a vital role in our nation's future; and WHEREAS, Farm -City collaborations help maintain and improve our food and fiber supply and contribute to a better quality of life for countless citizens. We commend the many Americans whose hard work and ingenuity reflect the true spirit of America and help to ensure a prosperous future for all, and WHEREAS, as we gather with family and friends around the Thanksgiving table, it is fitting that we count among our blessings the vital Farm -City partnerships that have done so much to improve the quality of our lives, and NOW, THEREFORE, l James E. Kirk, Mayor of the City of Okeechobee, by virtue of the authority vested in me, do hereby proclaim November 17-23, 2006 as "Farm -City Week." 1 call upon citizens in rural and urban areas to acknowledge and celebrate the achievements of all those who, working together, produce and supply our community and nation with an abundance of agricultural products. Hank Rucks, President of Farm Bureau, thanked the Council for their support and distributed bags of produce to each Council Member. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the October 17, 2006 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. NOVEMBER 7, 2006 - REGULAR MEETING - PAGE 3 OF 15655 VI. WARRANT REGISTER - City Administrator. A. Motion to approve the September 2006 Warrant Register: Council Member Watford moved to approve the September 2006 Warrant Register in the amounts: Industrial Development Fund, six hundred forty-five thousand, four hundred ninety dollars and seventy-seven cents Industrial Development Fund .................... $645,490.77 ($645,490.77); General Fund, three hundred sixty-six thousand, eight hundred fifteen dollars and thirty-one cents General Fund ................................ $366,815.31 ($366,815.31); Community Development Block Grant Fund, thirty-four thousand, six hundred eighteen dollars and forty CDBG Fund ................................. $ 34,618.40 cents ($34,618.40); Public Facilities Improvement Fund, one thousand sixty-seven dollars and eighty-seven cents Public Facilities Fund .......................... $ 1,067.87 ($1,067.87); seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Vil. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. New Business Item "U' Teen Center was added and New Business Item 'M" Temporary Street Closing was added. Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 2:10 P.M. A.1. a) Motion to read by title only and adopt proposed Ordinance No. 961 Council Member Watford moved to read by title only, and adopt proposed Ordinance No. 961 regarding Future Land regarding Future Land Use Map Amendment Application No. 06- Use Map Amendment Application No. 06-012-SSA, Frank Altobello, property owner; seconded by Council Member 012-SSA, Frank Altobello, property owner - City Planning Williams. Consultant (Exhibit 1). b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED, c) City Attorney to read proposed Ordinance No. 961 by title only. Mayor Kirk read proposed Ordinance No. 961 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITYOFOKEECHOBEECOMPREHENSIVE PLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMIL Y (SF) TO MULTI-FAMIL Y (MF); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FOR AN EFFECTIVE DATE." 656 NOVEMBER 7, 2006 - REGULAR MEETING - PAGE 4 OF 15 Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. a) Motion to adopt Ordinance No. 961. 111 Council Member Markham moved to adopt proposed Ordinance No. 961; seconded by Council Member Chandler. b) Public comments and discussion. The subject vacant property is located between Southwest 2"d and 6`h Streets and is approximately 9.89 acres. The applicant is requesting to change the Future Land Use designation from SF to MF. The application was submitted by the property owner Frank Altobello, Trustee. The application was reviewed by the Planning Board at their October 19, 2006 meeting, they unanimously recommended approval. The Planning Staff is recommending denial based on the following findings: A. Comprehensive Plan Analysis: As proposed, the applicant's request is not consistent with the Multi -Family Land Use category as intended in the Future land Use Element of the City's comprehensive Plan. This is a location with inadequate traffic flow capability. The traffic impacts and potential incompatibility to other Single Family uses have not been appropriately recognized. B. Concurrency of Adequate Public Facilities: Water is available to the subject property but sewer availability has not been confirmed. Impacts to traffic and schools have not been assessed. C. Compatibility with Adjacent and Nearby Land Uses: The proposed change in Future Land Use may accelerate too much residential growth in a location not suitable for such impacts, especially from a traffic standpoint. D. Compliance with Specific Standards of the Plan: The City's Comprehensive Plan Goals, Objectives and Policies, as they are intended, do not support a change to Multi -Family residential use at this time. Nearby vacant Multi -Family lands should be absorbed prior to further expansion of apartments at this location. Upon further review and discussion at the October 19, 2006 Planning Board meeting, Mr. LaRue concluded that this application could be allowed. However, the Rezoning Petition No. 06-010-R, to be discussed later, would need to be changed to request Planned Unit Development (PUD), rather than Residential Multiple Family (RMF). Mr. Eric Engstrom, Chief Financial Officer of Royal Professional Builders, on behalf of Mr. Wally Sanger, owner of RoyalConcreteConcepts was present. Mr. Sanger is in the process of developing a concrete manufacturing plant on Highway 98, which is estimated to bring 1200 jobs to this area. The company anticipates the opening of the plant to be in the second quarter of 2007. The housing development being proposed is intended for the plants workforce but will be available to the public. Mr. Jeff Sumner, LBFH Engineering, stated that the traffic study is anticipated to be completed by the December 5h City Council meeting, and that the developer is committed to do whatever is necessary to proceed forward. Mayor Kirk asked whether there were any questions or concerns from the public. Mr. Keith Walpole and Mr. Al Huggins strongly voiced their objections to the land use change, based on its impact to the area. NOVEMBER 7, 2006 - REGULAR MEETING - PAGE 5 OF 15657 D 1 Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion continued. Council Member Watford asked whether Mr. LaRue had a better comfort level of the project now that the representatives have stated that they would agree to the PUD zoning; the completion of a full traffic impact analysis consisting of the entire project (2 multiple family parcels and 1 single family parcel); will be submitting by December 5, documentation in the form of a developers agreement with the OUA for wastewater capacity, water is not needed; will submit written documentation and has committed to work with the school board regarding the impacts; and finally, also submitted preliminary sketches of the entire project. Mr. LaRue responded it helps a little. The main area of concern is still whether or not the City already has enough Multiple Family Land Use designations. Council Member Watford noted his concern being the size and type of project within the area. Over a year ago the nine acres to the East was changed to Multiple Family and seems that this will have to be changed as well, since the developer can meet all necessary requirements. Mayor Kirk, Council Members Chandler and Markham noted that most of their concerns fall under the rezoning petition of the property. City Clerk Gamiotea requested the Council amend a paragraph which referenced the Land Planning Agency rather than the Planning Board. Council Member Watford moved to amend proposed Ordinance No. 96.1 to change the fourth paragraph wording referencing the Land Planning Agency to the Planing Board; seconded by Council Member Markham. VOTE TO AMEND KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED TO AMEND. c) Vote on motion. VOTE AS AMENDED KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED AS AMENDED. CLOSE PUBLIC HEARING. III MAYOR KIRK CLOSED THE PUBLIC HEARING AT 2:50 P.M. A.1. a) Motion to read by title only and set December 5, 2006 as a final Council Member Watford moved to read by title only, and set December 5, 2006 as a final public hearing date for public hearing date for proposed Ordinance No. 962, amending the proposed Ordinance No. 962, amending the Land Development Regulations; seconded by Council Member Williams. Land Development Regulations - City Planning Consultant (Exhibit 2). NOVEMBER 7, 2006 - REGULAR MEETING - PAGE 6 OF 15 IX. NEW BUSINESS. A.1. b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 962 by title only. Mayor Kirk read proposed Ordinance No. 962 by title only as follows: "AN ORDINANCE OF THE CITY OFI OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLYARTICLE111, DIVISION 8, SECTION 90-253 SPECIAL EXCEPTION USES, AND SECTION 90-512 SPACE REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 962. III Council Member Markham moved to approve the first reading of proposed Ordinance No. 962; seconded by Council Member Chandler. b) Discussion. The Planning Board and Planning Staff recommends approval of the amendment, as discussed at the October 19, 2006 meeting. The language will amend Section 90-253 Special Exception Uses and Section 90-512 Space Regulations as follows: the limitations of bedrooms and the square footage for one dwelling unit per commercial building was deleted (Section 90-253 (15)); Commercial Uses, added customer service area for restaurant and nightclubs (Section 90-512(2)); Institutional Uses, required parking for commercial uses was added (Section 90- 512(4)). Mr. LaRue wanted the Council to understand that this will lessen parking requirements, to keep this in mind when future requests for parking reductions are considered. Council Member Williams asked the Department Heads whether they had any issues or concerns, in which they replied there were none. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFOHD - YEA MOTION CARRIED. B.1. a) Motion to read by title only and set December 5, 2006 as a final Council Member Watford moved to read by title only, and set December 5, 2006 as a final public hearing date for public hearing date for proposed Ordinance No. 963 regarding proposed Ordinance No. 963 regarding Rezoning Petition No. 06-010-R, submitted by Frank Altobello; seconded by Rezoning Petition No. 06-010-R, submitted by Frank Altobello - City III Council Member Williams. Planning Consultant (Exhibit 3). NOVEMBER 7, 2006 - REGULAR MEETING - PAGE 7 OF 15 659 G 1 IX. NEW BUSINESS CONTINUED. B.1. b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 963 by title only. Mayor Kirk read proposed Ordinance No. 963 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING (H) TO PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING 11 FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 963. III Council Member Markham moved to approve the first reading of proposed Ordinance No. 963; seconded by Council Member Chandler. b) Discussion. The Ordinance is regarding Rezoning Application No. 06-010-R, submitted by property owner Frank Altobello, Trustee. Initially, the application was to change the zoning designation from Holding (H) to Residential Multiple Family (RMF) for vacant property located between Southwest 2"d and 61h Streets, City of Okeechobee Subdivision, and is approximately 9.89 acre(s). As discussed during the Public Hearing for Future Land Use Map Amendment, Application 11 No. 06-012-SSA, the request is now for Planned Unit Development (PUD). Mr. LaRue, briefly reviewed the following Planning Staff Report recommending denial, unless the Future Land Use is changed, then staff recommends Planned Unit Development (PUD). The use as proposed, would be inconsistent with the Future Land Use Element of the City's Comprehensive Plan. 2. The RMF Zoning District allows a variety of uses, including multi -family housing, however, the subject property would seem to be more consistent with Comprehensive Plan policies by remaining in the Single -Family Future Land Use category classification and have development limited to Single -Family residences. 3. The existing neighborhood seems to reflect a low level of residential intensity especially to the West of this property. Residential Multi -Family dwellings especially on the western side of this property would be inconsistent with the existing pattern of the neighborhood. This area, should it be allowed to be changed to Multi -Family, could cause more rezonings in this single-family area, resulting in an adverse effect on the public interest. 4. The use is not appropriate for the location until the applicant submits a traffic analysis of the impacts from the subject property and the adjacent property which was amended and rezoned last year. It is also not known what the drainage impacts would be should this area be intensified to Multi -Family. Previously, it was thought that this parcel would be combined with the area to the East, now it seems to be a stand alone project. 5. The proposed use could adversely affect living conditions of the adjacent properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. 660 NOVEMBER 7, 2006 - REGULAR MEETING - PAGE 8 OF 15 IX. NEW BUSINESS CONTINUED. B. 2. b) Discussion continued. Should it be granted, buffering would be determined during the site plan review phase. 7. The proposed application, should it be granted, could overburden water, sewer, schools, and streets unless the impacts are fully planned for. 8. Traffic congestion could be a problem should rezonings of this size and intensity be allowed to continue. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. 10. The proposed change could constitute a grant of special privilege should it be approved without full analysis. The Planning Board voted unanimously at the October 19, 2006 meeting to recommend approval, based on the discussions with the representatives of the development. Mr. LaRue explained that by changing to a PUD Zoning, the next step for the project, according to Code Book Section. 90-401(C) is: A conceptual site plan of the proposed development shall be submitted and approved prior to a change in zone to either a single-family or a multi -family residential PUD zoning district, subject to the regulations of this division. Mayor Kirk asked whether there were any questions or comments from the public. Mr. Climaco Cardenas, Royal Architect and Design of Urban Designer Planning presented the overview of the site and explained that the structure of these homes were not modular mobile homes but a sound structure made of solid block. This plan is not to be implemented as an employee camp, but as an urban development within the community. We want to provide quality of life. Mr. Engstrom, stated that while they cannot guarantee that there will be no leaks within the structure, they have letters from pleased occupants from which they have built hundreds of units for schools and the military. They will have a ten year structural warranty with a one year touch-up warranty. The homes are built by licensed engineers from the State and have the availability of insurance discounts due to their sound structure. Palm Village Ranch of Okeechobee was our first attempt with this kind of structural home and since then we have refined some issues. Mr. Keith Walpole, surrounding property owner, strongly voiced his objection. He used the metaphor, when it looks, walks, and acts like a duck then most probably it is a duck, to express that this project is a work camp. Mrs. Libby Maxwell, surrounding property owner, voiced her objection of the proposed development looking like barracks, and was concerned that the neighborhood would be less desirable should this be allowed. She chose to build her home in the Southwest section since it was a desirable area, designated as Single Family and close to schools. She was disgusted with the idea of the area being changed to Multiple Family, due to its impact of the schools and what will be allowed next? NOVEMBER 7, 2006 - REGULAR MEETING - PAGE 9 OF 15 661 E IX. NEW BUSINESS CONTINUED. B. 2. b) Discussion continued. c) Vote on motion. Mr. Allen Nelson, surrounding property owner, voiced his objection. He recommended that Council go and look at the homes in Palm Village Ranch, since this project will have the same manufactured home, in that they have had a lot of problems with leaks and mold. We need to look at how these homes are built so that in ten years we will not be stuck with homes that cannot be occupied, also they do not follow the same inspection process as a home. How will our City Inspector know what has been done unless we have an inspector on site? Another concern is that they have stated they will be offering discounts to the employees but not to the public. We do need multi -family housing, but we need to look closely at this project. Mr. Robert Meyers of Old Tyme Construction, stated this is a dilemma with good and bad points. These are nice homes, aesthetically pleasing to the eye rather than the trailers that are seen all over Okeechobee. Water leaks happen in all types of homes. Make sure product is acceptable, and not stop progress due to homes that were built years ago. Mr. Brad Lundy, approached the Council and suggested they set the final public hearing date for a later date to give all involved the chance to make a good and sound decision and to consider all the available options. The consensus of the Council along with Mayor Kirk was that this was a very difficult decision and that there were too many unanswered questions. Mayor Kirk stated he would like information in regards to traffic studies, drainage, and school concurrency by the final hearing, all these will be addressed during the Technical Review Committee meeting. Council Member Watford moved to amend the previously adopted motion regarding the public hearing date to be changed from December 5, 2006 until February 6.2007 to give sufficient time for the Technical Review Committee Meeting as noted above; seconded by Council Member Williams. KIRK - YEA CHANDLER - YEA KIRK - YEA CHANDLER - YEA MARKHAM-YEA WATFORD - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. WILLIAMS - YEA MOTION CARRIED. 662 NOVEMBER 7, 2006 - REGULAR MEETING - PAGE 10 OF 15 IX. NEW BUSINESS CONTINUED. C. Motion to approve a service agreement with Mathers Engineering Council Member Chandler moved to award a Service Agreement to Mathers Engineering Corporation, not to exceed Corporation regarding General Drainage Overview in connection two thousand five hundred dollars ($2,500.00), regarding General Drainage Overview in connection with the Master with the Master Drainage Plan of South Florida Water Management Drainage Plan of South Florida Water Management District (SFWMD); seconded by Council Member Williams. District (SFWMD) - Oscar Bermudez, City Engineer (Exhibit 4). 11 City Engineer Bermudez reviewed that the City does not have the means to conduct a Master Comprehensive Stormwater Plan. The City is at the mercy of the County and SFWMD, even though the project started approximately six months ago, there has been no recourse from the County or SFWMD. Mr. Bill Mathers will be assisting Mr. Bermudez by the collection and investigation of background data; the preliminary analysis of the City's drainage as it relates to the SFWMD Master Drainage Plan; and an oral presentation to the City Council in regards to the SFWMD Master Drainage Plan and how the City should proceed with the local and state agencies in this process. Mr. Mathers will receive payment upon completion of the work and presentation to the Council. KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. D. Consider Alley Closing Application No. 83 for the North to South Alley Closing Application No. 83 was submitted by Bradley Goodbread, on behalf of property owner George A. Alleyway located in Block 206, submitted by Brad Goodbread - City Goodbread. The purpose of the ordinance is to close the North to South alleyway located directly West of Block 206, Clerk (Exhibit 5). between Lots 4 to 5 within the First Addition to Okeechobee. No easements are being requested by the utility companies. The only City Staff objection was by the City Engineer. The property is proposed to be used for development. Mr. Goodbread submitted a copy of the deed whereby he purchased a parcel of land on September 25, 2002, located between Blocks 172 and 206. The deed is from the Frieda E. Hamrick Estate and includes the legal description of a North to South alleyway located within the South -end of the block. Attorney Cook advised that Mr. Goodbread would still need to submit an application and obtain the signatures of all the utility companies. In an effort to expedite the process, since Mr. Goodbread has been paying taxes on the alleyway, an Ordinance was presented for first reading. Council Member Watford moved to read by title only and set December 5, 2006 as a Final Public Hearing date for proposed Ordinance No. 964 regarding Alley Closing Application No. 83, seconded by Council Member Chandler. 1 NOVEMBER 7, 2006 - REGULAR MEETING - PAGE 11 OF 15663 r 1 1 IX. NEW BUSINESS CONTINUED. D. Alley Closing Application No. 83 for the North to South Alleyway VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA located in Block 206, submitted by Brad Goodbread continued. CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Mayor Kirk read proposed Ordinance No. 964 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THEALLEYS OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK206, FIRST ADDITION TO OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 11, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." Council Member Watford moved to approve the first reading of proposed Ordinance No. 964; seconded by Council Member Williams. There was no further discussion. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. E. Consider processing a partial alley closing located in the 100 Block Mr. Bradley Goodbread requested the City Council authorize the City Clerk to accept a partial alley closing application of the South side of SW 21 "Street - Brad Goodbread (Exhibit 6). or accept the application without the other property owners' signature. Mr. Goodbread owns Lots 1 through 4, 7 and 10 of Block 46, First Addition to South Okeechobee Subdivision and all of Block 1, Royal Oaks Subdivision. Mr. Sizemore owns Lots 8 and 9 of Block 46, First Addition to South Okeechobee Subdivision. These two blocks flow together to create one large long area. Mr. Sizemore was present and informed the Council that he would not be willing to sign the consent form to allow Mr. Goodbread to vacate the alleyway and that he objects to the alley being closed. Mayor Kirk stated that it is standard procedure to have all required property owners sign a consent to the closing. Following a brief discussion, Mayor Kirk instructed Administrator Whitehall to meet with Mr. Goodbread and Mr. Sizemore to determine whether a compromise could be negotiated. The matter is postponed until the December 5, 2006 meeting. 664 NOVEMBER 7, 2006 - REGULAR MEETING - PAGE 12 OF 15 IX. NEW BUSINESS CONTINUED. F. Consider not requiring off-street parking at 701 NE Park Street - An application was submitted by Tom Murphy on behalf of property owners David and Anita Nunez, requesting to Tom Murphy (Exhibit 7). continue the use of a Commercial Office building which, historically, had no on -site parking available. The property is located at 701 Northeast Park Street, has fifteen regular parking spaces and one handicap for a total of sixteen spaces available. The property owners are requesting not to have to add the two additional on -site parking spaces as required by the Land Development Code. They believe the additional spaces are not necessary since the occupants only use the office for five hours a week and there is always plenty of parking. Following a brief discussion, Mayor Kirk stated, should there be a change in use or there be any development of the building, the owners will be required to provide the additional parking and that this parking approval is just for this use only. Mr. Murphy responded that he understands the requirements. Mr. Joey Hoover remarked that the Council needs to be careful and consistent with these types of parking exceptions as others have been held to comply with the regulations. Council noted the unique situation of this property is what is allowing this exception. Council Member Chandler moved to not require off-street parking for 701 North Park Street, East, for the existing business only; seconded by Council Member Markham. KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. G. Update on Commerce Center project - Travis Chambers. Mr. Travis Chambers thanked the Council for this opportunity, he distributed and briefly reviewed the preliminary site plan of Lot 20, located at the Commerce Center for Adron Fencing. Council gave their consent for Mr. Chambers to proceed with the Mans as presented to Technical Review Committee. H. Discussion pertaining to Lots 4 and 5 of the Commerce Center - Mr. Robert Meyers of Old Tyme Construction reviewed the progress of Entegra located at the Commerce Center. Robert Meyer (Exhibit 8). Currently there are ninety-eight employees at the factory. Phase II is progressing and after -completion will employ approximately fifty to sixty employees which will bring the projection of 175 employees within five years to be achieved within two years. Mr. Meyers requested the need for the City to move forward faster with the infrastructure, as it was 11 now holding up his project. Mayor Kirk directed Mr. Meyers to contact Administrator Whitehall and should it be necessary, set up a workshop between the Council, the Administrator and Mr. Meyers. NOVEMBER 7, 2006 - REGULAR MEETING - PAGE 13 OF 15 665 IX. NEW BUSINESS CONTINUED. I. Motion to approve the dealership bid for the 2007 police vehicles - Chief Davis (Exhibit 9). J. Motion to approve the financing bid for the 2007 police vehicles - Chief Davis (Exhibit 10). K. Discussion pertaining to the billboard policy - City Attorney. Council Member Williams moved to award a bid to Okeechobee Motor Company for twenty-four police cars in the amount of nineteen thousand, three hundred fifty-nine dollars ($19,359.00) per car for the 2007 Police Vehicles; seconded by Council Member Chandler. The bids submitted were by Okeechobee Motor Company in the amount of nineteen thousand three fifty nine dollars ($19,359.00) per car and Ford Lincoln Mercury of Sebring in the amount of nineteen thousand seven hundred six and fifteen cents ($19,706.15) per car. There were no bids submitted by Velde Ford or Sunrise Ford. Council Member Watford stated that he would be abstaining from voting due to his employment with Okeechobee Motor Company. KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - ABSTAINED* MOTION CARRIED. Council Member Chandler moved to award the Financing Bid to Popular Leasing in the amount of twenty thousand dollars ($20,000.00) for the 2007 Police Vehicles; seconded by Council Member Williams The bids submitted were by Popular Leasing USA in the amount of twenty thousand ($20,000.00) per car and Sun Trust in the amount of twenty two thousand dollars ($22,000.00) per car. There were no bids submitted by Seacoast National Bank or Nations Bank Leasing Corporation. Council Member Watford stated that he would be abstaining from voting due to his employment with Okeechobee Motor Company. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - ABSTAINED* MOTION CARRIED. Attorney Cook was not present to provide a thorough explanation to the Council regarding a request to adopt proposed Resolution No. 06-10. Council Member Watford moved to adopt proposed Resolution No. 06-10 pertaining to the billboard policy; seconded by Council Member Markham. NOVEMBER 7, 2006 - REGULAR MEETING - PAGE 14 OF 15 IX. NEW BUSINESS CONTINUED. K. Discussion pertaining to the billboard policy continued. Mayor Kirk read by title only proposed Resolution No. 06-10 as follows: "A RESOLUTION OF THE CITY OFI OKEECHOBEE, FLORIDA, TEMPORARILY SUSPENDING THE APPLICATION OF SECTION 90-561, DIVISION 5, SIGNS, AS IT PERTAINS TO THE PERMITTING AND ERECTION OF SIGNS DEEMED TO BE BILLBOARD SIGNS; PROVIDING FOR TIME CERTAIN AMENDMENT OF THE CITY'S SIGN ORDINANCE; PROVIDING FOR ENACTMENT OF DEFT NIT►VE STANDARDS FOR THE PLACEMENT, DES/ GN AND ERECTION OF SUCH SIGNS; PROVIDING AN EFFECTIVE DATE." VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. ITEM ADDED TO AGENDA: L. Discuss the Teen Center/Skateboard Park Mayor Kirk informed the Council that the County plans to build administrative offices where the skate board park is Mayor Kirk. currently located and where a teen center was proposed to be built. In December of 2003 the City adopted Ordinance No. 847 to close a portion of Northwest 3`d Street between 61h and 71h Avenues and alleyways located in Blocks 128 and 135 for future and existing recreational facilities. The Council continues to support the Skateboard Park and Teen 11 Center within these blocks. The concensus of the Council was to have Administrator Whitehall compose a letter to be sent to the County Commissioners regarding the Councils concerns and present it to the Mayor for approval and signature. ITEM ADDED TO AGENDA: M. Motion to approve a Temporary Street Council Member Markham moved to approve a Temporary Street Closing for Northwest 3`d Avenue between 2"d and Closing for Northwest 3`d Avenue between 2"d and 3`d Streets for safety and 3`d Streets for safety and traffic controls during all primary, general and special elections and that the Police traffic controls during the Election, beginning at 6:30 p.m. until necessary, Department will coordinate the street closings; seconded by Council Member Chandler. requesting this be a standard approval for all primary, general and special elections. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. NOVEMBER 7, 2006 - REGULAR MEETING - PAGE 15 OF 15 667 L 1 X. 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. " Cr ATTEST: James E. Kirk, Mayor Lane Gamiotea, , City Clerk THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 5:30 P.M. The next regularly scheduled meeting is December 5, 2006, 6:00 p.m.. *Council Member Watford's Form 813 Memorandum of Voting Conflict for Municipal Public Officers was completed and filed in the Office of the CityVerk. AFFIDAVIT OF PUBLISHER 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 Citv Council Change of Meeting Notice PO #013325 in the matter of Cit of Okeechobee Cit of Okeechobee 55 SE Third Avenue Okeechobee FL 34974-2932 Court, In the was published in said newspaper in the issues of 11/02/2006 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. James A. Huoes, Jr., (Publisher) } v Sworn to and subscribed before me this ���. day of �'J� r'-i A.D. 2006 ll (SEAL) - Notary Public Kosealee A. Brenr _° ..�Y.pb`y4 --= Commission #DD318, h: z) Q = Expires: Jun 25, 2( 0 - 4rF o i Foe; Bonded Thnf Atlantic Bonding Co., CITY COUNCIL CHANGE OF MEETING NOTICE NOTICE ISHEREBYGIVEN that the City ouncil of the City of Okeechobee w ill meet in egular Session on Tuesday, November 7, 006, changing the time from 6:00 p.m. to 2:00 .m. at City Hall, 55 SE 3rd Ave, Rm 200, Jkeechobee, Florida- The public is invited and ncouraged to attend. Far a copy of the agenda ontnct City Administration at (863) 763-3372 212. PLEASE TAKE NOTICE AND BE 4DVISED that if any person desires to appeal my decision made by the City Council with -espect to any matter considered at this meeting. 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 - Tapes are used for the sole purpose of back-up for the Clerk's Office. in accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Lane Gamiotea, no later than two (2) working days prior to the proceeding at 863-763-3372 x 214; if you are hearing or voice impaired, call TDD 1-800-222-3448 (voice) or 1-888-447-5620 CrrY) by: James E. Kirk, Mayor Lane Gann -tea, CMC, City Clerk Publish 1 V02f2006 Okeechobee Ttmes AFFIDAVIT OF PUBLISHER 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 City Council Change of Meeting Notice PO #013325 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 11/02/2006 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. James A. Hu ', es, Jr., (Publisher) Sworn to and subscribed before me this i- Xday of A.D. 2006 (SEAL) Notary Public bsealee A. Brennan Commission #DD318483 Expires: Jun 25, 2008 Bonded That Atlantic Bonding Co., Inc. ---- -------------------------------------- CITY COUNCIL CHANGE OF MEETING NOTICE NOTICE IS HEREBY GIVEN that the City Council of the City of Okeechobee will meet in Regular Session on Tuesday, November 7, 2006, changing the time from 6:00 p.m. to 2:00 p.m. at 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 x 212. 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 meeting, 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. Tapes are used for the sole purpose of back-up for the Clerk's Office. In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Lane Gamiotea, no later than two (2) working days prior to the proceeding at 863-763-3372 x 214; if you are hearing or voice impaired, call TDD 1-800-222-3448 (voice) or 1-888.447-5620 (TTY). by: James E. Kirk, Mayor Lane Gamiotea, CIVIC, City Clerk Publish: I I102f2006 Okeechobee Times Page -1- CITY OF OKEECHOBEE - November 7, 2006 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES CALL TO ORDER - Mayor: Kirk, November 7, 2006, City Council Regular Meeting 2.00 p.m. II. OPENING CEREMONIES: Invocation given by Reverend Al Jaquith of the First Baptist Church: Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson X X X X X X X X X X X entered at 2:07 X IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Mayor Kirk presented Council Member Noel Chandler a plaque with a key representing the City and honoring his years of service on the City Council, from January 3, 1995 to November 21, 2006. Thanked council for plaque, been a great 15 years, my dad was also on the council for 15 years, says a lot and means a lot to me. Noel begins his term as a county commissioner on November 21, 2006. B. Proclaim November 17 - 23, 2006 as "Farm City Week". Mayor Kirk read the proclamation in its entirety as follows: WHEREAS, American farmers and ranchers literally help feed the world by producing a bounty of agricultural products. To do this, they rely on essential partnerships with urban and suburban communities to supply, sell and deliver finished products across the country and around the globe. Rural and urban communities working together have made the most of our nation's rich agricultural resources as they contribute to the health and well being of our country and to the strength of our economy, and WHEREAS, during National Farm -City Week, we recognize the importance of this cooperative network. Agriculture employs more than 24 million workers, including farmers and ranchers, shippers, processors, marketers, retailers, truck drivers, inspectors and others who annually contribute more than $1.3 trillion to our gross domestic product The agriculture industry provides us with food and clothing, as well as fuel for our energy needs. And as we welcome new opportunities for trade, the hard work and successful cooperation between farmers and city workers will continue to playa vital role in ournation's future; and WHEREAS, Farm -City collaborations help maintain and improve our food and fiber supply and contribute to a better quality of life for countless citizens. We commend the manyAmericans whose hard workand ingenuity reflect the true spirit of America and help to ensure a prosperous future for all, and WHEREAS, as we gather with family and friends around the Thanksgiving table, it is fitting that we count among our blessings the vital Farm -City partnerships that have done so much to improve the quality of our lives, and NOW, THEREFORE, 1 James E. Kirk, Mayor of the City of Okeechobee, by virtue of the authority vested in me, do hereby proclaim November 17-23, 2006 as "Farm -City Week." I call upon citizens in rural and urban areas to acknowledge and celebrate the achievements of all those who, working together, produce and supply our community and nation with an abundance of Page -2- agricultural products. Hank Rucks, President of Farm Bureau, thanked council for support every year - brought bags of corn for each. V. MINUTES - City Clerk. A. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the October 17, 2006 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. VI. WARRANT REGISTER - Mayor. A. Council Member Watford moved to approve the September 2006 Warrant Register in the amounts: Industrial Development Fund, six hundred forty-five thousand, four hundred ninety dollars and seventy-seven cents ($645,490.77); General Fund, three hundred sixty-six thousand, eight hundred fifteen dollars and thirty-one cents ($366,815.31); CDBG Fund , thirty-four thousand, six hundred eighteen dollars and forty cents ($34,618.40); Public Facilities Fund, one thousand sixty-seven dollars and eighty-seven cents ($1,067.87); seconded by Council Member Markham. There was no discussion on this item. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda.. Add L new business discuss teen skate park - Add M - temp st closing. Vill. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 2:10 P.M. A.1. a) Council Member Watford moved to read by title only and adopt proposed Ordinance No. 961 regarding Future Land Use Map Amendment Application No. 06-012-SSA, Frank Altobello, property owner - City Planning Consultant (Exhibit 1); seconded by Council Member Williams. b) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Mayor Kirk read proposed Ordinance No. 961 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA AMENDING THE CITYOFOKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO MULTI -FAMILY (MF); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." Page -3- 2. a) Council Member Markham moved to adopt proposed Ordinance No. 961; seconded by Council Member Chandler. b) Public comments and discussion. The subject vacant property is located between Southwest 2M and 6th Streets and is approximately 9.89 acres. The applicant is requesting to change the Future Land Use designation from SF to MF. The application was submitted by the property owner Frank Altobello, Trustee. The application was reviewed by the Planning Board at their October 19, 2006 meeting and is recommending approval. The Planning Staff recommended not to approve based on the following findings: A. Comprehensive Plan Analysis: As proposed, the applicant's request is not consistent with the Multi -Family Land Use category as intended in the Future land Use Element of the City's comprehensive Plan. This is a location with inadequate traffic flow capability. The traffic impacts and potential incompatibility to other Single Family uses have not been appropriately recognized. B. Concurrency of Adequate Public Facilities: Water is available to the subject property but sewer availability has not been confirmed. Impacts to traffic and schools have not been assessed. C. Compatibility with Adjacent and Nearby Land Uses: The proposed change in Future Land Use may accelerate too much residential growth in a location not suitable for such impacts, especially from a traffic standpoint. D. Compliance with Specific Standards of the Plan: The City's Comprehensive Plan Goals, Objectives and Policies, as they are intended, do not support a change to Multi - Family residential use at this time. Nearby vacant Multi -Family lands should be absorbed prior to further expansion of apartments at this location. After further review Mr. LaRue reported at the October 19, 2006 Planning Board meeting, that this application is allowed, and instructed the applicant to proceed based on the size of the property and the different direction pertaining to the PUD. Eric Engstrom, Chief Financial officer, Wally Sanger, Royal Concrete Concepts. Under construction for a manufacturing plant on 98, 1200 jobs to the area, in order to make operations runs attract and maintain employee base, continue operations in west palm, from 300 right now to 1200 within five years. In building industry as well, understands for efficient and affordable housing for the workforce, that is when we came across Mr. Altobello's property, prioximity to new plant, intention to get go, employees would have housing on this site, rental or purchase it from us. Concerns restrictive to only employees, will make it available to other public in general, offer employees discount or other mechanisms to give them a small advantage, work with Jeff Sumner, working with LaRue, pretty comfortable with the project and will answer questions. Split decision staff recommends denial, planning board recommends approval. Water and sewer, reserve wastewater, not a need for reservations on water. Watford, staff said same ownership to property of the east. What are you going to do with that parcel? Same part of the project, 168 units total. South already mf? No not for a rezone, its going to stay single family. DW tie transportation in with other property? Jeff Sumner LBFH, representing land owner and developer. Requested to do the traffic study on just th e9.8 acres, discussed and review for south parcel with the entire area. Developer is.-cwTutted-to-whatever the traffic impact analysis says they need to do, theywill.do. This developer is use to doing what is.necessary to make their developments what they need to be. OUA has beeri working on revising the developer agreements, would have put a deposit up if they would have allowed us to, will do as soon as possible that they will allow us to do it. DW - tLp b D Anti igatg il Vill. DW to LaRue, with what we have does that give you more comfort level? Helps a little bit, opinion based -on mf and whether you need any more in the city.Ath the PUD, there is opportunity to put buffers between. Yes there is the opportunity. Land use changed, for it to be built out, zoning would have to match, Keith Walpole - voiced against the project. Al Huggins? voiced against the project. DW can't put conditions on zoning, it would make these type issues easier to deal with, the way it is now, Page -4- almost like a blank check, makes it very difficult, really tough call to make, also once assuming FLU changed to future land use, which do you do first and the best, in difference to property owner do not see anything wrong with multi -family, agree with consultant we've changed a lot of property to multi family and not very many have been build, tough delima to be in, I have quite a few questions we will get in when we get to the zoning item, don't' know that we can say no to the land use. Kirk my questions fall more under the zoning to, nothing else to add Noel don't have problem with land use but due onthe zoning, want it to be a PUD, think we ought to ge to chnace to use it. Lowry - watford pretty well covered it, can only look at one thing it is suitableto change to multi family and we have the recommendation from our board. Council Member Watford moved to amend proposed Ordinance No 961 to change the fourth paragraph wording referencing the Land Planning Agency to the Planing Board; Council Member Markham seconded the motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION TO AMEND: CARRIED. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED AS AMENDED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 2:50 P.M. VII. NEW BUSINESS. A.1. a) Council Member Watford moved to read by title only, and set December 5, 2006 as a final public hearing date for proposed Ordinance No. 962, amending the Land Development Regulations - City Planning Consultant (Exhibit 2); 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) Mayor Kirk read proposed Ordinance No. 962 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY ARTICLE 111, DIVISION 8, SECTION 90-253 SPECIAL EXCEPTION USES, AND SECTION 90-512 SPACE REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 962; seconded by Council Member Chandler. Page -5- b) Discussion. The Planning Board at their October 19, 2006 recommended to City Council to amend Ordinance No. 716 Land Development Regulations, particularly Article III, Division 8, Section 90-253 Special Exception Uses - limiting commercial districts, dwelling unit, removed is limit on square footage does not mean residential wouldn't have to meet the fire and safety issues, only limitation of square footage. and Section 90-512 Space Regulations. Remember we've had items before, include kitchen and other areas that customers are not in, can be unfair in a restaurant to count total square footage, govt areas, net space areas and added the commercial to that, have a situation where commercial wouldn't have to county the stairwell area, now if we do these regulations, someone still wants to not abide by the parking regulations, understand you are making them even less requirements. Comes with a recommendation of approval by the planning board. DW - dwelling unit, looked at individual, 4,000 dwelling unity and 200 sf commercial unit, still have to meet all requirements of the code. Parking has been number 1 issue, go on both sides, everyone wants exception to it. You think this is normal requirements? More normal with other cities. Discussion including employees in parking calculations, some have those included in the formula, something to always think about, employees take up a lot of parking, customers and then all the employees a considerable staff for a fair size restaurant. Restaurant businesses will tell the employees to park way out, you have shifts and other factors. Sometimes you don't know till you try, can amend later and add the employee number in the formula. Concerns me, and it should. Responding to you because you said revise it. LM - barber shops 2 per chair but that doesn't include the barber. LM - Dept heads have anything? No. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. B.1. a) Council Member Watford moved to read by title only, and set December 5, 2006 as a final public hearing date for proposed Ordinance No. 963 regarding Rezoning Petition No. 06-010-R, submitted by Frank Altobello - City Planning Consultant (Exhibit 3); 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) Mayor Kirk read proposed Ordinance No. 963 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING (H) TO PLANNED UNIT DEVELOPMENT (PUD) 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. 963; seconded by Council Member Chandler. b) Discussion. Mr. LaRue - The Ordinance is regarding Rezoning Application No. 06-010-R, submitted by property owner Frank Altobello, Trustee. The application is to change the zoning designation from Single Family (SF) to Page -6- Planned Unit Development (PUD) for vacant property located between Southwest 2"d and 6'h Streets, City of Okeechobee Subdivision, and is approximately 9.89 acre(s). The application was reviewed by the Planning Board at their October 19, 2006 meeting and is recommending approval. The Planning Staff recommended denial to approve based on the following findings. Staff Report 1. The proposed use is not contrary to Comprehensive Plan requirements. As proposed, the applicant's request would be inconsistent with the proposed Multi -Family Land Use category as intended in the Future Land Use Element of the City's Comprehensive Plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The RMF Zoning District allows a variety of uses, including multi -family housing, however, the subject property would seem to be more consistent with Comprehensive Plan policies by remaining in the Single -Family Future Land Use category classification and have development limited to Single -Family residences. 3. The proposed use will not have an adverse effect on the public interest. The existing neighborhood seems to reflect a low level of residential intensity especially to the West of this property. Residential Multi -Family dwellings especially on the western side of this property would be inconsistent with the existing pattern of the neighborhood. This area, if allowed to be changed to Multi -Family, could cause more rezonings in this single-family area. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The use is not appropriate for the location until the applicant submits a traffic analysis of the impacts from the subject property and the adjacent property which was amended and rezoned last year. It is also not known what the drainage impacts would be if this area was intensified to Multi -Family. Previously, it was thought that this parcel would be combined with the area to the east, now it seems to be a stand alone project. 5. The proposed use could adversely affect living conditions of the adjacent properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. If granted, buffering would be determined during the site plan review phase. 7. The proposed application if granted could overburden water, sewer, schools, and streets unless the impacts are fully planned for. 8. Traffic congestion could be a problem if rezonings of this size and intensity are allowed to continue. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. 10. The proposed change could constitute a grant of special privilege if approved without full analysis. Recommendation: Staff recommends denialof the request to allow rezoning from Holding to RMF but should the Future Land Use be recommended to change to multi -family, Staff would recommend a rezoning to PUD rather than the RMF zoning district. '*`**PUD - TRC would approve the conceputal CODE BOOK SEC. 40-401 CU. type of construction, same types of inspections? Not building official but think it would require normal types of inspections, will be glad to ask him, DW - some discussion on school, concurrency issue? At some point school board will be able to give you a ratio number of students and the impact of the project. Should have that by the final. Climaco Cardenas, overview of the site and new plant, conceptual plan, urban spaces to public, not an employee camp, urban unit within a city, town homes are in the multi family, community center, not a closed unit that no one would access, pud will allow us to provide. Modular, solid concrete block. DW - have you done anywhere else? Pt St Lucie in Tradition, can't go look at one, do have products bullt in areas. Familiar with construction? Do drawings and familiar with construction. Leaking? Mold? There is no mold issue, walls are poured and so are roofs. LW models in Pt St Lucie, from Royal Wall. Palm Village Ranch initial training center, first stab at it. Refining it. Noel - residents in palm village ranch? There is problems there. ",.",Keith Walpole, if''it looks like a duck, walks like a duck...... st lucie concept is not same its not for employees, its not as good as it looks, just got back from new orleans, met with parishes, brought 1 single family unit for the event, can show you 4-5 representatives, we're in the process of getting up there and help solve that problem in new orleans, built 100's of units for schools, military, 20-30 years builidng homes in florida do ohio before that. Noel - say you're going to have 76, 46, then 54, people per unit? How many familie sper unit? One Page -7- family on the contract? Maintain it? 10 year structure warrantly, 10 year, ..... Libby Maxwell, very difficult for me, building a home in 71h Avenue, pictures presented at planning board, looks like barricks, several tracks undeveloped, I hope your PUD will handle this, site of plant, closer to playland park, not in the city, nothing urban about the southwest section, look how this is going to change our city, central, I'm just frankly discusted with putting this into the city, you've made MF - now this one has to be, what comes with th enew 2 or 3. , clarification asked about inspection procedures, engineer signs off on it, city building official, he was under impression have to have onsite independent inspector, web site, royal builders brag they are transportable. Is that a possibility. Noel - yes. Like for them to address the inspection issue. Allen Nelson, if you go and look at these built, dehumidifies, concrete leaks, palm village has problems with their products, not just decide to allow this to be done, you have to have an independent inspector at the site, so does a mobile home, before covered up, not same as other home builders, what is our building inspector going to have to assure the independent inspectors knows what they are doing? Think we need to look at how these things are built, 10 years from now have a bunch of houses not one can live in. Addressed houses available to everyone, they did presentation to contractors they would be to employees only, then discount to employees, can't give employee discount and other same discount? Some of the things were rent or option to own, how do you own triplex or duplex. Think we need multi family housing but a deeper look at the project. Robert Myer Olde Tyme Construction - good and bad points, don't let prejudges get in the way of your decision, elevations on the homes, nicer than trailers that I see all through out okeechobee, water leaks happen in every house, not here for this project, southwest is nice area, raw land, trailers in area, not saying good place just think about it, wouldn't stop royal from putting homes in city because homes from years ago are leaking, just looks better than trailers and lets not have that be the alternative. Appreciate concerns and try to respond as best I can but don't know how it has anything to do with the zoning. Inspectors are licensed by the state. Concrete leaks. Not thrown together in 2-3 days, none of the schools have had any structure damage after all hurricanes, just shy of a month to put together, florida insurance fortified to give them reduction on insurance. Brad Lundy, made the motion to set the fina Ipublic hearing date, time to review and good decision, for a later date? DW - really tough can't do conditional zoning, when we did the other, east property, different developer, I have to look at it, would I want it next to my home, agree barracks type thing, know you've done a great job with your design, doesn't look good, am I going to rezone something that is going to look like that ? Probably not. The whole system has our hands tied, hate to rezone and this type of thing go in , raw land, has a lot of potential. Hate this because Mr. Altobello is one of my dear friends, respect him a lot. You haven't physically built any of these, palm village ranch was a proto type and those are not a good situation. Think we got a lot of problem here. Think you got a long here, lot of questions to answer. Think if it went back to planning board again might have a different decision. Land Use only, not zoning. Still can't be used as multi -family. Some hurdles before I can vote for this. Markham, agree with Watford, its difficult to sit here know the people who own the land, hate to go against them to have a right to sell their property the way they want to, think there needs to be more on this project, think product s good, don't know its suppose to be in that area, looks like cracker jack boxes. Its difficult situation. 2 readings, approve first and still turn down second if they don't get everything for us. Noel - way on down the road - diverse people, some don't mix, somewhere down the road this is going to go away, could be made for low income housing, lot we don't see, never had anything like this before. Something in writign from our schools as well. Look great when its new, don't think its going to last. Williams, never seen one of these, want to see it, living single family home, think its going to stay, know things are changing, staff, TRC, PB, these are the ones that bring that to us, cannot believe our inspector does not inspect them, have to be CO'd. Received drawings signed and sealed and our hands are tied. What can we do go against the state? CO by building official you are right. I do not want to bring in anything with nationalities, this is America and everyone has the right to live here. Can't believe someone would put a large '.•- amount of money in this project and then pull out. 12-1300 jobs are not being brought in, only th einitial ones needed to bring the plant into action. Kirk, have some real problems with this whole thing, I only vote if it's a tie, going to be hard to get. Traffic met to my satisfaction because I hold myself accountable, drainage to my satisfaction, because my home was flooded twice, concurrency would have to be handled with the school board, rendering, drawing for a comfort level, that is my only thoughts, no prejudges against builder, laws invovled as to who sells what to whom, rezoning falls on our shoulders, each one look at projec tand see if it fits our plans for the future? When it comes time to vote you are going to have to vote. Think I needed to make these point. Don't mind going on, audience mentioned than dec 5, no way to get back with us sugget to change that date and give them opportunity Feb 6, 2007 - final public hearing date. Council Member Watford Move to amend the previously adopted motion regarding the public hearing date to change from Dec 5, 2006 until Feb 6 2007• Council Member Williams seconded the motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. C. Council Member Chandler moved to approve a service agreement with Mathers Engineering Corporation (not to exceed $2500.00) regarding General Drainage Overview in connection with the Master Drainage Plan of South Florida Water Management District (SFWMD) - Oscar Bermudez, City Engineer (Exhibit 4); seconded by Council Member Williams. For five years I have been working on drainage, city does not have the means to conduct a master conprehensive plan, the county has been working with sfwmd but we have not seen anything in this project, we know we have a problem and do not see a resolution, engineer dept needs assistance, county and sfwmd ignores the city all to gether, if we get someone who knows the area better and work only on the drainage it would help us better. We need somebody to help the city, we are blocked and at the mercy of dep, sfwmd and county. Mr.. Mathers, Mathers Engineering intro'd himself - background and what he plans to accomplish. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. D Consider Alley Closing Application No. 83 for the North to South Alleyway located in Block 206, submitted by Brad Goodbread - City Clerk (Exhibit 5). This Alley Closing Application No. 83 was submitted by Bradley Goodbread, on behalf of property owner George A. Goodbread. The purpose of the ordinance is to close the North to South alleyway located directly Page -9- West of Block 206, between Lots 4 to 5 within the First Addition to Okeechobee. No easements are being requested by the utility companies. The only City Staff objection was by the City Engineer. The property is proposed to be used for development. Mr. Goodbread submitted a copy fo th edeed whereby he purchaed a parcel of land on Sept 25, 2002, localted tween blocks 172 and 206. The deed is from the Frieda E. Hamrick Esate and includes the legal description of a North to South alleyway located within the south -end of th elbock. Ths ienture block si an unusual layout. Attorney Cook advised that Mr. Goodbread would still need to complete an applciatin, have it signed off by all the utility companies. COUNCIL MEMBER WATFORD MOVED TO READ BY TITLE ONLY AND SET DECEMBER 5 2006 AS A FINAL PUBLIC HEARING DATE FOR PROPOSED ORDIANNCE NO. 964 REGARDING ALLEY CLOSING APPLICATION NO.83: SECONDED BY COUNCIL MEMBER CHANLDER. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. Mayor Kirk read title proposed Ordinance No. 964 by title only as follows: "......." Council member Watford moved to approve the first reading of proposed Ordinance No. 964; seconded by Council Member Williams. Discussion: none. Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. E. Consider processing a partial alley closing located in the 100 Block of the South side of SW 21" Street - Brad Goodbread (Exhibit 6). Sizemore object to closing the alleyway. Mr. Goodbread wants to continue with the alleyway. Brad Goodbread, first time I have heard Mr. Sizemore objects to closing the alley, just that he did not want to be a co -applicant. Whole south half, offered sizemore to be in application, to purchase land or to build buffer around his residential home he has. As owners it would be better to have alley closed. Work anyway possible with Mr. Sizemore. Assume because he doesn't want commercial property right next to his house. Kirk, my concern is haven't we always required all property owners to be in agreement? Allowed Porters and Dairy Queen. Watford might work out some compromise, then make a decision, suggest we have brian talk with parties individually and if no agreement then we'll make this decision. Williams - drainage, is this going to effect, it might. Mayor instructed Administrator Whitehall to meet with Mr. Goodbread and Mr. Sizemore to determine whether a compromise could be negotiated The matter is postponed until Dec 5 Meeting. Page -10- F. Consider not requiring off-street parking at 701 NE Park Street - Tom Murphy (Exhibit 7). Tom Murphy, representing Nunez's, building is 38 years old, no on -site parking required during the 38 years, no expansion or zonings. Don't believe regulations take into consideration that structures like this were taken into consideration. 16 parking spaces, requested city strip the roads a while back, always open space on the street parking, septic tank cut, drain field, dot will not allow cut at bridge, would have to remove septic tank and drain field, own property to the north, tried to do a multi family structure in there, not the right time, ask for exemption of the2 parking space. If they develop it, change use, then they'd have to have off-street parking. DW need to be real careful, everybody is going to say, you did it for him. LM - that's why I said this will all go away if they expand the existing office space. Kirk to me this is legal, small office building, after all these years can't see problem. Joey Hoover - only question, consistency, people out there waiting for you all to say you are not going. Council Member Chandler made a motion not require off-street parking for 701 North Park Street, East; seconded by Council Member Markham. Any change in use they cannot issue a license, thsi parking approval is just for this use only.. VOTE YEA NAY ABSTAIN ABSENT KIRK XX CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. G. Update on Commerce Center project - Travis Chambers. Travis was not in the room when his item was called on, Mayor advised he would come back to this item. Travis, preliminary site plan. Fuel storage area, buffers will be around. To th ebest of our knowledge th ecouncil advised he could move forward with th eproject H. Discussion pertaining to Lots 4 and 5 of the Commerce Center - Robert Meyer (Exhibit 8). 98 EMPLOYEES AT INTEGRA. OLDE TYME BUILDING UP. ADD 50-60 EMPLOYEES AFTER SECOND PHASE. 175 EMPLOYEES AND ONLY A LITTLE 2 YEARS (PROJECTED WAS 5 YEARS). Need the city to move forward on the infrastructure faster. Mayor - will follow up with Brian. If there's this much dissatisfaction then we need to have a workshop with the Administrator Council and you all. I. Council Member Williams moved to approve the dealership bid from for the amount of for the 2007 police vehicles - Chief Davis (Exhibit 9); seconded by Council Member Chandler. The bids submitted were: Okeechobee Motor Company Ford Lincoln Mercury of Sebring There were no bids submitted by: Velde Ford Sunrise Ford $19,359.00 per car $19,706.15 per car VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X Page -11- MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. J. Council Member Chandler moved to approve the financing bid by in the amount of for the 2007 police vehicles - Chief Davis (Exhibit 10); seconded by Council Member Williams The bids submitted were: Popular Leasing USA $20,000 per car Sun Trust $22,000 per car There were no bids submitted by: Seacoast National Bank Nations Bank Leasing Corporation VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. K. Discussion pertaining to the billboard policy - City Attorney Council Member Watford moved to adopt proposed Resolution No 06-10 pertaining to the billboard policy - City Attorney Cook; seconded by Council Member Markham. Mayor Kirk read by title only proposed Resolution No. 06-10 as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, TEMPORARILY SUSPENDING THE APPLICATION OF SECTION 90-561, DIVISION 5, SIGNS, AS IT PERTAINS TO THE PERMITTING AND ERECTION OF SIGNS DEEMED TO BE BILLBOARD SIGNS; PROVIDING FOR TIME CERTAINAMENDMENTOFTHE CITY'SSIGN ORDINANCE; PROVIDING FOR ENACTMENT OF DEFINITIVE STANDARDS FOR THE PLACEMENT, DESIGN AND ERECTION OF SUCH SIGNS; PROVIDING AN EFFECTIVE DATE." VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. ITEM ADDED TO AGENDA: L. Discuss the Teen Skate Park - Mayor Kirk. Mayor - skate board park, plans to build a teen center county now looking at taking it making it in all administrative offices. Support it staying where it is. LM- plus alley and street closing for recreation. Executive Round table that I rep city own, sent letter about a bad move. The concensus of the council was to have Admin write a Letter for the Mayor to sign regarding the Council concerns. ITEM ADDED TO AGENDA M. Motion to approve a Temporary Street Closing for Northwest 3rd Avenue between 2M and 3'd Streets for safety and traffic controls during the Election being at 6:30 p.m. until necessary. Request this be a standard approval for all primary, general and special elections. Council Member Markham moved to approve; seconded by Council Member Chandler. VOTE YEA NAY ABSTAIN ABSENT KIRK X Page -12- CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. VIII. MAYOR KIRK ADJOURNED THE MEETING AT 5:35 P.M. Page -I- CD 1 CITY OF OKEECHOBEE - November 7, 2006 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES I. CALL TO ORDER -Mayor: Kirk, November 7. 2006 City Council Regular Meeting 2.00 p m II. OPENING CEREMONIES: Invocation aiven by Reverend Al Jaquith of the First Baptist Church,• Pledge of Allegiance led by Mayor III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. 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 Ill. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Mayor Kirk presented Council Member Noel Chandler a plaque with a key representing the City and honoring his years of service on the City Council, from January 3, 1995 to November 21, 2006. 1 (J� • ,�Y,c.a/,=tom �'( �.,@Yu�'�, t J �� � L B. Proclaim November 17 - 23, 2006 as "Farm City Week". Mayor Kirk read the proclamation in its entirety as follows: WHEREAS, American farmers and ranchers literally help feed the world by producing a bounty of agricultural products. To do this, they rely on essential partnerships with urban and suburban communities to supply, sell and deliver finished products across the country and around the globe. Rural and urban communities working together have made tho most of our nation's rich agricultural resources as they contribute to the health and well being of our country and to the strength of our economy, and WHEREAS, during National Farm -City Week, we recognize the importance of this cooperative network Agriculture employs more than 24 million workers, including farmers and ranchers, shippers, processors, marketers, retailers, truck drivers, inspectors and others who annually contribute more than $1.3 trillion to our gross domestic product. The agriculture industry provides us with food and clothing, as well as fuel for our energy needs. And as we welcome new opportunities for trade, the hard workand successful cooperation between farmers and city workers will continue to playa vital role in our nation's future; and WHEREAS, Farm -City collaborations help maintain and improve our food and fiber supply and contribute to a better quality of life for countless citizens. We commend the manyAmericans whose hard workand ingenuity reflect the true spirit ofAmerica and help to ensure a prosperous future for all, and WHEREAS, as we gather with family and friends around the Thanksgiving table, it is fitting that we count among our blessings the vital Farm -City partnerships that have done so much to improve the quality of our lives, and NOW, - - I - Page--2- -- - THEREFORE,I-James-E.-KW,,--Mayor-of7he-Chy-of Okeechobee, --byvirWeotthe-authority- vested in me, do hereby proclaim November 17-23, 2006 as "Farm -City Week." I call upon citizens in rural and urban areas to acknowledge and celebrate the achievements of all those --who1 workingtogether, produce and suppl-ourcommunity and nation with an abundance of agricultural products. - -- --- - - - V. MINUTES - City Clerk. A. Council Member _ -��-�' rt�� ' ti moved to dispense with the reading and approve the Summary of CouiiciTAction orfi Wo-October 17, 2U06-Regular-Meeting-se tohded-by Cc ncil-Me mber YEA -NAY- _ABSTAIN _ABSENT.__-___ VI. WARRANT REGISTER - Mayor.� - - - A. ---£omcil-Member -- c moved to approve the-Septerr-tber 2006 Warrant Register in the amounts: Indust I Development Fund, six hundred forty-five thousand, four hundred nineFy -dollars and-seventy-seven-0enlsI$645,490: ,-GetTeV---Fu o; thre"ur Bred-sixt-y=slit_ _ thousand, eight hundred fifteen dollars and thirty-one cents ($366,815_31); CDBG Fund , thirty-four thousand, six hundred eighteen dollars and forty cents ($34,618.40); Public Facilities Fund, --- - - one th sxy-even-doarsandehty-maven_cents_($1A787�-secondebrounil�m�_r_- VII. AGENDA - Mayor. - A�--Requests-forthl Faddition, defeTmt-or-with-t. a -of ' son -coda s-a - y� gettda: -- NS - VHL-MAYORKIRK-OI?ENED-T-HE LICHURINGI=OROMMNCEAD-OPTIONAT A.1. a) Council Member . moved to read by title only and adopt proposed Ordinance No. - -- - - __ 96't regarding- tan e Map -Amendment Applicatiorr-No.--06-012=SSA,-Fran--AitobeNo-- - - - property wner - City Planning Consultant (Exhibit 1); seconded by Council Member Vote on motion. - _ _---- VOTE _ _ YEA--_NAY_._ABST4UU----ABSE T _ KIRK MARKHAM L. WILLIAMS MOTION: DEFIIE RMED. c read proposed Ordinance No. 961 by title only as follows: --'AN ORDINANCE OF -THE- CITY OFOKEEDHOBEF LORIDA-AMENDING THE _CITY OFOKEECHOBEECOMP_EEHENSIVE- PLAN, ORDINANCE N0, 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON — -- -------__ _ A --CERTAIN TRACT-OF-LAN@-hWE P,WTICUL-AfX--Y-DES614IBED HERE N-FROM-SINGLE - FAMILY (SF) TO MULTI -FAMILY (MF); PROVIDING FOR INCLUSION OF ORDINANCE AND -REVISED FUTURE LAND-USE-MAP--INTHE-COMPREHENSIVE FLAN;--pROVIDING-FOR A11t EFFECTIVE DATE." Page -3- 2 a Council Member Council Member moved to adopt proposed Ordinance No. 961; seconded by b) Public comments and discussion. The subject vacant property is located between Southwest 2"d and 61" Streets and is approximately 9.89 acres. The applicant is requesting to change the Future Land Use designation from SF to MF. The application was submitted by the property owner Frank Altobello, Trustee. The application was reviewed by the Planning Board at their October 19, 2006 meeting and is recommending approval. The -Planning Staff recommended not to approve based on the following findings. Planning Staff Report Summary: A. Comprehensive Plan Analysis: As proposed, the applicant's request is not consistent with the Multi -Family Land Use category as intended in the Future land Use Element of the City's comprehensive Plan. This is a location with inadequate traffic flow capability. The traffic impacts and potential incompatibility to other Single Family uses have not been appropriately recognized. B. Concurrency of Adequate Public Facilities: Water is available to the subject property but sewer availability has not been confirmed. Impacts to traffic and schools have not been assessed. C. Compatibility with Adjacent and Nearby Land Uses: The proposed change in Future Land Use may accelerate too much residential growth in a location not suitable for such impacts, especially from a traffic standpoint. D. Compliance with Specific Standards of the Plan: The City's Comprehensive Plan Goals, Objectives and Policies, as they are intended, do not support a change to Multi -Family residential use at this time. Nearby vacant Multi -Family lands should be absorbed prior to further expansion of apartments at this location. Analysis and Conclusions: This application and. its appearance before the Council and the LPA was duly noticed for the public in accordance with the note requirements set forth in CIS tee r 163 of the Florida Statutes.. Staff does not recommend approval to -amend the Future Land Use map from Single -Family to Multi -Family based on the above comments and the application's inconsistency with the City's Comprehensive Plan. After further review Mr. LaRue reported at the October 19, 2006 Planning Board meeting, that this application is allowed, and instructed the applicant to proceed based on the size of the property and the different direction pertaining to the PUD. 7 r � i, L /y R c) Vote on motion. w�--f`'—' i�c C✓ ✓Cc���C/L CC16� VOTE YEA NAY ABSTAIN ABSENT --�"— KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIE CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT C� ' Sb P.M. V1U_NEW ­BUS1NE­S&----- -------- -A ta) Council Member moved to read by title only, and set December 5, 2006 as a final public hearing date for proposed Ordinance No. 962, amending the - Land -Development -F*ulations-.--City-P-lanninoConsLiftaritlfthbft-21 - Iq --I— - - ....... 4104- 4 CITI"a� proposed �.-96-2by-title-only sfo4ows--�'AN-��ANCE-OF-THE-- OFOKE&E� ceAMENDING ORDINANCE NO, 716, LAND DEVELOPMENT REGULA7VNS,-PARTICULARL-r--ARTICLE-Iff,---DWt&M 9,- SECTION--W-253-SPEC1AL----- EXCEPTION USES, AND SECTION 90-512 SPACE REGULATIONS, PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member moved to app rove the first reading of proposed Ordinance No. 962; second" -CoumAMwber- -Discussion.- - The -Plam-ning Boardafth0i-rDdtbb6r-1-9,-2GO6--r66-offi-M-6nd-ofl-o-CilyCaurTc-iltoamnd-Ordtn-anceNo-.-M--- Land Development Re plations, -253 Special Exception Uses, and _jmrticularly rticle 111, Division 8, Section 90 Section 90-512 Space Regulations. .� C t�z _ !_z ------- IT C-4 P�1_ ez Y Y-4 kcj _c) Vote o n motion. VOTE YEA NAY ABSTAIN ABSENT CHANDLER ---MAFtKH-= WATFORD L.-WILLIAM MOTION: DENIED/ RIED l�leZ ILI 7 T' 14 jf- -12 -- - B:-tea -Council Member -__ �.� -- --- - -- - - - - y - - r�dset��rber 5 2006 - • mo-ved to reade only, - - - as a final public hearing da for proposed Ordinance No 963 regarding Rezoning_ Petition No. 06- 010-R, submitted by Frank Altobello Member -City Planning Consultant (Exhibit 3); seconded by Council _ -- _ --- - . - - reac+by-title enly and set #ina+ publ+C hearing ttate.- VOTE YEA NAY ABSTAIN ABSENT CHANDLER MARKHAM -- - - _IKA..TFORD L. WILLIAMS 01 .t� read-praposec[OrdinanceNo-. 96-3-by-title-only as follows `� ORDINANCE OF, HEG - - CITYOFOKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY-REZON/NG A CERTiaW-TRA-CT--OF-LANUMORE-- ' RT1CULARLY ----- FROM HOLDING (H) TO PLANNED UNIT_DEVELOPMENT (PUD) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILlTY AND AN {ounil Member rr?yqyl4o­apWove, the -first -reading -of -proposed Ordinance__ No. 963; seconded by Council Member b) Discussion. - The 4 lnance-is-re�arding_Rezoning_Application No. 06-010-R, submitted_ by_propertyowner Frank Altobello, Trustee. The application is to change the zoning designation from Single Family (SF) to Planned Unit -- - -- ---Development-{�)for-vacant-property-located-between-SWthwrstZd-ancl- Streets, City -of -Okeechobee. --------- Subdivision, and is approximately 9.89 acre(s). The application was reviewed by the Planning Board at their October 19, 2006 meeting and is recommending approval. The Planning Staff recommended denial to approve a—se-donthe o owinglindings STafif epdff 1.-_Thepr_op4_sed ore- is not __contrary_ to Comprehensive_ Plan_ requirements_ As proposed, the applicant's request would be inconsistent with the proposed Multi -Family Land Use category as intended in the Future --Land Use €lemen#-of the-Cit 'y-s-6ornprehensive Plana--2, Th e- proposed -use being appliedtor is_specificall C- authorized under the zoning district in the Land Development Regulations. The RMF Zoning District allows -a variety -of uses, -including multi- amffy-ftusing however, -the subject property-would-seem4o-be more ---- consistent with Comprehensive Plan policies by remaining in the Single -Family Future Land Use category -- - - --- - ciassification andhave developent AmTied to Singe--leresidences: -1-Th6 proposed use w1i not-tav�- an adverse effect _o_n the public interest. The existingne�hborhood seems to reflect a low level of residential - intensity especially to the West of this property. Residential Multi -Family dwellings especially on the western side-ot this p y-woofd-be inconsistent -with -the -existing pattern -of theneighborhood._Ihis_area, if allowed- to be changed to Multi -Family, could cause more rezonings in this single-family area. 4. The use is ---approprliate the-tocathn-proposed;-is reasonably compatible with -adjacent land -uses, and -is -not eon#rary-- or detrimental to urbanizing land use patterns. The use is not appropriate for the location until the applicant submits a traffic analysis of the impacts from the subject property and the adjacenT-prope riy-whic-h was - -- __- amended and rezoned_last near. It is also not known what the drainage impacts would be if this area was intensified to Multi -Family. Previously, it was thought that this parcel would be combined with the area to the __-east-,_now- it seerrfs-to-be-a-stand-alone-project._ 5.__T4e-proposed ose_couldadversaL--affeot living conditiQnt_ _- of the adjacent properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to _- _ -- --- reduce -the i - mpact of and nuisance or hazarrt to -the neighborhood. tf tftanted� buffering-vuould tie determined--_ during the site plan review phase. 7. The proposed application if granted could overburden water, sewer, schools, and streets unless the -impacts -are fully planned-Vor 8� _ Traffic congesflomcouldbe-aproblem _-- - _-_ rezonings of this size and intensity are allowed to continue. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. 10. The proposed change could constitute a grant of special privilege - - -if-approved-withoutJuU analysis. - - Page -6- Recommendation: Staff recommends denial of the request to allow rezoning from Holding to RMFbut should the Future Land Use be recommended to change to multi -family, Staff would recommenda rezoning to PUD rather than the RMF zoning district. �d � n � j CNk_'C)� 61"k" 'i�-"a4 , ///��� IzA a--,) '4_t�' / CA Z4 /'OnAA. ba-gd J�/u �-/T Az-�- c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/CARRIED. �tFplwj-' - 'eW jult'� jk la d L0� . - C. -- Councit Membvr-� i--moved-to- approve --a- service--agreement--with--Mathem Engineering Corporation regarding General Drainage Overview in connection with the Master Drainage an of South Florida Water Management District (SFWMD) - Oscar -Bermudez,- City EngineertExhilbit 4�;_s_econ iced by Council Member ace , - - j R 9 J'A f__v 4� . atL G a-, �-%U_ _ -- .� � Vote on motion. AOTEAY ABBTAW ABS194T - - - - - KIRK CHANDLER - _ - -- - - --- MARKHAM._ - -- WATFORD- - - ---I- WHAJAMS MOTION: DENIE CARRIED. Page -8- D Consider Alley Closing Application No. 83 for the North to South Alleyway located in Block 206, submitted by Brad Goodbread - City Clerk (Exhibit 5). This Alley Closing Application No. 83 was submitted by Bradley Goodbread, on behalf of property owner George A. Goodbread. The purpose of the ordinance is to close the North to South alleyway located directly West of Block206, between Lots 4 to 5 within the first Addition to Okeechobee. No easements are being requested by the utility companies. The only City Staff objection was by the City Engineer. The property is proposed to be used for development. Vote on motion. VOTE YEA NAY ABSTAIN ASSENT KIRK CHANDLER ' MARKHAM WATFORD L. WILLIAMS MOTION: DENIEDICARRIED. j age _ - ---._ E:- - -.Consider processing a partiatalley ctosing-tocatedin the tDO-1316ck-of-the-Seuth-slde-of-Sw21� Street- - - - - Brad Goodbread (Exhibit 6). ^ n - - Icys n r , emote motion. VOTE YEA NAY ABSTAIN ABSENT - KIRK ��'L - - CHANDLERJ - HA -- MARKHAM - - f --- WATFORQ. kZ� iJ/�r'� L. WILLIAMS -- -- - -- - - - - - �; 1 _- - MOT-I614=DENIEDfE��,[:�� - Page -10- F. Consider not requiring off-street parking at 701 NE Park Street - Tom Murphy (Exhibit 7). n 14 r , ,� e:10&,v6 1 ra GU L�� I y0l, cz et Vote on motion.�:`��/� VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD LRRIED L. WILLIAMS MOTION: DENIE i4l Page - 12- H. Disc ission pertaining to Lots 4 and 5 of the Commerce Center - Robert Meyer (Exhibit 8). a ul -T � . � ;�� ,. flu ..�- -� � ,� � , n .J ZU� Od- vk-c� �t�"4�7XL ` n Page - 14- J. Council Member (" ; f moved to approve the financing bid by in the amount of for the 2007 police vehicles - Chief Davis (Exhibit 10); seconded by Council Member The bids submitted were: Popular Leasing USA $20,000 per car Sun Trust $22,000 per car There were no bids submitted by: Seacoast National Bank Nations Bank Leasing Corporation Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK - CHANDLER MARKHAM WAT L. WILLIAMS MOTION: DENIED/CARRIED. Page -15- K. Discussion pertaining to the billboard policy - City Attorney. A. 1. a) Counpncil -Me bo t billboard c er moved to r adopt proposed Resolution No. ` y y seconded -by CounciFMember poli y - City Attorney Cook; b) Vote on motion. - - - VOTE - -YEA NAY ABSTAIN ABSENT KIRK CHANDLER _ MARKHAM- - -_ WATFORD _ L. WILLIAMS MOTION: DENIED/CARRIED. k read by title only proposed Resolution No. _16 as follows: "A RESOLUTION OF THE C/TYOFOKEECHOBEE, FLORIDA, TEMPORARIL Y SUSPENDING THE APPLICATIONOFSEC T/ON90- -561, DIVISION 5, SIGNS, AS IT PERTAINS TO THE PERMITTING AND ERECTION OF SIGNS DEEMED_ TO BE BILLBOARD SIGNS; PROVIDING FOR TIME CERTAIN AMENDMENT OF THE CITY'S SIGN _ORDINANM PROVIDING FOR ENACTMENT -OF DE- WTIYE STANDARDS FOR -THE PLACEMENT, DESIGN AND ERECTION OF SUCH SIGNS; PROVIDING AN EFFECTIVE DATE. " 2. a Council Member moved to adopt proposed Resolution No. __ _ seconded by Counca Member _- ___} - -Public comments -and discussion. -- - Vote on motion --- - ---- - - -VOTE YEA NAY ABSTAIN -ABSENT _ - ---- -- KIRK - -CHANDLER--- RKHAM - - ----WATFORD -- L. WILLIAMS -- - MOTION: DENIED �RTED.- - Vlll. MAYOR KIRK ADJOURNED THE MEETING AT p,M, - 1 / �t A-6-,t; IV. CITY OF OKEECHOBEE NOVEMBER 7, 2006 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA CALL TO ORDER - Mayor: November 7, 2006, City Council Regular Meeting, 2:00 p.m. OPENING CEREMONIES: Invocation given by Rev. Al Jaquith, First Baptist Church of Basinger; Pledge of Allegiance led by Mayor. 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 PRESENTATIONS AND PROCLAMATIONS - Mayor. A. B. Present a Council Member Plaque to Noel A. Chandler. Proclaim November 17 - 23, 2006 as "Farm City Week". PAGE 1 OF 4 NOVEMBER 7, 2006 - CITY COUNCIL AGENDA - PAGE 2 OF 4 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the October 17, 2006 Regular Meeting. VI. WARRANT REGISTER - Mayor. A. Motion to approve the September 2006 Warrant Register. Industrial Development Fund $645,490.77 General Fund $366,815.31 CDBG Fund $ 34,618.40 Public Facilities Fund $ 1,067.87 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor Kirk. A.1.a) Motion to read by title only and adopt proposed Ordinance No. 961 regarding Future Land Use Map Amendment Application No. 06-012-SSA, Frank Altobello, property owner - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 961 by title only. 2.a) Motion to adopt Ordinance No. 961. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. IX. NEW BUSINESS. NOVEMBER 7, 2006 - CITY COUNCIL AGENDA - PAGE 3 OF 4 A.1.a) Motion to read by title only and set December 5, 2006 as a final public hearing date for proposed Ordinance No. 962, amending the Land Development Regulations - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 962 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 962. b) Discussion. c) Vote on motion. Motion to read by title only and set December 5, 2006 as a final public hearing date for proposed Ordinance No. 963 regarding Rezoning Petition No. 06- 010-R, submitted by Frank Altobello - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 963 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 963. b) Discussion. c) Vote on motion. C. Motion to approve a service agreement with Mathers Engineering Corporation regarding General Drainage Overview in connection with the Master Drainage Plan of South Florida Water Management District (SFWMD) - Oscar Bermudez, City Engineer (Exhibit 4). D. Consider Alley Closing Application No. 83 for the North to South Alleyway located in Block 206, submitted by Brad Goodbread - City Clerk (Exhibit 5). E. Consider processing a partial alley closing located in the 100 Block of the South side of SW 21" Street - Brad Goodbread (Exhibit 6). NOVEMBER 7, 2006 -CITY COUNCIL AGENDA -PAGE 4 OF 4 IX. NEW BUSINESS CONTINUED. III F. Consider not requiring off-street parking at 701 NE Park Street - Tom Murphy (Exhibit 7). G. Update on Commerce Center project - Travis Chambers. H. Discussion pertaining to Lots 4 and 5 of the Commerce Center - Robert Meyer (Exhibit 8). 1• Motion to approve the dealership bid for the 2007 police vehicles - Chief Davis (Exhibit 9). J. Motion to approve the financing bid for the 2007 police vehicles - Chief Davis (Exhibit 10). K. Discussion pertaining to the billboard policy - City Attorney. X. 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 of backup for official records of the Clerk. purpose f' O f Ce of Mayor O eec o ee FtoYi6a . ; American farmers and ranchers literally help feed the world by producing a bounty�f products. To do this, they rely on essential partnerships with urban and suburban supply; sell and deliver finished products across the country and around the globe. lturaParci�' A communities working together have made the most of our nation's rich agricultural resources �y x c-ontribute to the health and well being of our country and to the strength of our econoniy, sntfL I:JE#EAS, during National Farm -City Week, we recognize the importance of this cooperative Agriculture employs more than 24 million workers, including farmers and ranchers, shlpprs, processors, marketers, retailers, truck drivers, inspectors and others who annually contribute.more than $1.:3 trillion to our gross domestic product The agriculture industry provides us, with food. and clothing, as well as fuel for our energy needs. And as we welcome new opportunities for trade; the hard work and successful cooperation between farmers and city workers will continue to play a vital role in our nation's future; and WHEREAS, Farm -City collaborations help maintain and improve our food and fiber supply and contribute to abetter quality oflife for countless citizens. We commend the many Americans whose hard work and, -' ingenuity reflect the true spirit of America and help to ensure a prosperous future for all; and WHEREAS, as we gather with family and friends around the Thanksgiving table, it is fitting that we count Will among our blessings the vital Farm -City partnerships that have done so much to improve the quality of our lives; and . NOW, THEREFORE,1, James E. Kirk, Mayor of the City of Okeechobee, by virtue of the authority vested in me,_. do hereby proclaim November 17 - 23, 2006 as "Farm -City Week". l call upon citizens in rural and_" urban areas to acknowledge and celebrate the achievements of all those who, working together, ' produce and supply our community and nation with an abundance of agricultural products. a� in witness whereof i have hereunto set ;i hand and caused this seal to be a 3, James -BKTir i-� - � ,may+- -• VY Attest: Lane Gamiotea, K: Date: N EXHIBIT 1 NOVEMBER 7, 2006 ORDINANCE NO. 961 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO MULTI -FAMILY (MF); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 06-012-SSA), submitted by property owner Frank Altobello, Trustee, for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Planning Board at a duly advertised meeting held on October 19, 2006, and submitted by staff report, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, that: SECTION 1. SHORT TITLE. This Ordinance shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land consisting of approximately 9.89 unplatted acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 06-012-SSA, from Single Family to Multi -Family. The Legal Description of Subject Property is as follows: Page 1 of 3 An unplatted parcel of land, shown as the railroad grounds, lying within the plat of the City of Okeechobee, as recorded in Plat 5 Page 5, Public Records of Okeechobee County, Florida, Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. Being more particularly described as followed: Commence a the southwest corner of that parcel of land described in OR Book 452 Page 1439, Public Records of Okeechobee County, Florida and bear S 89*53'11" W along the north right-of-way line of SW 6th Street, to the intersection with the east line of Block 202, City of Okeechobee, a distance of 1010.82 feet; Thence bear N 00004'58" W, along the east line of Block 202, a distance of 547.44 feet to the point of beginning; Thence continue N 00°04'58", a distance of 547.44 feet to the northeast corner of Lot 3, Block 202, City of Okeechobee; Thence bear N 89°54'50" E to the Southeast corner of that parcel of land described in OR Book 293 Page 257, Public Records of Okeechobee County, Florida, a distance of 704.88 feet; Thence bear N 00°04'58" W, a distance of 398.57 feet to the intersection with a curve in the southerly right-of-way of Southwest 2"d Avenue; said curve concaving to the northwest, having a radius pf 402.71 feet, a delta angle on 11011'52" and a long chord bearing N 62°5333" E, a distance of 78.58 feet; Thence along arc of said curve a distance of 78.71 feet; Thence bear S 00°04'58" E, a distance of 534.67 feet; Thence bear S 89°54'50" W, a distance of 49.69 feet; Thence bear S 00°06'02" E, a distance of 447.26 feet to the point of beginning. 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. 961 shall be thirty-one (31) days after the adoption of this ordinance. Page 2 of 3 INTRODUCED for first reading and public hearing on the 7th day of November, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the 71h day of November, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 3 of 3 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: 4 -M 10( Petition No_ o�-oI a p'SsA Fee Paid: fob , cxL-� knisdiction: ��' y CC� 1stHearingE§j n eaing: Publication Dates: Notices Mailed: Comprehensive Plan Map Amendment Application Zsmall Please Check One: Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) ✓ Name of property owner( s): `= Owner mailing{ address: �o l dl���ofloBaF z PA Name of applicant(s) if other than owner (state relationship): - Applicant mailing address: - Name of contact person (state relationship): J c-E r- -S-uM,JEF� __ Contact erson daytime hone(s): Fax: 90.70. 61Py7 5&1--716 . `So4-- Property address / directions to property: 0 -5ln/ Sit E! Parcel Identification Numl)er: --2 - 33 5 - 0A D 0-00 DD (o - OQ OQ Size of the Property (in acres): '1. 99 Ae-RE -5 — Naq i ,VPVCS7F-RA1 Mofj' Current Zoning Designation: H ol+>>;,&16 Current Future Land Use Designation- S F Existing Use of the Property: VA CA Proposed Future Land Use Designation: M F Proposed Use of the Property: WE S, Z Enln AL M ub . Description of Surrounding Properties: M u I- i ; I -AM � � !/ � ��M A4E- kC;AI- TinsTi M; o11R L C �KuR �H� i�o✓D i?ES, i3�� r�"q � .. Legal Description of the Property (Lengthy Description May be Attached): SEC /4/7ACHEi� Uniform Land Use Application (rev. 12103) Page 1 of 2 Survey of Property (I I" x 14", 20" Scale) Letter Outlining Request Notarized Letter of Owner's Authorization t� -- 4. Application Fee (non -refund_ able) 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. Signature Printed Name Date Uniform Land Use Application (rev- 12/03) Page 2 of 2 6 4 I Okeechobee County Property Appraiser F 110 220 330 ft VV_C_ "Bill' Sherman, CFA - Okeechobee, Florida - 863-763-4422 'ARCEL: 2-21-37-35-OA00-00006-0000 - NON AG ACR (009900) THAT PART OF THE FOLLOWING DESCRIBED PROPERTY LYING NORTH OF THE NORTH RIGHT-OF-WAY OF lame: ALTOBELLO FRANK TRUSTEE LandVal $458,940.00 ite: 0 SW 2ND ST, Okeechobee BldgVal $0,00 fail: SOX 417 ApprVal $458.940.00 OKEECHOBEE, FL 349730417 JustVal $458,940-00 ales 4/16/2003 $0.00 V / U Assd $458,940.00 ifo 4/16/2003 $0.00 V / U Exmpt $0.00 Taxable $458,940.00 �••••u��••. N-- �• •�•����, — u-1— null, udtd wfncn was compieo Dy we Ukeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment_ This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http://www.okeechobeepa.com/GISIPrint Map.asp?pjbolibehhjbnligcafceelbjemnoll-jkaibfepfga.-. 4/20/200E April21, 2006 City of Okeechobee General Services Department 55 S.E. 3`d Avenue, Room 101 Okeechobee, FI 34974-2903 Re: Comp Plan Amendment and Rezoning Request Northwestemmost 9.9+1- Acres of Parce #2-21-37-35-OA00-00006-0000 To Whom It May Concern: This letter hereby outlines the my request as property owner to rezone the above referenced parcel from Holding to RMF, and amend the comprehensive plan map from SF-1 to MF as outlined in the attached applications. Please contact me if you should have any questions, or require any additional information Thank you for your consideration of this request. Sincerely, rank Altobello Trustee (Owner) Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larae-planning@att.net Staff Report-' Small Scale ComprehensiVe'Plan Amendment Prepared for.- Applicant. - Petition No. The City of Okeechobee FrankAkobello c% Jeff Swnner 06-012-SSA Staff Report Applicant: Frank Altobello c/o Jeff Sumner Small -Scale Comprehensive Plan Amendment Petition No. 06-012-SSA General Information Legal Description: An unplatted parcel of land, shown as the railroad grounds, Iying within the plat of the City of Okeechobee, as recorded in Plat 5 Page 5, Public Records of Okeechobee County, Florida, Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. Being more particularly described as followed: Commence a the southwest corner of that parcel of land described in OR Book 452 Page 1439, Public Records of Okeechobee County, Florida and bear S 89'53'I1" W along the north right-of-way line of SW 6i' Street, to the intersection with the east line of Block 202, City of Okeechobee, a distance of 1010.82 feet; Thence bear N 00'04'58" W, along the east line of Block 202, a distance of 547.44 feet to the point of beginning; Thence continue N 00'04'587'9 a distance of 547.44 feet to the northeast corner of Lot 3, Block 202, City of Okeechobee; Thence bear N 89°54'50" E to the Southeast corner of that parcel of land described in OR Book 293 Page 257, Public Records of Okeechobee County, Florida, a distance of 704.88 feet; Thence bear N 00'04'58" W, a distance of 398.57 feet to the intersection with a curve in the southerly right-of-way of Southwest 2d Avenue; said curve concaving to the northwest, having a radius pf 402.71 feet, a delta angle on 11111'52" and a long chord bearing N 62011'52" and a long chord bearing N 62053'33" E, a distance of 78.58 feet; Thence along are of said curve a distance of 78.71 feet; Thence bear S 00004'58" E, a distance of 534.67 feet; Thence bear S 89054'50" W, a distance of 49.69 feet; Thence bear S 00006'02" E, a distance of 447.26 feet to the point of beginning. Staff Report Applicant: Frank Altobello c/o Jeff Sumner Small -Scale Comprehensive Plan Amendment o-+:+".-- KI.. ^- ,,.- __ . The matter for consideration is for an Amendment to the City of Okeechobee's Future Land Use Map from Single Family to Multi -Family to allow a multi -family housing development on the subject property. Based on the size of the property (9.89 acres), this application qualifies under Chapter 163, F.S., as a Small -Scale Amendment to the Comprehensive Plan. This property is located next to property on the eastern border that recently was .changed to Multi -Family Future Land Use. Other surrounding properties designated are Single Family. Concurrent with the request, the applicant is also requesting a rezoning for the subject property from Holding to RMF. . t I T - III MT V i Pik 10119 } X b » n g Z}On�ll�I�iStrlGt � -.,� 7 - Snuth .utearz:LTse lYlap Class�ficahon°._ Staigle'Fai�t�y toning District: holding Exlstiug Land Use: Nacant ZonrnDitrxet�l 1 E M o:MAM The applicant is requesting the Multi -Family Future Land Use Future Land Use category to develop 9.89 acres of land as a multi -family development. The Multi -Family category would allow apartments, duplexes, and condominiums at a maximum density of 10 units per acre_ This could allow up to 99 units on the subject property. The only access for this property seems to be on Second Street. This location and narrow access outlet is not a desirable opportunity to convert this property to Multi -Family. A. Consistency with the Land Use Categories and Plan Policies. As proposed, the applicant's request is not consistent with the Multi -Family Land Use category as intended in the Future Land Use Element of the City's Comprehensive Plan. 2 Staff Report Applicant: Frank Aitobello c% Jeff Sumner Small -Scale Comprehensive Plan Amendment Petition No. 06-012-SSA This is a location with inadequate traffic flow capability. The traffic impacts and potential incompatibility to other Single Family uses have not been appropriately recognized. B. Concurrency of Adequate Public Facilities Water is available to the subject property but sewer availability has not been confirmed. Impacts to traffic and schools have not been assessed. C. Compatibility with Adjacent and Nearby Land Uses The proposed change in Future Land Use may accelerate too much residential growth in a location not suitable for such impacts, especially from a traffic standpoint. D. Compliance with Specific Standards of the Plan. The City's Comprehensive Plan Goals, Objectives and Policies, as they are intended, do not support a change to Multi -Family residential use at this time. Nearby vacant Multi -Family lands should be absorbed prior to further expansion of apartments at this location. This application and its appearance before the Council and the LPA was duly noticed for the public in accordance with the notice reguirernents set forth in Chapter 163 of the Flonda Statutes Staff does not recommend approval to amend the Future Land Use Map from Single -Family to Multi -Family based on the above comments and the application's inconsistency with the City's Comprehensive Plan. Maps or Diagrams Submitted by: James G. LaRue, AICP May 16, 2006 $1 L4 % i - 1010-1 VRML 4. �J'q A T 9 . b.•.a j. {?�+��r $ x, K. Ati p i L; IS i•; Prepared for. Applicant: Petition No. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planningna,att.net - Small S%caomle hView. Plan t The City of Okeechobee Frank AIto bello c% Neff Sumner 06-0 1 Z-SSA Staff Report Small -Scale Comprehensive Plan Amendment Applicant: Frank Altobello c/o Jeff Sumner Petition No. 06-012-SSA General Information, ,Jeff pW,. Applicant Address Not provided 011 WE .J.... ;�u..s:'+, ,al �� ';i�"5. + '� �"' 1-�ll71< A�.Q'lt`1. w ,.. it. ....y ,: �. �l'.,s ,.: ,Wtaw,,,2.•. s� r• ,'ia�"f�. e,. Owner Address: Box 417 Okeechobee, F1. 34973 eT` 11 WIN .,s am.•. U t pi, ,n9W. Future Land Use Map Classification 0 ap SX � •. r zTn , s �{�5�, .F.t>rw4 4 fir... d Use of Property 1.,%fir?a". +�. r�eau r.I+'9&.'+t"w Single Family Multi -Family 1-loldzr15 I Vacant Multi family housing 9.89 Legal Description: An unplatted parcel of land, shown as the railroad grounds, lying within the plat of the City of Okeechobee, as recorded in Plat 5 Page 5, Public Records of Okeechobee County, Florida, Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. Being more particularly described as followed: Commence a the southwest sorrier of that parcel of land described in OR Book 452 Page 1439, Public Record~ of Okeechobee County, Florida and bear S 89153'11" W along the north right -of— aN line of SW 6"' Street, to the intersection with the east line of Block 202, City of t tkcechobee, a distance of 1010.82 feet; Thence bear N 00104'58" W, along the east line of Block 202, a distance of 547.44 feet to the point of begimiin�); Thence continue N 00°04'58", a distance of 547.44 feet to the northeast corner of Lot 3, Block 202, City of'Okeechobee; Thence bear N 89154'50" I•' to the Southeast corner of that parcel of land described in OR Book 293 Page 257, I'uhlic Records of Okeechobee County, Florida, a distance of 704.88 feet; Thence bear N 00104158" W, a distance of 398.57 feet to the intersection with a curve in the southerly right-of-way of Southwest 2"d Avenue; said curve concaving to the northwest, having a radius pf 402.71 feet, a delta angle on 11011152" and a long chord bearing N 6201 1'52" and a long chord bearing N 62053'33" E, a distance of 78.58 feet; Thence along arc of said co r+ e a distance of 78.71 feet; Thence bear S 00004'58" l:, a distance of 534.67 feet; Thence bear S 89054'50" W, a distance of 49.69 feet; Thence bear S 00006'02" I_ >i distance of 447.26 feet to the point of beginning. Staff Report Small -Scale Comprehensive Plan Amendment Applicant: Frank Altobello c/o Jeff Sumner Petition No. 06-012-SSA Reque The matter for consideration is for an Amend;r:cnt to the City of Okeechobee's Future Land Use Map from Single Family to Multi -Family io .d'Mw a multi -family housing development on the subject property. Based on the size of the property (9.89 acres), this application qualifies under Chapter 163, F.S., as a Small -Scale Amend m n t to the Comprehensive Plan. This application was heard before you in May of this year. Concurrent with the request, the applicant is also requesting a rezoning for the subject property from Holding to RMF. lvra4k..P Glassi t'c<a;ion:igl.e..�?XY Zoning District RSF 1 ^, is ra = > ?S ' m Single faxir 1.81 e1.�4ap:.Classi'leation:. MUIti:Fan 'Y.. h Zoning District R-3 Svi�Fute�ati,Use 1Tap Classificatiota Single Fa�,' Zoning. District: Existing Land Use: Holding Vacant ;}FGt�s, ai.j*�Jse lap'Class ii';cation: ` Single F,a�y`.i Zoning District RSF 1 ti This property is located next to property on the eastern border that was changed to Multi -Family Future Land Use. As can be seen above, the surrounding properties are designated Single Family on the Future Land Use Map. The applicant is requesting the Multi -Family Future Land Use Future Land Use category to develop 9.89 acres of land as a multi -family development. The entire parcel consists of 18.640 acres. The subject property was divided out and proposed for the Multi -Family category which would allow aipartments, duplexes, and condominiums at a maximum density of 10 units per acre. In oth r words, this could allow the applicant to develop up to 99 units on the property. In August, Staff met with the applicant's rc pre ,entatives to determine the best possible use of the land. It did appear that the applicant is col, cm plating combining the subject property (18.640 acres) with the property which we granted l nirure Land Use Map change to Multi -Family last year (10.240 acres) for a total of 28.88 acres As an alternative, this site could be developed as a stand alone multi -family development. 2 Staff Report Applicant: Frank Altobello c/o Jeff Sumner Small -Scale Comprehensive Plan Amendment Petition No. 06-012-SSA Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. The applicant's request is not consistent with the Multi -Family Land Use category as intended in the Future Land Use Element cat the City's Comprehensive Plan. This is a location with inadequate traffic flow capability especially.if the parcel stands alone. The applicant still has not provided an analysis oi' the traffic impacts and potential incompatibility with the other Single Family uses in the area. B. Concurrency of Adequate Public Facilities Water is available to the subject property and sewer availability has been confirmed verbally. It is still unclear as to whether plant expansi(.)n improvements would be needed. Also, impacts to traffic and schools have not been assessed. C. Compatibility with Adjacent and Nearby hand Uses The proposed change in Future Land Use rnay accelerate too much residential growth in a location not suitable for such impacts, especially from a traffic standpoint. D. Compliance with Specific Standards of the flan. The City's Comprehensive Plan Goals. Uhjcctives and Policies, as they are intended, do not support a change to Multi -Family residential use at this time. There is no population "needs" analysis indicating that the city needs further multi -family development, especially at this location. Impacts should be analyzed belOrc the applicant is allowed continue. This application and its appearance before the Council and the LPA was duly noticed for the public in accordance with the notice requirements set forth in Chapter 163 of the Florida Statutes. Staff does not recommend approval to amend the Future Land Use Map from Single -Family to Multi -Family based on the above comments m,! the application's inconsistency with the City's Comprehensive Plan. Maps or Diagrams Submitted by: James G. LaRue, AICP October 1], 2006 J - ` SCALE 1'-200' N6T b A ----SOUTH PARK STREET I / f' BLOCK 200 BLK 201 rz SOUTNNEST 2NO AVENbf rs i�Y`rJA / I` 150- � 2 HBF ' 3 nc ma!r5r 50'E 70<_88' Res j 1 a SB9"5r 0'X K965 Aas >' B AREA= 989 ACRES o e L s 0 0 rn � U m c 0 0 cj: 11 �2 j- W POINT OF BEGINNING o WI, m 32 Ms S89'S3'5B'M 7m 33, ryas z Q 2 13 to 14 yJQ'!i Y 25 16 pp i i ou 'Z) 17 1 B QQi i O 29 o ' / 1 m 20 l 21. m 22 23 WSr W N 7a 5D' ss — — SN 6TH STREET — N6T 589�53"11'N 14�.67 CFNIEALINE U Z -J 6 �- Z O O� C %� R rT- CL W �o� ¢- m S �f sI of I it SB9'51'52'N 2A9. 91' � �� SB9'53'lf'N 285.32' y OR BOOK 452 PGE 1439 [T m . 0 O 0 POINT OFi-CONNENCENENT ym RBF Q m Z� -a Wes; Q M _ LEGEND - v RBF - Rdbar Found .RBS-.Rebar N/Cap Set IPF - Iron Pipe Found. CMF - Concrete Monument Found PRM - Permanent Reference Monument FP) --Asper the plat Of (F) - Field Measurement ED) - As per the dead (C) - Calculation NOTES 1. Basis bearing SW 6TH STREET 2_ Bearings ASSUMED 3. Not valid without the signature and the Original raised seal of a Florida licensed surveyor and mapper_ 4. NO DESCRIPTION EXIST STREET ADDRESS N/A CERTIFIED TO: ROYAL PROFESSIONAL BUILDERS. INC. DESCRIPTION -- AN UNPLATTED PARCEL OF LAND, SHOWN AS THE RAILROAD . GROUNDS, LYING WITHIN THE PLAT OF THE CITY OF OKEECHOBEE. AS RECORDED IN PLAT 5 PAGE S. PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 21 TOWNSHIP 37 SOUTH RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA- BEING MORE PARTICULAR DESCRIBED AS FOLLOWS COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN OR BOOK 452 PAGE 1439, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEAR 589'53'11"W ALONG THE NORTH RIGHT-OF-WAY LINE OF SW 6TH STREET, TO THE INTERSECTION WITH THE EAST LINE OF BLOCK 202. C17Y OF OKEECHOBEE, A DISTANCE OF 1010. 82 FEET Tt,E NC[ BEAR NOO'04'58W, AI ONG THE EAST IINR OF Bi OCK 2D2.A DISTANCE Gf 541 44 if ET_ TO THE POINT Of BEGINNING, THENCE CONTINUE NOG'04'58', A OISTANCE OF 541 44 `EET i(I THE NORTHEAST CORNER OF LOT 3, BLOCK 202- CITY Of OKEECHOBEE, THENCE BEAR 1489'54-50-E, TO THE SE CORNER OF THAT PARCEL OF LAND DESCRIBED IN OR BOOK 293 PAGE 257, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. A DISTANCE OF 704. 88 FEET. - THENCE BEAR NOO'04-58'W. A DISTANCE OF 398. 57 FEET TO THE INTERSECTION WITH A CURVE IN THE SOUTHERLY RIGHT-OF-WAY OF SOUTHWEST 2ND AVENUE, SAID CURVE CONCAVING TO THE NORTHWEST, HAVING A RADIUS OF 402 71 FEET, A DELTA ANGLE OF 11'11'52' AND A LONG CHORD BEARING N62'53'33'E, A DISTANCE OF 78. 56 FEET. THENCE ALONG ARC OF SAID CURVE A DISTANCE OF 78-71 FEET. THENCE BEAR SOO'04'58'E A DISTANCE OF 534.67 FEET, THENCE BEAR S89'54'50-N. A DISTANCE OF 49 69 FEET, THENCE BEAR SOO'06-02'E. A DISTANCE OF 447.25 FEET, THENCE BEAR SB9'53'5B'W. A DISTANCE OF 725-33 FEET TO THE POINT OF BEGINNING_ LELAND DYALS, RLS 2084 c.� z J d t� Z C u, N W LL cc CC CL L LJ 6 cc J 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(a),att.net Staff Report -Small Scale Comprehensive Plan Amendment Prepared for: The City of Okeechobee Applicant.- FrankAltobello c% Jef Sumner Petition No. 06-012-.SSA Staff Report Applicant: Frank Altobello c/o Jeff Sumner Small -Scale Comprehensive Plan Amendment Petition No. 06-012-SSA General Information.. Applicant:' Jeff Sumner Applicant Address: Not provided Applicant Phone Number: 863-763-8999 Owner: Frank Altobello Owner Address: Box 417 Okeechobee, Fl. 34973 Owner. Phone Number: Not provided Existing Proposed Future Land Use Map Classification Single Family Multi -Family Zoning District Holding RMF Use of Property Vacant Multi family housing Acreage 9.89 Same Legal Description: An unplatted parcel of land, shown as the railroad grounds, lying within the plat of the City of Okeechobee, as recorded in Plat 5 Page 5, Public Records of Okeechobee County, Florida, Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. Being more particularly described as followed: Commence a the southwest corner of that parcel of land described in OR Book 452 Page 1439, Public Records of Okeechobee County, Florida and bear S 8915311" W along the north right -of -wad line of SW 6`h Street, to the intersection with the east line of Block 202, City of Okeechobee, a distance of 1010.82 feet; Thence bear N 00104'58" W, along the east line of Block 202, a distance of 547.44 feet to the point of beginning; Thence continue N 00104'58", a distance of 547.44 feet to the northeast corner of Lot 3, Block 202, City of Okeechobee; Thence.bear N 89154'50" E to the Southeast corner of that parcel of land described in OR Book 293 Page 257, Public Records of Okeechobee County, Florida, a distance of 704.88 feet; Thence bear N 00°04'58" W, a distance of 398.57 feet to the intersection with a curve in the southerly right-of-way of Southwest 2"d Avenue; said curve concaving to the northwest, having a radius pf 402.71 feet, a delta angle on l 1011'52" and a long chord bearing N 62011'52" and a long chord bearing N 62053'33" E, a distance of 78.58 feet; Thence along are of said curve a distance of 78.71 feet; Thence bear S 00004'58" E, a distance of 534.67 feet; Thence bear S 89054'50" W, a distance of 49.69 feet; Thence bear S 00006'02" E, a distance of 447.26 feet to the point of beginning. Staff Report Applicant: Frank Altobello c/o Jeff Sumner Small -Scale Comprehensive Plan Amendment Petition No. 06-012-SSA The matter for consideration is for an Amendment to the City of Okeechobee's Future Land Use Map from Single Family to Multi -Family to allow a multi -family housing development on the subject property. Based on the size of the property (9.89 acres), this application qualifies under Chapter 163, F.S., as a Small -Scale Amendment to the Comprehensive Plan. This application was heard before you in May of this year. Concurrent with the request, the applicant is also requesting a rezoning for the subject property from Holding to RMF. .o North: Future Land Use Map Classification': Single Family Zoning District: RSF-I Existing Land Use: Single family'' East: Future Land Use Map Classification: Multi -Family Zoning District: R-3 Existing Land Use: Vacant South: Future Land Use Map Classification. Single Family Zoning District: Holding Existing Land Use: Vacant West: Future Land Use MapClassification: Single` Family Zoning District: RSF-1 Existing Land Use: Single family and Vacant This property is located next to property on the eastern border that was changed to Multi -Family Future Land Use. As can be seen above, the surrounding properties are designated Single Family on the Future Land Use Map. The applicant is requesting the Multi -Family Future Land Use Future Land Use category to develop 9.89 acres of land as a multi -family development. The entire parcel consists of 18.640 acres. The subject property was divided out and proposed for the Multi -Family category which would allow apartments, duplexes, and condominiums at a maximum density of 10 units per acre. In other words, this could allow the applicant to develop up to 99 units on the property. In August, Staff met with the applicant's representatives to determine the best possible use of the land. It did appear that the applicant is contemplating combining the subject property (18.640 acres) with the property which we granted a Future Land Use Map change to Multi -Family Iast year (10.240 acres) for a total of 28.88 acres. As an alternative, this site could be developed as a stand alone multi -family development. 2 Staff Report Applicant: Frank Altobello c/o Jeff Sumner Small -Scale Comprehensive Plan Amendment Petition No. 06-012-SSA Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. The applicant's request is not consistent with the Multi -Family Land Use category as intended in the Future Land Use Element of the City's Comprehensive Plan. This is a location with inadequate traffic flow capability especially if the parcel stands alone. The applicant still has not provided an analysis of the traffic impacts and potential incompatibility with the other Single Family uses in the area. B. Concurrency of Adequate Public Facilities Water is available to the subject property and sewer availability has been confirmed verbally. It is still unclear as to whether plant expansion improvements would be needed. Also, impacts to traffic and schools have not been assessed. C. Compatibility with Adjacent and Nearby Land Uses The proposed change in Future Land Use may accelerate too much residential growth in a location not suitable for such impacts, especially from a traffic standpoint. D. Compliance with Specific Standards of the Plan. The City's Comprehensive Plan Goals, Objectives and Policies, as they are intended, do not support a change to Multi -Family residential use at this time. There is no population "needs" analysis indicating that the city needs further multi -family development, especially at this location. Impacts should be analyzed before the applicant is allowed continue. Analysis and Conclusions I This application and its appearance before the Council and the LPA was duly noticed for the public in accordance with the notice requirements set forth in Chapter 163 of the Florida Statutes. Staff does not recommend approval to amend the Future Land Use Map from Single -Family to Multi -Family based on the above comments and the application's inconsistency with the City's Comprehensive Plan. Maps or Diagrams Submitted by: James G. LaRue, AICP October 1 1, 2006 October 19, 2006 ing Board/Board of ustment and Appeals - Page 2 of 10 V. OPEN PUBLIC HEARING - Chairperson A. Comprehensive Plan Map Amendment Petition No. 06-012-SSA - City Planning Consultant. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:03 P.M. Consider Comprehensive Plan Map Amendment Petition No. 06-012-SSA: Frank Altobello is the property owner. The application is to change the Future Land Use designation from Single Family (SF) to Multi -Family (MF) for property located between Southwest 6`h and 2°d Streets. Legal description: An unplatted parcel of land, shown as the Railroad Grounds, lying within the Plat of the City of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. l . Motion to remove Comprehensive Plan Map Amendment Petition Board Member Hoover moved to remove Comprehensive Plan Map Amendment Petition No. 06-012- No. 06-012-SSA from the table. SSA from the table; seconded by Board member McCoy. 2. Vote on motion. VOTE LEDFERD - YEA HOOVER - YEA BURROUGHS - YEA McCOY - YEA KELLER - YEA MAXWELL - YEA JUAREZ - YEA MOTION CARRIED. Consider Comprehensive Plan Map Amendment Petition No. 06- Planning Staff Report Summary: A. Comprehensive Plan Analysis: As proposed, the applicant's 012-SSA: Frank Altobello is the property owner. The application request is not consistent with the Multi -Family Land Use category as intended in the Future land Use is to change the Future Land Use designation from Single Family Element of the City's comprehensive Plan. This is a location with inadequate traffic flow capability. The (SF) to Multi -Family (MF) for property located between Southwest traffic impacts and potential incompatibility to other Single Family uses have not been appropriately 6`'' and 2" Streets. Legal description: An unplatted parcel of land, recognized. B. Concurrency of Adequate Public Facilities: Water is available to the subject property shown as the Railroad Grounds, lying within the Plat of the City of but sewer availability has not been confirmed. Impacts to traffic and schools have not been assessed. C. Okeechobee, as recorded in Plat Book 5, Page 5, Public Records Compatibility with Adjacent and Nearby Land Uses: The proposed change in Future Land Use may of Okeechobee County, Florida, Section 21, Township 37 South, accelerate too much residential growth in a location not suitable for such impacts, especially from a traffic Range 35 East, Okeechobee County, Florida. - Planning Consul- standpoint. D. Compliance with Specific Standards of the Plan: The City's Comprehensive Plan tant. Goals, Objectives and Policies, as they are intended, do not support a change to Multi -Family residential use at this time. Nearby vacant Multi -Family lands should be absorbed prior to further expansion of apartments at this location. Analysis and Conclusions: This application and its appearance before the Council and the LPA was duly noticed for the public in accordance with the note requirements set forth in Chapter 163 of the Florida Statutes. Staff does not recommend approval to amend the Future Land Use map from Single -Family to Multi -Family based on the above comments and the application's inconsistency with the City's Comprehensive Plan. October 19, 2006 Planing Board/Board of Adjustment and Appeals - Page 3 of 10 V. PUBLIC HEARING CONTINUED. A. 3. Comprehensive Plan Map Amendment Petition No. 06-012-SSA, III Mr. Haynes Williams spoke on behalf of Mr. Altobello. Mr. Williams told the Board that due to surgery continued. Mr. Altobello would not be present for this meeting. Mr. LaRue reported that this application is allowed based on size of property. This petition was first heard in May and withdrawn. The applicant as instructed by Mr. LaRue was looking at submitting this petition in a different direction. Upon further investigation it was decided by the applicant and developers of the property to proceed with the Comprehensive Plan Amendment as submitted. Mr. LaRue expressed concern about the traffic that would be generated by this development. The property from the South, North and West are Single Family. There is some concern regarding historical perspective to preserve Single Family. Department of Community Affairs, (DCA) states that Okeechobee City is projecting a larger population than is predicted by the State of Florida census. Board Member Burroughs inquired about the waste water capacity for the development. Mr. LaRue stated that no plan was submitted by the applicant for waste water. Board Member Burroughs asked whether the expansion of the waste water plant was in line with the development? Eric Engstrom. Chief Financial Officer for Royal Professional Builders replied that they are working with Okeechobee Utility Authority (OUA) on this matter, they have not signed a Developers Agreement, but they will be participating at the OUA November 7, 2006 meeting. Board Member McCoy asked Mr. LaRue whether there were any problems with DCA regarding the two Small Scale Comprehensive Plan Future Land Use Map Amendments that were submitted by Mr. Altobello one being contiguous to this property? Mr. LaRue replied that it has been a year since the last application was submitted and processed, and since Okeechobee was in an area of Rural Economic Concern, as appointed by Governor Bush, Small Scale Comprehensive Plan Future Land Use Map Amendment can cover up to 20 acres. This petition is clearly not a violation. Mr. Ledferd wanted to know why a traffic study is not part of the application for petition, since it is such a critical part of the equation. Mr. LaRue answered that the Board would see a complete Staff Report when this issue is required at application time. Board Member Burroughs said that it would be more applicable when we have that concurring aspect up front, in the future should we have concurrency reports from the applicant when they submit an application? October 19.2006 - Board/Board of Adjustment and Appeals - Page 4 of 10 V. PUBLIC HEARING CONTINUED. A.3. Comprehensive Plan Map Amendment Petition No.06-012-SSA, continued. Jeff Sumner, representative of LBFH Engineering thanked Mr. LaRue for his tireless work to make a Planned Unit Development District (PUD) zoning fit this project. Unfortunately, PUD is in the Single Family category and will not work for this application. This development needs to provide Multi -Family housing. This project is to house the employees of the Royal Concrete Company that is being constructed on Highway 98 North. The company anticipates opening the plant during the second quarter of 2007, with the initial work force of 500 employees, coming mainly from the Palm Beach area. Within five years the work force is predicted to be at 1,300 to 1,500 employees. The developers have looked over the entire area of Okeechobee and found no affordable housing for the employees, this development will provide that affordable housing. Mr. Sumner also reported that a traffic study has been commissioned to include these parcels and the ten acres to the South. The developer is aware of the costs of accommodating traffic created by the development. We are not building this with the thought of "If we build this will they come." This is being build to accommodate the future employees of the Royal Concrete Plant. Mr. Sumner also said that the developers are willing to meet with Superintendent of Schools. Mrs_ Cooper to discuss impact on the school system. The proximity of an elementary school to the project is a favorable point_ Mr. LaRue told the Board that from a timing stand point, phase one needs to move along with the building of the Concrete Plant. The Traffic analysis will be available within one to two weeks. Board Member Burroughs asked about the phasing process. Last year phase one and this one phase two? Mr. Sumner replied that the rough date of phase one was several months away. We are working on permits. There are no wet lands on phase one. We could have 90 units in Phase one, but there will be only 74 units due to retention ponds. Phase two will have 76 units and Phase three there will be 52 units. The Concrete Plant will produce the material needed to build the housing for the development. Board Member Maxwell asked Mr. Engstrom whether the housing would be for lease or sale, and would it be available for the general public? Mr. Engstrom replied that they did not know for sure, but that the current goal was to accommodate employees only. He did state that it would not have deed restrictions. And there will be a property manager. October 19, 2006 - Planning Board/Board of Adjustments and Appeals - Page 5 of 10 V. PUBLIC HEARING CONTINUED. A. 3. Comprehensive Plan Map Amendment Petition No. 06-012-SSA, continued. Mr. Climaco Cardenas, Royal Architect and Design Of Urban Designer Planning explained to the Board the relationship of the plant and the housing development. These two entities are only one mile apart. We want to focus on quality of life. Employees who live in the development could ride their bicycles to work. The design of the housing is going to DCA for approval. We are also going to produce modular town homes. The plant can produce 4,000 units a year. Board Member Juarez inquired of the cost of the units. Mr. Cardenas said it was a good incentive to the employees. Our goal is not to make a profit from the employees. We are trying to provide quality. Chairperson Ledferd asked whether there were any further discussion. There was none. Board Member Burroughs moved to find Comprehensive Plan Map Amendment Petition No. 06-012-SSA consistent with the Comprehensive Plan, and recommend to approve to City Council; seconded by Board Member Maxwell. LEDFERD - YEA McCOY - YEA JUAREZ - YEA HOOVER -YEA KELLER-YEA MOTION CARRIED. BURROUGHS - YEA MAXWELL - YEA B. Rezoning Application No. 06-010-R - City Planning Consultant. Rezoning Application No. 06-010-R. Frank Altobello is the property owner. The application is to change the zoning designation from Holding (H) to Residential Multiple Family (RMF) for property located between Southwest 6th and 2nd Streets. Legal description: An unplatted parcel of land, shown as the Railroad Grounds, lying within the Plat of the City of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. 1. Motion to remove Rezoning Application No. 06-010-R from the III Board member Hoover moved to remove Rezoning Petition No. 06-010-R from the table; seconded by table. Board Member Burroughs. 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 advertisement, being a% in the matter of C in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of -7 Public Notice 500511 PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida will on Tuesda November 7, 2006 at 2:00 pm. or as soon thereafter possible, at Cil�f SE3r3Ave Dfiee�hobee, FL conduct a PUBLIC HEARING on and thereafter to consider final rea q�p of the f p Ordinance into law: NO.96 AN ORDINANCE OF THE CITY 0� OKEECHOBEE, FLORIDA AMENDING TH 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 RE- VISED FUTURE UIND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE The Ordinance ns to Application (No. 06-012-SSA) requesting to amend a por- Von of the Loompprehennsive Plan Future Land Use map, submitted by proppeerty owner Frank AAobeflo, Trustee. The request is to change Future Land Use desig- nation from Single Family to Mulh-Family, for unplatted vacant property located between Southwest 2nd and 6th Streets. The property is approximately 9.89 acres. All members of the pubic are encouraged to attend and participate In said hearing. The proposed Ordinance may be inspected in its entirety by members of the pub- lic in the Office of the City Clerk during regular business hours, Mon -Fri, 8am4:30pm, except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that it any person desires to appeal arty decision made by the City Council with respect to any matter considered at this hearing, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disability Act (ADA) and Florida Statutes 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Lane Gam otea no later than two (2) working days prior to the proceeding at 863-763-3372 x215; if hearing or voice impaired, call TDD 1-800-222-3448 ((voice) or 1-888-447-5620 (TTY). Lane Gamiotea, CMG, Clri CLERK 171682 ON 10/27/06 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 forAmblication in the said newspaper. Sworrtjfo d sub,,cri d before me this nC J. 2 A.D. 20 (_ C day ofgublic,StateofFloridaatITarge i "' P� '-; barmen R. Brown Notary = Commission #DD2721 IS Expires: Jan 17, 2009 �94. F�OF ""' `` Bonded ThRI Atlantic Bonding Co., lrc ExnIBIT 2 NOVEMBER 7, 2006 ORDINANCE NO. 962 AN ORDINANCE OFTHE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY ARTICLE III, DIVISION 8, SECTION 90-253 SPECIAL EXCEPTION USES, AND SECTION 90-512 SPACE REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number 716 known as the Land Development Regulations, and included requirements for special exceptions or use districts and off-street parking space requirements within the City; and WHEREAS, upon review of same, the City of Okeechobee, through staff analysis and being reviewed by the City's Planning Board, as the Local Planning Agency, at a duly advertised meeting, October 19, 2006, has determined that certain special exception uses should be specifically addressed within these regulations; and WHEREAS, the City of Okeechobee has determined that revisions of certain special exception uses are in the best interests of the City of Okeechobee and an appropriate and necessary promulgation of its authority; 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. Section 90-253 Special Exception Uses be amended as follows: Sec. 90-253. Special exception uses. The following uses and structures are permitted in the CLT district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (1) Restaurant, cafe. (2) Dry cleaner, laundry. (3) Private club, nightclub. (4) Business school. (5) Radio, television or cable reception transmission or operational facilities. (6) Commercial indoor recreation. (7) Commercial parking garage or lot, taxistand. (8) Outdoor vehicle sales lot. (9) House of Worship (10) Marina, dock, pier. (11) Enclosed storage. (12) Public facility or use. (13) Public utility. (14) Permitted uses in excess of 45 feet in height. (15) One dwelling unit per commercial building, not exeeedifto (LDR 1998, § 372) Language to be added is underlined Language to be deleted is to be atruck through Page 1 of 4 SECTION 2. Sections 90-512 Space regulations be amended as follows: Sec. 90-512. Space regulations. Off-street parking spaces are required as follows: (1) Residential Uses: Single or two-family dwelling 2 per dwelling Multiple -family 1 bedroom 1.75 per dwelling Multiple -family 2 bedrooms 2 per dwelling Multiple -family 3-4 bedrooms 2.25 per dwelling Mobile home park 2.25 per dwelling per unit or Bedroom Adult/assisted living facilities 1 per unit or bedroom (2) (3) (4) Commercial Uses: Shopping center, Retail store or service Furniture or appliance store Professional office, business office Medical office Nursery, lumberyard Restaurant, nightclub Barbershop, beauty shop Hotel, motel Auto service, repair or wash Automobile sales 1 per 300 square feet of floor area 1 per 500 square feet of floor area 1 per 300 square feet of floor area 1 per 180 square feet of floor area 1 per 250 square feet of floor area 1 per 75 square feet of customer service area 2 per service chair 1 per bedroom, plus 5 spaces, plus accessory uses 1 per 150 square feet of floor area 1 per 400 square feet of floor area Entertainment and Recreational Uses: Private club Health club Tennis, racquet or handball court Theater Indoor recreation Golf driving range Golf course Marina Institutional Uses: Government office, Courthouse or other public facilities Place or public assembly or worship Hospital Nursing home Junior high school Senior high school 1 per 300 square feet of floor area 1 per 150 square feet of floor area Include pool 2 per court, plus accessory uses 1 per 3 seats, plus 5 spaces 1 per 200 square feet of floor area, plus accessory uses 1 per tee, plus accessory uses 6 per hole, plus accessory uses 2 per 3 boat slips, plus storage for trailers and boats 1 per 400 square feet of floor area 1 per 3 persons in main auditorium 1 per bed 1 per 4 beds, plus 1 for each employee at maximum shift 3 per classroom 1 per 6 students, plus 1 space per staff member Language to be added is underlined Language to be deleted is to be struck throagh Page 2 of 4 College Day care, preschool, nursery 1 per 3 students, plus 1 space per staff member 1 per 5 students, plus 1 space per staff member In lieu of student parking, daycare, preschool and nurseries may provide off- street drop-off and pick-up area. Required parking forcommercial uses, government office, courthouse or other public facilities shall be calculated using net usable floor space. Such net space shall be calculated by excluding from square footage computation such space as mechanical, service, atrium, lobby and storage spaces. The areas used or covered by furnishings, office equipment, partitions, or other items used within usable floor area shall not be excluded from such computation. Usable floor area shall be considered net space, and would include those areas such as offices, waiting and assembly areas, courtrooms, conference rooms, jury rooms, restrooms, holding cells, and generally all space wherein people may meet or assemble to conduct the regular business of the facility. (5) Industrial Uses: Industrial, Warehouse (6) Use Not Specifically Listed 1 per 1,000 square feet of floor area up to 20,000 square feet plus 1 per 2,000 square feet of floor area to 40,000 square feet, plus 1 per 4,000 square feet of floor area over 40,000 square feet Parking spaces shall be the same as required for the most similar listed use. (LDR 1998, § 470; Ord. No. 815, §1, 2-4-03) 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. Language to be added is underlined Language to be deleted is to be struck through Page 3 of 4 INTRODUCED for first reading and public hearing on the 7" day of November, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED and ADOPTED on second and final public hearing this 51h day of December, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language to be added is underlined Language to be deleted is to be struck through James E. Kirk, Mayor Page 4 of 4 October 19, 2006 - Planning Board/Board of Adjustments and Appeals - Page 9 of 10 AGENDA IF ACTION - DISCUSSION - VOTE VI. NEW BUSINESS. A. Consider an Ordinance to amend Ordinance No. 716, Land Develop- Mr. LaRue questioned the Board whether there had been a motion at the last meeting concerning this ment Regulations, Particularly Article III, Division 8, Section 90-253 Ordinance? The Board replied that there was not a motion, that they had requested Mr. LaRue to add Special Exception Uses, and Section 90-512 Space Regulations; provid- additional verbage to broaden the scope of regulations. ing for an effective date. - City Planning Consultant. 1. Further discussion of Off -Street Parking requirements. - City Mr. LaRue again presented the proposed ordinance as was previously written. Board Member Hoover Planning Consultant. asked whether this Ordinance was for new restaurant owners? Mr. LaRue said that it would be the same for new or existing. Board Member Hoover also inquired, whether this ordinance would cover an increase in the customer area? Mr. LaRue replied that the parking only pertains to the customer area, not the areas where customers are not permitted, one per 75 square feet of customer service area. Mr. LaRue also stated that this should be more that adequate to accommodate parking. Where there is a building that cannot meet the requirements they will have to obtain a Special Exception. The rules are not that bad, some people just do not want to comply. Board Member Maxwell restated that he believes the ordinance should be clearer. Attorney Cook interjected that this ordinance is generic enough to cover all commercial uses. Board Member Maxwell asked whether this ordinance covered all applications? Mr. LaRue answered yes. Attorney Cook said that is is only a recommendation to the City Council, that have the authority and the option to change any part of the ordinance. Mr. LaRue suggested that in the future the City may need a City parking lot. Chairperson Ledferd asked whether there was any further discussion. There was none. Board Member Maxwell moved to recommend to City Council to amend Ordinance No. 716 Land Development Regulations, particularly Article III, Division 8, Section 90-253 Special Exception Uses, and Section 90-512 Space Regulations; providing for an effective date; seconded by Board Member Burroughs. VOTE LEDFERD-YEA HOOVER -YEA BURROUGHS - YEA McCOY - YEA KELLER - YEA MAXWELL - YEA JUAREZ - YEA MOTION CARRIED. EXHIBIT 3 NOVEMBER 7, 2006 ORDINANCE NO. 963 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING (H) TO PLANNED UNIT DEVELOPMENT(PUD) 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(s), Frank Altobello, Trustee, of the property more particularly described hereafter, has heretofore filed Petition No. 06-010-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 9.89 acre(s) from Holding (H) Zoning District to Planned Unit Development (PUD) 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, said petition(s) being reviewed by the City's Planning Board at a duly advertised meeting held on October 19, 2006, and submitted by staff report, which determined such petition(s) to be consistent with the Comprehensive Plan and is appropriate with the zoning uses within the City; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and hereby 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: An unplatted parcel of land, shown as the railroad grounds, lying within the plat of the City of Okeechobee, as recorded in Plat 5 Page 5, Public Records of Okeechobee County, Florida, Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. Being more particularly described as followed: Commence a the southwest corner of that parcel of land described in OR Book 452 Page 1439, Public Records of Okeechobee County, Florida and bear S 89*53'11" W along the north right-of-way line of SW 6" Street, to the intersection with the east line of Block 202, City of Okeechobee, a distance of Page 1 of 3 1010.82 feet; Thence bear N 00°04'58" W, along the east line of Block 202, a distance of 547.44 feet to the point of beginning; Thence continue N 00°04'58", a distance of 547.44 feet to the northeast corner of Lot 3, Block 202, City of Okeechobee; Thence bear N 89°54'50" E to the Southeast corner of that parcel of land described in OR Book 293 Page 257, Public Records of Okeechobee County, Florida, a distance of 704.88 feet; Thence bear N 00°04'58" W, a distance of 390.57 feet to the intersection with a curve in the southerly right-of-way of Southwest 2"d Avenue; said curve concaving to the northwest, having a radius pf 402.71 feet, a delta angle on 11011'52" and a long chord bearing N 62°53'33" E, a distance of 78.58 feet; Thence along arc of said curve a distance of 78.71 feet; Thence bear S 00°04'58" E, a distance of 534.67 feet; Thence bear S 89054'50" W, a distance of 49.69 feet; Thence bear S 00°06'02" E, a distance of 447.26 feet to the point of beginning. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Holding (H) to Planned Unit Development (PUD) Zoning District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 71" day of November, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor Page 2 of 3 PASSED AND ADOPTED after Second and Final Public Hearing this 51h day of December, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 3 of 3 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: p(p Petition No. b(o _ plC} -� Fee Paid: � Jurisdiction: ,�. +� lstxearing: 2ndxearing: Publication Dates: i D 1.11to + t a- o Notices Mailed: uuliurm ;Land use Application Rezone - Special Exception - Variance Name of property owner(s): FFRA14 x L.7- p r3E G L. D , A Owner mailing address: O { O KrCCNoBk,E P P Name of applicant(s) if other than owner (state re lationship): L I Applicant mailing address: C A Name of contact person (state relationship); — v JF F S UM ll ` R / KN I REAZWEL4 T I Contact person daytime hone(s): g43.7&,.7r gal 56/.795-aQpI Fax, 043.763.GG42A !�operty address / directions to property P R O P E R T Y o 5-, w. z Nv , Indicate current use of property: V Q 6a,t4 Describe improvements on property, includin nnmher/type of dwellings and whether occupied (if none, so state): - aN _ Approximate number of acres: C 9 is property in a platted subdivision? Q3 Is there a current or recent use of the proper- ih i ;5/Was a violation of count% ordinance9 if so, describe: N� Have there been any Land use applications cn ncern ng all or part of this property in the last year? If so, indicate date, nature and applicant's name: I Y O Is a sale subject to this application being gra nted? Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: 0 - DulAI Q - I hGk'r'_ A'4RCT 1. JOt47-H a�� �Su�BJ,CCi Describe adjoining land uses / improvements to the North: : South� �NdlL -- ��}CA�1 ! �� f/ce/?GF-i East: M t.: Vest: Existing zoning: 40 "i�i� Future Land Use classification tSF Z Actions Requested: L� Rezone (_ Special Exception (__) Vat lance Parcel Identification Number: E -5%5r9 7RoliG� 3�•35- ofbo - 000a�� o��Dd Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this aI -)plication is for use by the City of Okeechobee in processing my request. False or misleading information may punishablk ' by a fine of up to $501 00 and imprisonment f up to 30 days and may result in the summary denial of this application. _�R�4nlK_-�[.�LLo Si ature Printed Name Ap 1 L` - °� y► a0b& Date Uniform Land Use Application (rev lion) Page I of 2 Current zoning classification: 1461WO;AM, Requested zoning classification: R ' What is your desired permitted use under the proposed classification: E 0 N If granted, will the new zone be contiguous with a like zone? ye E S Is a Special Exception necessary for your intended use? IVD Variance? q /D Describe the Special Exception sought: S P � r / V / /* E C I Provide specific LDR ordinance citation: A L — Are there other similar uses in the area? Is so, describe: E X C E Why would granting your request be in the best interest of the area and residents? P T I O if business; briefly describe nature including nuinln of employees. hours. noise generation and activities to be HI conducted'ouwside of a building: Describe Variance sought: AIIA v A R Describe physical characteristic of property that ,hakes variance necessary: I A N C Did you cause or contribute to the characteristic? ]s so, describe: E What is the minimum variance necessary? Uniform Land Use Application (rev. 1iO3) Page 2 of 2 April 17, 2006 Frank Altobello P. O. Box 417 Okeechobee, FL 34973-0417 City of Okeechobee General Services Department 55 S.W. 3Td Avenue, Room 101 Okeechobee, FL 34974-2903 RE: Rezoning and Comprehensive Plan Amendment Request 9.89 acres Parcel 42-21-37-35-OA OO-00006-0000 To Whom It May Concern: This letter outlines my request to reze is i he above -referenced parcel from Holding and amend the comprehensive plan map to _ __ M F as outlined in the attached applications. Please contact me if you have any questions or require additional information. Thank you for your consideration of my request. Sincerely, Frank Altobello Trustee FA/sew EXISTING USE OF SURROUNDING PROPERTY East Owned by applicant, zoned NE, apartments to be constructed North Single family homes West Single family homes South Catholic Church r �t0500 PA010754 rnp.nd py aad mwn to: n.v;d t�r.n. )(v...... . I)AVIU. PPATTT AND AMR)CIATFS, RA. 2253 t Hoda Itord, Wit 125A Nora Kam. Fr. 33431 r561) N62- a4$6 Documentary Stamps paid In Ute amount Of $ 7D Class C Intartgit Tax paid In the amount of $ 6— Sharon Robertson. CW4 of Cuu)it Court Okear) DY 000OIP - porgy Tax Folio No: 2-21-37-35-OA00--Q-Q4 40 6900 WARRANTY DEED THIS WARRANTY DEED, made this I H/ day of (I I 1 2003, between FRANK ALTOBELLO, a man ied man,jo ined by his spouse, ETHEL ALTOBELLO, as to a two- thirds (2/3)interest, ofP.O. Box 417, Okeechobee, Okeechobee County, Flotida34973, GRANTOR, and FRANK ALTOBELLO, as Trustee of the FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III DATED AP RII,16, 2003, GRANTEE. GRANTOR and GRANTEE have the same address. THE GRANTOR, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, to said Grantor in hand paid by said Grantee, the receipt ofwhich is hereby acknowledged, has granted, bargained and sold to said Grantee and Grantee's successors and assigns forever, the following dcscnmd land situate in Okeechobee County, Florida, to -wit - (See attached Schedule "A" for complete legal description) This conveyance is subject to the follow tng 1 Zoning, restrictions. proh)huinns and other requirements imposed by govemmental authority. 2. Restrictions and mattes appeanng on the plat or otherwise common to the subdivision. 3. Public Utility easements of record. 4. Taxes for the year 2003 and subsequent years. and said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. Where used herein, the temts GRANTOR, GRANTEE and TRUSTEE shall be construed as singular or plural as the context requires. FRANK ALTOBELLO, Trustee, shall have the independent power and authority to protect, conserve, and to sell, or to lease, or to encumber, or otherwise to manage and to dispose ofthe real property conveyed by this deed. In the event FRANK ALTOBELLO cannot continue to serve as Trustee, the Successor Co - Trustees shall be CITICORP TRUST, N.A. (FLORIDA) ("CITI") and FRANK ERBY. If FRANK ERBY is unable to serve as Co -Trustee for any reason, then DAVID PRATT, ESQ. shall serve as Co -Trustee with CITI. If DAVID PRAT"P, ESQ. is unable to serve as Cc -Trustee for any reason, then TONY YOUNG, ESQ. shall serve as Co-Trusice with CITI. If all of FRANK ERBY, DAVID PRATT, ESQ. and TONY YOUNG, ESQ are unable to serve as Co -Trustee for any reason, then CITI shall serve as sole Trustee. The Successor Trustees are hereby granted the power la protect, conserve and to sell,or to lease, or to encumber, or othenv ise nr manage and dispose o f the real property described in this deed_ This conveyance issnhjectt rest :ctions.reser•ations,limitations, and easements ofrecord, taxes for the year 2003 and subsequent ve;w,;. and all mortgages of record which the GRANTEE herein assumes and agrees to pay, if un\ I11,10500 Phot0155 IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written. Signed, Sealed, and delivered in the presence oL- Egnature of Witness 4K4TOBELLO. Grantor Printed Name of Witness Signahue of Witness KALTOBELLO, as Attorney for ETHEL M. ALTOBELLO, Grantor Printed Name of Witness State of Florida ) ss, County of Palm Beach ) SUBSCRIBED, SWORN TO, AND ACKNOWLEDGED BEFORE ME this 14ay of 2003, by FRANK ALTOBELLO, Grantor, who f 41aSpersonally o to me, OR who ( ] has prod) Iced __ as identification and have not taken an oa(h. DANO KAII Notary Public; S!Pof Florida �rcou,ss a ,nsal Print Name:d,/ rxrars+W,m�>mc My Commission Expires: N.B. TW5 Deed tw bea p,epnmf I the G .es regiw r J-1 ex--Ll or Ie03 npinim of title. 6:H2471.1",—a-dur Wr) I r STATEMENT OF SPECIAL REASONS AND BASIS FOR REQUEST The basis for this rezoning and comp plan amendment request is a desire to change the zoning of the parcel to allow for the development of a multi fami.ly housing community. The applicant plans to utilize the property for multiple principal uses and structures permitted within the RMF District to include single family dwellings, two family dwellings and multiple family dwellings. The rezoning will be consistent with the rezoning on the adjacent parcel to the east which was the subject of rezoning petition 05-003-R. The property is the northwestern most 9.89 acres of Tax Parcel # 2-21- 37=35-OA00-00006-0000 North of S.W. 6th Street, between S.W. 10th Avenue and S.W. 7th Avenue. INTENDED USE The property is the northwestern most 9.89 acres of Tax. Parcel # 2-21-37=35- OA00-00006-0000 North of S.W. 6th Street, between S.W. 10th Avenue and S.W. 7th Avenue. The intended use of the property is the development of residential family housing utilizing a mixture of permitted residential structures and uses within the RMF zoning category. These mixtures of residential permitted structures within the RMF zoning category include single family dwellings, two family dwellings and multiple family dwellings. The development of the property will be consistent with all applicable zoning and land use requirements of the City of Okeechobee. I I SCALE f'-200' N& T �---- b OUTH PARK STREET I BLOCK 200 y BLK 201 ,&5B•' I L "6 �,ihes a s c1� BEIP ,�s ig2. SOUTHWEST 2ND AVE7dtlE-- is I 4M� 70' ie e: 1 I �I Em I ^ M I f50' mN � 1 I 1 2 R9F I 3 crs N89.54' 50' E 70A. B8' ors 5 b I a L1 7 Q a a AREA= 9.89 ACRES 4 9 U Ltl POINT OF BE61 NN I NG wW cc) R65 S85.53' 58' W 725. 33' SQ = 13 ti ly! 14 J� 7 o JQi = O 15 aj N 16 e p�ii� O 17 z QQ i i U 18 1 O1-9Z i i o T i QD- 20 i 21. e 22 23 589.53' 11' W 725.50' 35 m Ski 6TH STREET NCT S8953'11'W 1495. W CENrEat_IME aes n U z J 6 - Z O_ cn En uj U7 w o w b. J Q� m 3 o }}9 ;, 1 xl o� 969' 51' 52' W 249. 91' r CD 559.5?" i t' M 2fl5. 32'\ P�EB0439452 O SPrRE Q POfN7 OF COMMENCEMENT Y RAF Q Q ' U a ui ' R U z 4 - Z LEGEND co RBF - Rebar Found cn PBS - Reber W7Cep Set LUu cn IPF - Iron Pipe Found ¢ Q CMF - Concrete Monument Found PRM - Permanent Reference Monument a w (P) - As per the plat of (F) - Field Measurement CD (03 - As per the deed 'o CC) - Calculation Cr NOTES: 1. Basis bearing SH 6TH STREET m 2. Bearings ASSUMED $ J 3. Not valid Without the signature and the original rafse.O seal of a Florida licensed surveyor and mapper. 4_ NO DESCRIPTION EXIST 9 I STREET ADDRESS: N/A .. CERTIFIED TO: ROYAL PROFESSIONAL BUILDERS, INC. OESCRIPTfOM AN UNPLATTED PARCEL OF LAND, SHOWN AS THE RAILROAD GROUNDS, LYING WITHIN THE PLAT OF THE CITY OF OKEECHOBEE. AS RECORDED IN PLAT 5 PAGE 5 PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLOPfOA, SECTION 2f TOWNSHIP 37 SOUTH RANGE 35 EAST, OKEECHOBEE COUNTY. F100!01 BEING MORE PARTfCULAR DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND OESCRIBCO ,N OR BOOK 452 PAGE I439. PUBLIC RECOPO`; r)F nKcFCHOBEE COUNTY, FLOPifIA AND BEAR 56953, 11'a ALONG THE Nnorm, a:: R;-�; WAY r r,ve OF SW 5r" TO IHE 1NrEa5ECT1ON WITH rHE E"T Tr OF OKrr-,-";j, A O15rANCE OF 1010. B2 FEET THENCE BEAR NOO`04'56H,ALONG THE EAST LINK OF BLOCK 202,A DISTANCJ OF 547.44 FEET_ TO THE POINT OF BEGINNING: THENCE CONTINUE N00'04'56', A DISTANCE OF 547 44 FEET TO THE NORTHIA�;' CORNER OF LOT 3. BLOCK 202. CITY OF OKEECHOBEE. THENCE BEAR N89'54'50'E. TO THE SE CORNER OF THAT PARCEL OF LAND DESCRIBED IN OR BOOK 293 PAGE 257. PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. A DISTANCE OF 704. 88 FEET; THENCE BEAR NOO.04'58-H, A DISTANCE OF 398.57 FEET TO THE fNTERSECTi0h WITH A CURVE IN THE SOUTHERLY RIGHT -OF -NAY OF SOUTHWEST 2NO AVENUE, SA 10 CURVE CONCAVING TO THE NORTHWEST, HAVING A RADIUS OF 402. 71 FFFi. A DELTA ANGLE OF 11'11'52' AND A LONG CHORD BEARING N62'53'33'F_. A DISTANCE OF 78,56 FEET: THENCE ALONG ARC OF SAID CURVE A DISTANCE OF 78. 71 FEET: THENCE BEAR SOO.04'58•E, A DISTANCE OF 534, 67 FEET, THENCE BEAR S89.54'50'W, A DISTANCE OF 49. 69 FEET; THENCE BEAR S00'06'02'E. A DISTANCE OF 447. 26 FEET; THENCE BEAR S89'53'58'W. A DISTANCE OF 725 33 FEET TO THE POINT OF BEGINNING_ LELAND OYALS. RLS 2064 \ O QlV m Y O •a __j Q m Fort Myers, Florida 33901-2845 : Phone: 239-334-3366 Fax: 239-334-6384 • Email: large-plannin2a.att.net Applicant: Jel-TSSumner Owner.- FrankAltobello From: Holding To: RW Petition No. 06-010 R Staff Report Rezoning Request Applicant: Jeff Sumner/Altobello Petition No.: 06-010-R - L i4i Owner Address: • Okeechobee, Fl. 3497' # q -. ..._.-. 'kx.+,?:a. -1'�L ._m,J. ...v, a.... �t. _.., ... .., .i'�-. ... .`rY<....� ..».-. c�.fib ,.s.Y �-$ 6r•._,�.`�jo�'F?sZ,�.'"1�... Future Land Use Map Classification Single Family Malta Family ¢ -•`" "Ft"+Liv. Use of Property Vacant Multi family housing AN Legal Description: An unpintted parcel of land, shod" as thi radroad grounds, iv1n41 vEithire the plat of the C'&t of )keechohee. as recorded in Plat 5 Page 5, Public Records of Okeechobee County, Florida, Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. Being more particularly described as followed: Commence at the southwest corner of that parcel of land described in OR Book 452 Page 1439, Public Records of Okeechobee County, Florida and bear S 89°53'11" W along the north right-of-way line of SW 6ch Street, to the intersection with the east line of Block 202, City of Okeechobee, a distance of 1010.82 feet; Thence bear N 00104158" W, along the east line of Block 202, a distance of 547.44 feet to the point of beginning; Thence continue N 00004'58", a distance of 547.44 feet to the northeast corner of Lot 3, Block 202, City of Okeechobee; Thence bear N 89°54'50" E to the Southeast corner of that parcel of land described in OR Book 293 Page 257, Public Records of Okeechobee County, Florida, a distance of 704.88 feet; Staff Report Applicant: Jeff Sumner/Altobe'llo Rezoning Request Petition No.: 06-010-R Thence bear N 0000415811 W, a distance of 398.57 feet to the intersection with a curve in the southerly right-of-way of southwest The applicant is requesting a rezoning for the subject property from Holding to RMF. Zoning District. RSF-1 # i , ClaSSlf-l( dI��} Zoning District: RMF a� l r ..IMP .., .0 r >ul� ' �ttlr� and use Map Cl is i l ication: 4 STI191T., . Zoning District: Holding Existing Land Use: Vacant West;., Future Land Use. Map Cris ;i Cl cation'. Single Family Zoning District: RSF-I The applicant is requesting a change from holding to R1VIF. Concurrent to this request, the applicant is requesting the Multi -Family Future Land Use category to develop the subject property as a multi -family development. "17le Multi -Family category would allow apartments, duplexes, and condominiums at a maxim urn density of 10 w-lits per acre. This could allow up to 99 units on the subject property. 1. The proposed use is not contrary to Co�;,rp-ehens ive Plan requirements. As proposed, the applicant's request would he inconsistent with the proposed Multi -Family Land Use category as intended in the F`utl,,re Land Use Element of the City's Comprehensive Plan. 2 Staff Report Rezoning Request Applicant: Jeff SumnerlAltobello Petition No.: 06-010-R 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The RW Zoning District allows a variety of uses, including multi -family housing. However, the subject property would seem to be more consistent with Comprehensive Plan policies by remaining in the Single -Family Future Land Use category classification and have development limited to Single -Family residences. 3. The proposed use will not have an adverse effect on the public interest. The existing neighborhood seems to reflect a low level of residential intensity especially to the West of this property. Residential Multi -Family dwellings especially on the western side of this property would be inconsistentwith the existing pattern of the neighborhood. This area, if allowed to be changed to Multi -Family, could cause more rezonings in this single- family area. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses. and is not contrary or detrinrent(7l to urbanizing land use patterns. No. the use is not appropriate for the locewon until the applicant submits a traffic analysis of the impacts from the subject properly .i )d 1hr­ adjacent property which ,; as amended and rezoned las( year. It is also not knov\" the drainage impacts would be if this M-C;1 v>as intensified to Multi -Family. �is thought that this parcel would be combined with the area to the east, now it seems icy he a stand alone project.. 5. The proposed use will not adversely affect property values or living conditions, of be a deterrent to the improvement or development of adjacent property. The proposed use could adversely afCcct living conditions of the adjacent properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood If granted, buffering would be determined during the site plan review phase. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Yes, if granted, the proposed use and other rezonings could overburden water, sewer, schools, and streets unless the impacts are fully planned for. 3 Staff Report Applicant: Jeff SumnerlAltobello Rezoning Request Petition No.: 06-010-R 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Yes, traffic congestion could be a problem if rezonings of this size and intensity are allowed to continue. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the proposed use has not been inordinately burdened. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the pzihlic welfare. The proposed change could cnnstitute. a grant of special privilege if approved without full analysis. Summary and Conclusitins I�r�or to `CertificOton j Based on the above information. it is i"t,commcnded that this application for rezoning be deemed inconsistent with the Comprehensive PlHn Staff recommends denial of the request to allow rezoning from Holding to RMF but if the Future Land Use is recommended to change to multi -family staff would recommend a rezoning to PUD rather than the RMF zoning district. Submitted by: James G. LaRue, AICP Planning Consultant October 11, 2006 0 �..`01 I , `F S } ,• 1 i i r y G }r y October 19, 2006 - Planning Board/Board of Adjustments and 5of10 V. PUBLIC HEARING CONTINUED. A. 3. Comprehensive Plan Map Amendment Petition No. 06-012-SSA, continued. Mr. Climaco Cardenas, Royal Architect and Design Of Urban Designer Planning explained to the Board the relationship of the plant and the housing development. These two entities are only one mile apart. We want to focus on quality of life. Employees who live in the development could ride their bicycles to work. The design of the housing is going to DCA for approval. We are also going to produce modular town homes. The plant can produce 4,000 units a year. Board Member Juarez inquired of the cost of the units. Mr. Cardenas said it was a good incentive to the employees. Our goal is not to make a profit from the employees. We are trying to provide quality. Chairperson Ledferd asked whether there were any further discussion. There was none. • Board Member Burroughs moved to find Comprehensive Plan Map Amendment Petition No. 06-012-SSA consistent with the Comprehensive Plan, and recommend to approve to City Council; seconded by Board Member Maxwell. LEDFERD - YEA HOOVER -YEA BURROUGHS - YEA McCOY - YEA KELLER - YEA MAXWELL - YEA JUAREZ - YEA MOTION CARRIED. B. Rezoning Application No. 06-010-R - City Planning Consultant. Rezoning Application No. 06-010-R. Frank Altobello is the property owner. The application is to change the zoning designation from Holding (H) to Residential Multiple Family (RMF) for property located between Southwest 6th and 2nd Streets. Legal description: An unplatted parcel of land, shown as the Railroad Grounds, lying within the Plat of the City of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, Section 21, Township 37 South, Range 35 East, . Okeechobee County, Florida. l . Motion to remove Rezoning Application No. 06-010-R from the Board member Hoover moved to remove Rezoning Petition No. 06-010-R from the table; seconded by table. 11 Board Member Burroughs. October 19, 2006 - Board/Board of Adiustments and Appeals - PaQe 6 of 10 V. PUBLIC HEARING CONTINUED. B. 2. Vote on motion. 3. Consider Rezoning Application No. 06-010-R. Frank Altobello is the property owner. The application is to change the zoning designation from Holding (H) to Residential Multiple Family (RMF) for property located between Southwest 6th and 2nd Streets. Legal description: An unplatted parcel of land, shown as the Railroad Grounds, lying within the Plat of the City of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. - Planning Consul- tant. VOTE LEDFERD - YEA HOOVER - YEA BURROUGHS - YEA McCOY - YEA KELLER - YEA MAXWELL - YEA JUAREZ - YEA MOTION CARRIED. Staff Report 1. The proposed use is not contrary to Comprehensive Plan requirements. As proposed, the applicant's request would be inconsistent with the proposed Multi -Family Land Use category as intended in the Future Land Use Element of the City's Comprehensive Plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The RMF Zoning District allows a variety of uses, including multi -family housing, however, the subject property would seem to be more consistent with Comprehensive Plan policies by remaining in the Single - Family Future Land Use category classification and have development limited to Single -Family residences. 3. The proposed use will not have an adverse effect on the public interest. The existing neighborhood seems to reflect a low level of residential intensity especially to the West of this property - Residential Muhi-Fainl1v dwellings especially on the western side of this property would be inconsistent with the existing pattern of the neighborhood. This area, if allowed to be changed to Multi -Family, could cause more rezonings in this single-family area. 4. The use is appropriate for the location proposed. is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The use is not appropriate for the location until the applicant submits a traffic analysis of the impacts from the subject property and the adjacent property which was amended and rezoned last year. It is also not known what the drainage impacts would be if this area was intensified to Multi -Family. Previously, it was thought that this parcel would be combined with the area to the east, now it seems to be a stand alone project. 5. The proposed use could adversely affect living conditions of the adjacent properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. If granted, buffering would be determined during the site plan review phase. 7. The proposed application if granted could overburden water, sewer, schools, and streets unless the impacts are fully planned for. 8. Traffic congestion could be a problem if rezonings of this size and intensity are allowed to continue. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. 10. The proposed change could constitute a grant of special privilege if approved without full analysis. October 19, 2006 - Planning Board/Board of and 7of10 • • V. PUBLIC HEARING CONTINUED. B. 3. Rezoning Application No. 06-010-R continued. QUASI-JUDICIAL C. Consider Special Exception Petition No. 06-011-SE: To allow an enclosed warehouse and storage within a Heavy Commercial (CHV) Zoning District (ref. LDR's Sec. 90-283(4)) submitted by property owner John Jones, dba C & J Investment Enterprises, Inc. The subject property is located at 1301 North Parott Avenue and 1307 North Parrott Avenue. Legal description: Lots 4-6 and Lot 26 of Block 3, City of Okeechobee Subdivision, Plat Book 2, page 17, Public Records St. Lucie County, Florida, also Plat Book 5, Page 5, Okeechobee County, Florida is approximately 0.672 acre(s). - Planning Consultant. Recommendation: Staff recommends denial of the request to allow rezoning from Holding to RMF but if the Future Land Use is recommended to change to multi -family staff would recommend a rezoning to PUD rather than the RMF zoning district. Mr. LaRue said that he would work with the applicant for a PUD Zoning to develop Multi -Family and Single Family, with four units per acre. This would have more in terms of street frontage, more open space, and less density. Board Member Hoover asked whether all present was in favor of that? The Board and the Developers concurred. Mr. Ledferd asked whether there were an comments from the public. There were none. Board Member Burroughs moved to find Rezoning Petition No. 06-010-R consistent with Comprehensive Plan and recommended the Planned Unit Development District Zoning to the City Council; seconded by Board Member Juarez. LEDFERD-YEA McCOY - YEA JUAREZ-YEA VOTE HOOVER -YEA KELI.ER - YEA MOTION CARRIED. BURROUGHS-YEA MAXWELL - YEA Consider Special Exception Petition No. 06-011-SE: To allow an enclosed warehouse and storage within a Heavy Commercial (CHV) Zoning District (ref. LDR's Sec. 90-283(4)) submitted by property owner John Jones, dba C & J Investment Enterprises, Inc. The subject property is located at 1301 North Parott Avenue and 1307 North Parrott Avenue. Legal description: Lots 4-6 and Lot 26 of Block 3, City of Okeechobee Subdivision, Plat Book 2, page 17, Public Records St. Lucie County, Florida, also Plat Book 5, Page 5, Okeechobee County, Florida is approximately 0.672 acre(s). Staff Report: A. The subject property has a Future Land Use classification of Commercial which allows the commercial activities being requested by the applicant. Therefore, the proposed use is not contrary to the Comprehensive Plan. B. Section 90-283 (4) of the City's Land Development Code allows enclosed warehouse and storage as a special exception use within the CHV Zoning District. C. The proposed use will not have an adverse effect on the public interest. ExnIBIT 4 NOVEMBER 7, 2006 2431 SE Dixie Highway OWN Stuart, FL 34996 MATHERS ENGINEERING Phone: (772) 287-0525 CORPORATION SERVICE AGREEMENT Fax: (772) 220-8686 Service Agreement No. ENG This agreement is made this day of 2006, by and between the Provider of Services and the Client shown on this Service Agreement. Provider of Services: Mathers Engineering Corporation 2431 SE Dixie Highway Stuart, Florida 34996 The parties mutually agree to the following: Client: City of Okeechobee 55 SE 3"' Avenue Okeechobee, FI, 34974 1. PROJECT NAME: General Drainage Overview for City of Okeechobee, Florida in connection with the Master Drainage Plan of South Florida Water Management District's Okeechobee Lake improvements. 2. LEGAL .DESCRIPTION: not applicable to Service Agreement. 3. GENERAL DESCRIPTION OF SCOPE: 1) Collection and investigation of background data; 2) preliminary analysis of City's drainage as it relates to the SFWMD Master Drainage Plan -,-- and 3) oral presentation to the City Council of firm's recommendation in regards to the SFWMD Master Drainage Plan and how the City should proceed with the local and state agencies in this process. 4. RATE SCHEDULE: See Attachment "B" 5. ADDITIONAL SERVICES: Additional Services are those which are shown as not included as part of this contract and any other items requested by the client which are not shown as a part of this contract. Payment for Additional Services, when requested or required, shall be based on the hourly rate schedule attached to this Service Agreement; or shall be based upon a mutually agreed upon fixed amount prior to commencement of each additional service. Mathers Engineering Corp. agrees to process additional service work in a timely manner. All invoices for additional services shall have a description of the work. 6. BLUEPRINTS: Prints are not included and will be billed at our cost to client. 7. SERVICE AGREEMENT AMOUNT: $ 2,500.00 8. PAYMENT TERMS TO THE PROVIDER OF SERVICES: . Amount due at completion presentation before City Council $2,500.00 (Provider of Services) William J. Mathers, President Mathers Engineering Corporation (Client) Print Name: Address: ��- Wir MATHERS ENGINEERING CORPORATION STANDARD PROVISIONS DEFINITIONS 2431 SE Dixie Highway Stuart, FL 34996 Phone: (772) 287-0525 Fax: (772) 220-8686 a. "Client' shall mean the person, owner, firm, or corporation for whom the Services are to be performed, identified on the face ofthis Service Agreement. b. "Provider of Services" shall mean the Company named on the face of this Service Agreement and will herein be known and called the "Provider". C. "Client Order" shall mean the purchase order, request, authorization (written or verbal), or other notification and addition or modification thereto whereby Client indicates its desire that Provider of Services furnish services. d. "Provider of Services Proposal" shall mean the letter, proposal, quotation, or other notification, including any response to a Client Order, wherein Provider of Services offers to furnish services and to which these Standard Provisions are attached. e. "Services" shall mean the services described in the Provider of Services, Proposal, Attachment "A", or Client Order and any other services as may be added to or performed in connection with this contract. f. "Contract" shall mean this Service Agreement and the Standard Provisions, and the Provider of Services Proposal, and shall include, only to the extent not inconsistent with any aspect of the Provider of Services Proposal and these Standard Provisions, the provisions of the Client Order. 2. EQUIPMENT AND ACCESS TO SITE Provider will provide the specialized portable test equipment required for those items under the Scope of Services which involve field testing. Client will provide Provider with access to all facilities involving field survey services and will make available for Provider use such as maps, drawings, and records as are needed for the proper conduct of the Services. BILLING Unless specified otherwise in the Provider of Services Proposal, Provider shall be compensated as follows: a• Unless otherwise stated in the Service Agreement portion of this contract the Time and Material rates charged are those contained in Schedule `B". These rates may be increased during the term of this contract within sixty (60) days of written notification. by Provider to the Client. Trip preparation, travel, and direct supervision will be included. When Provider personnel are engaged in performance of Services away from Provider offices, Client shall reimburse Provider for all costs incurred in connection with Services rendered which may include: travel, lodging expenses, etc. Any equipment used, if required for performance of Services, will be billed out at customary rates. In addition to payments provided for the services rendered, Client shall pay Provider actual costs of all reimbursable expenses including but not limited to, blueprinting, plotting, messenger fees, mileage, postage, including express mail fees, etc.. Reimbursable expenses are defined as out-of-pocket expenses incurred by the Provider in connection with the project for all basic and additional services and supplies. 2 �/ MATHERS ENGINEERING CORPORATION 2431 SE Dixie Highway Stuart, FL 34996 Phone: (772) 287-0525 Fax: (772) 220-8686 Should personnel assigned to performance of the Services be required to work on Saturdays, Sundays, or legal holidays, or in excess of eight (8) hours of any weekday, such personnel will receive overtime compensation, the premium portion of which will billed to the Client at cost to Provider of Services. C. Provider invoices are rendered monthly and are payable upon receipt unless modified by provisions in the Service Agreement signed by the Client and Provider. Invoices past due ten (10) days shall bear and incur interest at the rate of 1.5% per month from the billing due date. Client shall notify provider in writing within 5 days of receipt of any disputed charges. Both parties will promptly resolve the disputed portion of the charges and the Client agrees to promptly pay the resolved amount of the disputed portion. Client shall be considered in default of this Agreement, if Provider does not receive payment in full for invoiced services with ten (10) days of invoice date. Upon default, Engineer may suspend or terminate services under this Agreement, without incurring any liability or suspension or termination. d• The Client is the owner of the previously described property or warrants that he/she has obtained the owners written consent and agreement that any, and all further owners, of said property shall take title pursuant to the Standard Provisions of this Contract. e• If any invoice or portion thereof remains unpaid more than sixty (60) days following invoice date, the Provider may initiate legal proceedings to collect same including all legal, employee, and office expenses incurred. In the event Provider liens the property and/or hires an attorney to collect Provider's fees, Client agrees to pay reasonable attorney's fees for collections, trial and appeal, including, all costs and interest. The venue of legal proceedings shall be Martin County, Florida. The Client acknowledges and agrees that the payment for services rendered and expenses incurred by the Provider pursuant to this agreement is not subject to any contingency unless the same is set forth in the Service Agreement portion of this contract. 4 RESPONSIBILITY FOR SERVICES a. Under the performance of Services under this Contract, Provider and its employees shall exercise the degree of skill and care required by customarily accepted good practices and procedures. The total liability of Provider and its employees, in contract, tort, or otherwise (including negligence, warranty and strict liability) for failure to meet the foregoing standards or otherwise arising out of the performance of this contract, shall not on any event exceed the lesser of (1) the total charges for Services performed under the Contract or (2) 3,000.00 The provisions of this Contract providing for limitation of or protection against liability shall apply to the full extent permitted by law and without regard to fault or negligence. The Provider makes no further warranties, express or implied, with respect to its performance under this contract. b. In. the course or performance of its Services, Provider may rely upon information supplied by Client or Client's contractors or consultants, or information available form generally accepted reputable sources without independent verification. C. The Client assumes all the responsibility for construction site safety, the Provider shall not be responsible for construction site safety. d• No guarantee is expressed or implied for the action of government officials to provide the desired approvals. 3 2431 SE Dixie Highway Stuart, FL 34996 W,, MATHERS ENGINEERING Phone: (772) 287-0525 Fax: (772) 220-8686 CORPORATION a In the event litigation in any way related to the services performed hereunder is initiated against the Provider by the Client, its contractors, or subcontractors, and such litigation concludes with the entry of a final judgement favorable to the Provider, the Client shall reimburse the Provider for all of its reasonable attorney's fees and other expenses related to said litigation. Such expense shall include, but not be limited to, the cost, determined at the Provider's normal hourly billing rates, of the time and direct expenses devoted to the defense of such litigation by Provider employees. f. If Client maintains all of builders risk or other physical damage insurance, whether direct or indirect, including but not limited to boiler, machinery, fire, and outage insurance, or enters into a so-called "wrap-up" insurance agreement, Client agrees to waive all rights of recovery against Provider with respect to loss or damage which is covered by such insurance coverage. Client also waives all liability Provider arising from loss of or damage to property of Client, and further agrees to indemnify Provider against all such liability, whether or not such loss or damage is covered by insurance policies maintained by Client and whether or not such loss or damage results or is alleged to result from the fault or negligence, including sole negligence, of Provider under paragraph 10.a above. g. Performance by Provider of any quality assurance or vendor quality assurance services shall in no way constitute an assumption by Provider of any, or relieve a contractor, manufacturer or supplier from full responsibility for delivery of all services, materials, equipment, and documentation in strict accordance with the requirements of the contractor, manufacturer, or supplier/Client purchase contract. h. Drawings and Specifications as instruments of service are and shall remain the property of the Provider whether or not the Project for which they are made is executed. They are not to be used by the owner on other projects or extensions to this Project except by agreement in writing and with appropriate compensation to the Provider. INSURANCE a. During the course of performance of the Services, Provider will maintain for the protection of Provider of Services and its employees the following insurance coverages: TYPE OF COVERAGE LIMITS OF LIABILITY Workers' Compensation and Employers' Liability, including Statutory Coverage under United States Longshoremen's and Ilarbor Workers' Act, where applicable. Comprehensive General Liability, including Contractors' 1,000,000.00 Single Limit, Protective Liability and coverage for Property Damage caused Combined for Personal Injury/ by blasting, collapse or structural injury and/or damage to Property Damage underground utilities. b. If requested by Client, Provider shall deliver to Client certificates of insurance completed and will not be cancelled or materially changed until thirty (30) days after written notice is given. to client. 4 .I/ MATHERS ENGINEERING CORPORATION El DELAYS 2431 SE Dixie Highway Stuart, FL 34996 Phone_ (772) 287-0525 Fax: (772) 220-8686 Neither party shall be considered in default in the performance of its obligations under this Contract to the extent that the performance of such obligations is prevented or delayed by any cause beyond the reasonable control of the affected party, and the time for performance of either party hereunder shall in such event be extended for a period equal to any time lost as a result thereof. CHANGES AND TERMINATIONS Client shall have the right to make changes within the general scope of the Services upon execution of a mutually accepted change order. Client shall also have the right to terminate this Contract prior to completion of the Services, after reasonable notice to Provider of Services in writing, in which event Client shall pay Provider of Services all amounts due Provider of Services hereunder up to the effective date of termination, plus Provider of Services' reasonable costs incurred after such date in terminating the Services. PRECEDENCE AND DIVISIBILITY The provisions of the Provider of Services Proposal and these Standard. Provisions shall fully govern any Services furnished by Provider and shall prevail over and render void any inconsistent or conflicting provision of the Client Order. If any term, condition, or provision of this Contract is declared void or unenforceable, or is limited in its application or effect, such event shall not affect any other provision hereof and all other provisions shall remain fully enforceable. ENTIRE AGREEMENT This contract contains the entire agreement between the parties as to the Services rendered hereunder. All previous or contemporaneous agreements, representations, warranties, promises, and conditions relating to the subject matter of this Contract are superceded by this Contract. CERTIFICATE OF MERIT The Client shall make no claim for professional negligence either directly or by way of a cross complaint against the Provider (Consultant) unless the Client has first provided the Consultant with a written certification executed by an independent consultant currently practicing in the same discipline as the Consultant and licensed in the State of Florida. This certification shall: a) contain the name and license number of the certifier; (b) specify the acts or omissions that the certifier contends are not in conformance with the standard of care for a consultant performing professional services under similar circumstances; and c) state in detail the basis for the certifier's opinion that such acts or omissions do not conform to the standard of care. This certificate shall be provided to the Consultant not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any arbitration or judicial proceeding. This Certificate of Merit clause will take precedence over any existing state law in force at the time of the claim or demand for arbitration. 11. CODE COMPLIANCE The Provider shall put forth reasonable professional efforts to comply with applicable laws, codes and regulations in effect as of the date of the execution of this Agreement. Design changes made necessary by newly enacted laws, codes and regulations after this date shall entitle the Provider (Consultant) to a reasonable adjustment in the schedule and additional compensation in accordance with the Additional Services provisions of this Agreement. 2431 SE Dixie Highway �a Stuart, FL 34996 MATHERS ENGINEERING Phone: (772) 287-0525 CORPORATION Fax: (772) 220-8686 ATTACHMENT "B" MATHERS ENGINEERING CORPORATION RATE SCHEDULE — EFFECTIVE JANUARY 1 2006 PRINCIPAL ------------------------------------------ -- - -- $ 150/hr PROFESSIONAL ENGINEER -------------------------- ----- --- $ 135/hr PROJECT MANAGEMENT ------------------------ ---------------------------------- $ 95/hr ENGINEERI ----------------------------------------------------------- $ 95/hr ARCHITECTI ------ -------------------------------------------------- COMPUTER DESIGN & DRAFTING ------------------- _ $ 75/hr ADMINISTRATION -------------------------- --- $ 50/hr TIME & MATERIAL POLICY The Company Policy regarding payment of Time and Material Engineering Work is as follows; All Invoices must be paid prior to: (A) County or Agency Submittals, (B) The release of Plans Signed or Unsigned, (C) Final Certifications. NOTES: (1) Principal Time may be figured upon a percentage basis. (2) Site Inspections are a Minimum of One (1) hour chargeable time; Time includes travel to and from site. (3) Subcontractor Costs will be Invoiced at direct cost plus 10% fee. EXHIBIT 5 NOVEMBER 7, 2006 TO: Mayor and Council Members z )1"� FROM: Lane Gamiotea, City Clerk j SUBJECT: Alley Closing Application No. 83 DATE: November 2, 2006 Mr. Goodbread submitted a copy of a deed whereby he purchased a parcel of land on September 25, 2002, located between Blocks 172 and 206. The deed is from the Frieda E. Hamrick Estate and includes the legal description of a North to South alleyway located within the South -end of the block. This entire block is an unusual layout, please refer to attached map to get a better understanding. Attorney Cook advised that Mr. Goodbread would still need to complete an application, have it signed off by all the utility companies, as he did and is attached. No easements are necessary for this closing. City Engineer Bermudez has attached a memorandum of objection. Since this is an unusual situation, basically a housekeeping item, and Mr. Goodbread has been paying taxes on the alleyway, I went ahead and drafted the normal alley closing ordinance. Attorney Cook has reviewed it as well. Should Council wish, you may proceed with the first reading of the attached proposed Ordinance No. 964 at the November 7, 2006 meeting with the final public hearing to be scheduled for December 5, 2006. Please advise if you have any questions or wish to discuss this matter. ORDINANCE NO. 964 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 172/206, FIRST ADDITION TO OKEECHOBEE, AS RECORDED IN PLAT BOOK 2, PAGE 26, 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. 83) from Bradley G. Goodbread, on behalf of George Goodbread, for the closing of a certain alleyway as described in this ordinance to utilize the 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 Ol..eechobee 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: The alley running North to South, located directly West of Block 206, between Lots 4 to 5 within the FIRST ADDITION TO OKEECHOBEE, according to the plat thereof recorded in Plat Book 1, Page 11 of the public records of Okeechobee County, Florida. 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 5' day of December. 2006, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 71' day of November, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk Page 1 of 2 James E. Kirk, Mayor PASSED and ADOPTED on second and final public hearing this 5 1h day of December, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor Please type or print: crT�r�s7 dam, •th' M—.0i Signature of pa-9el CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION fir.. ���r �. �'xyo�rs Print Name r 2s-7 S- 70 e 5 if more than two j led above. If propel it stating their cons i a street/alley in tn'e"CIT tivision's there may a Gil Culbreth 3550 US HA G & N 6c711 0Ar6_: 407-5 lZa2.1641 01AJ b Signature of Co -Applicant Print Name The foregoing instrument was acknowledged before me this t) 2tg r., �JA ( d 0c)6 by and (sate) (appllicant - — , who is personally known to me or (co applicant) who produced as identification and who did (did not) take oath. i Notary Public, Commission No. I ffiY oe1�ry inature� [ Enrico ,�FYYL'y �t ?; .Commission #DTJ359518 ( f N Name o Notary typed, printed or stamped) Y YP obi :.• �. Goaded Thru Atlantic !?onding CO., 3nc. R�j c /A Prepared by and return to: Kurt Stephen Hilberth Attorneat Law Hunter & Hunter, P.A. 1930 Tyler Street Hollywood, FL 33020 954-925-8080 File Number: 32049 Will Call No.: 163 (•! r !�, Iles paid in ne arlwcif riJNa ,fax paid n the a ant ut �. _ _ Shartti"1 Fiiafyt r� of Circuit Cottr( - ty, Fla .,lyl _ r i).c.. pace Above Fl- I.;ne For Recording Data Personal Representative's Deed a This Personal Representative's Deed made this 2- day of S� __04Ae Culbreth, Jr. as Personal Representative(s) of the Estate of Frieda E. Hamrick, deceased OwOhose post ofetween fice egaddress is 1700 S.W. 16TH Street, Okeechobee, FL 34973, grantor. and George Goodbread, individually whose post office address is 12575 Highway 70 East, Okeechobee, FL 34972, grantee (Whenever used herein the terms grantor and grantee include all the panics In this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has Granted, bargained, and sold to the said grantee, and grantees heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida, to -wit: Beginning at the intersection of the North boundary of 6th Street and the East boundary of Parrott Avenue, accoriding to the plat of FIRST ADDITION TO OKEECHOBEE, according to the plat thereof recorded in Plat Book 2, Page 26, public records of St. Lucie County, FLorida, and run East along the North boundary of 6th Street a distance of 142.5 feet for a point of beginning, thence run North a distance of 95 feet, then run West a distance of 142.5 feet to the East boundary of Parrott Avenue, then run North along the East boundary of Parrott Avenue a distance of 110 feet, then run East and parallel to the North boundary of 6th Street a distance of 300 feet to the West boundary of Tallahassee Street, then run south along the West boundary of Tallahassee Street a distance of 205 feet to the Southeast Corner of Block 206, FIRST ADDITION TO OKEECHOBEE, then run West a distance of 157.5 feet, more or less, to the point of beginning. Said land lying in and comprising a part of Government Lot 1 in Section 21, Township 37 South, Range 35 East. -6,\ Parcel Identification Number: 3-15-37-35-0010-01720-0030 & 0040 •3v� Grantor warrants that at the time of this conveyance, the subject property was not the Decedent's homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property, Decedent's residence and homestead address is: 315 SE 3rd Avenue, Okeechobee, FL 34974. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. DoubleTime® PaJ e Id C� R t t 'r I,lc t., B u Q 5 9 5 And the grantor hereby covenants with said grantee that the grantor has good right and lawful authority to sell and convey said land; that the grantor warrants the title to said land for any acts of Grantor and will defend the title against the lawful claims of $II persons claiming by, through, or under Grantor. In Witness Whereof, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: A/'�� L/. l / i✓ )-o %/ es Witness me: W' ss Name: State of Florida County of Okeechobee I -high Gilbert Culbreth, Jr. Personal Representative The foregoing instrument was acknowledged before me this �.5'{� day ofbert � Culbreth• Jr., Personal Representative of the estate of Frieda E. Hamrick, deceased, who�[✓ris personnally 02 known to mby Hugh e or [_] has produced a driver's license as identification. [Notary Seal] t"'� Judith M. Mobley *+ MY COMMISSION # CC896800 EXPIRES May 5, 2003 pr 14p0 BONDED THRU TROY FAIN INSURANCE, INC 378405 SV'q.R, 1 700 NvT � SCA�ta l C Na ary Public, State of Florida Printed Name: My Commission Expires: ?001) nf-- II ' SHARO�,' I R01n I'- CLEtRK OF CIRGU! , COu%- DoubleTimee Pc � e i Page 2 ap0`Il tibn to the foilo�nrir � � it Wted with a Dhone: rriu ` g�a Authorized Sig ature Typed Name & Title Phone No. Date Authorized Signature Typed Name & Title Phone No. Date Authorized Signature Typed Name & Title Phone No. Date J !zed Sig atu a Typed Name & Title Phone No. Date uired Only For City of Okeechobee & First Addition to City of Okeechobee Subdivisions: "T t O'ai�ir#F�"'h ' A4 Fi �� ,� C .-L/�i J! i7 1�h /i J/I Autho lzed Signature Typed Name & Title Phone No. Date -4444 Voice I Data I Internet I Wireless I Entertainment EMBAfRIW Embarq Corporation Mailstop: FLAPKA0305 P.O. Box 165000 Altamonte Spgs, FL32716-5000 EMBARQ.com September 7, 2006 Mr. Bradley G. Goodbread Goodbread Ranches 12575 Highway 70 East Okeechobee, FL 34972 Dear Mr. Goodbread: I am in possession of your letter of September 1, 2006, Embarq Florida Inc., has no objection to closing the alley in Okeechobee, Florida, which is described as: The North/South alley bisecting Lots 4 and 5, Block 172, City of Okeechobee. Please call me should further discussion be needed. Yours truly, ohn Hopkins John Hopkins Voice: (407) 889-1627 Wireless: (407) 694-8340 Fax: (407) 889-1636 J OKEECHOBEE UTILITY AUTHORITY 100 S.W. 5th Avenue Okeechobee, Florida 34974-4221 September- 11, 2006 Bradley G. Goodbread 12575 HWY 70E Okeechobee, FL 34972 (863) 763-9460 FAX: (863) 763-9036 Re: Application for Abandonment of Alley, (North -South Alleyway, Bordering Lots 4 & 5, Block 172, City of Okeechohee) Dear Mr. Goodbread: The Okeechobee Utility Authority (OUA) has reviewed your request to abandon the alleyway as referenced above. OUA has no utilities within the described areas and, therefore, has no objection to the Application for Abandonment. However, as discussed, the OUA does have an existing water main bisecting (east & west) this block. Please let me know should you need any additional information. Sincerely, John F. Hayford xecutive r Okeechobee Utility Authority P-(� c 3' Page 3 are completed by, application fee is LPUBLIC .WORKS DEPARTMENT Donnie Robertson, Public Works Date -Al De ny Davis, Chief of Police erb Smith, Fire Chief Oscar term udez, Engineer Date Date Bri n ,m Date APPLICATIOWAPPROVED BY: &719 IJA' LANE GAMIOYEA, CIVIC, CITY CLERK DATE . 1-11, -0� Date Memorandum To: Lane Gamiotea, City Clerk ./- � From: Oscar Bermudez, Engineer �4WXJLI Date: October 24, 2006 Re: Alley - Closing application from Bradley G. Goodbread. (North/South Alley between Lots 4 & 5 City of Okeechobee) The Engineering Department has visited the site and found that future drainage problems may be generated near the requested abandon subject City of Okeechobee Alley. We are aware of the critical drainage problems on City of Okeechobee City, and for that reason the Engineering Office will recommend not approving the request for the Alley Closing until future Master Drainage Plans for the City of Okeechobee is presented. It is the Engineering Department's opinion that the City of Okeechobee shall be very cautious before abandoning any Alleys. MIN EXHIBIT 6 NOVEMBER 7, 2006 TO: Mayor and Council Members FROM: Lane Gamiotea, City Clerk A� SUBJECT: Alley Closing Application Procedures DATE: October 24, 2006 Mr. Goodbread has tried several times to obtain Mr. Sizemore's signature to give consent to closing the entire alleyway within Blocks 1 of Royal Oak and 46 of the First Addition to South Okeechobee. This particular alleyway is in two separate blocks and two separate subdivisions, but is contiguous and runs North to South. Mr. Sizemore has stated (verbally) that he does not object to the closing, but he will not sign the application. Due to the last direction by the City Council, I am to process and forward only applications that are for the entire alleyway, with consent from all property owners. I cannot process Mr. Goodbread's application any further. He has asked that he be able to explain to you the situation and that the Council consider instructing me to accept the application without Mr. Sizemore's signature and process the application further. Please advise if you have any questions or wish to discuss this matter. CITY OF OKEECHOBEE (863) 763-3372 FAX (863) 763-1686 AGENDA ITEM REQUEST FORM Please mail or bring completed form to: City of Okeechobee City Administrator's Office 55 SE 3' Avenue Okeechobee, Florida 34974 NAME: 41- ADDRESS: ? ?Z TELEPHONE: �/3 �� Z! Z FAX: �� 7 - Z-Fdy MEETING: REGULAR SPECIAL O WORKSHOP O DATE: #,Uy U 0lo PLEASE STA E THE ITEM YOU WISH TO �PLACED ON THE CITY COUNCIL AGENDA: �1-aSy2� A-PPu ut�,a�oes�ov2E PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH THUS FAR: P ASE STATE DESI�RA"CTION BY THE C,TY COUNCIL: PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: IF PRESENTATION IS TO BE MADE, PLEASE §XATE HOW MUCH TIME YOU ARE REQUESTING: i'�E'Qd P90 L9D 29e uuS o EXHIBIT7 NOVEMBER 7, 2006 CITY OF OKEECHOBEE (863) 763-3372 FAX (863) 76346U AGENDA. ITEM RE QUEST FORM Picric mail or bring campi+eWd tw= fo: City of Okeechobee City Administrator's Office 55 SE 3' Avenue Okeechobee, Florida 34974 NAME: 7Wt4--- Af-4-1- ADDRESS: 2-o F 's.f TELEPHONE: G �''��O iT - G�% �� FAX: �� +� - #�i 7 MEETING: REGULAR SPECIAL D WORKSHOP D DAT& e. PLEASE 'VA TAE ITEM YOU WISH TO HAVE PLACED ON 1H CITY COUNCIL AGENDA:. 17 PLEASE STATE /WHAT DEPAR . FNAAYE WORKEu W1'Tp TEftJS FAR: PLEASE SUMN AR12Z PERTINENT INFORMATIO14 CONCERNING YOUR', ATTACH APPLICABLE DOCUMEMTS: I i- IF PRESENTATION IS TO BE MADE, MASS STATE HOW MUCH TIME IiOU ARE REQUESTING. - SIGNED BY: DATE: inn 1 0001 cal c00lvu-11 aannunaawn in Air-1 nc!oi lunu5onni_nc_inn David & Anita Nunez, Jr 2085 S. E. 4TH Street Okeechobee, Fl. 34974 863-467-0611 863-467-0610 October 319 2006 Okeechobee City Council The request to be excluded from the requirement for on site parking at 701 N E Park Street for the following reasons: 1. The business has been in place for 38 years and not been required to have the on site parking due to adequate on street parking. 2. There is no change in zoning or use from what the property has historically been used for, Office Space. 3. There is no remodeling of or additional building expansion being requested on the existing 38 year old structure. 4. Land Development Regulations, for the most part, deal with "Development" which is not what we are doing to the building or land at this time. 5. We strongly believe that the existing on street parking conforms to Accommodate the needs of the area and therefore the City should not be requiring the existing owners to establish on site parking. 6. The septic tank and drain fields are also located in a path to the suggested parking area. Any area East of the cut into the property may require laying drive over the septic lines or drain field. Placement of the septic system was more than likely approved prior to construction 38 years ago and the on street parking was allowed. The other entrance location would be a cut into the property on Highway 70, which I do not believe the Dept. of Transportation would approve. 7. In the event the City finds that the on street parking will not accommodate the areas use then is the City saying that the area needs parking time limits on these spaces to assist the public to use these spaces in a more efficient, equal manor? The owners feel there is more than adequate off site parking to meet the needs of the businesses in the area, as there are numerous empty spaces every day of the week. 10/31 /06 TO: M 2. 3. David & Anita Nunez, Jr 2085 S. E. 4T' Street Okeechobee, Fl. 34974 863-467-0611 863-467-0610 City Engineer — Mr. Oscar Bermudez LDR Code(s) for Parking Please state the Land Development Code which would require provision for two parking spaces at the commercial property at 701 NE Park Street, as discussed in the October 25 h Technical Review Committee meeting of October 25, 2006. Does the On Street Parking conform to City requirements, specifications? Why, under what code, does the existing on street parking not conform to "Adequate Space" to meet, accommodate, the needs in the area. Please site City code #. Please Fax any response back to me, Tom Murphy, at 863467-0610. Thank you for your assistance in this matter, Tom Murp t FAX TO CITH OF OKEECHOBEE ENGINEER MR. OSCAR BERMUDEZ OCTOBER 311, 2006 REQUEST FOR INFORMATION ONE PAGE 863-763-1696 City of Okeechobee Engineering Department. October 31, 2006 FAX To: Mr. Tom Murphy Re: Parking: Property at 701 NE Park St. From: ®scar Bermudez City Engineer Fax No. 863 763 1686 Please attached find the requested information �. ' § 90-225 OKEECHOBEE CODE (3) Maximum lot coverage by all buildings. Maximum Coverage Maximum Impervious Surface All uses: 50 percent 60 percent (4) Maximum height of structures. Except where further restricted by these regulations for a particular use, the maximum height shall be as follows: All uses shall be 45 feet, unless a special exception is granted. (LDR 1998, § 364) ' A Sec. 90-226. Additional regulations. Additional regulations which shall apply to all uses in the CPO district include, but are not limited to: (1) Concurrency regulations. (2) Parking and loading regulations. (3) Landscaping regulations. (4) Sign regulations- (5) Acce.­.,4Ory use regulations. (6) Supp;enientary use regulations. (7) Environmental and stormwater regula- tions. (8) Utilities regulations. (LDR 1998, § 365) Secs. 90-227-90-250. Reserved. DIVISION 7. LIGHT COMMERCIAIh (CLT) DISTRICT* Sec. 90-251. Generally. (a) Light commercial (CLT) zoning districts shall be permitted only on land designated as future land use category commercial in the com- prehensive plan. (b) Uses in light commercial (CLT) zoning dis- tricts shall be subject to the regulations of this division. (LDR 1998, § 370) *Cross reference —Businesses, ch. 14. Sec. 90-252. Permitted uses. / The following principal uses and structures are permitted in the CLT district: (1) Professional office, businesse, medi- cal office. (2) Retail store, retail service. (3) Personal service. (4) Craft studio. (LDR 1998, § 371) Sec. 90-253. Special exception uses. The following uses and structures are permit- ted in the CLT district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (1) Restaurant, cafe. (2) Dry cleaner, laundry. (3) Private club, nightclub. (4) Business school. (5) Radio, television or cable reception, trans- mission or operational facilities. (6) Commercial indoor recreation. (7) Commercial parking garage or lot, taxistand. (8) Outdoor vehicle sales lot. (9) House of worship. (10) Marina, dock, pier. (11) Enclosed storage. (12) Public facility or use. (13) Public utility. CD90:20 ZONING (14) Permitted uses in excess of 45 feet in height. (15) One dwelling unit per commercial build- ing, not exceeding two bedrooms or 800 square feet. (16) Group home. (LDR 1998, § 372) § 90-280 Sec. 90-254. Customary accessory uses. Each permitted principal use and special ex- ception use in the CLT district is also permitted to have the customary accessory uses for that use. (LDR 1998, § 373) Sec. 90-255. Lot and structure requirements. Except where further restricted by these regulations for a particular use, the minimum lot and structure requirements in the CLT district shall be as follows: (1) Minimum lot area. All uses: Area 6,250 square feet Width 50 feet (2) Minimum yard requirements. Except where a greater distance is required by these regulations for a particular use, the minimum yard setbacks shall be as follows: a. All uses: Front 20 feet to buildings; ten feet to parking and driveway Side eight feet; 20 feet abutting residential zoning district Rear ten feet; 20 feet abutting a residential zoning district b. The width of an adjacent street or alley may be applied to the increased setback required when abutting a residential district. (3) Maximum lot coverage by all buildings. Maximum Coverage Maximum Impervious Surface All uses: 50 percent 85 percent (4) Maximum height of structures. Except where further restricted by these regulations for a particular use, the maximum height shall be as follows: All uses shall be 45 feet, unless a special exception is granted. (LDR 1998, § 374) Sec. 90-256. Additional regulations. Additional regulations which shall apply to all uses in the CLT district include, but are not limited to: (1) Concurrency regulations. (2) Parking and loading regulations. (3) Landscaping regulations. (4) Sign regulations. (5) Accessory use regulations. (6) Supplementary use regulations. (7) Environmental and stormwater regula- tions. (8) Utilities regulations. (LDR 1998, § 375) Secs. 90-257-90-280. Reserved. Supp. No. 2, Rev. CD90:21 90-511 OKEEC:HOBEE CODE (2) The city council may approve off -site park- ing facilities if the technical review com- mittee finds that the location of the off - site facility will adequately serve the use for which it is intended, and if the appli- cant submits a written agreement to the City ensuring the continued availability of the off -site facility for parking use. (b) Parking space size. The minimum parking space shall be nine feet -wide by 20 feet lone; handicapped shall be as defined by state handicap code accessibility- (c) Loading space size. The minimum loading space shall be ten feet wide by 30 feet long, with 14 feet vertical clearance. ((I) Parking occes.s drioeeoay toidtli. (1) The single-family residence minimum driveway width shall be at least el, -lit fe(�t a Parkin, spaces bet%veerr -) degrees and 90 degrees angles to the drive- way, 24 feet. Sec. 90-512. Space regulations. Off-street parking spaces are required as follows: (1) Residential Uses: Single or two-family dwelling Multiple -family 1 bedroom Multiple -family 2 bedrooms Multiple -family 3-4 bedrooms Mobile home park Adult/assisted living facilities (2) Coimn.er•cial Uses: Shopping center, Retail store or set -vice Furniture or appliance store Professional office, business office, Medical office Nursery, lumberyard Restaurant, nightclub Barbershop, beauty shop b. Parking spaces any other angle to the driveway, 20 feet. (e) Parking and loading space layout. (1) Except for single-family dwellings and places of public assembly or worship, each parking and loading space shall be paved. (2) Except for single-family dwellings, each parking or loading space shall open di- rectly onto a driveway that is. not a public street, and each parking rking space shall be designed to permit access without moving another vehicle. (3) Buildings, parking and loading areas, land- scaping and open spaces shall be designed so that pedestrians moving between park- ing areas and buildings are not unreason- ably exposed to vehicular traffic hazards. (4) Paved pedestrian walks shall be provided along the lines of the most intense use, particularly between building entrances to streets_ p<u-Imi-o ,areas. and adjacent buildin��_ i:�i Lvadin�facilities �h;�ll I)e idc-ntifi<'d :1 to purpose and location when not clearly evident. (LDR 1998, � 460 ) 2 per dwelling 1.75 per dwelling 2 per dwelling 2.25 per dwelling 2.25 per dwelling per unit or bedroom 1 per unit or bedroom 1 per 300 square feet of floor area 1 per 500 square feet of floor area �1 per 300 square feet of floor area 1 per 180 square feet of floor area 1 per 250 square feet of floor area 1 per 75 square feet of floor area 2 per service chair -Sapp. No. I (: U90:34 0� / qrRMT E I GHTH GTREET ( P ) 70' A/N / / 36' RCP FW DITCH N89131'171E 99.95'(F) RBF NW Corner All 18p129'661E (00.1 Reeldence: 2. 2' E. , I. 7' S. 27.7' o Whl , [ , 4— =; BLOCK IAB a SN N / PPcc o ' ABF w/cap No.6081 fC:0.2'E.,0.7'N. I RSF N/Ci 889' 68' 60' E 167. 2k (C) No. 5081: P( ' N S89'68'60'E 169.67'(F) to POL / PP 0 G/T ` w �a N 6 I G71 ABF M/Cap ABF N/Cap No.50B1- — 60.18'(F) to POL No.508l:POL FC:0.1 E.,0.8'N. 989,58'WE 81,29'(C) to TOO — LITO VALVE BF R/N NIDTN V City of Okeechobee 55 Southeast Td Avenue Okeechobee, Florida 34974 Phone: (863) 763-3372 Fax (863) 763-1686 Application for Site Plan Review Name of Project: Applicant: � Description of project: j1 Proposed use(s) for the entire building: 1`,4e Number/description of phases: Location of/Directions to the project: Existing improvements on property: 1�4D Is proposed use different from existing or prior use? C_Yes) (_ No) (N/A) Total Land area in square feet: I�� or acres f�J Existing impervious surface: ���'� square feet acres �% of site Additional impervious surface: square feet acres % of site Proposed total impervious surface square feet acres % of site Source of Potable Water: V�+ Method of sewage disposal. - Current zoning- -1 E �41A Y Current Future Land Use - Parcel identification number: `7--,3-'g'- OcIV - o,14 ,o - Application for Site Plan Review Name of project: Applicant- ��-- Address: Page 2 Phone- - Y Ga 7 ' Fax: Other phone: Contact Person: 7zi&�, Address: Phone: " 7,124,11 Fax- - 7 (� 7- U Other phone- 4&�/ i Property Owner: Address:`' r Phone- Fax: rim_ Engineer: Address: Phone: Fax: Surveyor: Address �i uJI IUD Phone: �✓ 7" t?Y 5C Fax: �S - �`-�7- d It / VLARUE PLANNING & MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 • FAX: 239-334-6384 e-mail: larue-planning@att.net Memo T o: TtRC Members From: James G. LaRue, AICP Date: October 9. 2006 Subject: Nunez Office Building — Parking Reduction Request -i he applicant is requestinp, to continue the use of a commercial offilce huildin�_, v hich_ historically, had no on -site parking available. The applicant says there are 1 _5 parking spaces on the street which were being used by the site. The Land Development Code would require the applicant to provide 2 spaces on the site and the applicant is requesting to use street parking instead. After reviewing the application and its attachments, Staff recommendation is for the applicant to submit a site plan which depicts the amount of on -street parking spaces in order for staff to make an educated recommendation for the applicant's request. If an adequate amount of on -street parking spaces is available to accommodate parking in the area, the City Engineer should verify that the existing spaces conform to City requirements. Only then can the applicant's request be recommended for approval. JGL:1k cc: Bette Clement, General Services Coordinator IV. New Business Continued. A. Southern Trace, continued. October 25, 2006 - TECHNICAL REVIEW COMMITTEE - PAGE 5 OF 6 ND'A` . ACTION - DISCUSSION - VOTE Mr. LaRue asked whether the zoning and land use map has been platted? Mr. Dobbs answered that on the recorded deed that it shows that it has been platted. Mr. LaRue than stated that this needs to be re -platted. Mr. LaRue explained that re -platting could make a difference in setbacks. Mr. Forbes replied that we need a typical site plan. Mr. Trent had no comments. No action taken on the project, due to re -platting. B. Nunez Office Building. The application was submitted by Tom Murphy on Nunez Office Building. The application was submitted by Tom Murphy on behalf of property behalf of property owners David and Anita Nunez. The applicant is requesting owners David and Anita Nunez. The applicant is requesting to continue the use of a commercial to continue the use of a commercial office building which, historically, had no office building which, historically, had no on -site parking available. The property is located at 701 on -site parking available. The property is located at 701 Northeast Park Street. Northeast Park Street. Staff Memo: The applicant is requesting to continue the use of a commercial office building which, historically, had no on -site parking available. The applicant says there are 15 parking spaces on the street which were being used by the site. The Land Development Code would require the applicant to provide 2 spaces on the site and the applicant is requesting to use street parking instead. After reviewing the application and its attachments, Staff recommendation is for the applicant to submit a site plan which depicts the amount of on -street parking spaces in order for staff to make an educated recommendation for the applicant's request. When an adequate amount of on -street parking spaces is available to accommodate parking in the area, the City Engineer should verify; that the existing spaces conform to City requirements. Only then can the applicant's request be recommended for approval. Mr. Murphy spoke on behalf of property owners David and Anita Nunez. He stated that they have 15 regular parking spaces and one handicap for a total of 16 spaces available. Property owners are requesting not to have to add the two additional parking spaces. The property owners do no feel they need the additional spaces. AGENDA IV. New Business Continued. B. Nunez Office Building, continued. V. Adjournment - Chairperson PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Technical Review Committee 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: Brian Whitehall, Chairperson Melisa Eddings October 25, 2006 - TECHNICAL REVIEW COMMITTEE - PAGE 6 OF 6 ACTION - DISCUSSION_- VOTE w Mr. Bermudez answered that the Land Development Regulations (LDR) stated that an Occupational License cannot be issued without the specified parking being available. Mr. Murphy said that Radio Shack and Laura Simms property were examples of those who did not have on site parking, but went to the City Council and were approved. Mr. Forbes reported that Laura Simms is still in the process of bringing her building up to the LDR codes. Mr. Whitehall replied that Radio Shack did go before the City Council because they were using all their spaces that were available, but that Mr. and Mrs. Nunez has the space to add the two additional parking spaces that are required. Mr. Murphy reported that the only thing that has changed on that property is the occupant. We have been operating in this building with this many parking spaces for years. There being no further discussion the motion was made. Mr. Whitehall moved to deny continued use of a commercial office building which, historically, has no on -site parking available, seconded by Mr. Bermudez. VOTE WHITEHALL - YEA FORBES - YEA DAVIS - ABSENT SMITH - YEA BERMUDEZ -YEA ROBERTSON - YEA MOTION CARRIED. There being no further items on the agenda, Chairperson Whitehall adjourned the Technical Review Committee Meeting at 10:50 a.m. FROM :OLDE TYME CONSTRUCTION FAX NO. :7722232157 EXHIBIT 8 NOVEMBER 7, 2006 eTyme Construction, Ii Cast Stone a Stucco a Architectural Foam P 0 BcK 2782 / SkXKFL 34995 / Td. (M)M6444 / FAX (`M)223-21.57 To: From: Robin Brock / City of Okeechobee Robert Meyer Agenda Item Request Form for 11 /7 /co Fax: 863. 763,1686 Date: 11/2/2W8 Pages: 2 FROM :Oi•DE TYME CONSTRUCTION FAX NO. :7722232157 1,0/19/2006 23:43 8634670045 EOK� Nov. 02 2006 08:42AM P2/2 PA(5(_ 01 HOBEE (4631 76:3�3372 FAX (863) 763-1636 AG 1�II1►A, T 'M REQtjt S r Plcarc mq�i or brinfi �c�na�}ilcicd torYnld: i City of Okeechob" Citx Administrator's Office 55 SE 3 Avenue Okeechobee Florida 34974 NAME.• _ a)B E KI "l is A,DDRESS: i T �. PAX: —a15-7 MERTTNC: REGULAR PO SPECIAL Ci *OmmffloP rl Dn.'l ! O PLEASE 3'fA'PE THE i,�.lam YOU w15 Tb wmL i PLAcrb oN, 'rav 'Vn,,v COUN(M AiXF.NDA: rTAFnsK SPATE wrnT nEYA'�NT{$) Y Q7 pCJ1 wciRlcl�o wa hiPR[I5 FAIT: _ ; L. A.%;7; STATE. DWIREACT�C►N DY T.)�1�' CITY ColfrwIL W I wd I.... _...ts ZIT PLEASE SUMMARIZE PERTINENT INFOWWATI.O.N COXCF.41 Ui(; VOI: ;R RgQIxII.$T AND ATTACH AripLiCABLE DOCUMENT Ti1F >rRESENTA.TION 19 TO YFE MADE. pWSF STATE HOW 10CFI. TIME YOU JkRI RE:OUF.STVECy. SIGNED EYe.. -_ DATE:._ ExHmrr 9 NOVEMBER 7, 2006 EXHIBIT 9 WILL BE PROVIDED AT THE MEETING EXHIBIT 9 November 7, 2006 TABULATION SHEET PROPOSALS FOR 2007 POLICE CARS Bids: Okeechobee Motor Company $19,359.00 per car Ford Lincoln Mercury of Sebring $19,706.15 per car *comparable to Florida Sheriff's Association Government rate of $19,359.00 per car No Bids: Velde Ford Sunrise Ford EXHIBIT 10 NOVEMBER 7, 2006 EXHIBIT 10 WILL BE PROVIDED AT THE MEETING TABULATION SHEET FINANCING PROPOSALS FOR 2007 POLICE CARS Bids: Popular Leasing USA SunTrust No Bids: Seacoast National Bank Nations Bank Leasing Corporation Exhibit 10 November 7, 2006 $20,000 per car $22,000 per car RESOLUTION NO. 06-10 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, TEMPORARILY SUSPENDING THE APPLICATION OF SECTION 90-561, DIVISION 5, SIGNS, AS IT PERTAINS TO THE PERMITTING AND ERECTION OF SIGNS DEEMED TO BE BILLBOARD SIGNS; PROVIDING FOR TIME CERTAIN AMENDMENT OF THE CITY'S SIGN ORDINANCE; PROVIDING FOR ENACTMENT OF DEFINITIVE STANDARDS FOR THE PLACEMENT, DESIGN AND ERECTION OF SUCH SIGNS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 90-561 et.seq. of Division 5, the Sign Ordinance for the City of Okeechobee, Florida does not address the design, placement and construction of billboards within the City; and WHEREAS, such signs are typically construction in a manner that may encroach into neighboring property; be intrusive; be highly visible; be a distraction to traffic; and unsightly to residential areas; and WHEREAS, the City has a legitimate interest in the aesthetics, location, size, placement, design and construction of billboard signs, but not initiating a ban on such signs that would meet reasonable City codes; and WHEREAS, due to the time necessary to study the issue; to arrive at a consensus on new regulations; and to enact the necessary Ordinance, that in the interim it is in the best interests of the City and its citizens to impose a moratorium on permitting billboard signs; NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. THAT from and after the date of adoption of this Resolution, the Department of General Services and Building Official for the City of Okeechobee shall not accept, review or approve any permit to any person or entity for the placement and erection of a billboard sign within the City. SECTION 2. THAT other permissible signs may be approved by the City in the interim, but no sign shall, in any Zoning District, until further amendment of the Sign Ordinance, exceed 100 square feet in display, nor exceed a total height of 20 feet. SECTION 3. THAT the office of the City Attorney and Staff are directed to study the issue of billboard sign and construction, and draft a proposed Ordinance clearly setting forth acceptable standards for approval of such signs within the City. Page 1 of 2 SECTION 4. THAT this Resolution shall remain in effect until further modification or approval of the Ordinance amending the Sign Ordinance, or until March 1, 2007, whichever first occurs. INTRODUCED AND ADOPTED in regular session this ZL day of November. 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR �SCOUNTY, T NAME -FIRST MMLUNICIPAL, AND OTHERE NAME NA� FLOCAL PUBLIC OFFICERS / �ICOMMISSION, AUTHORITY, OR COMMITTEE 1Lt VJJtAcA _R. t )�P MAILING ADDRESS THE BOARD, COUNCIL, COMMISS 7ION, AUTHORITY OR COMMITTEE ON / O WHICH I SERVE IS A UNIT OF: CITY COUNTY ITY ❑ COUNTY ❑ OTHER LOCAL AGENCY o �� rNAME F P LITICAL U I I ION: DATE ON WHICH VOTE OCCURRED��OSITIO IS: cbv ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before Completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A `business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST � IJI� U hereby disclose that on !v r ead iJt f! 20 �' (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, _ inured to the special gain or loss of my relative, inured to the special gain or loss of ) elk P 9 n h( U�L' ' ' ` LAC (!{,63n/%; by whom I am retained; or _ inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Date Filed which D tie �',,�,�> _ c� y� ignat e NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000_ PAGE 2 CE FORM 8B - EFF. 1/2000