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2006-12-05 Regular MeetingCITY OF OKEECHOBEE DECEMBER 5, 2006 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: December 5, 2006 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation by Reverend Dave Ogden, Grace Christian; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk 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 Twenty Five Year Service Award to Alfred Fisher PAGE 1OF15 Mayor Kirk called the December 5, 2006 Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by Reverend Ogden of Grace Christian Church; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Absent Present Present Present Present Absent Present Present Mayor Kirk presented a Longevity Service Award to Alfred Fisher for his 25 years of employment with the City of Okeechobee. He was presented with a five -hundred dollar check and plaque, which read: "In recognition of his outstanding service to the City and its residents, as an employee of the City of Okeechobee for 25-years." r� IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. B. Presented a Ten Year Service Award to Donald Hagan. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the November 7, 2006 Regular Meeting. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the October 2006 Warrant Register: General Fund ................................ $499,121.88 Public Facilities (Improvement) Fund .............. $264,155.83 CDBG Fund...................................$1,869.00 B. Motion to approve the November 2006 Warrant Register: General Fund ................................ $401,508.56 Capital (Improvements) Projects Fund - Vehicles .... $18,000.06 CDBG Fund .................................. $11,278.50 Public Facilities (Improvement) Fund ................. $646.88 Law Enforcement (Special) Fund .................... $152.71 DECEMBER 5, 2006 - REGULAR MEETING - PAGE 2 OF 15669 Mayor Kirk presented a Longevity Service Award to Lieutenant Donald Hagan for his 10 years of employment with the City of Okeechobee. He was presented with a city seal jacket and certificate, which read: "In appreciate for your 10- years of hard work and dedication, November 22, 1996 through November 22, 2006. Service is the lifeblood of any organization. Everything flows from and is nourished by it. The City and your fellow citizens have benefitted greatly by your performance." Council Member Markham moved to dispense with the reading and approve the Summary of Council Action for the November 7, 2006 Regular Meeting; seconded by Council Member Watford. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - ABSENT MOTION CARRIED. Council Member Watford moved to approve the October 2006 Warrant Register in the amounts: General Fund, four hundred ninety-nine thousand, one hundred twenty-one dollars and eighty-eight cents ($499,121.88); Public Facilities (Improvements) Fund, two hundred sixty-four thousand, one hundred fifty-five dollars and eighty-three cents ($264,155.83); Community Development Block Grant Fund, one thousand, eight hundred sixty-nine dollars ($1,869.00) seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - ABSENT MOTION CARRIED. Council Member Watford moved to approve the November 2006 Warrant Register in the amounts: General Fund, four hundred one thousand, five hundred eight dollars and fifty-six cents ($401,508.56); Capital (Improvement) Projects Fund - Vehicles, eighteen thousand dollars ($18,000.00); Community Development Block Grant Fund, eleven thousand, two hundred seventy-eight dollars and fifty cents ($11,278.50); Public Facilities (Improvements) Fund, six hundred forty-six dollars and eighty-eight cents ($646.88); Law Enforcement (Special) Fund, one hundred fifty-two dollars and seventy-one cents ($152.71); seconded by Council Member Markham. There was no discussion on this item. 670 DECEMBER 5, 2006 - REGULAR MEETING - PAGE 3 OF 15 A05IN VI. WARRANT REGISTER CONTINUED. B. Motion to approve the November 2006 Warrant Register Continued. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - ABSENT MOTION CARRIED. VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. III New Business Item J was added as a Temporary Street Closing request by Okeechobee Main Street. Mayor Kirk addressed the Council with a request to consider filling the Council Member seat left vacant by Noel Chandler. Clayton Williams is the Council Member -Elect, it has been verified by Attorney Cook that the City Council has the authority to appoint Mr. Williams to fill the seat. Council Member Watford moved to appoint Clayton Williams to fill the vacant Council Member seat; seconded by Council Member Markham. KIRK - YEA L. WILLIAMS - ABSENT VOTE MARKHAM - YEA MOTION CARRIED. WATFORD - YEA Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. 111 MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:15 P.M. A.1. a) Motion to read by title only, am -adept proposed Ordinance No. 960 Council Member Watford moved to read by title only, proposed Ordinance No. 960 regarding Okeechobee Commerce regarding Okeechobee Commerce Center Street Closing Center Street Closing Application No. 82; seconded by Council Member Markham. Application No. 82 - City Attorney (Exhibit 1). b) Vote on motion to read by title only. KIRK - YEA C. WILLIAMS - YEA MARKHAM - YEA L. WILLIAMS - ABSENT WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 960 by title only. Attorney Cook read proposed Ordinance No. 960 by title only as follows: "AN ORDINANCE CLOSING, VACATING ANDABANDONING THE STREETS, RIGHTS-OF-WAYOR EASEMENT WITHIN THE OKEECHOBEE COMMERCE CENTER, BEING A PORTION OF LAND CONSISTING OF A CUL-DE-SAC LYING INAND ADJOINING LOTS 17 THROUGH2O, OKEECHOBEE COMMERCE CENTER, AT ITS INTERSECTION WITH NORTHEAST 11T" COURT, OKEECHOBEE, FLORIDA, ACCORDING TO THE PLAT THEREOFAT PLAT BOOK7, PAGES 10 THROUGH 14, DECEMBER 5, 2006 - REGULAR MEETING - PAGE 4 OF 15 671 Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1. c) City Attorney to read proposed Ordinance No. 960 by title only PUBLIC RECORDS OKEECHOBEE COUNTY FLORIDA, AND AS MORE PARTICULARLY DESCRIBED continued. HEREAFTER; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITYAND/OR DRAINAGE PURPOSES; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 960. Council Member Markham moved to adopt proposed Ordinance No. 960; seconded by Council Member C. Williams. b) Public comments and discussion. Mayor Kirk asked whether there were any questions or comments from the public. There were none. The City of Okeechobee has initiated this street closing which consists of a cul-de-sac adjoining Lots 17 through 20 within the Commerce Center. Due to the location of the lots, being at the Eastern most terminus of the Center, the street closing will provide available accessibility, which will benefit the large scale land development of these lots. Council Member Watford clarified that this street closing would not interfere with any future drainage plans or easements. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - ABSENT MOTION CARRIED. B.1. a) Motion to read by title only, and adopt proposed Ordinance No. 962,1 Council Member Watford moved to read by title only, proposed Ordinance No. 962, amending the Land Development amending the Land Development Regulations - City Planning Regulations; seconded by Council Member C. Williams. Consultant (Exhibit 2). b) Vote on motion. c) City Attorney to read proposed Ordinance No. 962 by title only VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - ABSENT MOTION CARRIED. Attorney Cook 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,'. PART►CULARLYARTICLEI►I, DIVISION8, SECTION90-253SPECIAL EXCEPTIONUSES, ANDSECTION90-512 SPACE REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE." 672 DECEMBER 5, 2006 - REGULAR MEETING - PAGE 5 OF 15 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. a) Motion to adopt proposed Ordinance No. 962. III Council Member Markham moved to adopt proposed Ordinance No. 962; seconded by Council Member Watford. b) Public comments and discussion. Mayor Kirk asked whether there were any comments or questions from the public. There were none. City Planning Consultant, Jim LaRue highlighted the changes discussed at the Planning Board. 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)). Administrator Whitehall noted that the ordinance is only amending Light Commercial zoned property. His understanding was that the amendment should encompass all commercial districts. Okeechobee Main Street was the organization that brought this restriction to the City's attention, as it would specifically hinder the use of existing historical buildings located in the Commercial Business District. Mr. LaRue responded that the other areas of the Code could be included with a motion to amend. Council Member Watford moved to amend proposed Ordinance No. 962 to make the same amendment for all Commercial zoning districts, Sections 90-313(10) and 90-283(10) the 800 square feet, not exceed 2 bedrooms be stricken; seconded by Council Member Markham. VOTE ON MOTION TO AMEND ORDINANCE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - ABSENT MOTION CARRIED. There was a lengthy discussion regarding the amendments to parking regulations and the current method in which an existing business is able to obtain a reduction of parking approval by the City Council. Mr. Tommy Hoover asked the Council, for clarification, was the parking being discussed on -street or off-street parking? Council responded off- street (meaning on -site of the development/property). Council Member Watford moved to amend proposed Ordinance No 962 to delete the added language "customer service area" in Section 90-512(2); seconded by Council Member C. Williams. Council noted that developers/owners will still be able to request parking reductions through the City Council and the other proposed language to add commercial uses in Section 90-512 is remaining. DECEMBER 5, 2006 - REGULAR MEETING - PAGE 6 OF 15 673 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Public comments and discussion continued. VOTE ON MOTION TO AMEND ORDINANCE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - ABSENT MOTION CARRIED. c) Vote on motion. VOTE ON MOTION AS AMENDED KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - ABSENT MOTION CARRIED. C.1. a) Motion to read by title only, and adopt proposed Ordinance No. 964 Council Member Watford moved to read by title only, and adopt proposed Ordinance No. 964 regarding Alley regarding Alley Application No. 83, submitted by Brad Goodbread - Application No. 83, submitted by Brad Goodbread; seconded by Council Member Markham. City Attorney (Exhibit 3). 11 b) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - ABSENT MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 964 by title only. Attorney Cook read proposed Ordinance No. 964 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 206, 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." 2. a) Motion to adopt proposed Ordinance No. 964. III Council Member Markham moved to adopt proposed Ordinance No. 964; seconded by Council Member C. Williams b) Public comments and discussion. Mayor Kirk asked whether were there any comments or questions from the public. There were none. Mr. Brad Goodbread submitted on behalf of property owner George A. Goodbread, Alley Closing Application No. 83., as instructed by City Attorney Cook, and has also 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, in which Mr. Goodbread has been paying taxes on the alleyway. No easements are being requested by the utility companies. 674 DECEMBER 5, 2006 - REGULAR MEETING - PAGE 7 OF 15 w..-1QE�, COUNC1tkG'i..,i}SCt�Ss.Q Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 2. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - ABSENT MOTION CARRIED. D.1. a) Motion to read by title only, and adopt proposed Ordinance No. 965 Council Member Watford moved to read by title only, and adopt proposed Ordinance No. 965 regarding Cycle 12006 regarding Cycle 12006 Comprehensive Plan Amendments - City Comprehensive Plan Amendments; seconded by Council Member Markham Planning Consultant (Exhibit 4). VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA b) Vote on motion. C. WILLIAMS - YEA L. WILLIAMS - ABSENT MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 965 by title only. Attorney Cook read proposed Ordinance No. 965 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA ADOPTING AMENDMENTS TO ITS COMPREHENSIVE PLAN INCLUDING AMENDMENTS TO THE FUTURE LAND USE MAP, THE TEXT OF THE FUTURE LAND USE, CONSERVATION, AND CAPITAL IMPROVEMENTS ELEMENTS; TO REVISE AND UPDATE THE EXISTING OBJECTIVES, POLICIES, DATA AND ANALYSIS; IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO THE STATE LANDPLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE AND SEVERABILITY CLAUSE, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." 2. a) Motion to adopt proposed Ordinance No. 965. Council Member Markham moved to adopt proposed Ordinance No. 965; seconded by Council Member Watford. b) Public comments and discussion. Mayor Kirk asked whether there were any comments or questions from the public. Mr. LaRue, recommended that the Council delay approval until January 16, 2007 in order to finalize additional amendments proposed by South Florida Water Management. Council Member Markham moved to delay approval of proposed Ordinance No. 965, until time certain, January 16, 2007, seconded by Council Member Watford. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - ABSENT MOTION CARRIED. CLOSE PUBLIC HEARING. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:55 P.M. DECEMBER 5, 2006 - REGULAR MEETING - PAGE 8 OF 15 IX. UNFINISHED BUSINESS. A. Consider processing a partial alley closing located in the 100 Block Mr. Brad Goodbread is requesting that the Council either authorize the Clerk's Office to process a partial alley closing of the South side of SW 21" Street - Brad Goodbread. located in the 100 Block of the South side of SW 21s' Street or close the entire alleyway without the other property owner's consent. This block is actually two subdivisions that run together, creating one long block. 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. The standard procedure is to have all required property owners sign a consent to the closing. At the November 7, 2006 meeting Mayor Kirk instructed the Administrator to meet with Mr. Goodbread and Mr. Sizemore to determine whether a compromise could be negotiated. Administrator Whitehall reported that he met with Mr. Sizemore on three different occasions. They discussed the merits of him signing the application, Mr. Sizemore advised that he could not be here tonight, he is still opposed to the vacation of the entire alley, but not a partial alley vacation. The Council and Mr. Goodbread discussed whether there was a specific development being considered at this time for this property? He advised that there was not a specific project, only that the was trying to have all the obstacles taken care of in order to take proposed projects to his land developer. He has recently submitted a rezoning petition for the West side of the block. The Council also discussed the legalities of closing the entire alleyway, which would mandate that Mr. Sizemore add the seven and one-half feet to his lots. It was agreed that the alley is non-functional, there are no utilities, and basically it is an alleyway on paper only, not a physically used alleyway. Mr. Goodbread offered to be a good neighbor, he understood the concerns of the residential area that abuts his commercial property, further stating that he would landscape and buffer the area so that the impact would not be so hard on the residential III area. Council Member Watford moved to instruct Attorney Cook to draft an ordinance closing only the South part of the alleyway (which authorizes the City Clerk to process a partial alley closing application for Lots 4 and 10 of Block 46, First Addition to South Okeechobee Subdivision and Lots 1 through 8 of Block 1 Royal Oaks Subdivision); seconded by Council Member Markham. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - ABSENT MOTION CARRIED. 675 676 DECEMBER 5, 2006 - REGULAR MEETING - PAGE 9 OF 15 X. NEW BUSINESS. A.1. a) Motion to read by title only, and set January 2, 2007 as a final public Council Member Watford moved to read by title only, and set January 2, 2007 as a final public hearing date for hearing date for proposed Ordinance No. 966 regarding proposed Ordinance No. 966 regarding Proportionate Fair Share Transportation; seconded by Council Member Proportionate Fair Share Transportation - City Planning Consultant Markham. (Exhibit 5). VOTE b) Vote on motion. 11 KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - ABSENT MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 966 by title only. Attorney Cook read proposed Ordinance No. 966 by title only as follows: "AN AMENDMENT TO THE CITY OF OKEECHOBEE LAND DEVELOPMENT CODE CREATING THE CITY OF OKEECHOBEE PROPORTIONATE FAIR SHARE TRANSPORTATION ORDINANCE; CREATING ARTICLE V OF CODE BOOK CHAPTER 78 DEVELOPMENTSTANDARDS; PROVIDING FOR SHORT TITLE, AUTHORITYANDAPPLICABILITY; PROVIDING FOR INTENT AND PURPOSE, PROVIDING FOR DEFINITIONS; PROVIDING FOR RULES OF CONSTRUCTION, PROVIDING FOR GENERAL REQUIREMENTS, APPLICATION PROCESS, AND DETERMINATION OF PROPORTIONATE FAIR SHARE OBLIGATION; PROVIDING FOR TRANSPORTATION FACILITIES AND IMPACT FEE CREDIT, PROVIDING FOR PROPORTIONATE FAIR SHARE AGREEMENTS; PROVIDING FOR APPROPRIATION OF FAIR SHARE REVENUES; PROVIDING FOR CONFLICTS OF LAW, SEVERABILITY, CODIFICATION, SCRIVENER'S ERRORS, INCLUSION AND CODE AND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 966. III Council Member Markham moved to approve the first reading of proposed Ordinance No. 966; seconded by Council Member C. Williams. b) Discussion. Mr. LaRue explained that this ordinance is a state mandate. The example discussed to explain how this ordinance will impact future considerations of future land use map amendments was; a developer comes to the City and needs to change the land use on property. The roadways around the development are looked at for impact, and suppose the intersection is not capable of handling the traffic, instead of telling the developer they cannot build, the City has to tell them what it would cost to bring that intersection up to requirements. They only pay their share, should it be $1 million for the entire project, they only pay a share of that $1 million. Then the state or city has to come up with the other portion of the money. This will make us more cautious at plan amendments from now on. Attorney Cook noted that this will be forwarded to the Planning Board for a recommendation as the Local Planning Agency, since it amends the Land Development Regulations. 677 DECEMBER 5, 2006 - REGULAR MEETING - PAGE 10 OF 15 AGENDA , COUNCIL ACTION - DISCUSSION VOTE X. NEW BUSINESS CONTINUED. A. 2. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - ABSENT MOTION CARRIED. B.1. a) Motion to read by title only, and set January 2, 2007 as a final public Council Member Watford moved to read by title only, and set January 2, 2007 as a final public hearing date for hearing date for proposed Ordinance No. 967 regarding sexual proposed Ordinance No. 967 regarding sexual offender restrictions; seconded by Council Member Markham. offender restrictions - City Attorney (Exhibit 6). VOTE b) Vote on motion. KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - ABSENT MOTION CARRIED. Attorney Cook read proposed Ordinance No. 967 by title only as follows: "AN ORDINANCE OF THE CITY OF c) City Attorney to read proposed Ordinance No. 967 by title only. OKEECHOBEE IN AND FOR THE CITY OF OKEECHOBEE, FLORIDA, AMENDING CHAPTER 38 OF THE CITY OF OKEECHOBEE CODE OF ORDINANCES BY PROVIDING DEFINITIONS RELATING TO SEXUAL OFFENDERS; ESTABLISHING RESIDENCE RESTRICTIONS FOR CERTAIN SEXUAL OFFENDERS FROM SCHOOLS, CHILD CARE FACILITIES, OR PUBLIC PARKS AND PROVIDING FOR EXCEPTIONS; PROHIBITING MULTIPLE SEXUAL OFFENDERS FROM RESIDING TOGETHER IN THE SAME DWELLING UNI T OR WITHIN THE SAME MULTI -FAMILY RESIDENTIAL USE; PROHIBITING THE ESTABLISHMENT OF A REHABILITATION FACILITY, HALF WAY HOUSE, CAMP, RETREAT OR OTHER SIMILAR LODGING FOR SEXUAL OFFENDERS OR NON -SEXUAL OFFENDERS UNLESS PERMITTED BYZONING DISTRICTS ORAS A SPECIAL EXCEPTION WITHIN THEHEAVYCOMMERCIAL, ORINDUSTRIAL ZONING CLASSIFICATIONS, PROH/BITINGTHELEASING OF REAL PROPERTY TO SEXUAL OFFENDERS IN VIOLATION OF CHAPTER 38 OF THE CITY OF OKEECHOBEE CODE OF ORDINANCES; REQUIRING PROSPECTIVE LANDLORDS TO CHECK SEXUAL OFFENDER REGISTRY; LIMITING ACCESS OF SEXUAL OFFENDERS TO PUBLIC PARKS AND CHILD CARE FACILITIES, PROVIDE FOR A SPECIAL EXCEPTION FOR A REHABILITATION FACILITY, HALF -WAY HOUSE, CAMP, RETREAT OR OTHER SIMILAR LODGING FOR SEXUAL OFFENDERS AND NON -SEXUAL OFFENDERS; PROVIDING TO ADD A SPECIAL EXCEPTION FOR BOARDING HOUSES AND ROOMING HOUSES, PROVIDING FOR PENALTIES, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE." Council Member Markham moved to approve the first reading of proposed Ordinance No. 967; seconded by Council 2. a) Motion to approve the first reading of proposed Ordinance No. 967, Member Watford. BE DECEMBER 5, 2006 - REGULAR MEETING - PAGE 11 OF 15 X. NEW BUSINESS CONTINUED. B. 2. b) Discussion. c) Vote on motion. C. Presentation of the SFWMD Acceler8 Program - Alvin Jackson, Outreach Manager, Nova Consulting, Inc. Attorney Cook advised that this ordinance is very similar to the one recently adopted by the County. There will be additional ordinances amending the zoning districts, once they are discussed by the Planning Board. The 2500 feet may also be changed due to the size of the City. Mr. Tommy Hoover asked that the Council be cautious with adopting this ordinance. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - ABSENT MOTION CARRIED. Mr. Alvin B. Jackson, Jr., appeared before the Council representing South Florida Water Management District (SFWMD), to explain the purpose of Acceler8 Project, which is an attempt to support the water enhancing of South Florida. It relates to the Everglades Restoration Project that was approved by Congress, signed by President Clinton and Governor Bush, in which $8.4 billion was authorized, not actual money. Acceler8 is a major boost for the Everglades restoration. The expedited course of action reaffirms the commitment of the federal/state/local partnership to revitalize the ecosystem by stepping up the pace on eight restoration projects. By accelerating the funding, design and construction of these projects, the Everglades will experience positive benefit much sooner and in a more cost- effective manner. As opposed to the pay as you go approach, taxpayer dollars needed for construction will be significantly leveraged. The SFWMD will finance project construction with "Certificates of Participation" revenue bonding. Financing and fast -tracking these projects now helps avoid the inevitable increases in construction materials and labor costs. Most of the land for these projects has already been acquired, with much of it purchased in partnership with the federal government. Acceler8 strengthens the State and Federal partnership to restore the Everglades. Mr. Jackson distributed materials containing maps of the sites of construction, and has met with the Chamber of Commerce to explain the projects. A data base of sub -contractors and local businesses will be created and made available to give to the general contractors that are awarded the project bids. This is with the intent to utilize our local businesses, construction laborers, as well as other types of businesses to get the projects underway. We have met with Administrator Whitehall to obtain a list of all the types of businesses that have an occupational licence within the City. No official action was taken on this item. The Mayor and Council thanked Mr. Jackson for his information. Council Member Watford, specifically thanked him for his efforts to assist local businesses. 1 DECEMBER 5, 2006 - REGULAR MEETING - PAGE 12 OF 15 679 X. NEW BUSINESS CONTINUED. D. Motion to approve a Memorandum of Understanding regarding a Council Member Markham moved to approve a Memorandum of Understanding regarding a Uniform Transportation Uniform Transportation Concurrency Management System and Concurrency Management System and Proportionate Fair Share Program for Okeechobee County; seconded by Proportionate Fair Share Program for Okeechobee County - City Council Member Watford. There was a brief discussion on this item. Planning Consultant (Exhibit 7). 11 VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - ABSENT MOTION CARRIED. E. Motion to approve the Certified Canvass Returns from the Council Member Markham moved to approve the Certified Canvass Returns from the Canvassing Board for the 2006 Canvassing Board for the 2006 General Election - City Clerk General Election; seconded by Council Member Watford. (Exhibit 8). Total Registered City Voters is 2,753, of that, 1,312 voted for a 44.7 percent turnout. Certification of the Election Results provided by Okeechobee County Supervisor of Elections, Gwen Chandler, is as follows: Lowry Markham received 670 votes Frances "Jim" Vensel received 481 votes Clayton Williams received 742 votes Eric L. Myers received 320 votes Dowling R. Watford Jr. received 645 votes VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - ABSENT MOTION CARRIED. Clerk Gamiotea took a moment to publically thank County Elections Supervisor, Gwen Chandler for her assistance. Noting the level of professionalism within her office is always impeccable. The elections run very smoothly. She has a handle on all matters and it makes the elections very easy for the City. F. Motion to adopt proposed Resolution No. 06-11 regarding the 2006 Council Member Watford moved to adopt proposed Resolution No. 06-11 regarding the 2006 Elections; seconded by Elections - City Attorney (Exhibit 9). 11 Council Member Markham. Resolution No. 06-11 reads as follows: "WHEREAS, the City Council of Okeechobee, Florida has received the canvassed returns of the City General Election held November 7, 2006, and WHEREAS, Clayton Williams, Lowry Markham and Dowling R. Watford Jr. received the highest number of votes for City Council Member and Lane' Gamiotea was unopposed for election as City Clerk. 680 DECEMBER 5, 2006 - REGULAR MEETING - PAGE 13 OF 15 X. NEW BUSINESS CONTINUED. F. Motion to adopt proposed Resolution No. 06-11 regarding the 2006 Elections continued. G. Motion to adopt proposed Resolution No. 06-12 regarding the authorization to introduce and support the itemized request to be presented at the Legislative Delegation on December 11, 2006 - City Administrator (Exhibit 10). 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. That, Clayton Williams, Lowry Markham and Dowling R. Watford Jr. be, and they are hereby declared elected as City Council Members and that Lane Gamiotea be, and is hereby declared elected as City Clerk, and shall hold office for four (4) years from the first Monday in January following the City General Election and until their successors are elected and qualified as provided by the City Charter, Section 10. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby instructed to issue and deliver Certificates of Election to each of the above named persons." VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - ABSENT MOTION CARRIED. Council Member Markham moved to adopt proposed Resolution No. 06-12 regarding the authorization to introduce and support the itemized request to be presented at the Legislative Delegation on December 11, 2006; seconded by Council Member Watford. Proposed Resolution No. 06-12 title reads as follows: "A RESOLUTION OF THE CITY OFOKEECHOBEE, FLORIDA, AUTHORIZING AND REQUESTING THAT ITEMS LISTED HEREWITH AND ATTACHED BY EXHIBIT, BE INCLUDED IN THE LEGISLATIVE DELEGATION TO THE FLORIDA LEGISLATURE FOR THE 2007 LEGISLATIVE SESSION." Council Member Watford will be presenting the items on behalf of the City. Additional items discussed and agreed to be added to the resolution are: Street Lighting and underground wiring (funding issue); Parks improvements (funding issues); Property Insurance premium relief for our citizens (initiative); City authority on modular building definition as it relates to zoning (initiative). KIRK - YEA C. WILLIAMS - YEA MARKHAM - YEA L. WILLIAMS - ABSENT WATFORD - YEA MOTION CARRIED. nr-rr uRm 5 9MR - QCCI a AQ Ucc-r1K1c - DA2C 1 A no i G6 8 1 1 v ..x ..... ����...��.. �, �vvv •.rMv�.11 .. `...IIIV I I1VV IT VI IV .x s.. CUNILACTIQN F}flif� ,... X. NEW BUSINESS CONTINUED. H. Motion to adopt proposed Resolution No. 06-13 pertaining to Council Member Watford moved to adopt proposed Resolution No. 06-13 pertaining to Ordinance No. 842, extending Ordinance No. 842, extending time for the developer to conclude time for the developer to conclude construction; seconded by Council Member Markham. There was a brief discussion construction - City Attorney (Exhibit 11). on this item. Proposed Resolution No. 06-13 title reads as follows: `A RESOLUTION OF THE CITY OFOKEECHOBEE, FLORIDA EXTENDING THE OPERATION OF ORDINANCE NO. 842 AS PREVIOUSLY ADOPTED, PROVIDING FOR EXTENSION OF TIME IN WHICH DEVELOPER MAY CONCLUDE CONSTRUCTION, PROVIDING FOR DESIGNATED STREETSAND/ORALLEYS TO REMAIN CLOSED PENDING CONCLUSION OFCONSTRUCTION, DIRECTING THE CITY CLERK TO RECORD THE RESOLUTION IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE." VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - ABSENT MOTION CARRIED. I. Discussion regarding semi -truck parking code modification Attorney Cook advised the Council that he presented proposed amendments to the Planning Board for discussion to previously discussed at the September 6, 2006 meeting (Dennis implement special exception procedures for residential owners to park their commercial vehicles, the Board Wilson, 1102 NW 71' Court) - City Attorney. recommended that the codes not be changed. Discussion ensued regarding specific topics discussed with Mr. Wilson and the continuing Code Enforcement issues the City is having. Council directed Attorney Cook to draft the appropriate ordinance amending the code to allow for special exceptions to be applied for by property owners to park their commercial vehicle within a residential area and bring it back to the City Council for first reading. ITEM ADDED TO AGENDA: J. Motion to approve a Temporary Street Council Member Watford move to approve a Temporary Street Closing request by Okeechobee Main Street to close Closing application submitted by Okeechobee Main Street - City Clerk Southwest 4`h Avenue between North and South Park Streets from December 12 through 14, 2006; seconded by (Exhibit 12). Council Member C. Williams. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - ABSENT MOTION CARRIED. • DECEMBER 5, 2006 - REGULAR MEETING - PAGE 15 of 15 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 media is for the sole purpose of backup for official records of the Clerk. ATTEST: James E. Kirk, Mayor n ti 1 Lane 'Gamiotea, CM , City Clerk THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 8:30 P.M. The next regularly scheduled meeting is January 2, 2007, 6:00 p.m.. AFFID"IT OF PUBLISHER OKEECHOBEE TIMES 186 S.E. 5th 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 #013331 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 11/30/2006 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. James A. Hughes, Jr., (Publisher) Sworn to and subscribed before me I ,q this �(' ,1 - � day of 1, l A.D. 2006 (SEAL) Notary Public W't �,osealee A. Brennan Con rn ssjon 4DD318483 Expires: Jun 25, 2008 9; . oe , Bonded Thn► F0FV Atlantic Bonding Co., Inc. CITY COUNCIL MEETING NOTICE NOTICE IS HEREBY GIVEN that the City Council of the City of Okeechobee will meet in Regular Session on Tuesday, December 5, 2006, 6:00 p.m. et 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 10 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 Gamimea, CMC, City Clerk Publish: 1 i 302006 okeecltobee Times 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 Meeting Cancellation 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 11/16/2006 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. James A. Hughes, Jr., (Publisher) Sworn to and subscribed before me l� this / b-d day of A.D. 2006 (SEAL) Notary Public ------------ CITY COUNCIL MEETING CANCELLATION NOTICE NOTICE IS HEREBY GIVEN that the City Council of the City of Okeechobee regularly scheduled meeting for Tuesday, November 21, 2006, 6:00 p.m., City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, Florida, has been cancelled. The next regularly scheduled meeting will be December 5, 2006, 6:00 P.M. 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 soy 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 e hati recordord Of the the proceedings is made, 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; lames E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk Publish: 11116/2006 Okeechobee Times iwsealee A. Brennan Commission #DD318483 Expires: Jun 25, 2008 'TFOF Fro" Bonded Th1u "' "' Atlantic Bonding Co., Inc. Page -1- CITY OF OKEECHOBEE - December 5, 2006 REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Kirk, December 5, 2006. City Council Regular Meeting 6:0k m II. OPENING CEREMONIES: Invocation given by Reverend Dave Ogden Grace Christian Church: Pledge of Allegiance led by Mayor III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Mayor Kirk presented a Twenty Five Year Service Award to Alfred Fisher which read: Al ah6v' c , ,L It) �n A—' ,z (/ B. Mayor Kirk presented a Ten Year Service Award to Lieutenant Donald Hagan which read: Lt ' �'� UT�'tLi �� `. �� �Gtt9 t'7L$'Z 7C<c ;J V. MINUTES - City Clarle A. Council Member moved to dispense with the reading and approve the Sum Q un ' Action for the November 7, 2006 Regular Meeting; seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK t MARKHAM WATFORD L. WILL1 - MOTION: 7CARRIEDbDENIED. VI. WARRANT REGISTE - ay r. A. Council Member moved to approve the October 2006 Warrant Register in the amounts: General Fund, f ur hundred ninety-nine thousand, one hundred twenty-one dollars and eighty-eight cents ($499,121.88); Public Facilities Improvements Fund, two hundred sixty-four thousand, one hundred fifty-five dollars and Eighty-three cents ($264,155.83); Community Development Block Grant CQBG one thousand, eight hundred sixty-nine dollars ($1,869.00) seconded by Council MemberNaj�'� _ - - -VOTE- - -- - YEA __NAY-ABSTAIN--A­aSfiVT---- - - -- KIRK MARKHAM WATFORD - ------ - _-_-_L.-W LLIAM MOTION: ARRIED ENIED. B. Council Member moved to approve the November 2006 Warrant Register in the ----amouMs:-Generat-t=urrd� hundred-oTra-thousand, five- hundred eigtrtZtoitars-and fifty=six-cents - --- - ($401,508.56); Capital Projects, eighteen thousand dollars_ ($18,000.00); Community_ Development -Block Grant CDBG, eleven thousand, two hundred seven ei ht dollars and fi 1 -- - - --- - ty- 'g fty cents ($11,278 50); Public Facilities- Improvements Fund six hundred forty -six -an d eighty-eight cents $646.88)s Law __- Enforcement Fund, one h n red fifty-two dollars and seventy-one cents ($152.71) seconded by - - Coun&Member - - : --- - - - -- -- --VOTE - _ _YES -- NAY--ABSi'AtN- ja- t� - KIRK MARKHAM WATFORD - - L._W LLlA� -_ _ _ . MOTION: ARRI /DENIED. VII. AGENDA - Mayor. k: _ -- - Rag'rests-forthe-additron;-defer or-withdrawaf--of items--on-today's a - VIII. MAYOR KIRK OPENED H PUB HEART FOR ORDINANCE ADOPTION AT :15 P.M. A.1. a) Council Member 4, moved to read by title only, and adopt proposed Ordinance No. -_-_960-regarding- commerce-CenterStmat-- , ing-ApplicationNo._82-- City Attorney_ (Exhibit 1); seconded by Council Member b) Vote on motion. VOTE-- - - YES --NAY--- ABSTAIN - ABSENT` ---- -- --- - - - - - --- - KIRK _MARKHAM__-_ WATFORD - - L_WILIJAMS-- - - MOTION: CA RIED/ ENIED. c) Attorney Cook read proposed Ordinance No. 960 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING ?HE­STREETS,-R1G'HTS=OF-W,4Y OR EASEMENT _ WIT_ HIN THE OKEECHOBEE COMMERCE CENTER, BEING_ A_ PORTION_ OF LAND CONSISTING OF A CUL-DE-SAC LYING IN AND ADJOINING LOTS 17 THROUGH 20, OKEECHOBEE _ COMMERCE CENTER, ATITSINTERSEDTIONWITH-NORTHEAST 1 L"__COURT ,OKEECHOBEE, FLORIDA, ACCORDING TO THE PLAT THEREOF AT PLAT BOOK 7, PAGES 10 THROUGH 14, COUNTY €L�RIDA;-AND MORE-PAR_T4CULARLY DESCRIBED HEREAFTER; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A NONEXCL-USIV€--EASEMENT-FOR-PUBLIC ttM TY ANDIOR DRAIN DIRECTING THE CITY CLERK TORECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE C/RCUIT _ MURT 1N AND FOR OKEECHOBEE COUNTY, FL ORI6A; - - - - ANEFFECTIVEDATE., - 2.4 -Councit-Member- . � _- moved to adopt proposed Ordinance No. 960;_seconded by Council Member Page -3- b) Public comments and discussion. The City of Okeechobee has initiated this street closing which consists of a cul-de-sac adjoining Lots 17 through 20 within the Commerce Center. Due to the location of the lots, being at the Eastern most terminus of the Center, the street closing will provide available accessibility, which will benefit the large scale land development of these lots. 91 bo V 9 c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK MARKHAM WATFORD L. WILL MOTION: RI /DENIED, Page .1: a)-Counc em5er - --moved-to-read-bylioe-only and adopt proposedCFroinance - -_ - No 962, amending the Land DevelopmentRegulations- City- Planning Consultant Exhibit 2 , seconded by council Member T b Vote on motion. - --- KIRK - -- _ --- _- - - - ---- MARKHAM - L. WILLIAMS --- MOT_- __ C RID ENIED. c Attorney Cook read proposed Ordinance No. 962 by title only as follows: "AN ORDINANCE OF THE -C1TT Y---O-z7►�GCC� rfVC rrCs.-iZ�v rA I1C1/CI �1DAICAIT-------- _- - , a� yr nrc��r REGULATIONS, PARTICULARLY ARTICLE 111, DIVISION 8, SECTION 90-253 SPECIAL - - --- - _ --EXCEPTION __USES - -5t2--SPPROt/tDlitG-FOR_A1V-_ - ---- ---- EFFECTIVE DATE." Council__Member moved to adopttprroposed _Ordinance No. _962 seconded____ _ by Council Members -- b) Public comments and discussion. The Planning Board and Planning Staff recommends approvalof the amendment, as discussed at the October 19, 2006 meetm --.- -Tie Tan -ua -e wiii-ame—hd e n 06253-5- eciaTExce t oon-Uses and -Becton � 5t2 - - - 9 9 9 p- p __ Spa_ce_Re.Qulations 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 - - - -------Me%taorant4nd4gMdubs_(Section-90-512(4;-Jnstitufionaf Uw.%f required parking for rcial meavas __ --------- added (Section 90-512(4)). Mr. LaRue at the November 7, 2006 City Council meeting noted that this will lessen parking requirements, to -keep-This_in mind—w�ien�ufure requeslsfior paling re�ct�ions-are cons�ered� - - - -- - ---- -- - -- - - - -'� ZA-' - 0 7- lam. v1 ' 34-1 ly k4v j, n - J ` p - c} _ --Vote-on-_motion,.--- --- VOTE YEA NAY ABSTAIN ABSENT Gumm' -- - RKHAM- - - - - --- - - - - WATFORD CvLt r T l Page -5- C.1. a) Council Member moved to read by title only, and adopt proposed Ordinance No. 964 regarding Alley Applic i n No. 83, submitted by Brad Goodbread - City Attorney (Exhibit 3). b) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK MARKHAM WATFORD L. WILLIAMS MOTION: CA RIE DENIED. c) Attorney Cook read proposed- Ordinance- No. 964 by -title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 206, 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 /NAND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FORAN EFFECTIVE DATE." 2. a) Council Member 4 moved to adopt proposed Ordinance No. 964; seconded by Council Member b) Public comments and discussion. Mr. Brad Goodbread submitted on behalf of property owner George A. Goodbread, Alley Closing Application No. 83., as instructed by City Attorney Cook, and has also 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, in which Mr. Goodbread has been paying taxes on the alleyway. The purpose of the ordinance is to close the North to South alleyway located directly 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. C 1 c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK / MARKHAM WATFORD L: MOTION: CkARF NIED. --Page-6— D.J. al-CouncluMernber- moved toreadby lire--o—nry,-and-adopt proposed --- - Ordinance No. 965 regardij Cycle 1 2006 Comprehensive Plan Amendments - City Planning Consultant (Exhibit 4). b) Vote on motion. -------VOTE-- ---- -YE4--jhW----JMTM ASSENT KIRK N)"In 11,13, E_-Rn MARKHAM WA'lrFORD L. WILLIAMS,,�< MOTION: C C) Attorney Cook read proposed Ordinance No. 965 by title oniy as follows: "AN ORDINANCE OF THE a-T-YOF 0 K OBEE-, AMENDMENTTES-ITISCOAUVOWNS VEPLAN-- INCLUDING AMENDMENTS TO THE FUTURE LAND USE MAP, THE TEXT OF THE FUTURE LAND VSE, CON, 'PITA IMPRO TS ELEMENM, 70-REIM41iND- UPDATE THE EXISTING OBJECTIVES, POLICIES, DATA AND ANALYSIS; IN ACCORDANCE WITH -THE MANDATES SET RORM I—MCHAPTER-t63,-FL:ORaA-STATU779,-PROVIDWGTM- TRANSMITTAL TO THE STATE LAND PLANNING AGENCY PROVIDING CONFLICTS CLAUSE AND SEVERABILITY CLAUSE, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER -2-a) Council Member— Vb4"4,n�­_- ---moved to adopt-!,)roposedOrdirrance-Nc,.-965,-seconded- byCouncil Member Public comments and discussion. --Tlia-prqxwd-text-amendmntsto-thiE: rz eheasiv-ePlan-w-ere-fir"L%trbutedjorP-taanin�Rnardr view___ at the May 23, 2006 meeting and then again with a recommendation for approval, at the July 20, 2006 --meeting -The-C-ity -may review and-submitto ft Departm nto ity-Affaim-(DCk, arn"d-ments-twice, --- - -- a year. These are the first amendments for 2006 (known as Cycle 1-2006) and were read for first reading at Ile qW444-1-4- - AVW4 -----Vote_onAT40ti0n,-- -- --MAYRYJRK CLOSED -THE -P-MC-HEARING-AT Page -7- IX. UNFINISHED BUSINESS. A. Consider processing a partial alley closing located in the 100 Block of the South side of SW 21" Street - Brad Goodbread. Mr. Bradley Goodbread requested the City Council authorize the City Clerk to accept a partial alley closing application 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. It is standard procedure to have all required property owners sign a consent to the closing. At the November 7, 2006 meeting Mayor Kirk instructed Administrator Whitehall to meet with Mr. Goodbread and Mr. Sizemore to determine whether a compromise could be negotiated. WJA 0 4; �E `'te --- ---- --Flage ­8­ k A. 1,_a)o U-4 Zu-n—cif-Mcemb e'r movedto-re-adbyti-tle-on-ly-,-a-nd-s6t--January! WO-7-a--s---a-final- public hearing date _forposedOrdinance No. 966 regarding Pro weid porticnate F - air - Share Transportatiop - City Planning Consultant (Exhibit 5); seconded by Council Member -b) - - --Vote-on -motion VOTE YEA NAY ABSTAIN ABSENT KIRK G4AXlXW MARKHAM ----WATFORD L. WILLIAMS OftyAftmerreadpropmed-6rdirrance-Ra-966-bytftfe-oniy-asfoflows---lAN-AhfENDMENT-TaTiff- -----, CITY OF OKEECHOBEE LAND DEVELOPMENT CODE CREATING THE CITY OF OKEECHOBEE PROPORTIONATEfMSHAHi:TRANSPORTAT10NOHDI)YANCE,---CREA77NGARTMEVOF-- CODE BOOK CHAPTER 78 DEVELOPMENT STANDARDS; PROVIDING FOR SHORT TITLE, A UTHORITY A NDAPPLICABILITY;­_-_PR_ ­OVIDING FOR INTENT AND PURPOSE, PROVIDING FOR -.--.--DEFINITIONS;--MOVIMG---FOR-RULES-�0,-F-CONS-TRU�TJD"ROYIDIM-F--O"ENERAL-- REQUIREMENTS, APPLICATIONPROCESS, AND DETERMINATION OFPROPORTIONA TE FAIR SHA E_OBL-"TIOAf; -PROVfD1NaFOR TRANSPORT_IMp_ACT_FEE__ CREDIT, PROVIDING FOR PROPORTIONATE FAIR SHARE AGREEMENTS; PROVIDING FOR APPROPRIATION F FAIR 0-11ARE- REVENUES PROVIDING JPYWRLICTS -OF -L",— SEVERABILITY, CODIFICATION, SCRIVENER'S ERRORS, INCLUSION AND CODE AND AN 4 A 2. a) Council Member m __�d Ttpppprodthe first readli of p4psed Ordinance No. %6;-seconded by Cou Member Az -Disctzsion. z � - C_p�, C) Vote on motion. --VOTE -YEA ---NAY ---ABSTAIN--- ABSENT--__-_-__ KIRKWATFORD L. W �C MOTION: RRIE DENIED. a)-CouncitlVtem-Ger - r --moved fo reader -title onry, and sei J-anuar-y2,-2DDi-- - - - _ as a final public hearing dat for proposed Ordinance No. 67 re ardin sexual offender restrictions - - - -- City Attorney (Exhibit 6); seconded by Council Member - - L. WILLIAMS— - - - -- -- - -- - MOTION: CA RIE ENIED. c City Attorney read proposed Ordinance No. 967 by title only as follows: "AN ORDINANCE OF THE - - £ITYOF-OK-EE-HOBEE-4N-AND- FOR- THE —CI T-OF-OKEECHOBEE, , CHAPTER 38 OF THE CITY OF OKEECHOBEE CODE OF ORDINANCES BY PROVIDING -RELATING-TO-SEXUAL-- OFFE RESTRICTIONS FOR CERTAIN SEXUAL OFFENDERS FROM SCHOOLS, CHILD_ CARE _ PACIL TIES, 00R PUBLIC PARKS AND PROVIDING FOR EXCEPTIONS,• PROHIBITING MULTIPLE- _-_- -- __ -_ ____-_SEX_UALOFFENDER$FROMREDINTQ��T I T ESAMEQW��LLINGUN/TOR1�YlIH1N ________ ____ THE SAME MULTI -FAMILY RESIDENTIAL USE, PROHIBITING THE ESTABLISHMENT OF A REHABIU-Ti4T'"-F=LITYr-HALFW"-HOUW-- AMPS--RE-TREAT--OR--OTHER-SIMILAR--------__ LODGING FOR SEXUAL OFFENDERS OR NON -SEXUAL OFFENDERS UNLESS PERMITTED BY AS -A SPECtAt _ T1fE-HEA-VY-£OMME14efAt,-OR------- _ INDUSTRIAL ZONING CLASSIFICATIONS; PROHIBITING THE LEASING OF REAL PROPERTY - 70�'EXUACOFFENDERS 7N VTQCATCOIV aF CHAPTER 3E ---- CODE OF ORDINANCES, _REQUIRING _PROSPECTIVE_ LANDLORDS TO CHECK _SEXUAL ER OFFENDREGISTRY; LIMITING ACCESS OFSEXUAL OFFENDERS TO PUBLIC PARKS AND CHILD C.ARE_FgC/LIT/ES; PROVIDE FOR A SPECIAL EXCEPTION L�QB A-REH 4BIUT,4TIOAt-----_--- - FACILITY, HALF-WAYHOUSE, CAMP, RETREAT OR OTHER SIMILAR LODGING FOR SEXUAL __ __------ _._ nWZNDER eNDNO ;SE4UAL-D eC� �"�-R , -Pf�4WOWG-TO-AWA„PECfAL XCEpMW--------._ - - FOR BOARDING HOUSES AND ROOMING HOUSES, PROVIDING FOR PENALTIES, -2-a-j-_Council Member - - h-�___---------__--- -------------------- mod to approve fhe first reading of proposed Ordinance -- 967 seconded by_ Council_Member(,"� }f� �9 -- - Discussion.(:-- _ _ -- - -- lklt IJ r r ----- --- -- --- - _ - C) - . --- ote on motion. VOTE - - -YEA NAY ABSTAIN ABSENT - --- - - -- - ----- -- - ---- WAT FORD MOTION: C RI D DENIED. / A , OJV104, t 60 pt&�t� 6Uk C -44144L� Page - 10- C. Presentation of the SFWMD Acceler8 Program - Alvin Jackson, Outreach Manager, Nova Consulting, Inc. 66- IL U nuv� P5 Nb 4A� LwW, IV 4/-X-4-k - 0 N' Page - t 2- E. Council Member 'lG - : moved to approve the Certified Canvass Returns from the Canvassing Board for the 2 06 General Election - City Clerk (Exhibit 8); seconded by Council Member Ll Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK � MARKHAM WATFORD L. WILLIAMS MOTION: C RRIEm/IhFNiFn Page -14- G. Council Member_ moved to adopt proposed Resolution No. 06-12 regarding the authorization to introduce and support the itemized request to be presented at the Legislative Deleg MCI on December 11, 2006 -City Administrator (Exhibit 10); seconded by Council Member Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK MARKHAM WATFORD L. WILLIAMrRRI MOTION: G /DENIED. Page -16- I. Discussion regarding semi -truck parking code modification previously discussed at the September 6, 2006 meeting (Dennis Wilson, 1102 NW 7`h Court) - City Attorney. / A C Lv ✓ 1 �-1 C tiL� f� 1 �L /�t we'd '4 /bLi�' �(JOZ4, r XI. MAYOR KIRK ADJOURNED THE MEETING AT e: 5 ` P.M. CITY OF OKEECHOBEE DECEMBER 5, 2006 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 6 CALL TO ORDER - Mayor: December 5, 2006, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Rev. Dave Ogden, Grace Christian; Pledge of Allegiance led by Mayor. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk 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 Twenty Five Years of Service Award to Alfred Fisher. B. Present a Ten Years of Service Award to Donnie Hagan. DECEMBER 5. 2006 - CITY CouNr_u Ar,FNnA . PAr:r 9 nr a V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the November 7, 2006 Regular Meeting. M. WARRANT REGISTER - Mayor. A. Motion to approve the October 2006 Warrant Register, General Fund $499,121,88 Public Facilities Fund $264,155.83 CDBG Fund $ 1,869.00 B. Motion to approve the November 2006 Warrant Register. General Fund $401,508,56 Capitol Projects - Vehicles $ 18,000.00 CDBG Fund $ 11,278.50 Public Facilities Fund $ 646.88 Law Enforcement Fund $ 152.71 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. 960, regarding Okeechobee Commerce Center Street Closing Application No. 82 - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 960 by title only. All. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A.2.a) Motion to adopt Ordinance No. 960. b) Public comments and discussion. c) Vote on motion. DECEMBER 5, 2006 - CITY COUNCIL AGENDA - PAGE 3 OF 6 B.1.a) Motion to read by title only and adopt proposed Ordinance No. 962, amending the Land Development Regulations -City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 962 by title only. 2.a) Motion to adopt Ordinance No. 962. b) Public comments and discussion. c) Vote on motion. C.1.a) Motion to read by title only and adopt proposed Ordinance No. 964 regarding Alley Application No. 83, submitted by Brad Goodbread -City Attorney (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 964 by title only. 2.a) Motion to adopt Ordinance No. 964. b) Public comments and discussion. c) Vote on motion. DECEMBER 5, 2006 - CITY COUNCIL AGENDA - PAGE 4 OF 6 All. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. D.1.a) Motion to read by title only and adopt proposed Ordinance No. 965 regarding Cycle 12006 Comprehensive Plan Amendments -City Planning Consultant (Exhibit 4). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 965 by title only. 2.a) Motion to adopt Ordinance No. 965. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. IX. UNFINISHED BUSINESS. A. Consider processing a partial alley closing located in the 100 Block of the South side of SW 21st Street - Brad Goodbread. X. NEW BUSINESS. A.1.a) Motion to read by title only and set January 2, 2007 as a final public hearing date for proposed Ordinance No. 966 regarding Proportionate Fair Share Transportation - City Planning Consultant (Exhibit 5). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 966 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 966. b) Discussion. DECEMBER X. NEW BUSINESS CONTINUED. 2.c) Vote on motion. 2006 - CITY COUNCIL AGENDA - PAGE 5 OF 6 B.1.a) Motion to read by title only and set January 2, 2007 as a final public hearing date for proposed Ordinance No. 967 regarding sexual offender restrictions - City Attorney (Exhibit 6). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 967 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 967. b) Discussion. c) Vote on motion. C. Presentation of the SFWMD Acceler8 Program - Alvin Jackson, Outreach Manager, Nova Consulting, Inc. D. Motion to approve a Memorandum of Understanding regarding a Uniform Transportation Concurrency Management System and Proportionate Fair Share Program for Okeechobee County - City Planning Consultant (Exhibit 7). E. Motion to approve the Certified Canvass Returns from the Canvassing Board for the 2006 General Election - City Clerk (Exhibit 8). F. Motion to adopt proposed Resolution No. 06-11 regarding the 2006 Elections - City Attorney (Exhibit 9). G. Motion to adopt proposed Resolution No. 06-12 regarding the authorization to introduce and supportthe itemized requestto be presented atthe Legislative Delegation on December 11, 2006 - City Administrator (Exhibit 10). H. Motion to adopt proposed Resolution No. 06-13 pertaining to Ordinance No. 842,extending time for the developer to conclude construction - City Attorney (Exhibit 11). DECEMBER 5, 2006 - CITY COUNCIL AGENDA - PAGE 6 OF 6 X. NEW BUSINESS CONTINUED. I. Discussion regarding semi -truck parking code modification previously discussed atthe September 6, 2006 meeting (Dennis Wilson,1102 NW 7th Court) - City Attorney, XI. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertist ent, ng l in matter of � 1 F� r t in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE .EASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida wig on Tuesday December 5, 2006 at 6:00 m. or as soon thereafter possible, at City Haq, 55 SE 3rd Ave., Okeechobee, R conduct a PUBLIC HEARING on and thereafter to consider foal readin at the following Ordinance into law: NO.960: AN ORDINANCE CLOSING, VACATING AND ABANDONING THE STREETS, RIGHTS -OF -WAY OR EASEMENT WITHIN THE OKEECHOBEE COMMERCE CEN- TER, BEING A PORTION OF LAND CONSISTING OF A CUL-DE-SAC LYING IN AND ADJOINING LOTS 17 THROUGH 20, OKEECHOBEE COMMERCE CENTER, AT ;ITS INTERSECTION WITH NORTHEAST 11TH COURT, OKEECHOBEE, FLORI- DA', ACCORDING TO THE PLAT THEREOF AT PLAT BOOK 7, PAGES 10 THROUGH 14, PUBLIC RECORDS OKEECHOBEE COUNTY FLORIDA, AND IS MORE PARTICULARLY DESCRIBED HEREAFTER; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITY AND/OR DRAINAGE PURPOSES; 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. ie Ordinance pertains to Shd Closing Application No. 82, submitted by the City of Okeechobee. The purpose of the ordinance is to close that portion of Northeast 11th Court consisting of the cul-de-sac adjoining Lots 17 through 20, City of Okeechobee Commerce Ceder I members of the public are encouraged to attend and participate in said hearing. The proposed Ordinance may be inspected in its entirety by members of the pub- lic in the Office of the City Clerk during regular business hours, Mon -Fri, 8am-4:30pm, except for holidays. -EASE TAKE NOTICE AND BE ADVISED that 9 any person desires to appeal any decision made by the City Council with respect to any matter considered at this hearing, such interested person wig need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk accordance with the Americans with Disability Act (ADA) and Florida Statutes 28626. persons with disabgities needing special accommodation to participate in this proceeding should contact Lane Gamictea no later than two (2) working days prior to the proceeding at B63-763-3372 x215, if hearing or vo,ce imoaved. call TOD 1-800-222-3448 (voice or 1-888-447-5620 (TTY) Me Gamiotea, CMG, CITY CLERK 76751 ON 11/22/06 a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. / L Sworn to 1 subscribed before me this day of A.D. 20 42 ,ot,s+Y-Pk Karmen R. Brown 2 "= Commission #DD272118 Notary Public, State ofFloridaat Large aQ Expires: Jan 17, 2008 -9TFOFo?, Bonded Thrill Atlantic Bonding Co., Inc. Exu[BIT 1 DECEMBER 5, 2006 ORDINANCE NO. 960 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE STREETS, RIGHTS -OF -WAY OR EASEMENT WITHIN THE OKEECHOBEE COMMERCE CENTER, BEING A PORTION OF LAND CONSISTING OF A CUL-DE-SAC LYING IN AND ADJOINING LOTS 17 THROUGH 20, OKEECHOBEE COMMERCE CENTER, AT ITS INTERSECTION WITH NORTHEAST 11T" COURT, OKEECHOBEE, FLORIDA, ACCORDING TO THE PLAT THEREOF AT PLAT BOOK 7, PAGES 10 THROUGH 14, PUBLIC RECORDS OKEECHOBEE COUNTY FLORIDA, AND AS MORE PARTICULARLY DESCRIBED HEREAFTER; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITY AND/OR DRAINAGE PURPOSES; 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 of Okeechobee, Florida has initiated this street, alley or easement closing of those described lands herein, which consists of a cul-de-sac adjoining Lots 17 through 20, Okeechobee Commerce Center; and WHEREAS, due to large scale land development on the described lots the developer has indicated that the referenced cul-de-sac and easements are not necessary for development and/or access to the property; and WHEREAS, because of the location of the lots within the Commerce Center at the Eastern most terminus of the center, and of other available access in the Center, the City of Okeechobee has determined that the closing of the street or easements will permit and benefit the development of the Commerce Park, and not materially affect the rights or needs of adjoining lot owners or the community as a whole in its use and enjoyment of the property; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED by the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section One. The streets and easements described hereafter in attached Exhibits A, B and C, which are incorporated herein by reference, are hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: A. That portion of Northeast 111h Court consisting of the cul-de-sac adjoining Lots 17 through 20, City of Okeechobee Commerce Center as found on the plat thereof at Plat Book 7, Pages 10 through 14, as recorded in the public records, Okeechobee County, Florida, described and designated by map, in Exhibit "A" and which is incorporated herein by reference. Page 1 of 13 B. That portion of the cul-de-sac which is designated as a utility easement completely surrounding the cul-de-sac and adjoining Lots 17 through 20, City of Okeechobee Commerce Center as found on the plat thereof at Plat Book 7, Pages 10 through 14, as recorded in the public records, Okeechobee County, Florida, described and designated by map and more particularly describes as in Exhibit "B" which is incorporated herein by reference. Section Two. For purposes of clarification, that certain ten foot strip of land adjoining Northeast 11" Court at the cul-de-sac and described in Exhibit "C", shall remain an open City right-of-way, and the City of Okeechobee, Florida hereby reserves unto itself, its successors and assigns, a perpetual, non-exclusive easement for public utility or drainage purposes in and over that certain strip of land ten feet in width running along Northeast 11 ch Court from the Northeast corner of Lot 17, and across the described cul-de-sac to the Northwest corner of Lot 20, City of Okeechobee Commerce Center, as found on the plat thereof at Plat Book 7, Pagers 10 through 14, recorded in the public records, Okeechobee County, Florida, and described and designated by map in Exhibit "C" which is incorporated herein by reference. Section Three. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Four. This ordinance shall be set for final public hearing the 51h day of December. 2006, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 1r day of October, 2006. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 5 th day of December, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 13 James E. Kirk, Mayor EXHIBIT A ORDINANCE NO. 960 LOCATION MAP 6 N1 13 1 14 3 v: f 4 TRACT NOT TO SCALE 7 12 8 /_`/' 1 1 9 1 1 10 CONSERVATION TAAC7 .I 3 3-P 16 CONSERV I NTRACf 2 1 / ATER MA N jGEMENT TRACT 17 TRACT "R.1" CONS ER VA, TION TRACT TRACT'A" CONSERVATION7TRACT AC'r DESCRIPTION. 15 20 o'C 18 19 A PORTION OF TRACT "R-1 ", LYING BETWEEN LOTS 17 THROUGH 20, CITY OF OKEECH� COMMERCE CENTER, ACCORDING TO THE PLAT THEREOF" RECORDED IN PLAT BOOK 7, PAGES 10 THROUGH 14, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF LOT 17 OF SAID PLAT; THENCE SOUTH 90'00'00" EAST ALONG THE NORTH LINE OF SAID LOT 17, A DISTANCE OF 258,88 FEET; THENCE NORTH 89'45'25" EAST ALONG SAID NORTH LINE, A DISTANCE OF 264.11 FEET TO THE NORTHERLY MOST NORTHEAST CORNER OF SAID LOT 17, ALSO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89'45'25" EAST, A DISTANCE OF 150,00 FEET TO THE POINT ON THE ARC OF A. NON -TANGENT CURVE, CONCAVE SOUTHEASTERLY (SAID POINT BEARS NORTH 00'14'35" WEST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 45.00 FEET, AN ARC LENGTH OF 70.69 FEET, AND A CENTRAL ANGLE OF 90'00'00" TO A POINT OF TANGENCY; SKETCH OF DESCRIPTION THIS IS NOT A SURVEY SURVEYORS CERTIFICATE 1 HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION IS ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 01917-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. THERE ARE NO VISIBLE ABOVE GROUND ENCROACHMENTS OTHER THAN THOSE SHOWN HEREON. SUBJECT TO THE QUAUFK:ATIONS NOTED HEREON. FO�R THE FIRM, BY: ROBERT D, KEENER %1 7 dC SKETCH do DESCRIPTION SWM 07 06 O6 N A RDK PROFESSIONAL SURVEYOR ANO MAPPER FLORIDA LICENSE NUMBER 412146 REVISION DWN DATE FB/PG CKD CRAIG A. SMITH & ASSOCIATES OKEEECHOBEE PARK OF COMMERCE CONSULTING ENGINEERS —PLANNERS —SURVEYORS ROAD VACATION 11101 SOUTH CROWN WAY, SUITE I PORTION OF TRACT "R-1" WELLINGTON, FLORIDA 33414 ( 561 ) 791-9260 PROJECT NUMBER: 00-09860 CITY CERTIFICATE NO. LB-31 10 CAD LIBRARY 00 09860 city\ h \ h a \ naeen� Shad 1 of 3 Ordinance No. 960 Page 3 of 13 B THENCE SOUTH 00'14'35" EAST, A DISTANCE OF 68.32 FEET TO THE BEGINNIG OF A TANGENT CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 52.00 FEET, AN ARC LENGTH OF 32.57 FEET, AND A CENTRAL ANGLE OF 35'52'57" TO A POINT OF TANGENCY; THENCE SOUTH 36'07'32" EAST, A DISTANCE OF 81.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 1030.00 FEET, AN ARC LENGTH OF 58.54 FEET, AND A CENTRAL ANGLE OF 03'15'23" TO A POINT OF REVERSE CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 52.00 FEET, AN ARC LENGTH OF 43.72 FEET, AND A CENTRAL ANGLE OF 48'10'07" TO A POINT OF REVERSE CURVE CONCAVE NORTHERLY; THENCE SOUTHERLY, WESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 78.00 FEET, AN ARC LENGTH OF 383.45 FEET, AND A CENTRAL ANGLE OF 281'40'02" TO A POINT OF REVERSE CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 52.00 FEET, AN ARC LENGTH OF 48.99 FEET, AND A CENTRAL ANGLE OF 53'58'31" TO A POINT OF COMPOUND CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC . OF SAID CURVE HAVING A RADIUS OF 970.00 FEET, AN ARC LENGTH OF 47.05 FEET, AND A CENTRAL ANGLE OF 02'46'45" TO A POINT OF TANGENCY; THENCE NORTH 36'07'32" WEST, A DISTANCE OF 81.95 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 112.00 FEET, AN ARC LENGTH OF 70.14 FEET, AND A CENTRAL ANGLE OF 35*52'57" TO A POINT OF TANGENCY; THENCE NORTH 00' 14'35" WEST, A DISTANCE OF 68.32 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 45.00 FEET, AN ARC LENGTH OF 70.69 FEET, AND A CENTRAL ANGLE OF 90'00'00" TO THE POINT OF BEGINNING; SAID LANDS SITUATE IN OKEECHOBEE COUNTY, FLORIDA CONTAINING 0,91 ACRES, MORE OR LESS. SURVEYOR'S NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE' AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, 2. THIS PARCEL HAS NOT BEEN ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OR OTHER RECORDED OR UNRECORDED INSTRUMENTS. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE WEST LINE OF THE CITY OF OKEECHOBEE COMMERCE CENTER, RECORDED IN PLAT BOOK 7, PAGES 10 THROUGH 14, OKEECHOBEE COUNTY PUBLIC RECORDS. ( SHOWN TO BEAR NORTH 06'04'35" WEST ) . LEGEND ¢� CENTER LINE PGS PAGES COR. CORNER PB PLAT BOOK CENTRAL ANGLE P.0.8. POINT OF BEGINNING DE DRAINAGE EASEMENT P.O.C. PONT OF COMMENCEMENT L ARC LENGHT R RADIUS N.T.S. NOT TO SCALE R.O.W. RIGHT OF WAY SKETCH OF DESCRIPTION OCPR OKEECHOBEE COUNTY UE UTILITY EASEMENT THIS IS NOT A SURVEY PUBLIC RECORDS CRAG A. SMITH & ASSOCIATES CONSULTING ENGINEERS -PLANNERS -SURVEYORS 11101 SOUTH CROWN WAY, SUITE 1 C/,/2S WEWNGTON` FLORIDA 33414 (} 561 1 791-9280 CER 1FCATE NO. LB-3110 CAD OKEEECHOBEE PARK OF COMMERCE ROAD VACATION PORTION OF TRACT "R-1" PROJECT NUMBER: 00-09860 CITY 31 Ordinance No. 960 Page 4 of 13 LEGEND CONSERVATION CENTER LINE CAR CORNER TRACT CENTRAL ANGLE o C-1 DE DRAINAGE EASEMENT ARC LENGHT o \ L o `�I 16 OCPR OKKEECHOBEELCOUNTY `'' PUBLIC RECORDS � PGS PAGES PB PLAT BOOK o P.O.B. POINT OF BEGINNING P.O.C. PONT OF COMMENCEMENT R RADIUS 10'U.E. R.O.W. UE RIGHT OF WAY UTILITY EASEMENT NORTH LINE P.O.B. LOT 17 (NORTHERLY MOST TRACT "R_1" - N R-TWEAST - Q'00'00" = -C�l90'00'00" E COR. LOT 17) N 89'45 25" E R=45.00' °� �— 8 N 89'45'25" E 264,11' 150. 0' L=70,69' (NW COR, �! 6=90 00 00 -----------------'----- /�/ / �iJ S 00'14'35° E 10 U.E. LOT 17) = R=45.00' 6 ' rni 68.32 o L=70.69' R.0.W. �la / big 4=35'52'57" ,. W N 00'14'35" R-52.00' z� OKEECHOBEE 68,32' I Z L=32.57' �o COMMERCE CENTER 20 3 (PB 7, FIGS 10 -14, OCPR) s \ "�'• �=03'15'23" 6=35'52'57" \ �� �(, o�, R=1030.00 17 R=112.00' L=70.14' L=58.54 CONSERVATION TRACT C-3 20'DE �y�v' G90 \�=48'10'07" & UE 10' s'`�'' 9A % R=52.00'. ------------------ L=43.72' ------- - ------------------- � W 10' G=02'46'45" �I \ Ln R=970.00' l -- J -- 4=53'58'31" R=52.00' L1=281'40'02" L=48.99' R=78.00' L=383.45' -aKZTCH OF DESCRIPTION \ \ THIS A SURVEY CRAG A. SV/TH & ASSOCIATES CONSULTING ENGINEERS —PLANNERS —SURVEYORS p 11101 SOUTH CROWN WAY, SUITE 1 WELLINGTON, FLORIDA 33414 581 ) 791-9280 CER IFICATE NO. LB-3110 18 �-- -, I ,I 19 I, 10'UE I �5, 5'� I II II. I OKEEECHOBEE PARK OF COMMERCE ROAD VACATION PORTION OF TRACT VACATION PORTION PROJECT NUMBER: 00-09860 CITY CAD U rd Ordinance No. 960 Page 5 of 13 EXHIBIT B ORDINANCE NO. 960 NOT O gyhib�� 6 A PORTION OF LAND LYING IN LOTS 17 THROUGH 20, CITY OF OKEECHOBEE COMMERCE CENTER, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 10 THROUGH 14, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF LOT 17 OF SAID PLAT; THENCE SOUTH 90'00'00" EAST ALONG THE NORTH LINE OF SAID LOT 17, A DISTANCE OF 258.88 FEET; THENCE NORTH 89'45'25" EAST ALONG SAID NORTH LINE AND ITS EASTERLY EXTENSION, A DISTANCE OF 414.11 FEET TO THE NORTHERLY MOST NORTHWEST CORNER OF SAID LOT 20, ALSO THE POINT OF BEGINNING; THENCE SOUTH 00'14'35" EAST, A DISTANCE OF 10.00 FEET TO A POINT ON THE ARC OF A NON -TANGENT CURVE CONCAVE SOUTHEASTERLY (SAID POINT BEARS N 00' 14'35" W FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 35.00 FEET, AN ARC LENGTH OF 54.98 FEET, AND A CENTRAL ANGLE OF 90'00'00" TO A POINT OF TANGENCY; SKETCH OF DESCRIPTION -THIS IS NOT A SURVEY I HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION IS ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER aIG17-8, FLORIDA AOMINISTRATTVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. THERE ARE NO VISIRLE ABOVE GROUND ENCROACHMENTS OTHER THAN THOSE SHOWN HEREON, SUBJECT TO THE QUALIFICATIONS NOTED HEREON. FOR THE FIRM, BY: -7 i L SKETCH & DESCRIPTION SWM 07 06 06 N A ROK ROdERT D. KEENER PROFESSIONAL SURVEYOR AND MAPP REVISION DWN DATE FB/PG . CKD FLORIDA LICENSE NUMBER 4846 CRAIG A. SMITH & ASSOCIATES 0 FEE THOU PARK OF COMMERCE CONSULTING ENGINEERS -PLANNERS -SURVEYORS 1 O FEET UTILITY EASEMENT VACATION 11101 SOUTH CROWN WAY, SUITE 1 LOTS 17 THROUGH 20 C/;'S WELLlNGTON, FLORIDA1-80 PROJECT NUMBER; 00-09860 CITY ( 581 ) 791-9280 CERTIFICATE NO. LB-3110 CAD LIBRARY:00-09860 ell base base -ease YOC 09860eas-vae.dw Sheei 1 0l 5 Ordinance No. 960 Page 6 of 13 THENCE SOUTH 00' 14'35" EAST, A DISTANCE OF 68.32 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 42.00 FEET, AN ARC LENGTH OF 26.30 FEET, AND A CENTRAL ANGLE OF 35'52'57" TO A POINT OF TANGENCY; THENCE SOUTH 36'07'32" EAST, A DISTANCE OF 81.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 1040.00 FEET, AN ARC LENGTH OF 59.11 FEET, AND A CENTRAL ANGLE OF 03'15'23" TO A POINT OF REVERSE CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 42.00 FEET, AN ARC LENGTH OF 35.31 FEET, AND A CENTRAL ANGLE OF 48'10'07" TO A POINT OF REVERSE CURVE CONCAVE NORTHERLY; THENCE SOUTHWESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 88.00 FEET, AN ARC LENGTH OF 432.61 FEET, AND A CENTRAL ANGLE OF 281'40'02" TO A POINT OF REVERSE CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 42.00 FEET, AN ARC LENGTH OF 39.57 FEET, AND A CENTRAL ANGLE OF 53'58'31 " TO A POINT OF COMPOUND CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 960.00 FEET, AN ARC LENGTH OF 46.58 FEET, AND A CENTRAL ANGLE OF 02'46'47" TO A POINT OF TANGENCY; THENCE NORTH 36'07'32" WEST,,A DISTANCE OF 81.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 122.00 FEET, AN ARC LENGTH OF 76.40 FEET, AND A CENTRAL ANGLE OF 35'52'57" TO A POINT OF TANGENCY; THENCE NORTH 00'14'35" WEST, A DISTANCE OF 68.32 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 35.00 FEET, AN ARC LENGTH OF 54.98 FEET, AND A CENTRAL ANGLE OF 90'00'00 TO A POINT OF NON -TANGENCY; THENCE NORTH 00' 14'35" WEST, ALONG A LINE RADIAL TO THE NEXT DESCRIBED CURVE, CONCAVE SOUTHWESTERLY, A DISTANCE OF 10.00 FEET TO A POINT ON THE NORTH LINE OF LOT 17; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 45.00 FEET, AN ARC LENGTH OF 70,69 FEET, AND A CENTRAL ANGLE OF 90'00'00" TO A POINT OF TANGENCY; THENCE SOUTH 00'14'35" EAST, A DISTANCE OF 68.32 FEET TO THE BEGINNING OF A TANGENT -CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 112.00 FEET, AN ARC LENGTH OF 70.14 FEET, AND A CENTRAL ANGLE OF 35'52'57" TO A POINT OF TANGENCY; THENCE SOUTH 36'07'32" EAST, A DISTANCE OF 81.95 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 970.00 FEET, AN ARC LENGTH OF 47.05 FEET, AND A CENTRAL ANGLE OF 02'46'45" TO A POINT OF COMPOUND CURVE CONCAVE SOUTHWESTERLY; SKETCH OF DESCRIPTION THIS IS NOT A SURVEY CRAG A. SMITH & ASSOCIA TES CONSULTING EUTH C RS N WAY, SUITE C�ss 11101 SOUTH CROWN WAY, SUITE 1 WELUNGTON, FLORIDA 33414 561 ) 791-9280 CER IFICATE NO, LE-3110 OKEEECHOSEE PARK OF COMMERCE 10 FEET UTILITY EASEMENT VACATION LOTS 17 THROUGH 20 PROJECT NUMBER, 00-09860 CITY CAD LISRARY,00-09860 clIAbase\boas-ease vac\09860am-va i_ cti Ordinance No. 960 Paqe 7 of 13 e THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 52.00 FEET, AN ARC LENGTH OF 48.99 FEET, AND A CENTRAL ANGLE OF 53'58'31 " TO A POINT OF REVERSE CURVE CONCAVE NORTHLY; THENCE SOUTHEASTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 78.00 FEET, AN ARC LENGTH OF 383.45 FEET, AND A CENTRAL ANGLE OF 281'40'02" TO A POINT OF REVERSE CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 52.00 FEET, AN ARC LENGTH OF 43.72 FEET, AND A CENTRAL ANGLE OF 48' 10'07" TO A POINT OF REVERSE CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 1030.00 FEET, AN ARC LENGTH OF 58.54 FEET, AND A CENTRAL ANGLE OF 03'15'23" TO A POINT OF TANGENCY; THENCE NORTH 36'07'32" WEST, A DISTANCE OF 81.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 52.00 FEET, AN ARC LENGTH OF 32.57 FEET, AND A CENTRAL ANGLE OF 35'52'57" TO A POINT OF TANGENCY; THENCE NORTH 00'14'35" WEST, A DISTANCE OF 68.32 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 45.00 FEET, AN ARC;.LENGTH OF 70.69 FEET, AND A CENTRAL ANGLE OF 90'00'00" TO THE POINT OF BEGINNING; SAID LANDS SITUATE IN OKEECHOBEE COUNTY, FLORIDA CONTAINING 0.26 ACRES, MORE OR LESS. SURVEYOR'S NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. THIS PARCEL HAS NOT BEEN ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OR OTHER RECORDED OR UNRECORDED INSTRUMENTS. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE WEST LINE OF THE CITY OF OKEECHOBEE COMMERCE CENTER, RECORDED IN PLAT BOOK 7, PAGES 10 THROUGH 14, OKEECHOBEE COUNTY PUBLIC RECORDS. ( SHOWN TO BEAR NORTH 06'04'35" WEST ) . LEGEND ¢� CENTER LINE COR. CORNER Q CENTRAL ANGLE DE DRAINAGE EASEMENT L ARC LENGHT N.T.S. NOT TO SCALE OCPR OKEECHOBEE COUNTY PUBLIC RECORDS SKETCH OF DESCRIPTION THIS 15 NOT A SURVEY PGS PAGES PB PLAT BOOK P.0.B. POINT OF BEGINNING P.O.C. PONT OF COMMENCEMENT R RADIUS R.O.W. RIGHT OF WAY UE UTILITY EASEMENT CRAG A. SM/TH & ASSOCIA TES CONSULTING EUTH C RS— WAY, SUITE 0 11101 SOUTH CROWN WAY, SUITE 1 WELLINGTONt FLORIDA 33414 561 ! 791-9280 CER( IFICATE NO. LB 3110 OKEEECHOBEE PARK OF COMMERCE 10 FEET UTILITY EASEMENT VACATION LOTS 17 THROUGH 20 PROJECT NUMBER: 00-09860 CITY CAO UBRARY:00-09860 clfy\base\base—ease vac\09860vas—vac.dwgIS! Ordinance No. 960 Paae 8 of 13 �� '------------------ \ CONSERVATION LEGEND TRACT CENTER LINE PGS PAGES C-1 COR. CORNER PB PLAT BOOK n CENTRAL ANGLE P.O.B. POINT OF BEGINNING DE DRAINAGE EASEMENT P.O.C. PONT OF COMMENCEMENT wC� 16 L ARC LENGHT R RADIUS N.T.S, NOT TO SCALE R.O.W. RIGHT OF WAY {V OCPR OKEECHOBEE COUNTY UE UTILITY EASEMENT 10,U.E. PUBLIC RECORDS ---------------�=9-0Tr0j0"------ ----------------- N 00' 14'35" W R=35.00 NORTHERLY MOST _ _ NORTH LINE 10,00 —` L=54.98' NORTHWEST TRACT 3 '0*00 CO R-1 8' N 89'45'25" E 414.11' S 00'14'35" E 10.00' ---------- -------------------------- - - - P.O.C. ---------------------- --- ( NW COR. w R-35.00'00'r i IO'U.E. LOT 17) L=54.98'� 6� S 00' 14'35" E 68.32' �� N 00 14 35 W 68,32 I/ R.0!W. /� ^ice of 6=35'5257" z R=42.00' L=26.30' 20 3 6=35'52'57" 4 R=122,00'��1�-i S 36'07'32" E Q=03' 15'23" j' o L=76.40' 81.94 R=10"40.00' N s L=59.11' 17 N 36'07'32" W 81,94' y��� 20 DE 6=48' 10'07" o & UE 10' 6=02'46 47 ` S 11------------ - ---I -ai0 00--- ------ - ��� 10' CONSERVATIONny TRACT C-3 a '�'A � CT ►R_4 �► KETCH OF DESCRIPTION a=53'S8'31 " R=42.00' L=39.57' -AO� V a=281'40'02" 18 R=88.00' L=432.61' OKEECHOBEE COMMERCE CENTER (PB 7, PGS 10 -14, OCPR) HTS-+a-KNOT A SURVEY CRAG A. SM/7"H & ASSOC/,4 TES CONSULTING ENGINEERS -PLANNERS -SURVEYORS 11101 SOUTH CROWN WAY, SUITE 1 WELUNGTON, FLORIDA 33414 581 ) 791-9280 CER IFICATE NO. LS-3110 CAD 5 R=42.00' L=35.31' W of i1 II II 11 OKEEECHOBEE PARK OF COMMERCE 10 FEET UTILITY EASEMENT VACATION LOTS 17 THROUGH 20 PROJECT NUMBER: 00-09860 CITY Ln Ordinance No. 960 Page 9 of 13 CONSERVATION �� LEGEND TRACT CENTER LINE COR. C-1 ��y G CENTRAL ANGLE 16 �E ARCIrLENGHT AGE EASEMENT N.T.S. NOT TO SCALE OKEECQ���� 10'U.E. OCPR PUBLIC UBLCRECORDS OBEE UNTY 90'00'00" E a PGS PAGES PB PLAT BOOK P.O.B. POINT OF BEGINNING P.O.C. PONT OF COMMENCEMENT R RADIUS R.0.W. RIGHT OF WAY UE UTILITY EASEMENT NORTHERLY MOST I R-45.00' NORTHWEST TRACT t-7N E - - �-L=�II fig - �GD R. _LOLZQ) I 8' N 89'45'25" E 414,11' P.O.C----------------------------- - -�- - ---- uj (NW COR. _ 5„ E 6(l' LOT 17) S 00 14 3 68.32' -�_l R.O!W. /I �— W z Jr 0 0 N CONSERVATION TRACT C-3 ACT ►�R_4„ KETCH OF DESCRIPTION RT5--IS_NOT A SURVEY 4=90'OOr0r--------F--- R=45.00' 1 O'U.E. L=70.69' N 00'14'35" W 68.32' a=35'52'57" R=52.00' 20 L=32.57' N 36'07'32" .W 81.94' A=03'15')3" R=1030.00' ,�=02'46'45" Jy L=58.54' 2 OE ' R=970,00' �e� I �=48*10'07" U10 L=47.05 rr =52.00 ----------- I -------------------- L=43.72'Li ------- ---------------------- \ - 10' 4=53'58'31 " oc -- R=52.00' -' L=48.99 a=281'40'02" ! 17� R=78.00' / L=383.45' 18 I I 19 1� � OKEECHOBEE �, I COMMERCE CENTER ' (PB 7, PGS 10 -14, OCPR) — ' i5 =3T52'57" R=1 12.00' -`� f L=70.14' 1, S 36'07'32" 17 81.95' CRAIG A. SMITH & ASSOCIATES (:r CONSULTING ENGINEERS —PLANNERS —SURVEYORS 11101 SOUTH CROWN WAY, SUITE 1 WELLINGTON, FLORIDA 33414 ( 561 ) 791-9280 rco 'cirerc un 1 A-3110 5' i 1 1� 11 I� ,1 11 II OKEEECHOBEE PARK OF COMMERCE 10 FEET UTILITY EASEMENT VACATION LOTS 17 THROUGH 20 PROJECT NUMBER_ 00-09860 CITY Ordinance No 960 Page 10 of 13 EXHIBIT C ORDINANCE NO. 960 LOCATION MAP SKETCH OF DESCRIPTION THIS IS NOT A SURVEY SURVEYORS CERTIFICATE [R� BY CERTIFY THAT THIS SKETCH AND DESCRIPTION IS ACCURATE TO THE BEST OF WLEDGE AND BELIEF AND MEETS THE MINIMUM. TECHNICAL STANDARDS AS SET BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA ES. THERE ARE NO VISIBLE ABOVE GROUND ENCROACHMENTS OTHER THAN SHOWN HEREON, SUBJECT TO THE QUALIFICATIONS NOTED HEREON. E FIRM, BY: D. KEENER L IQNAL SURVEYOR AND MAPPER LICENSE NUMBER 4846 RAIG A. SMITH & ASSOCIA TES CONSULTING ENGINEERS —PLANNERS —SURVEYORS 11101 SOUTH CROWN 11 WELLINGTON FLORI FLORIDA TE 1 1 (561 791-9280 CER'TTIFICATE NO. LB-3110 Ordinance No. 960 Page 11 of 13 �Xkke NOT TO SCALE SKETCH do DESCRIPTION SWM 07 06 06 N A ROK REVISION DWN DATE FB/PG CKD OKEEECHOBEE PARK OF COMMERCE UTILITY EASEMENT LOTS 17, 20 AND TRACT "R-1 PROJECT NUMBER. 00-09860 CITY CAD LIBRARY:00—D9860 cit bass boss —now ease 09860naw—aass.dw Shss1 i of 3 DESCRIPTION. A 10 FEET STRIP OF LAND LYING IN LOTS 17, 20 AND A PORTION OF TRACT "R-1 ", CITY OF OKEECHOBEE COMMERCE CENTER, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 10 THROUGH 14, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORI.DA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF LOT 17 OF SAID PLAT; THENCE SOUTH 90'00'00" EAST ALONG THE NORTH LINE OF SAID LOT 17, A DISTANCE OF 258.88 FEET; THENCE NORTH 89'45'25" EAST ALONG SAID LINE, A DISTANCE OF 264.11 FEET TO THE NORTHERLY MOST NORTHEAST CORNER OF SAID LOT 17, ALSO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89'45'25" EAST, A DISTANCE OF 150.00 FEET TO THE NORTHERLY MOST NORTHWEST CORNER OF SAID LOT 20; THENCE SOUTH 00'14'35" EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 89'45'25" WEST, A DISTANCE OF 150.00 FEET; THENCE NORTH 00'14'35" WEST, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN OKEECHOBEE COUNTY, FLORIDA CONTAINING 1,500 SQUARE FEET, MORE OR LESS. SURVEYOR'S NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. THIS PARCEL HAS NOT BEEN ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OR OTHER RECORDED OR UNRECORDED INSTRUMENTS. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE WEST LINE OF THE CITY OF OKEECHOBEE COMMERCE CENTER, RECORDED IN PLAT BOOK 7, PAGES 1,0 THROUGH 14, OKEECHOBEE COUNTY PUBLIC RECORDS. ( SHOWN TO BEAR NORTH 06'04'35." WEST ) . LEGEND ¢� CENTER LINE COR. CORNER CENTRAL ANGLE DE DRAINAGE EASEMENT L ARC LENGHT N.T.S. NOT TO SCALE OCPR OKEECHOBEE COUNTY PUBLIC RECORDS SKETCH OF DESCRIPTION THIS IS NOT A SURVEY CRAG A. SM/TH & ASSOCIA TES CONSULTING ENGINEERS —PLANNERS —SURVEYORS 11101 SOUTH CROWN WAY. SUITE 1 WEWNGNGTON, FLORIDA 33414 (� 561 ) 791-9280 CER IFICATE NO. LB-3110 PGS PAGES PB PLAT BOOK P.O.B. POINT OF BEGINNING P.O.C. PONT OF COMMENCEMENT R RADIUS R.O.W. RIGHT OF WAY UE UTILITY EASEMENT OKEEECHOBEE PARK OF COMMERCE UTILITY EASEMENT LOTS 17, 20 AND TRACT "R-1" PROJECT NUMBER: 00-09860 CITY CAD UBRARY•00-09860 cIty\bass\bass —now ease\09B60nsw—eass.dwg She6i 2 of Ordinance No 960 page 12 of 13 0 o N Gti o it ti J v N CONSERVATION ~ w Ln TRACT C=1 16 15 LEGEND ¢� CENTER LINE COR. CORNER ,6 CENTRAL ANGLE DE DRAINAGE EASEMENT L ARC LENGHT N.T.S. NOT TO SCALE OCPR OKEECHOBEE COUNTY PUBLIC RECORDS PGS PAGES PB PLAT BOOK P.O.B. POINT OF BEGINNING P.O.C. PONT OF COMMENCEMENT R RADIUS ` R.O.W. RIGHT OF WAY UE UTILITY EASEMENT ` 10'U.E. \ --------------- -------------- .------- _____ NORTH LINE P.O.B. N 89 45'25" E LOT 17 (NORTHERLY MOST - _ NORIHE ST _ 150.00_' TRACT "R- If' O'00'00" E COR. LOT 17)� (NONORTHWMOST --2- - � N 89'45'25" E 264:11' ES - ------------------ --- P.O.C. IO'U.E. N 00'14'35" W IO'U.E. (NW COR. 10.00' -- LOT 17) S Q' � I S ' 8. 45 25 00 14 35 E 150.00'I I 10.00' WEST LINE 6 LOT 17 17 I R. W. OKEECHOBEE 20 COMN ERCE CENTER (PB 7, PGS 10 -14, OCPR) 20'DE �. & UE 10' - - - - - - - - - - - - - - - - - - - - ----- - - - - -- itooLn \ c ,N CONSERVATION 1 19 TRACT C-3 SKETCH OF DESCRIPTION THIS IS NOT A SURVEY — I CRAIG A. SMITH & ASSOCIATES OKEEECHOBEE PARK OF COMMERCE CONSULTING ENGINEERS —PLANNERS —SURVEYORS UTILITY EASEMENT O/Z� WELLINGN FCORIOA 3'3414 11101 SOUTH CROWN WAY SUITE 1 LOTS 17, 20 AND TRACT "R-1 " TO ( 561 j 791-9260 PROJECT NUMBER: 00—( CERTIFICATE NO. LEI-3110 CAD LJBRARY:00-09660 cl boas bass —new ease 098E Ordinance No. 960 Page 13 of 13 CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION SIGNATURE OF APPLICANT: SIGNATURE OF CO -APPLICANT: N/A The foregoing instrument was acknowledged before me this (date) who is personally known to me or (applicant) who produced and (signature) (co -applicant) by as identification and who did (did not) take oath. Notary Public, Commission No. Name of Notary typed, printed or stamped) Page 2 to the foil N/A MUMonzea signature Typed Name & Title N/A Authorized Signature Typed Name & Title Authorized Signature Typed Name & Title ! T //c'! ✓fit .,- Phone No. Phone No. Phone No. Date Date Date '�` a G�, �l•.� j ¢� a /u / 1! ®,� horized Sig atu a Typed Name & Ti le �<<r Phone No. Date uired Oniv For Cit of Okeechobee & First Addition to Cit of Okeechobee Subdivisions: �r�k Est�ef Humorizea Signature Typed Name & Title Phone No. Date Page 3 DEPARTMENT CITY ENGINEER Donnie Robertson Public Works Director POLICE DEPARTMENT are completed application fee then paid. T a4oi. Date Osc r Bermudez Date y Engineer 4Den y Davis, Chief of Police Date He& emith,ire Chief Date ADMINISTRATION DEPARTMENT r► • APPLICATION APPROVED BY: 7 LAN GAMIOTE CMC, CITY CLERK DATE i Memorandum To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer Date: October 24, 2006 Re: City Right -way- Closing application for NE 11 Court City Commerce Center The Engineering Department has visited the site and reviewed the City Maps at the City Commerce Center and found that future problems may be generated with SFWMD in regards to the Master Drainage Permit. However, we recommend that the new entrance for lots 18, 19 and 20 be design accordingly to the Drainage Master Plan and DOT requirements: It is the Engineering Department's opinion that the City of Okeechobee shall be very cautious before abandoning the street Right-of-ways. 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 ertise/meat, being a ,y in t� matter of r y in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues PUBLIC NOTICE CONSIDEMTION OF AI3pPTIXG A CITY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of Okeechobee. Florida on Tuesdayy, December 5, 2006 at 6,00 , m. or as soon thereafter possibly City Hag, 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING on AN ORDINANto C E OF THE CITer final Yof the OFKEECHOBEE,dinance into law, NO.962: FLORIDA AMENDING 01 NANCE NLAND DEVELOPMENT SG PTIA CLE III, DIVISION 8, SECTION .3 SPECIAL EXCEPTION USES,I SECTION 90-512 SPACE REGULATIONS; PROVIDING FOR AN EFFECI PAI L. members of the public are encouraged to attend and participate in said hearing. The proposed Ordinance may be inspected in its entirety by members of the pub- lic in the office of the Cgyy Clerk during regular business hours, Mon-Fn, Bam-4:30pm, except for holidays. .EASE TAKE NOTICE AND BE ADVISED that 9 any person desires to appeal any decision made by the City Council with respect to any matter considered at this hearing, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the teslimary 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 i accordance with the Americans with Disability Act (ADA) and Florida Statutes 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Lane Gamiotea no later than two (2) working days prior to the proceeding at 863-763-3372 x215; 9 hearing or voice unpaired, call TOO 1-800- 344%orce) or 1-888-447-5620 (Tfv). ane Gamiotea, CIVIC, CITY CLERK 76753 ON 11/22/06 Affrant 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 fodpublication in the said newspaper. ' SL• '�1..•�f%. Sworn to and subscribed before me this `i A.D. 200 l day of u r,, YP Karmen R. Brown �" Commission#DD272118 Notary Public, State of Florida at Large . ° .per, Expires: Jan 17, 2008 Bonded Thru Atlantic Bonding Co., Inc EXHIBIT 2 DECEMBER 5, 2006 ORDINANCE NO. 962 AN ORDINANCE OF THE 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 exeeeding (LDR 1998, § 372) Language to be added Is underlined Language to be deleted Is to be struck 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) 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 (3) Entertainment and Recreational Uses: Private club 1 per 300 square feet of floor area Health club 1 per 150 square feet of floor area Include pool Tennis, racquet or handball 2 per court, plus accessory uses court Theater Indoor recreation Golf driving range Golf course Marina (4) Institutional Uses: Government office, Courthouse or other public facilities Place or public assembly or worship Hospital Nursing home Junior high school Senior high school Language to be added is underlined Language to be deleted Is to be stmek through 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 Page 2 of 4 College 1 per 3 students, plus 1 space per staff member Day care, preschool. nursery 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 for commercial 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 1per 1,000square feet offioorarea 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 (6) Use Not Specifically Listed. Parking spaces shall be the same as required for the most similar listed use. (LDR 1998, § 470; Ord. No B1S. §1, 2-4-03) Section 3. Conflict All ordinances or parts of o,dina nces 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 soagh Page 3 of 4 INTRODUCED for first reading and public hearing on the 71h day of November, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED and ADOPTED on second and final public hearing this 5" day of December. 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Language to be added Is underlined Language to be deleted Is to be struck th ough Page 4 of 4 Vl. NEW BUSENESS. A. Consider an Ordinance to amend Ordinance No. 716, Land Develop- ment Regulations, Particularly Article III, Division 8, Section 90-253 Special Exception Uses, and Section 90-512 Space Regulations; provid- ing for an effective date. - City Planning Consultant. Further discussion of Off -Street Parking requirements. - City Planning Consultant. 2006 - Planning Board/Board of Of 10 Mr. LaRue questioned the Board whether there bad been a motion at the last meeting concerning this Ordinance? The Board replied that there was not a motion, that they had requested Mr. LaRue to add additional verbage to broaden the scope of regulations. Mr. LaRue again presented the proposed ordinance as was previously written. Board Member Hoover asked whether this Ordinance was tier new restaurant owners? Mr. LaRue said that it would be the same for new or existing. Board Mernbei I loo ver also inquired, whether this ordinance would cover an increase in the customer area? Mr. LaRue replied [fiat the parking only pertains to the customer area, not the areas where customers are not permitted, out 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 peoplejust do not want to curnply Board Member Maxwell restated that he believes the ordinance should be clearer. Attorney Cook interjected that this ordinance is generic enough to cover all commcrcial uses Board Member Maxwell asked wtiethet 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. Therewas 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. LEDFERD-YEA HOOVER - YEA BURROUGHS-YEA McCOY-YEA KELLER-YEA MAXWELL-YEA NAREZ - YEA MOTION CARRIED. The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publish r ofblished at e Okeechobee News, a DAILY Newspaper p Okeechobee, in Okeechobee County, Florida; that the attached copy vert s ement, being a h in the matter of cit Court of in the 19th Judicial Dis bushed hn saidunewspaperin the Okeechobee sues County, Florida, was p of '�— pUBLIC NOTICE CONSIDERATION FADCOPTING EASE TAKE NOTICE that the City Council of the City s Won of Okeechobee, Florida on Tuesdayy, December 5, 2006 at 6:� P r a pOBLIC HEeARINGsa C ty Hall, 55 SE 3rd Ave., Okeechobee. Fl thereafter to consider IM1 readaq IN the following Ordinance THE E law: N0. AN ORDINAlICE CLOSING �ACA ING AND ABANDONING IFIF pSTADOR101 _ .. ocrY WITHIN BLOCK 206,_ _._ , FOR AN EFFECTIVE DATE gat on No. B3, subm file by Bradley e ordinance pertains to Ailey ClosinwgneApole A Goodbread. The purpose of Goodbread, on behalf of property tGi located East of Parrott Ave - the ordinance . to close the Noah to So ts alleywaymore described a sohilutheast theast irect y West of Bock nue 206, between Lots 4 to 5 within the First Addition to Okeechobee. to attend and participate in said hearing. II members of the public are encouraged members of the pub - The proposed Ordinance may be inspected m its ermrety by lic in the Office of the City Clerk dunng regular business hours. Mon -Fri, Bam-4:30pm, excePtfaholidaysperson - rtdecision made y the TICE ANDBCouncilsED with respect that 9 to any matter rconsidered at fh �npsey person lneed a record proceedings, such purpose maneed ensure averbatimrecord of the proceedings is made and evidence upon which the appeal is to which record Includes the tesbmol y b sole purpose based. City Clerk tapes are for the of backup fa official records r the Clerk ith the In accordance Aisab�iles needing specans with lcial accommAo)dation tooparbc participate I 286 proceeding Pe Lane MIS oce ding atm863 763-33721x215, it hea ngna oice mpai er dtic1 prior toot�h�e P��-zaen Ivnicel or 1-888-447-5620 (TTY). Affrant further says that the said Okeechobee News is in Okeechobee a newspaper published at Okeechobee, said newspaper has heretoforeFlorida County, Florida, and that said each continuously in said Okeechobee County, mail matteroridaeforsa published week and has been entered as second class keechobee County, office in one nextsaidp preceding the first publication of the period of one y and affiant further says attached copy of advertisement; any has neither paid nor promised any person, firm or corporation for the purpose of discount, rebate, commission or refund isementifor publication in the said newspaper. securing this a�vclt Sworq to d sybs ribed before methis �n si A.D. 20V _r—Karrlen rr R. �roum day of SppY PUg': _° ` Commission #DD27211 }� ¢ Jan 17, 2008 Notary Public, State of Flori a at arge ','FOF� ,; Expires: Bonded Thru .Atlantic Bonding Co-,lnc EXHIBIT 3 DECEMBER 5, 2006 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 Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED by the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section One. The alleyway described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: 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 Wh 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 PQ9P � CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION p+M � / - �? :•_gyp. +'� a i .r� m m M z5, X � F �� r,� � a Y — �'c ��-,�.. F. �, '- e a • • e • v �2 r A � •a a s � Y4 r r. '�` $+ + v �y +' �s. � 'b's^-a• a �k.,ytyrl'y�f, Y " .;«P � b, _�.rp n zz I ® n aril�F ' ygil nkJ i cc kf - s r r • .a�3 3 011111111 / r Signature of Print Name " Signature of Co -Applicant Print Name The foregoing instrument was acknowledged before me this (,aDy6 by Dbill and (date) who is personally known to me or (applicant) (co -applicant) p y who produced _ /� as identification and who did (did not) take oath. otary Public, Commission No. t� Cammisriau#DD354518 Name of Notary ) IIp>Rse -eq., - ( ry typed, printed or stam d nira .icisyMic[+onding Cc., Inc. Pc,Lje J A er0Lf66 '��069 Prepared by and return to: Kurt Ste hen Hilberth Attorne7iat Law Hunter & Hunter, P.A. 1930 Tyler Street Hollywood, FL 33020 954-925-8080 File Number: 32049 Will Call No.: 163 L�ocufr„�-Ivary Slarnps paid in Me arno,-n, of $ ! 1-1(c . 00 Clas; C :1;ta00ble xax paid in the armint Of $ f}-- Stfartxt Robettvtx, Llprk of Circuit Court OkeecI rlty, Aa By: D.C. Datie: Above This Line For Recording Personal Representative's Deed a _ This Personal Representative's Deed made this ZS day of 2002 between Hugh Gilbert Culbreth, Jr. as Personal Representative(s) of the Estate of Frieda E. Hamrick, deceased whose post office address 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 hercin the terms grantor and grantee include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) W itnesseth, 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 61h Street a distance of 300 feet to the West boundary of Tallahassee Street, then run south along the �kest boundary of Tallahassee Street a distance of 20'; 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 tin Section 21, Township 37 South, Range 35 East. 7� Parcel Identification Number: 3-I5-37-35-0010-01720-0030 & 0040 301 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. DoubleTimee f10Ll8b- l'P, C059 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 ill 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: H .4 /,oN No In,. es Wane ss e: Hugh G,Ibert Culbreth, Jr. Personal Representative W s Name: a a State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this S{� day of Sa bert Culbreth. Jr., Personal Representative of the estate of Frieda E. Hamrick, deceased, whorki [✓] is pe o�nally02 bknownho mle or [_J has produced a driver's license as identification. [Notary Seal] �� 1�,7 �1 Notary Public, State ofFlorida A Printed Name: / .r -/��-- R• JudithhtiMobley My COMMISSION i CC8968110 EX%RES My Commission Expires: S� C h Z BONDED TIW TROVSFAINOINSUR 'P•.• ANcE INc 378409 nrT - (t P•`•' ^• - . SHARON RnE CLERK OF CIRGU!, COur' y Oil p... tr _ lr 1 N 3 y% DoubleTimeo RQ3 e Iq - Page 2 Authorized to the IFP L. �3 tcc 4,a TO A I1 ,i 0- l qb DaY q - 12-6-6 Typed Name & Title Phone No. Date a Md ucj � j-L Authorized Signature Typed Name & Title Phone No. Date 5S V 9-i-06 Authorized Signature Typed Name & Title Phone No. Date Jp�1 n � rii Typed Name & Title Phone No. For City of Okeechobee & First Addition to City of Okeechobee Subdivisions: Autho ized Signature Typed Name & Title Phone No. Date �a�e aA Voice I Data I Internet I Wireless I Entertainment September 7, 2006 Mr. Bradley G. Goodbread Goodbread Ranches 12575 Highway 70 East Okeechobee, FL 34972 Dear Mr. Goodbread: -IN EMBARQ Embarg Corporation Mailstop: FLAPYA0305 P.O. Box 165000 Altamonte Spgs, FL32716-5000 EMBARQ. com 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. Y rs truly, - IL- ohn Hopkins John Hopkins Voice: (407) 889-1627 Wireless: (407) 694-8340 Pax: (407) 889-1636 Pa-9 e- ALA 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 Okeechobee) 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 page 3 Page 3 are completed application fee Uri Whitehall, Administrator APPLICATIOIN4PPROVED BY: ,X- a-ftt Q kA{ A Date Z�' % Engineer Date LANE GAMIOTEA, CIVIC, CITY CLERK DATE Falle 3A Memorandum To: Lane Gamiotea, City Clerk - From: Oscar Bermudez, Engineer 01001, 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. �. L K EXIIIBIT 5 NOVEMBER 7, 2006 LI TO: Mayor and Council Members FROM: Lane Gamiotea, City Clerk> 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. 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 ofadve ent,, /m a in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pu ication in the said newspaper. , __AL T Swom to 9ndJsubscrib�,!Yfore me this N:OZIC• `tOF P 1,B'4��C ,HEkI ING .. '$Ao NOTICE IS HEREBY GIVEN that,ithe City,Council of Okeechobee;, Florl1la will hold a public hearing on Tuesday; December 5, 2006 at 6 00 PM toredopat,textuejl,changes to the adopted Coriprehensive;;Plan, adopt.Future Land , Use Map Amendments, to respond to the; Objections, !Recommendations and Comments, and to transmit'fhe'. adopted Comprehensive Plan to the Dejiannteht;of Community Affaire„The,r' eting will be held at Okeechobee) City Hall, 55 Southeast 3rd Avenue, inwthe CourTdl-Chambers, Room 200, Okeechobee,'Florida. The Ordinartce;Ny.,,B koji'tttled is ; : .« w ..., • ,�.4 AN ORDINANCE OF THE CITY OF OKEECHOBEE; FLORIDA ADOPTINGAMENDMENTS TO ITS COMPRE- HENSIVE PLAN INCLUDING AMENDMENTS TO THE FUTURE LAND USE MAP THE TEXT OF THE FUTURE LAND USE, CONSERVATION AND , ITAL• IMPR V , EWTS`ELEIGIENTS TOFF EVISE AND lJP4ATE„THE EXISTING OBJECTIVES rPOLICIESDATA'A{ L �StljJ A°C ©" CE! }�H HE MDATES, SET FORTH 1N CHAPTER 163 FLORIDA STA?UTSO •p D!G _E Ft�O R NSAf (0 THE"$TTE LAND PLANNING AGENCY; PROVIDING CONFLICTS CLAUSE AND SPa\/ERABlL1TY CLAUSE, PROVIDING AtJ' EFFECTIVE DATE; AND FOR OTHER PURPOSES.., , ( r;u,', F � a Thortext Atpims ve amettdentustin¢ludt�the folldw)ng Elements F ure In se C tl t Future Lent! Use dap (FLUM)Arrteridrftefttg areaiS follows: - •, Comprehensive Plan Srale Future Land¢UsetgMap4Ame dh ent Appit cation.N0; 06 CI-001: Craig Hackl-Is the applicant on behalf of own"er'; H2O HoldingStLLCl A P0.licatior) is to,change the Future Land ;Use,designa ; tion from Single Family ercia (SF) to Commi; for vacant'u9plat(ed property located North of East North Park Street (State Road 70 East, across from the Post Office)t hu'a0af description 'Parcel 1: The West one-half of the, Southwest one -quarter of the Southeast one-quarterof,Sujctiorr, 15 Township 37 South, 'Range 35 East;' Okeechobee County, Florida, lying North, of the Noryt ngh( of vLayJane of State Road No.,70 Except the North 50 feet of the West one-half of the West one-half+ohthe7Southwest one quarter oi'the Southeast one -quarter for road purposes; also except the following dest(ltedyp nve}ted' oe S�te;dfrFlondai,.A pejCef bf land m the West one-half of the Southwest one quarteo11, itit So"h s,onec�a e r of Section 15 Township 37 SoGfh Range 35 East,'being more paitipule y escril>ed asr of o it�ce°V t50tti4one uarter ,, xm apt th w m q Wrn6 of saigS`oction 15 thehce run Northerly, on theforie grtet s n Hof $695eo tit cererhne of�Stete?goad170;' thence North 80 degrees 54 feet 49 inches East rlme,a dista cet 34, AO•feet thenee'Noftherl at n 90 degrees to said centerline a dl'sfen� o "Al40tee to eGn14011einning thence contiR a Northerly a distanci of 17 feet; thence Easterly at 90 hegS, asta ce 20 fe t flue ce Southerly M 90 d ree a distance ofi l7y fee( •thence Westerly at 9q.degreesMa di6ta o �ti tgofybegi(tningPa Ir2 Beginningtat'the Southwest: corner of the East one-haN of the`TS yes n er tha So"uthas�t tone gerarter of Section 15, Township 37 South, Range 35,East and nun North along fhe Westiboundaryya distance of 594 fast-ah6n'run East, aAistance of 186.3 feet; then run`;South a distance of 594:fee) to the South+boundary of Section` 15; then` rurf West' adlstance of 186.3 feet to the point of Beginning Less pttdyexoepI the right oflwa' for State Road ZO.; OR book t525. ,Page 1999, Public Records of OJteechob a Cotir l of(da�and s approgiff)afely,�1 acres) f • Comprehensive Plan Large Scale,Futur l.arid U g)yAp n i0 {App)q�fion No:,Q6 CI002 •TF�ofnSs C Close of CBC Management Cprporetlon is�the,appl)can ntbehalf ofp perty owner Frenk`Altobello. his applica-: tion is, to change the Future Land U3e designation from:Single Family, fSF) to.iMixed Use; Residential (RMU) for ,vacant unplatted property Iocated,;S�outh(o$otitheast t3th StreeQ.and'W6st of TayloS Creek. Legal' description: kPBr¢el 11:,Being a parcel of land lying within the Southwest quarter.of,Segtion 22, Township"37,South, Range 35 East Okeechobee County, Florida, and being more particulady,rtegsnbed as follows: Commence at the.Northwest Cotner of the Southwest quarter of said Section 22,,then'cAn$66tht;00•degrees,',17 feet 36 inches East,alona the. 'feet north of and parallel with the southgin ` aai onr22 hedi Sduth $9 degrees+,20 feet109 Inche6�West Along aline being 901.00,feet Nodh ofi "m at nght angles and parellel with Rhe>Southely boundary ofSection 22, a distance of 517.92 feet there t�or 0,';itegrAes17Y�t IRehes West'ya along a IRne !%easur- ing 210,00 feet east of when measured at right angles, and parallel 3vit t.the west boundary of, said Section 22, at di§tan6036.00 feet; thence South 89 degrees 20 feet 09 lnches;,West;,a,along,a in measuring 937.0q.feei north" of:when�measured at right angles; and parall6l'witti'the Souttieely'bounistanceaof2t;0.00 feet fo`a point on the aforementioned West boundary line of said sectign 22; thence North OO degrees• 7.�feet 36 Inches West, along the west hne:of said Section 22; a -distance of1008 37 feet; thence�North 89 degrees 20 feet 09 inches East, perpendicular to and parallel with the Southerly boundary of said Section 22, a distance of 200.00 feet; thence North 00 degrees 17 feet 36 Inches West along alline:200.00:.feet perpendicular.to,and parallel with the Westerly boundary of Section 22 a distance of 450.00 feet;,thence South 89 degrees 20 feet 09 inches West along a line parallel to the Southerly boundary of said Section 22, a'djstance of260.00 feet, to a point on the afore mentioned Westerly boundary line of said Section 22; thence North 09, degrees'.17 feet 36:inches West,, along, said line westerly boundary, a distance of 32.50 feet to the POINT OF -BEGINNING. Containing 32.97 acres, more or less. A copy of the entire application(s) and agenda are available in the GeneralServices Office, Room 101 at City Hall of by calling Betty Clement at (863) 763-3372, extension 216. ALL INTERESTED PARTIES SHALL HAVE THE OPPORTUNITY TO BE HEARD AT THIS PUBLIC HEARING. Any person deciding to appeal any decision by the Land Planning:Agan6y' 4ith4espect to any matter considered at this hearing will need to ensure that a verbatim,record;of the prggeedings is;made and that. the record Includes the testimony and evidence uponwhich theeappealswlllatye basadvGenerak.Ser4vices.Departrnent,tapes:are for the sol&purpose of backup for official record sf'gf4h pa��tt��tt t-.dIhk ,W anbo withtthe Arilecicans,with,Disabilities Act (ADA) and Florida Statute 28, pe $b s tdl§atiil�ities n¢edlfi 'i pec"al accommodation.to,participate in this proceeding should contact Betty Clement-noilate'MAritW (2), rWn clays prior td`ttie ptoceetling` at 7(863) 763-3372 x 218 for assistance; if Bearing is impaired telephone the Ffondti Relay Seriice Number 1-800-955 8771 (TDD) or 1-800-955-8770 (VOICE) for assistance. The following map Indicates the land that will be;affected when this revised Comprehensive I Plan is adopted by the City. It will affect all of the City of Okeechobee. �t °rvp, By. James EKlfk tut yo Attest Lane]Gamiotea�CClerkt" '*Mgy' day of A.D. 20 ,:t..'Y"4, Karmen R. Brown NotaryPublic, State of Flod a a arge = . •�'- Commission n 17, 008 • "= 2008 i�a, •P; Expires: Jan 17, BondedThni _, i,• Rnndin¢ Co , In, EXHIBIT 4 ORDINANCE NO. 965 iDECEMBER 5, 2006 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA ADOPTING AMENDMENTS TO ITS COMPREHENSIVE PLAN INCLUDING AMENDMENTS TO THE FUTURE LAND USE MAP, THE TEXT OF THE FUTURE LAND USE, CONSERVATION, AND CAPITAL IMPROVEMENTS ELEMENTS; TO REVISE AND UPDATE THE EXISTING OBJECTIVES, POLICIES, DATA AND ANALYSIS; IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE AND SEVERABILITY CLAUSE, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, the City Council of the City of Okeechobee, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 91- 635 as amended in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, Chapter 163, Florida Statutes, and Rule 9-J-5, Florida Administrative Code provide for amendment to adopted Comprehensive Plan; and WHEREAS, the City has received and reviewed proposed amendments to the Future Land Use, Conservation, and Capital Improvements Elements of the City's Comprehensive Plan, and certain applications for Map Amendments to the Future Land Use Element of the City's Comprehensive Plan, and said proposed amendments being reviewed by the City's Land Planning Agency at a duly advertised meeting, and submitted by staff report, which determined such application to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City Council has agreed with the recommendations of the Local Planning Agency that the proposed application complies with the requirements of Chapter 163, Florida Statutes, Part II, and that the proposed application is consistent with the Comprehensive Plan and appropriate to the future land uses within the City. WHEREAS, the City has received and responded to the Objections, Recommendations, and Comments Report. WHEREAS, two (2) public hearings were held by the City Council on said Ordinance on August 1, 2006 and December 5, 2006. NOW THEREFORE, BE IT 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. That the City of Okeechobee, Florida hereby adopts amendments to its current Comprehensive Plan dated March 19, 1991, which amendments consist of the pages which are identified as Exhibit "A" and Exhibit "B" and which are incorporated into the current Comprehensive Plan. A copy of the Comprehensive Plan, as amended, is on file at City Hall in Okeechobee, Florida. SECTION 2. That the City Clerk is hereby directed to transmit three (3) copies of the amendments of the current Comprehensive Plan to the State Land Planning Agency, along with one (1) copy to the Central Florida Regional Planning Council; Florida Department of Agriculture and Consumer Services, Division of Forestry; Florida Department of Environmental Protection, Office of Intergovernmental Programs; Florida Fish and Wildlife Commission; Florida Department of State, Division of Historic Resources; Florida Department of Transportation; and the Southwest Florida Water Management District, and to any other unit of local government who has filed a written request for a copy, within ten (10) working days after adoption, in accordance with Section 163.3184(7), Florida Statutes. SECTION That all ordinances or parts of ordinances in conflict be and the same are hereby repealed. SECTION 4. EFFECTIVE DATE. The effective date for the enactment of this Ordinance No. 965 shall be the date a Final Order is issued by the Department of Community Affairs finding this Amendment to be in compliance in accordance with Chapter 163.3184, Florida Statutes; or the date a Final Order is issued by the Administrative Commission finding this Amendment to be in compliance in accordance with Chapter 163.3184, Florida Statutes. ADOPTED after first reading on the _ day of ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney 20 James E. Kirk, Mayor LARUE 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 To: City Council Members From: James G LaRue, AICP Date: November 29, 2006 Subject: City of Okeechobee Large Scale Comprehensive Plan Amendment DCA No. 06-1 As you know, on October 14, 2006 we received the Objections, Recommendations, and Comments (ORC) Report from the Department of Community Affairs for the above Amendment_ Having been given 60 days to adopt the Amendment, we have scheduled this item to be heard at the December 5, 2006 Council meeting. The Department raised seven objections to the Comprehensive Plan Amendment package and we have answered all but one. However, we must be certain that the Department will accept the responses we have given. As such, I am requesting a delay of approval for this item to the January 2, 2007 Council meeting to give Staff' a chance to coordinate the amendment responses and try to fully address the water supply objections by DCA. JGL:1k cc: Brian Whitehall, City Administrator John Cook, City Attorney Lane Gamiotea, City Clerk RESPONSE TO DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT TEXT AMENDMENTS CITY OF OKEECHOBEE COMPREHENSIVE PLAN AMENDMENT 06-1 1. Objection: Capital improvement Element Amendment The Capital Improvement Element (CIE) was modified using DCA Grant 06-DR-73-07-57-02- 076. During the review of the grant deliverable three, the new CIE was found to have shortcomings and these have gone uncorrected. The projections of public facility capacities needed based on the land use allocations shown on the Future Land Use Map and population projections for the City during the planning timeframe are not provided. The City must identify the projects needed to meet the demands of growth based on the anticipated development shown on the Future Land Use Map and on its population projections. Grants and other non -committed revenue sources are included within the first 3 years of the Capital Improvements Schedule (CIS). These should be revised to limit the identified revenue sources to committed sources of finding within the first 3 years and committed or planned finding sources for years 4 and 5. j163.3177(3)(a)2 and 5, 163.3177(3)(c)3 FS; Rule 9J-5.006(3)(b), 9J-5.016(3)(a)5, (3)(c)3 and (4)(a)1, 93- 5.016(2)(c) FAC] Response: In regard to Objection 1, the City response to DCA Grant 06-DR-73-07-57-02-076 (deliverable 3) on the Capital Improvements Element might have been overlooked but the shortcomings have been answered during the grant process. A copy of the response table is attached. (See Attachment 1— CIE Contract Deliverables Table.) There are no existing infrastructure deficiencies for level of service related facilities within the City of Okeechobee. The City has been meeting its adopted level of service standard for recreation and transportation since adoption of the Plan. The Schedule of Capital Improvements, which estimates the public facility costs and projected revenue sources needed to fund the facilities which are required to meet the needs of the City and those projects that continue to maintain the current level of service standards, was included as part of the Amendment Cycle. The City does list a street overlay project and a stormwater retention project which was included to ensure that the level of service standard for transportation and drainage are maintained in the future. However, the Public Works Department does not currently have the information to revise the Schedule to pinpoint the exact locations of the listed public works projects. The Okeechobee Utility Authority has been responsible for the monitoring of public facilities as it relates to sewer, solid waste, drainage, and water since 1998. Coordination with the OUA has been implemented to evaluate the ability to fund projects necessary to correct deficiencies and to provide for future growth at the adopted level of service standard for water, sewer, drainage, and solid waste collections. This is done annually in conjunction with the updating the Five -Year Capital Improvements Schedule for the City. The City submitted OUA's Six -Year Estimated Capital Program to the Department for informational purposes. The OUA's table does identify the existing water and sewer deficiencies for its facilities but the City is trying to communicate to the OUA that some of the OUA projects whose funding source cannot be identified should be revised or \\Laruel\document\Okeechobee-city\2006\Comp Plan Elements\Response to ORC.doc Page 1 of 24 RESPONSE TO DEPARTMENT OF COMMUNITY AFFAIRS CITY OF OKEECHOBEE COMPREHENSIVE PLAN OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT AMENDMENT 06-1 deleted from the proposed Schedule. The City also advised the OUA to show committed sources of revenue for the first three years and committed or planned revenue sources for the fourth and fifth years. 2. Objection: Modification of the Comprehensive Plan's Population Projections The amendment refers to a letter to the Bureau of Economic and Business Research (BEBR) giving building permit evidence that the city's 2005 permanent population is higher that, the BEER estimate: BEER estimates the permanent population at 5,443, while the city estimates it at 5,723. However, the letter and data supporting the higher estimate were not included in amendment package. The analysis then states that a 1.26 percent per year rate of growth for the city from the year 2000 to the year 2005 is a "conservative" estimate because this is the annual growth rate that BEBR estimates for the county for the same time period. The amendment also proposes to delete a portion of the chapter on population, including the deletion of a table showing the past population growth of the city. This table indicates that the city's average annual growth rate has varied between .7 and 1.4 percent per year in the decades since 1970. The chapter then assumes, without any explanation, that in the future the city will grow at an annual rate of 2.6 percent resulting in a permanent population of 7,455 in the year 2015. This population projection is higher than can be justified based on the data. Okeechobee has not grown this fast in any 5-year period in the last 30 years. A more reasonable estimate, although still optimistic, would take the City's estimate of 5,723 persons in 2005 and assume the City maintains a 15.2 percent proportion of the County's population. This would result in a permanent population of 6,925 in the year 2015.The seasonal population is forecasted to increase to 40% of the population for the entire forecast period. No data and analysis was presented to explain what this percentage was in past years or to justify this increase in the tourist/part-time population. [Section 163.3177(8) and (]0)(e), F.S., and Rule 9J-5.005(2), F.A.C.] Response: Based on the objections to the City's modified Population projections, the City has re-examined those revisions. The City's population estimate of 5,723 is reasonable and is below the 15.2% proportion of the total County's estimate of population in 2005 (38,222). The annual population increase has now been reduced to 1.5% and the seasonal annual population rate increase has been reduced to 15%. See the following revisions. Population Forecast Data and Analysis The City of Okeechobee, in its last EAR report of February 1999, had forecasted the following estimated and projected population for years 1996 through 2010. \\Laruel\document\Okeechobee-city\2006\Comp Plan Elements\Response to ORC.doc Page 2 of 24 RESPONSE TO DEPARTMENT OF COMMUNITY AFFAIRS CITY OF OKEECHOBEE COMPREHENSIVE PLAN OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT AMENDMENT 06-1 Table 1 Estimated and Pro'ected Population 1996-2010 Year Po ulaton 1996 4,943 2000 5,527 2005 6,007 2010 6,472 Source: Bureau of Economic and Business Research, University of Florida, July 1997. (Excerpt from: City of Okeechobee EAR Report Februa 1999 In April 2005, the Bureau of Economic and Business Research (BEBR) had stated that the City's permanent population was only 5,443 elthettg# even though the City had przesenied argued that new construction permit information indicating d a higher population for that year (see-enelesed letter-). Also, with the 2000 Census population being 5,376, an increase of 67 persons for a five-year period does not represent the accurate growth rates of Okeechobee. (See Tables 2-5 below.) Table 2 Population Totals County 2005 Average Annual Growth 2001-2005 Trend Indian River 125,483 2.11 % 1.1 % to 2.3% Martin 144,691 2.82% 2.4% or higher Okeechobee 38,222 1.26% 1.1% to 2.3% St. Lucie 216,827 2.25% 1.1% to 2.3% FLORIDA 17,612,584 1.84% 1.1% to 2.3% Source: Florida Trend, 2005 \\Larue I \document\Okeechobee-city\2006\Comp Plan Elements\Response to ORC.doc Page 3 of 24 RESPONSE TO DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT Table 3 CITY OF OKEECHOBEE COMPREHENSIVE PLAN AMENDMENT 06-1 JobTatals County 2005 Jobless Rate I Leading Job Sectors Indian River 62,782 6.8% Services 36% Retail 19% Government 9% Martin 83,881 4.8% Services 4 1 % Retail 18% Finance, Insurance, Real Estate 9% Okeechobee 12,691 5.7% Services 24% Retail 22% Fannin 18% St. Lucie 78,889 7.0% Services 30% Retail 18% Government 15% FLORIDA 9,795,083 4.1% Services 39% Retail 17% Government 12% Source: Florida Trend, 2005 Tahh- d POPULATION BY AGE . YEARSOFAGS county 0-14 15-19 20-39 40-64 65+ Total Indian River 15.3% 5.7% 19.2% 31.5% 28.3% 125,483 Martin 14.9% 5.6% 17.8% 33.7% 28.0% 144,691 Okeechobee 20.3% 1 7.5% 1 25.7% 1 29.9% 16.6% 38,222 St. Lucie 18.1% 16.5% 21.8% 31.7% 21.9% 216,827 FLORIDA 118.7% 6.6% 125.1% J. 32.5% 1 ,612,584 Source: Florida Trend, 2005 Table 5 Source of Income County Per.c. i to wte..2005 Labor Pro '' Transfer' Indian River $42,000 3 7.8% 49.1 % 13.1 Martin $47,493 138.9% 50.3% 10.8% Okeechobee $19,071 54.3% 19.30/co 26.3% St. Lucie 1$25,539 51.0% 27.4% 21.6% FLORIDA 1$32,662 62.5% 25.8% 11.7% Source: Florida Trend, 2005 \\L.arue1\document\Okeechobee-city\2006\Comp Plan Elements\Response to ORC.doc Page 4 of 24 RESPONSE TO DEPARTMENT OF COMMUNITY AFFAIRS CITY OF OKEECHOBEE COMPREHENSIVE PLAN OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT AMENDMENT 06-1 Even at a conservative rate of 1.26% increase per year, the annual population counts for the years 2000 through 2005 show a greater absolute population increase than calculated by BEBR in April, 2005. Table 6 Proiected 1.26% Increase/Year 2001 2002 2003 2004 2005'' 5,444 5,512 5,582 5,652 5,723 Source: LaRue Planning & Management Services, Inc., 2006 The following Table represents permanent population forecasts for a ten-year planning, beginning in 2005, with a more reasonable population rates increase of 1.5% per year.as suppet4ed by a range of 0 through 2.89%. Table 7 Proiected Permanent Povulation/Year 2005 - 2015 2005 2006 2007 20.08 2009 2010 2011 2012 2013 2014 12015' 5 6§ ��' 64-1A9 654 6.258 63A9Fi35 6,352 6,447 1 6,642 53 5.723 5.809 5.896 5,984 6,074 6,165 6,544 Source: LaRue Planning & Management Services, Inc., 2006 With regard to seasonal population, BEBR statistics are not available for the City of Okeechobee. With fishing and outdoor related activities being a drawing card in the winter, it is estimated that tourist/part-time residents would expand by 4A15% in season. With that in mind, a peak population forecast for the years 2005 through 2015 is as follows: Table 8 Seasonal Population Forecast .Year: Resident Population Seasonal Po lalatiron Population Peak 2005 SJ-735223 23-09M 8,08-26,581 2006 ", 4-75,809 2,467871 8,2846 680 2007 6 55,896 2,426884 8,49W780 2008 6;2355,984 2-494898 &,7-296,882 2009 64186.074 911 9,9746,985 2010 6�-5996,165 2- 5 9�37,090 2011 6-J546,258 - 39 94567,197 2012 6-,9246,352 2469953 9,6927,305 2013 9966,447 2,839967 4,-9347,414 2014 7-36,544 2;,182982 18; 1527,526 2015 4536,642 2,-952996 4-77,638 Source: LaRue Planning & Management Services, Inc_, 2006 \\Laruel\document\Okeechobee-city\2006\Comp Plan Elements\Response to ORC.doc Page 5 of 24 RESPONSE TO DEPARTMENT OF COMMUNITY AFFAIRS CITY OF OKEECHOBEE COMPREHENSIVE PLAN OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT AMENDMENT 06-1 3. Objection: Future Land Use Element Amendment One text amendment is the addition of a new "Residential Mixed Use" Future Land Use Map (FLUM) category. The new category contains ambiguities and internal contradictions, which will interfere with its implementation and therefore fail to provide meaningful and predictable standards for the use and development of land. The maximum allowable density of this new category is unclear as is several other aspects of the policy. Following are quotes from proposed Policy 2.1 .c changes along with noted ambiguities and contradictions: 1. "Development within this category would be allowed to be no. more than seven and one-half (7.5) gross dwelling units per acre" • Note — assumed to be 7.5 gas dwelling units per gross acre; otherwise the planning meaning of these units is unknown 2. "Development within the Residential Mixed Use category is permitted to be clustered at higher than gross density as long as the gross density is not exceeded for the total acreage within the Residential Mixed Use category ". • This language is unclear: as long as the gross density of what is not exceeded — of the parcel or of the entire mixed use district? Unless this cate or is only used by one land owner, this appears to give some owners greater densities on their lands as opposed to others. This language should be clarified to provide clear guidance. 3. The "Density/Intensity Table" indicates that the residential portion of the Residential Mixed Use category has a maximum density of'3 gross du/ac" • Similar comment as above regarding "3 gross du/ac" • 3 du/gross ac. conflicts with the earlier indication that the density is to be 7.5 du/gross ac. • Typo —The Density/Intensity Table also indicates that the minimum acreage required for open space (40%) and Commercial/Non-residential (10%) would equal 50% of a site; this restriction would never allow residential to be built up to 59% of the site acreage as the table indicates - the maximum would be 50% [Section 163.3 177(6)(a), F-S.; Rule 93-5,005(6) and 93-5.006(3)(c), J:A.C.] Response: The text amendment for the Residential Mixed Use Future Land Use category has been revised to clearly and consistently indicate proposed allowable densities, clarify vague language, and establish meaningful and predictable standards to guide and manage development as the Department requested. The revised policy will read as follows. c) Mixed Use Residential. Intended to accommodate and provide flexibility for development of multiple uses within a residential setting. In order for land to be considered for this designation, land requested to be placed in this category shall be a minimum of 30 acres. Development within this category would be allowed to \\LarueI\document\Okeechobee-city\2006\Comp Plan Elements\Response to ORC.doc Page 6 of 24 RESPONSE TO DEPARTMENT OF COMMUNITY AFFAIRS CITY OF OKEECHOBEE COMPREHENSIVE PLAN OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT AMENDMENT 06-1 be no more than seven and one-half (7.5) gFea"welling units per gross acre. Land developed within this Residential Mixed Use Category must adhere to the following innovative design and planning principles. 1. All new development within the Residential Mixed Use Category shall be required to be zoned as a Planned Development or Planned Unit Development. 2. Development within this Residential Mixed Use Category will be required to be clustered in order to maximize open space and natural areas. Development within the Residential Mixed Use Category is permitted to be clustered at higher than gross density as long as the gross density of the ap rcel is not exceeded for the total acreage within the Residential Mixed Use Category. 3. Development within the Residential Mixed Use Category is encouraged to provide a mix of uses, including a mix of residential types, recreational amenities, civic spaces and convenience and commercial uses intended to serve residents and their guests in order to minimize trips outside the Residential Mixed Use Category. 4. Development is encouraged to provide creative site designs, and clustering is required to provide for greater common open space and mixed -use development. The planning flexibility provided through the planned development process shall encourage and facilitate creative design techniques. a. Residential Development. These areas shall include single and/or multiple family home site acreage, and shall include, but not be limited to, single family attached and detached; duplexes and two- family units; and town homes and other multi -family dwelling types. b. Non-residential Development. These areas will include vehicular and pedestrian ways, commercial and institutional areas, club houses and associated facilities, utility buildings, maintenance areas, tennis courts and associated non-residential uses. C. Residential and Non-residential Development acreage may account for no more then 60% of the gross area within the Residential Mixed Use Category. Intensity/density standards for all uses within this category are set forth in the Intensity/Density Table below: \\Laruel\document\Okeechobee-city\2006\Comp Plan Elements\Response to ORC.doc Page 7 of 24 RESPONSE TO DEPARTMENT OF COMMUNITY AFFAIRS CITY OF OKEECHOBEE COMPREHENSIVE PLAN OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT AMENDMENT 06-1 Percent Aggregate Land Use Mix Within the Mixed Use Future Land Use Category Land Uses in Mixed Use Minimum Maximum Maximum % Land % Land Density/Intensity Use Mix Use Mix Residential 45% Ss}50% 3 oss 7.5 du/ oss ac Commercial/Non-residential 1 10% 15% .35 FAR Open Space 40% 53% .25 FAR d. Open Spaces. These areas will include preserved natural areas, buffers lakes, parks, golf courses, nature trails, retention areas, conservation areas, scenic resources, green belts, wetlands and associated areas and must account for a minimum of 40% of the property within the Residential Mixed Use Category. Golf course fairways will account for no more than fifty percent (50%) of the open space of the subject Residential Mixed Use Category. No development (residential/commercial) structures are intended, but only recreation oriented buildings and/or structures. e. The owners will employ management strategies in and around any golf course to address the potential for pesticide/chemical pollution of the groundwater and surface water receiving areas. The management practices will include: i. The use of slow release fertilizers and/or carefully managed fertilizer applications which are timed to ensure maximum root uptake and minimal surface water runoff or leaching to the groundwater; ii. The practice of integrated pest management when seeking to control various pests, such as weeds, insects, and nematodes. The application of pesticides will involve only the purposeful and minimal application of pesticides, aimed only at identified targeted species. The regular widespread application of broad spectrum pesticides is not acceptable. The management program will minimize, to the extent possible, the use of pesticides, and will include the use of the United States Department of Agriculture Soil Conservation Services Soil Pesticide Interaction Guide to select pesticides that have a minimum potential for leaching or loss to due runoff depending on the site -specific soil conditions; \\Larue I \document\Okeechobee-city\2006\Comp Plan Elements\Response to ORC.doc Page 8 of 24 RESPONSE TO DEPARTMENT OF COMMUNITY AFFAIRS CITY OF OKEECHOBEE COMPREHENSIVE PLAN OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT AMENDMENT 06-1 The coordination of the application of pesticides with the irrigation practices (the timing and application rates of irrigation water) to reduce runoff and the leaching of any pesticides and nutrients; iv. The utilization of a golf course manager who is licensed by the State to use restricted pesticides and who will perform the required management functions. The golf course manager will be responsible for ensuring that the golf course fertilizers are selected and applied to minimize fertilizer runoff into the surface water and the leaching of those same fertilizers into the groundwater; and V. The storage, mixing and loading of fertilizer and pesticides will be designed to prevent/minimize the pollution of the natural environment. f. The shorelines of any stormwater management lakes must be sinuous in configuration, and must be sloped or bermed. The littoral zones around the ponds must be planted with native wetland herbaceous plants, and trees or shrubs can be included within the herbaceous plants. At least four species must be planted. The minimum required number of plants will be one plant per linear foot of lake shoreline as measured at the control elevation water level. The littoral shelf should provide a feeding area for water dependent avian species. 5. As individual zonings to PUD are submitted to the City, they shall include as a minimum the following information: a. A showing of the amount of units as a part of the maximum approved for the parent parcel. b. A Traffic Analysis submitted verifying that adequate capacity currently exists or will exist prior to the issuance of any Certificates of Occupancy. b. Any lands included or amended into the Residential Mixed Use Category must demonstrate the non-existence of urban sprawl by: a. Submitting a fiscal impact study demonstrating a net fiscal benefit to the City. b. Directing new growth to areas where public facilities exist, are planned within the City or County Five Year Capital \\Laruel\document\Okeechobee-city\2006\Comp Plan Elements\Response to ORC.doc Page 9 of 24 RESPONSE TO DEPARTMENT OF COMMUNITY AFFAIRS CITY OF OKEECHOBEE COMPREHENSIVE PLAN OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT AMENDMENT 06-1 Improvements Plan, or are committed to through a Developer Agreement, or otherwise assured to be funded by the appropriate agency. C. Requiring all development to be connected to central water and sewer. 4. Comment: Amendment to the Conservation Element The proposed amendments to the Conservation Element include a series of actions to enhance the protection of water quality in Taylor Creek and Lake Okeechobee. The proposed amendments could be strengthened to provide more definitive guidance and a stronger level of commitment. The amendment adds Objective 6 which states that the City should invest investigate setting limits to the amount of nitrogen and phosphorus that can be discharged into Taylor Creek. The word investigate is non -binding and does not commit the City to take additional steps to reduce nitrogen and phosphorus discharges. The Policies that implement this Objective are similarly non -binding and vague. Where the policies advocate periodic reviews such as in Policies 6.9 and 6.11 no time period between the reviews is given. Policy 6.3 says the City shall "begin the process" of revaluating the transfer of developments rights but no target completion date is given. The words "the City shall consider" and "shall suggest" do not firmly commit the City to any action. (Section 163.3 177(6)(d), F.S.: Rule 9J-5.005(6), 9J-5.013(2),F.A.C.] Response: The City has revised the Objective and its policies to include more specific statements that commit the City to actions and timeframes as the Department requested. The new Objective and policies shall read as follows: Objective 6: To improve the water quality of Taylor Creek, by 2010 the City _shall develop a program to set limits as to the amount of nitrogen and phosphorus that can be discharged into the Creek. Policy 6.1: Tke-By 2012, the City shall eensidef-adopt land development regulations to help maintain whether- a high standard for water quality in Taylor Creek by Would- re"ife -requiring new development-stormwater treatment systems for new developments adjacent to Taylor Creek to be designed using a treatment train approach, using Best Management Practices in a series, to ensure maximum potential treatment of stormwater. Policy 6.2: The City shall cooperate and coordinate with the South Florida Water Management District process for purposes of suggesting improvements to the water quality of Taylor Creek. \\Laruel\document\Okeechobee-city\2006\Comp Plan Elements\Response to ORC.doc Page 10 of 24 PLAN RESPONSE TO DEPARTMENT OF COMMUNITY AFFAIRS CITY OF OKEECHOBEE COMPREHENSIVE PLAN OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT Policy 6.3: The City shall re-evaluate the transfer of development rights to allow for broader use of this function as an effective planning tool. Policy 6.4: The City, in order to protect surface water quality within its corporate limits and beyond, shall ado t a numerical standard for nutrients and pollutants of concern by 2012. Policy 6.5: The City shall evaluate opportunities to implement Okeechobee Utility Authority water quality treatment systems within the Taylor Creek area to improve the quality of surface water discharges. Policy 6.6: The quality of water to be discharged from new surface water management systems shall be subject to Federal, State, Regional and Local permitting programs and regulations that determine compliance with Federal, State and Local water quality standards. Stormwater discharges from development must meet relevant water quality and surface water management standards as set forth in Rules 62-4, 62-40, 62-302, 40E-4, F.A.C. and by local ordinance. Policy 6.7: The City shall require all new developments to meet the provisions of the SFWMD Volume IV, Basis of Review for Surface Water Management and local provisions pursuant to this Comprehensive Plan to protect surface water quality within the City. Policy 6.8: Grants and incentives should be sought for the development of surface water quality treatment system retrofitting projects for old and/or new surface water management systems that are not effectively managing water volume or flow, or removing nutrients and other pollutants. Policy 6.9: The City shall periodically review the Land Development Code to ensure all codes are conducive to the implementation of such water quality Best Management Practices. Policy 6.10: The -By 2012, the City shall adopt a program which shall require future developments to employ the provisions of the Florida Yards and Neighborhoods program. Policy 6.11: The City shall require periodic updates of the current Wellfield Protection Ordinance. \\Laruel\document\Okeechobee-city\2006\Comp Plan Elements\Response to ORC.doc Page 11 of 24 RESPONSE TO DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT FUTURE LAND USE MAP AMENDMENTS 5.Objection: Transportation CITY OF OKEECHOBEE COMPREHENSIVE PLAN AMENDMENT 06-1 The Florida DOT has identified a number of problems with the transportation analyses which were done to demonstrate that adequate capacity exists (see attached letter from FDOT dated September 14, 2006). The analysis for 06-C1-001 is based on 200,000 square feet of commercial whereas the land use category permits 2.1 million square feet of commercial (16.24 acres X 3.0 FAR X 43,560 sq. ft.). Therefore, the LBFH transportation analysis, which reports minimal impact on US 441 and SR 70, is incorrect. The segment of SR 70 just east of US 441 is currently operating below its adopted LOS. FDOT has no plans for major roadway improvements in the amendment area. This amendment is therefore inconsistent with Objective 9 of the Transportation Element, which states, "The City of Okeechobee shall encourage efforts to curtail future level of service standard deterioration, particularly along US Highway 441 and SR 70." The transportation analysis supplied with 06-C 1-002 is incorrectly based on 37.48 acres. Also, the analysis also used an AADT of 34,700 as the capacity for LOS C for the four lane roads U.S. 441 and SR 70 whereas FDOT said that these roads are urban transitioning roads with less than 2 signals per mile which gives them a LOS C capacity of 32,800. Therefore, the amendment is not based on accurate data and analysis. (sections 163.3177(2), (3), (6)(a) and (b), (8), and (10)(e), FS.; and Rules9J-5005(2), 9J-5.006(2) and (3), 9J-5.015(3)(b) and (c), 9J-5.016(1)(a), (2)(c), (3)(h) 1,3, and 5, and (4), 9J- 5.019(3)(f), (h), and (i), and (4)(b)2,FA.C.J Response: The Transportation Analysis for 06-CI-001 is valid as the limitation of 200,000 square feet of Commercial development has been placed within a site specific policy for this amendment. See Future Land Use Element Policy 2.6 (Response #6). Clarification has been made as to the acreage involved for Amendment 06-CI-002 (See Comment #6) and adjustments have been made to clarify LOS C volumes for the affected roads impacted by the proposed amendment. 6.Objection: Data and Analysis Both future land use map amendments contain conflicting information about either the acreage or intensity of the Future Land use change being sought, the result is that the analysis of their impacts is not based upon relevant and appropriate data and analysis. Also, the description of amendment 06-C1-002 makes it unclear what type of Future Land Use is proposed. The public hearing advertisement for amendment 06-C1-002 stated that this 32.97 acre site was proposed to change from the Single Family FLUM category to Multi -Family Residential. The amendment documentation, however, stated that at their August 1, 2006 meeting the City Council voted to change the FLUM category to Residential Mixed Use. Some of the analysis was done according to Residential Mixed Use and other parts assumed Multi - Family Residential. Also, the acreage of the 06-C I -002 amendment cannot be dependent on the abandonment of an adjacent parcel because the fact and the timing of this abandonment are uncertain. \\Larne I \document\Okeechobee-city\2006\Comp Plan Elements\Response to ORC.doc Page 12 of 24 RESPONSE TO DEPARTMENT OF COMMUNITY AFFAIRS CITY OF OKEECHOBEE COMPREHENSIVE AMENDMENT PLAN OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT Other discrepancies include the following: Amendment #06-C 1-001 CONFLICTING ACREAGES l . Staff Report & Legal descriptions indicate 16.24 acres (15.05 + 1.19) 2. The "Comprehensive Plan Map Amendment Application" indicates an 18.98 acre parcel 3. February 22, 2006 letter indicates a 21.14 acre parcel- as does a Wilson & Miller topographic survey map dated "23 June 2005" 4. July 27, 2006 letter indicates a 21.3 acre parcel CONFLICTING SIZES OF DEVELOPMENT 1. Change to Commercial Future .Land Use for the 16.24 acre parcel would allow approximately 2.12 million square feet (sf) of development under the comprehensive plan's intensities for commercial future land use [ 16.24 acres x 3 FAR x 43,560 sf/ac = 2.12 million sfJ. 2. The data & analysis impact analyses assume the approved land use to be 27,000 sf office, 163,000 sf retail and 10,000 sf restaurant = 200,000 sf. The LBFH traffic analysis indicates, "The initial development plan includes approximately 200,000 square feet of space". No binding limitation to this square footage is contained in the Future Land Use Element text or map. Amendment #06-C1-002 CONFLICTING ACREAGES 1. "NOTICE OF PUBLIC HEARING" & Legal description indicates site is 32.97 acres. 2. Staff Report indicates 32.97 acres, but with an "*" that indicates that "The acreage would be 37.48 acres if Taylor Creek ROW is abandoned" 3. Page 9 of CBC Request indicates total acreage at 37.48 acres including ROW abandonment 4. Two legal descriptions (with maps) totaling 37.48 acres, including the ROW abandonment — details regarding the ROW remains to be addressed 5. Traffic analysis addressing 42.92 acres 6. The "Comprehensive Plan Map Amendment Application" indicates a 53 acre parcel 7. Environmental Site Assessment indicates three parcels totaling 60 acres CONFLICTING TYPES OF DEVELOPMENT 1. Staff report indicates change to "Multi -Family Residential" FLUM 2. The "Comprehensive Plan Map Amendment Application" indicates the proposed land use is to be "RG (Multifamily PUD)" \\Laruel\document\Okeechobee-city\2006\Comp Plan Elements\Response to ORC.doc Page 13 of 24 RESPONSE TO DEPARTMENT OF COMMUNITY AFFAIRS CITY OF OKEECHOBEE COMPREHENSIVE PLAN OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT AMENDMENT 06-1 3. Staff report indicates development is purported to consist of a mix of residential along with commercial and marina uses, and possibly a fuel dock; this is also mentioned several other places in the amendment package without analysis 4. The comprehensive plan's "Multi -Family Residential" future land use category makes no mention of allowing commercial & marina uses — these land uses need clarification, and size and the impacts of these uses, if proposed, will need to be specifically addressed 5. Staff report on page 7 indicates that "8-1-06 Council approved change to Residential Mixed Use" — This approval to the proposed FLUM category "Residential Mixed Use" is not addressed elsewhere in the amendment package, nor are the details concerning the specific land uses of such an approval addressed in this amendment package (e.g. residential size is now limited to 3 du/gross acre as in the proposed Residential Mixed Use Density/Intensity Table = 98 du not 330 du?) CONFLICTING SIZES OF DEVELOPMENT 1. Staff report indicates 247 multi -family dwelling units 2. Staff report indicates development is purported to consist of 229 mixed residential dwelling units, 96-slip marina, and a fuel dock. 3. CBC Management's FLUM request analyzes a 380 dwelling unit project. 4. The traffic analysis bases its projections on 429 single family homes. [Sections 163.3177(8) and (]0)(e), F.S.; Rule 95-5.005(2), F.f1.CJ Response: The City has supplied documentation of the actual acreage, the allowable densities and intensities, the FLUM categories, and the impacts of all proposed land uses. The impact analysis has been redone based on the correct acreage, the correct FLUM categories, and the correct densities and intensities permitted by the categories. The analysis has been based on the maximum development potential of dwelling units and commercial floor space permitted by the FLUM categories. The City has revised the Amendments more specifically, as shown below: Amendment #06-CI-001 Conflicting Acreages The issue of conflicting acreages has been resolved. When the applicant submitted the application originally, the acreage that was calculated included property that did not need a Future Land Use Map change. This incorrect acreage was also commented on in a letter dated February 22, 2006. The City, also confused by the conflicting acreage, requested that the applicant submit a survey of only that portion of the property which required a Future Land Use Map change. On May 16, 2006 WilsonMilIer, Inc. surveyed the property which required a FLUM change and determined the parcels to be 15.05 acres and 1.19 acres, for a total of 16.24 acres. After reviewing all the information submitted by the applicant and records from the Okeechobee County Property Appraiser, Staff determined that this acreage was correct and we proceeded with the Amendment request and analysis for only that portion of the property. (See Attachment 2- Leal Descriptions From WilsonMiller dated 5116106) \\Laruel\document\Okeechobee-city\2006\Comp Plan Elements\Response to ORC.doc Page 14 of 24 RESPONSE TO DEPARTMENT OF COMMUNITY AFFAIRS CITY OF OKEECHOBEE COMPREHENSIVE AMENDMENT6-1 OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT Conflicting Sizes of Development While technically the Department's determination that this 16.24 acre parcel could allow up to 2.12 million square feet of commercial development under the Comprehensive Plan's intensities for parcels designated Commercial on the Future Land Use Map is true and correct, the amount of retail area that the entire development (21.14 acres) can support will be specified within the City's Future Land Use Element. The City has revised the Element to include a policy which binds the subject property to allow a maximum amount of 200,000 square feet of space for the entire parcel. This new policy shall read as follows: Policy 6: Development in conjunction with Comprehensive Plan Amendment #06-C 1-001 shall be limited to a maximum of 200,000 square feet of commercial development. This amendment is more specifically described as: Parcel 1: The West ',/k of the Southwest ;% of the Southeast '/4 of Section 15 Township 37 South Range 35 East Okeechobee County Florida, lying North of the 'north right-of-way line of State Road No 70; Except the North 50 feet of the West ;z of the West 1/2 of the Southwest 'i4 of the Southeast 1A for road purposes also except the following described p1pMrty conveyed to the State of Florida: A parcel_of ]and in the West%2 of the Southwest 14 of the Southeast '/4 of Section_ 15, ^l oxvmhip37 South, Range 35 East being more particularly described_ as follows: Commence at the South 1/4 corner of said Section 15: thence runyortherl y on the `%4 section line a distance of 36.95 feet to the centerline of State Road 70; thence North 80'54'49" East. on said centerline a distance of 347,10 feet: thence Northerly at 90' to said centerline a distance of 40 feet to the Point of Beginning; thence continue Northerly a distance of 17 feet; thence Easterly at 90' a distance of 20 feet thence Southerly at 90 de rees a distance of 17_feet thence Westerly at 90� a distance of 20 feet to the point of beginning. Parcel 2• Beginning at the Southwest comer of the East !iz of the Southwest '/4 of the Southeast ' 4 of Section 15 Township 37 South Range 35 East and nni North aloniz the West boundary a distance of 594 feet; then run East a distance of 186.3 feet then run South a distance of 594 feet to the South boundary of Section 15• then run West a distance of 186.3 feet to the Point of Beginning. Less and except the right-of-way for State Road 70. OR Book 525 Page 1999 Public Records of Okeechobee County Florida and is Mroximately 21.14 acre(s). By posing this limitation on the amount of commercial development allowed on the subject property, it is no longer necessary for the City to reanalyze the impacts of the development. \\Laruel\document\Okeechobee-city\2006\Comp Plan Elements\Response to ORC.doc Page 15 of 24 RESPONSE TO DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDAT{ONs AND COMMENTS REPORT CITY OF OKEECHOBEE COMPREHENSIVE PLAN AMENDMENT 06-1 Amendment #06-CI-002 Conflicting Acreages The portion of the property which the applicant is requesting a Future Land Use Map Amendment contains approximately 32.97 acres as shown on Attachment 3- Sketch and Legal Description for Amendment #06-CI-002 for the Department's review. This acreage was also verified using records from the Okeechobee County Property Appraiser, which is also included for the Department's review. Until the applicant has provided the City with proof of the Taylor Creek right-of-way abandonment, it shall not be included as part of this Amendment request. The conflicts in the acreage arose from the application which originally included parcels that did not require a Future Land Use Map Amendment. (Please see Attachment 4- Okeechobee County Property Appraiser records for Parcel Nos. 2-21-37-35-OAOO- 00042-B-000, 2-22-37-35-OA00-00033-0000, 2-22-37-35-OA00-0031-0000, and 2-27-37- 35-Oa00-00045-0000) As such, the Staff Report and Notice of Public Hearing only describe the parcel which is subject to Amendment, while the CBC Request, Traffic Analysis, Comprehensive Plan Application, and Environmental Site Assessment all discuss the entire site which, based on the size of the parcel numbers given on the application, is approximately 45 acres more or less. As stated earlier, the applicant is requesting a FLUM Amendment only for Parcel No. 2-22-37-35-OA00-00031-0000 (32.97 acres). Conflicting Types of Development In the applicant's original request, the Multi -Family Future Land Use category was the intended proposed use for the subject property. However, after much discussion with the Local Planning Agency, City Council and the applicant, it was agreed that this property would be best served under the proposed Residential Mixed Use Category. On October 2, 2006, the City submitted correspondence to the Department which was to serve as an update of this Plan Amendment. (See Attachment 5- Memo dated October 2, 2006)The City has revised the Staff Report to assess the impacts of the development under this proposed Category. (See Attachment 6- Revised Staff Reportfor CBC Management Corp., Revised Application, Revised Data and Analysis) Conflicting Types of Development The maximum density allowed under the newly proposed Residential Mixed Use Future Land Use Category is 7.5 acres per gross dwelling unit. As such, the applicant is only allowed to develop a maximum of 247 dwelling units on the subject property (32.97 X 7.5 = 247). As can be seen on Attachment 6, the City has completed a full analysis of the impacts of this development using the maximum density allowed on the subject property. \\Laruel\document\Okeechobee-city\2006\Comp Plan Elements\Response to ORC.doc Page 16 of 24 RESPONSE TO DEPARTMENT OF COMMUNITY AFFAIRS CITY OF OKEECHOBEE COMPREHENSIVE PLAN OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT AMENDMENT 06-1 7. Objection: Water Supply The City is currently served by the Okeechobee Utility Authority (OUA), which has a Consumptive Use Permit for 2.83 million gallons per day (mgd), which will expire in January 2007. According to a July 18, 2006, letter from OUA, the current demands on the system are for 2.8 mgd of water supply. Thus, the amount of water remaining for the increased densities and intensities being proposed by the two land use map amendments is 30,000 gpd. The applicants estimate that their potable water demands will be approximately 55,000 gpd (1120 Holdings) and 95,000 gpd (CBC Management). This estimated demand plus the demands of other future users exceeds the water supply available. Therefore the plan amendments are not based on the availability of water supplies. [Section 163,3177(6)(a), F.S.; Rules 9J.5.006(3)(b)l, 9J-5.01I(2)(b)2, and 9J- 5.016(3)(b)3, F.A.C.] Response: The OUA has reviewed both Map Amendments and has not voiced a negative comment concerning capacity of water or for these proposed uses. OUA is now in the process of revising their consumptive use permit to accommodate these amendments, if approved. 8. Comment The SFWMD has commented on the need for the city to re-evaluate its water supply source to meet projected needs through 2015, and to be aware of potential constraints on obtaining additional raw water from Lake Okeechobee. These water Source Issues will need to be addressed as part of the City's 10 year water supply plan. The plan must address water supply sources necessary to meet the City's future growth, must demonstrate that future land uses are based on available water supplies and must include a work plan to build necessary potable water infrastructure. This is due within 18 months of the final approval of the Kissimmee Basin Water Supply Plan (see the attached letter from the South Florida Water Management District). [sections 163.3167(13) and 163.31 77(6)(c), F.S.J Response: When the Kissimmee Basin Water Supply Plan is finalized, the City of Okeechobee will coordinate with the OUA to ensure water source issues are addressed as part of the 10-year water supply plan. The plan will address water supply sources necessary to meet the City's growth and will be adopted within 18 months of the Kissimmee Basin Water Supply Plan's final adoption date. Consistency with the State Comprehensive Plan The proposed amendments are not consistent with the State Comprehensive Plan including the following goals and policies: Goal (15) Land Use, Policies (b) 1,2,3,5 and 6; Promote development in areas with the capacity to serve new population and commerce; encourage a separation of urban and rural areas; \\Laruel\document\Okeechobee-city\2006\Comp Plan Elements\Response to ORC.doc Page 17 of 24 RESPONSE TO DEPARTMENT OF COMMUNITY AFFAIRS CITY OF OKEECHOBEE COMPREHENSIVE PLAN OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT AMENDMENT 06.1 encourage an attractive and functional mix of living working, shopping and recreational activities; establish impact review procedures to evaluate the effects of significant development; and consider the impacts of land use on water quantity and quality, the availability of land, water and other natural resources, and the potential for flooding. Goal (17) Public Facilities, Policies (b) 1,3,4,5,6,7 and 9: Maximize the use of existing public facilities, allocate the costs of new public facilities based on the benefits received by existing and future residents, and develop fiscally sound and cost effective techniques for financing public facilities. Goal (19) Transportation, Policies (b) 2,3,9,11 and 13: Ensure an efficient and coordinated transportation system. Response: Based on the above revisions, the City's amendment is consistent with the State Comprehensive Plan. \\Laruel\document\Okeechobee-city\2006\Comp Plan Elements\Response to ORC.doc Page 18 of 24 RESPONSE TO DEPARTMENT OF COMMUNITY AFFAIRS CITY OF OKEECHOBEE COMPREHENSIVE PLAN OBJECTKNIS, RECOMMENDATIONS AND COMMENTS REPORT AMENDMENT 06-1 Attachment I — City of Okeechobee Capital Improvement Element Update Contract Deliverables Table \\Larne 1 \document\Okeechobee-city\2006\Comp Plan Elements\Response to ORC.doc Page 19 of 24 DCA Tec )ical Assistance Grant No.: 06-DR-73-07-57-02-076 ) Deliverable #2 City of Okeechobee Capital Improvement Element Update Contract Deliverables Evaluation Item DCA Notes Cit Comments 1. Do the data include the adopted level of No. The table of content mentions it The City's adopted Comprehensive Plan (2000) does service standards? §163.3180(1), Rules 9J- but was not addressed. include the adopted level of service standards which can 5.0055(1) and 9J-5.005(2) be found in Policy 2.1 of the Capital Improvements 2. Do the data include a population projection? No. The projected population of the Element and a Concurrency Management System. The City updated the population projections from 1999 §163.3177(6)(a), Rule 9J-5.005(2) City and the projected land needs to EAR -based Amendments with new information which support the population should be was submitted to the Department as part of the proposed included. package. To date, there have been no insurmountable problems with the allocation of land to meet the demonstrated needs of the City, but the allocation of multi -family residential appears low. Based on the latest information contained within the 1999 Evaluation and Appraisal Report, approximately 430 acres or 18% of the land within the City was vacant with most of this land is in areas currently designated for residential uses. Since that time period, it is estimated that less than 10% of the vacant residential areas have been developed. However, development of these residential areas will depend on potable water and sanitary sewer services being available. Projected population for the City is an estimated 7,455 residents in the year 2015 (See Table 7 of the Population Projections). At current inventory levels, the developable vacant land sum seems adequate to accommodate the existing and antici ated ulation of the Ci DCA Technical Assistance Grant No.: 06-DR-73-07-57-02-076 Deliverable #2 Evaluation Item DCA Notes Citv Comments 3. Do the data show or describe where growth No. No population projection was See City Comments above. is projected to geographically go and when? included. (See 2 above). 163.3177 6 a Rule 9J-5.006 2 4. Does the data identify existing No. They need to identify the existing There are no existing infrastructure deficiencies for LOS infrastructure deficiencies for LOS-related deficiencies for all public facilities related facilities within the City of Okeechobee. facilities? §163.3177(3)(a), Rule 9J- 5.016(2)(b) The Okeechobee Utility Authority has been responsible for the monitoring of public facilities as it relates to sewer, solid waste, drainage, and water since 1998. The City submitted Okeechobee Utility Authority's Six -year Estimated Capital Improvement Program to the Department for informational purposes. This Table identifies the existing water and sewer deficiencies for its facilities. 5. Do the schedule address deficiencies? No. (See 4 above) The Schedule of Capital Improvements estimates public §163.3177(3)(a)l, Rule 9J-5.016(3)(b)1 facility costs and projected revenue sources to fund these facilities to meet the needs of the City and continue to maintain the current LOS standards. See City Comment 4 above. 6. Do the data include listing of existing No. But; some projects and their cost All City projects, their costs, and funding sources are revenue and expenditures as well as are listed without indicating the shown. The City is trying to communicate to the OUA projected revenues and expenditures? sources of revenues. The sources of that some of the OUA projects that are listed show the 163.3177 3 a 1, Rule 9J-5.016 3 l funding must be stated. fandina source as "N/A" and this should be revised. 7. Do the schedule show amount coming from No. See 6 above. See City comment (4 and 6) above, each revenue source per project? 163.3177 3 a 2 Rule 9J-5.016 2 8. Are the fiscal year(s) identified for when the Yes. No comments. capital improvements are scheduled? 163.3177 3 a 5 Rule 9J-5.016 4 a 9. Are the names of the projects mentioned in Yes No comments. the schedule? §163.3177(3)(a)2 and 5, Rule 9J-5.016 4 a la DCA Technical Assistance Grant No.: 06-DR-73-07-57-02-076 Deliverable #2 Evaluation Item DCA Notes City Comments 10. Are the limits or location of the projects No. They need to include the exact The City's Public Works Department does not currently specified in the schedule (i.e., Boulevard X from Street A and Lane B)? location of the project, have the information to revise the schedule pinpointing §163.3177(3)(a)2 and 5, Rule 9J- the exact locations of Public Works projects. 5.016 4 a 1 a 11. Is the type and description of improvement Yes. Only two of the projects may No comments. or facility noted in the schedule (i.e., roads, have something to do with the water, sewer, etc.)? §163.3177(3)(a)2 and maintenance of the adopted LOSS. 5, Rule 9J-5.016 4 (a)la 12. If multi -phased, is the phase of the project No. No comments. noted in the schedule? Rule 9J- 5.016Q(06 None. 13. Are the project costs noted in the schedule? Yes. Rule 9J-5.01 4 a 2 14. Are only committed revenue sources used No. No revenue sources are stated. Revenue sources are stated for all City projects. (See for the first three years of the schedule? So, it is had to tell if the money is comments 6 and 10 above). 163.316 32 and 163.3177 3 a committed or planned. 15. If planned revenues are used for the last two No. (See #14 above). No comments, not applicable. years of the schedule that require referenda or other actions to secure, are alternate committed revenues identified in the event the planned revenue source is not approved? 163.3177 3 a 5 Rule 9J-5.016 4 a 2 16. Does the schedule include a demonstration No. The schedule must identify, using The street overlay project and the stormwater retention of consistency with the individual elements of the plan? Rule 9J-5.016(4)(a)lb footnotes, those projects that are in project will include footnotes indicating which specific placed the schedule to reduce LOS standard is being maintained. existing deficiencies identified in other elements of the comprehensive Plan, and indicating the page of the specific element where the deficiency or program was identified. 17. Does the schedule identify which projects No. This needs to be done. (See #16 See City Comment above. are needed to replace existing facilities? above). Rule 9J 5.016(3)(c)3 and Rule 9J- 5.016 4 a 1 DCA Technical Assistance Grant No.: 06-DR-73-07-57-02-076 Deliverable #2 Evaluation Item DCA Notes City Comments 18. Does the schedule identify which projects No. This needs to be done, and it Since adoption of the Plan, the City has been meeting its are needed to meet the future demand? should be based on the projected Level of Service standard for recreation and §163.3177(3)(c)3, Rule 9J-5.016(2)(c) population and the anticipated growth transportation. As stated earlier, the City is expected created by the projected population increase by 1,682 additional residents by 2015, during the planning timeframe. Coordination with the OUA has been implemented to evaluate the ability to fund projects necessary to correct deficiencies and to provide for future growth at the adopted Level of Service for water, sewer, drainage, and solid waste collection. This is done annually in conjunction with the updating of the Capital Improvements Element and the Five Year Schedule of Capital Improvements. The OUA is being asked to pinpoint which projects are needed to meet the projected population. 19. Does the schedule show 10-Year Water No. At this time, there are no water supply projects required. Supply projects for public, private, or regional facilities, if required? 163.3177 6 c 20. Does the schedule include MPO TIP if No. N/A No comments. relied upon for concurrency? Rule 9J- 5.019 3 and 4 3 21. If privately funded projects are listed, is No. There are no privately funded projects shown in the there an agreement and is funds shown as a Schedule. revenue source? 163.3177(3)(a)5 22. After Public School Facilities Element is No. adopted, does schedule show public schools capital improvements schedule? 23. 163.3177(12)(c) If local government adopts a long term No. The City did not adopt a long The 1999 EAR -based Comprehensive Plan contains a CMS, is the schedule also long term (10 or term concurrency management Concurrency Management System. 15 years)? 163.3177 3 d system. 24. Are there items included that are not LOS or Yes. In fact, the overwhelming No comments. concurrency related (i.e., police cars)? majority of the items are not LOS related. DCA Technical Assistance Grant No.: 06-DR-73-07-57-02-076 Deliverable #2 Evaluation Item DCA Notes City Comments 25. Does the deliverable include any items not required for this deliverable? No. No comments. RESPONSE TO DEPARTMENT OF COMMUNITY AFFAIRS CITY OF OKEECHOBEE COMPREHENSIVE PLAN OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT AMENDMENT 06-1 Attachment 2 — Legal Descriptions from WilsonMiller for Amendment #06-C1-001 \\Larue I \document\Okeechobee-city\2006\Comp Plan Elements\Response to ORC.doc Page 20 of 24 LEGAL DESCRIPTION PARCEL A A PORTION OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST OKEECHOBEE COUNTY, FLORIDA A parcel of land lying in Section 15, Township a3 f Soou�tth. Range 35 East, Okeechobee County, Florida. and being more particulady described ine of said COMMENCE at the Southeast comer of said Sect! theSouthof Sthe ectio ,115; thence Section 15, S.89°02`40' 1tV., 4$6.26 feet to a point 6.29 N.00°57'20'1N., 63.49 feet; thence N.00'16'S �'{ ue along said 250-90 t�lineeS.89"5449"W , 674�.15 feet; feet to the POINT OF BEGINNING; thence co thence N.00*13'56"W., 943.80 feet; thence N.8 e14 feet; {hence S p016'59`tEth 1002.57�ee to the 49.99 feet; thence N.89 09 59'W, 336. POINT OF BEGINNING. Said parcel contains 15.05 acres, more or less. SEE ATTACHED FOR SKETCH hed sketch �d without the signature and the This legal description and the attac original raised seal of a Florida licensed surveyor and mapper. North American Bearings shown hereon are based on the State ane West Zone. The reference bearing is the Datum of 1983/1990 Adjustment (NAD83/90), Southerly line of Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, being S.89'02'40"W. Prepared by: Witson0iter, Inc. L Gard V . Rashfo d Professionand Mapper No. L96305 State of Florida P.I.N.: 0:.:i2.004-002 C.1p00 Ref- A-OU52137 Date: Ap it 18.2006 Date Offices strategically located to serve our clients 8go.649.4335 Fort Myers Office 4571 Colonial Boulev3d • Fat Myfrs Florida 33912 • 239-939.1020 v Fax 239939.3412 wflsonmllter com ytere- M oox,. e veu-YN►il WJltonNNrrinc. — fL VC-t Le-0000t)0 ¢0904w9 a • o0000 r r � •' -L fy-r„ '.�vF-wV"'w UP rc0+; 0`�' .. fi� �'U'R.f^„^fi..�,..ax" icr'.. sc art S r s x3� x tiv 71 �-y igan%elrLwtbris In Pbrift t7es t � (1T IQClfnp i _ ti LEGAL DESCRIPTION PARCEL B • A PORTION OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST OKEECHOBEE COUNTY, FLORIDA A parcel of land lying in Section 15, Township 37 South, Range 35 East Okeechobee County, Florida, and being more particularly described as follows: COMMENCE at the Southeast comer of said Section 15; thence along the South line of laid Section 15, S.89°02'40"W., 486.26 feet to a point on the South line of Section 15; thence, N.00-57'20"W., 63.49 feet; thence, N.00°1659"W., 250.90 feet to the POINT OF BEGINNING; thence, S.89'54'49"W., 186.29 feet; thence N.00016'59' W., 276.78 feet; thence N.89002'40"E., 186.30 feet; thence S-000 1 6'59"E-, 279.61 feet to the POINT OF BEGINNING. Said parcel contains 1.19 acres, more or less. SEE ATTACHED FOR SKETCH This legal description and the attached sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. Bearings shown hereon are based on the State Plane Coordinate System, North American Satum of 198311990 outherly line of Section Adjustment 15, Township 37 South, Range 35 East, Okeechobee Co nty,�Florida, g is the Southerly being S.89°02'40"W. Prepared by: W"sonMi!ler, Inc. . Gary W ashford Professi nal Surveyor and Mapper No. LS6305 State of Florida'- - 5�0 Date ollices strategically located to serve our clients 809.649.4336 Fort fters office 4571 Colonial Boulevard • Fat Myers, Florida 33912 * 23-9 939 1020 • FV239.5ii9.3412 wilsoamAlercom fnartoM "Ilo Ver. oi,- WALL C,.r, Wlhontlttler lac. — FL UC./4C-0000170 no►omem -00= RESPONSE TO DEPARTMENT OF COMMUNITY AFFAIRS CITY OF OKEECHOBEE COMPREHENSIVE PLAN OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT AMENDMENT 06-1 Attachment 3 — Sketch and Legal Description ofAmendment #06-C1-002 \\Larue I \document\Okeechobee-city\2006\Comp Plan Elements\Response to ORC.doc Page 21 of 24 rt;ri%--,cL. c. VVGoI Ut- i ATL.UM Lo mr-r% IllUri I -Ur-VVAT P.O.C. COR. S.w.1/4 SEC.22 TWP. 37 S. ROE 35 E- 8 r FOUND AXLE TAYLIIR COVE PIS, PG 60 P.O.B. F g x S.E. STH STREET II A00'1i36'Yt 5119 20 �. atw .= W, - we p.m In W Caa IIM� 0[•/6Rt1f. 1iC� � ►ilm »N-aMssW N � K tM alO"4'f P[ ii ►t I Z?,MeeALRCS /M[4MlW311SIR RA. Ar@. N-aDirMi J me wo cna .�mxian wcn ra-an-w►sw M �wOa RMOW �C I�Ma l-E-P-M-MyW rA PARCEL 3 i0 m e�-n-n-�i.►.e v o � - on SCALE, 1'= 300" SECTION 22 TOWNSHIP 37 S. RANGE 35 E. -Z `v I t H 9� 12A67 ABBRMATIONS: (C) - CALCULATED COURSE CLF - CHAIN LINK FENCE CM "CONCRETE MONUMENT .4 CONC - CONCRETE PAVEVENT FOUND 4X4 CDNC. MON. �� (D) - DEEDED COURSZ PARCEL 4 0� "�> /_+ R/C - IRON ROD & CAP pAg, 3a7 = N/F NOW OR FORMERLYIV �I PG 209 A. z i w N v _o Y FJ tti � 0 U �pp N p m_ S.W.1/4 z :3 g SEC.22 3 z TwP. 37 S RGE 35 E z: 22 C0NC2fTE MONUMENT BEARING NOTE THE BEARINGS SHOWN HEREON ARC REFERENCED TO THE SOUTH LINE OF SUNSET STRIP AIRPARK PER O.R.6.1593 PAGE OB66. 4• 'w (M) - MEASURED COURSE i 83'0 M2 81 (P) - PLATTED COURSE C S84.19 33 1YP. -TYPICAL I SURVEY NOTES: t I. BEARING STRUCTURE BASED ON THE HEST U14E OF SECTION 22. TO'ANSHIP 37 SOUTH. RANCE 33 EAST. BEING SOUTH 0017'38' EAST. 2. THE SKETCH AND DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 3. THIS IS NOT A BOUNDARY SURVEY. GRAPHIC SCALE SOUTH LINE SECTION 22 > 1 �0 2j030 THIS IS NOT A SURVEY C TITIFCATE 02M ALL PJCHTS RESER'F-D THIS IS TO CERTIFY THAT THE SKETCH SHOWN HEREON AND THE ATTACHED DESCRIPTION IS ACCURATE AND ECT TO THE BEST OF MY Ku0'+A.EDC AND BELIEF AND DOES NOT REPRESENT A FIELD SURVEY. I FURTHER CERTIFY THAT THIS SKETCH AND DE ON MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH UNDER RULE 61517-6 OF THE FLORIDA AD`ANISTRATIVE CODE PU TO C T R 472.027, FLORIDA STATJ-E RFtiISIONS DATE BY SUBMITTAL 02-23-06 ,)„L P D ER S 4275. STATE CF FLOR:C JOSEPFi J. L Y SURVEYu+JLG & MAPPING. INC.. F 9727- DATE Or SKETCH F DRAWN BY 11 CHECKED BY FILE NAM-: 02-20-06 TM I JJL I TCFV_S?0-d-9 LEGAL DESCRIPTION for - - PARCEL 2. WEST OF TAYLOR CREEK RIGHT-OF-WAY LEGAL DESCRIPTION PARCEL#2—A Being a parcel of land lying within the Southwest quarter (1/4) of Section 22, Township 37 South, Range 35 East, Okeechobee County, Florida, and being more particularly described as follows: COMMENCE at the Northwest corner or the Southwest quarter (1/4). of said Section 22, Thence South 00'17'36" East along -the West boundary line of said Section 22, a distance of 212.00 feet to the POINT OF BEGINNING; Thence North 89'44'49" East a distance of 1,441.65 feet to a point lying on the westerly right—of—woy line of Taylor Creek as shown on a Plat recorded in Plat Book 2, Page 83; Thence South 16'59'49" West, along said westerly right—of—way line, a distance of 319.94 feet; Thence South 19'38'07" West, continuing along said right—of—way, a distance of 838.97 feet; Thence South 20'17'30" West, continuing along said right—of—way, a distance of 455.95 feet, to the north line of Parcel 4, as described in Official Records Book 507. Page 209 of the Public Records of Okeechobee County, Florida, said line measuring 901.00 feet north of and parallel with the south line of said Section 22. Thence South 89'20'09" West along a line being 901.00 feet North of, when measured at right angles, and parallel with the Southerly boundary of Section 22, a distance of 517.92 feet; Thence North 00'17'36" West, a along a line measuring 210.00 feet east of when measured at right angles, and parallel with the west boundary of said Section 22, a distance of 36.00 feet; Thence South 89'20'09" West, a along a line measuring 937.00 feet north of when measured at right angles, and parallel with the Southerly boundary of said Section 22. a distance of 210.00 feet, to a point on the aforementioned West boundary line of said section 22; Thence North 00'17'36" West, along the west line of said Section 22, c distance of 1008.37 feet; Thence North 89'20'09" East, perpendicular to and parallel with the Southerly boundary of said Section 22, a distance of 200.00 feet; Thence North 00'17'36" West along a line 200.00 feet perpendicular to and parallel with the Westerly boundary of Section 22 a distance of 450.00 feet; Thence South 89'20'09" West along a line parallel to the Southerly boundary of said Section 22, a distance of 200.00 feet, to a point on the aforementioned Westerly boundary line of said Section 22; Thence North 00'17'36" West. along said line westerly boundary, a distance of 32.50 feet to THE POINT —OF —BEGINNING. Containing 32.97 acres, more or less. THIS IS NOT A SURVEY CERTIFICATE THIS 15 TO CERTIFY THAT T .: SKETCH NFRFO'l AND TY.E ATTACHED Dc SCRIPT.O.N IS ACCU?ATT AND AND BELIEF AND DOES NOT R=PRESENT A F:ELD SURVEY. I FCitiH-_R Cu,11FY THAT T:i:S S%ETCHH '' C SC: STANDARDS SET FORTH VNOER RULE 6IC17-6 OF THE FLORIDA ADMINISTRATIVE CCOE PVRSU�?; "h ' REVISIONS DATE BY SUBMITTAL 1 02-20-06 TM LA T OF 1 SEAL NOT VAUD WITHOUT THE SIGNATURE AND THE ORIOL`4AL RAISED SEAL OF A FLCRIDA LICENSED SURVEYOR "ID MAPPER �7020M AU Hors RES RVEO YTHE BEST OF MY KNOc_FD(,E S THE MINIMIJ)A T_CHNICAL FLORIDA STATUTES. S 4273. STATE OF FLORIDA & MAPPtNC. INC.. "7276 RESPONSE TO DEPARTMENT OF COMMUNITY AFFAIRS CITY OF OKEECHOBEE COMPREHENSIVE PLAN OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT AMENDMENT 06-1 Attachment 4 — Okeechobee County Property Appraiser Records for Parcel Nos. 2-21-37 35-OAOO-00042-B000 2-22-37-35-OA00-00033-0000 2-22-3 7-3 5-OA 00-00031-0000 2-2 7-3 7-35-OA OO-00045- 0000 \\Laruel\document\Okeechobee-city\2006\Comp Plan Elements\Response to ORC.doc Page 22 of 24 VKeeCn0L)UV %—UU11ty F IUPUILy t1E PIa,a�.r = rvtuJ 1 11u1�..0 Okeechobee County Property Appraiser 01W' Sher -Ma,`. CI-AFlorid . S:?3--,F3-4422 a a.1 0.2 0.3 Mi . . %� E PARCEL: 2-21-37-35-OA00-00042-B000 - VACANT (000000) A PORTION OF PARCEL 42A AS DESC IN ORB 375 PG 290 & 291: THE N50 FTOFW300 FT& E61 Name:CBC MANAGEMENT CORPORATION LandVal $59,610.00 Site: 0, Okeechobee BldgVal $0.00 Mail: PO BOX 2558 ApprVai $59,610.00 OKEECHOBEE, FL 349732558 JustVal $59,610.00 ., Sales 7/28/2003 $198,000.00V / U Assd $59,610.00 . Info 7/16/1999 $0.00 1 1 U Exmpt $0.00 2/22/1996 $0.00 i / U Taxable $59,610.00 This information. Last Uodated 11/612006. was derived from data which was rmmniterl by the nkeerhnhee r nunty Prnnr+rtv Gnnraift-4s 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://w�'`tiv.okeechobeepa.com/GIS/Print_Nlap.asp?pjbolibchhjbnligcafccj fhoj laehdomhI... 11/14/2006 \JAGGGi1V V1..V '.,vwr►y r rvP�lL.7 ..t.l.., .....,... . —F . ,.....,... v.. . _ ..-- --- ------ - - ••' L FUechobee County Property .appraiser 0 •�° 3 Mi +. C - "Gill" Shen -,In, (;FA - O keech;:hee. Fi'.r d : - % _-: •a-:-d 2 �t �+ .-E EL: 2-22-37-35-OA00-00033-0000 - VACANT (000000) NPLATED LANDS OF THE CITY BEG AT A PT 547 FT N OF SW 2 r COR OF SEC 22 RUN N ON SEC Name:CBC MANAGEMENT CORPORATION LandVal $195.000.00 i Site: 0 , Okeechobee BldgVal $0.00 PO BOX 2558 ApprVal $195,000.00 Mail. OKEECHOBEE, FL 349732558 JustVal $195.000.00 _; l Sales 7/28/2003 so 00V / U Assd $195,000.00 Info 7/1611999 $115,000.00V / U Exmpt $0.00 t 2/22/1996 $O.00V I U Taxable $195.000.00 This information, Last Updated: 111612006, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of prope, ,y 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 Appraisers office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad �- valorem assessment purposes. http://,,-,&'tiv.okeechobeepa.com/GIS/Pn'nt_-lap.asp?pjboiibchhjbnllgcafccj fhojiachdomhl... 11/14/2006 Vku"tivu" wUIILY 1 1Vp1;LLy rJppluio%. - i,iu� a ►urc%.0 0- Okeechobee County Property Appraiser 1: "i iil' Sherman, C:'=A _ ^k2(dG obey: i=;oriel._ • E63-?63-�=22 L►" g PARCEL: 2-22-37-35-UA00-00031-0000 -IMP PAsruF2 (006180) UNPLATTED LANDS OF THE CITY W 1/2 OF SW 114 LYING W OF CREEK EXCEPT S 901 FT 8 CREEK Name:ALTOBELLO FRANK TRUSTEE, ETAL LandVal $533.130.00 Site: 0, Okeechobee BldgVal $0.00 _t Mail: BOX 417 ApprVal $533,130.00 OKEECHOBEE, FL 349730417 Justval $533,130.00 4/1612003 $0.00 V / U Assd $533,130.00 ^ Ll Sales 4/1612003 $0.00 V / U Exmpt $0.00 Info 12/29/2000 $0.00 V / U Taxable $533,130 00 t nts tnTormanon, t_ast Updated- 1116/26o6, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http-//ht �\-%v.okeechobeepa.com/GIS/Pfint_Map.asp?pjbolibchhjbnllgcafccj fh0jiaehdomhl... 11/14/2006 Vt,cccuvucc VvuuLy , iVp�,L y �YY t Okeechobee County Property Appraiser U 0.06 0.16 0.24 M' ,,.., PARCEL: 2-21-37-35-0A00-00045-0000 - VACANT COM (001000) UNPLATTED LANDS OF THE CITY BEG 921.5 FT S OF NE COR OF SE 1/4 SEC 21 RUN S 293.3 FT Name: ALTOBELLO FRANK TRUSTEE, ETAL LandVal $296,750.00 Site, 0.Okeechobee BldgVal S0.00 BOX 417 ApprVal $296.750.00 11 Mail: OKEECHOBEE, FL 349730417 JustVal $296,750.00:.. 4/16/2003 $0.00 V / U Assd $296,750-00 — Sales 4/1612003 $0.00 V / U Exmpt $0.00 Info 12/29/2000 $0.00 V J U Taxable $296.750.00 This information, Last Updated: 11/6/2006, was derived from data which was compiled by the Okeechobee County Property Appraisers 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 its 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:/,/xN'« k%,,okecchobeepa-com/GIS/Print_Map.asp?pj'bolibchhjbnligcafccj fhojiaehdomhl... 11/14/2006 RESPONSE TO DEPARTMENT OF COMMUNITY AFFAIRS CITY OF OKEECHOBEE COMPREHENSIVE PLAN OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT AMENDMENT 06-1 Attachment 5 — Memo dated October 2, 2006 to the Department \\Lamel\document\Okeechobee-city\2006\Comp Plan Elements\Response to ORC.doc Page 23 of 24 .%� LARUE PLANNING & MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite Z Fort Myers, Florida 33901-2845 239-334-3366 • FAX: 239-334-6384 e-mail: larue-planning@att.net mC�Opi7 Memo To: Parker Collins, DCA Plan Reviewer From: James G. LaRue, AICP Date: October 2, 2006 Subject: City of Okeechobee Large Scale Comprehensive Plan Amendment This correspondence shall serve as an update of City Plan Am ndment d Res denOaUMio d Use Future Land in response to the Departments concern regarding the prop Use Category which is being proposed for the subject property. As can be seen from the original Staff Report submitted with the Large Scale packet, the applicant t e1 req est for ily Future Land Use category for the subject property. Staff recommended denial of several reasons, one being that the application was more suitable in a Mixed Use Future Land use Category with lesser density than the multi -family request. l to DCA subject At the City Council meeting the application was anew Mixed Use Futurved for e La d Use Category It applicant agreeing to the property being placehe d in a n e designation at the adoption was agreed by City Council to advertise the request u dataing tand analysis he Mixed st at s supports the Mixed Use public hearing. The applicant has submitted re Category and this has been submitted to your agency. Please let us know if further information is needed. JGL:lk RESPONSE TO DEPARTMENT OF COMMUNITY AFFAIRS CITY OF OKEECHOBEE COMPREHENSIVE PLAN OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT AMENDMENT 0$-1 Attachment 6-- Revised Staff Report for CBC Management Corporation, Revised Application and Data do Analysis Completed by CBC Management Corp.. \\Larue I \document\Okeechobee-city\2006\Comp Plan Elements\Response to ORC.doc Page 24 of 24 i .►acKson Street, Suite 206 Fort Myers, Florida 3390 I -2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(a),att. net REVISED - Large Scale Comprehensive Plan Amendment Applicant CBC Management Corp. Owner: FrankAltobello, Trustee From: To: Mixed Use Single Family Residential riir� f��i�ii�e�� Off i�rsa•r�„s.:s2 iirli�sA%I13�I�J Staff Report Large Scale Comprehensive Plan Amendment Applicant: CBC Management Corp. 06-C1-002 6- Applicant: GBC Managemegt Co rP .. Agent: _. Thomas Close Address: 301 NW O Avenue Okeechobee, FL .34972 Phone Number: 863-467-0831 Fax Number: 863-763-6337 Owner of Record: Frank Altobello Existing Proposed Property Control Number 2-22-27-35-OA00-00031-0000 Future Land Use Single -Family gesidential Designation Zoning District Residential Mixed Use Holding and PUB RMF Acreage *32.97 Density - 32.97 132 du 247 du/ Toss ac Access US 441 US 441 Legal Description: Being a parcel of land lying within the Southwest quarter of Section 22, Township 37 South, Range 35 East, Okeechobee County, Florida, and being more particularly described as follows: Commence at the Northwest corner of the Southwest quarter of said Section 22, thence South 00, 17' 36" East along the West boundary line of said Section 22 a distance of 212.00 feet to the POINT-OF-BEGINNiNG; thence North 891 44' 49" East a distance of 1441.65 feet to a point lying on the westerly right-of-way line of Taylor Creek as shown on a Plat recorded in Plat Book 2, Page 83; thence South I6' 59'49" West, along said westerly right-of-way line, a distance of 319.94 feet; thence South 19'38'07" West, continuing along said right-of-way, a distance of 838.97 feet; thence South 20117'30" West, continuing along said right-of-way, a distance of 455.95 feet, to the north line of Parcel 4, as described in Official Records Book 507, Page 209 of the Public Records of Okeechobee County, Florida, said line measuring 901.00 feet north of and parallel with the south line of said Section 22. Thence South 89°20'09 West along a line being 901.00 feet North of, when measured at right angles, and parallel with the Southerly boundary of Section 22, a distance of 517.92 feet; thence North 00° 17'36" West, a along a line measuring 210.00 feet east of when measured at right angles, and parallel with the west boundary of said Section 22, a distance of 36.00 feet; thence South 89°20'09" West, a along a line measuring 937.00 feet north of when measured at right angles, and parallel with the Southerly boundary of said Section 22, a distance of 210.00 feet, to a point on the aforementioned West boundary line of said section 22; thence North 00°17'36" West, along the west line of said Section 22, a distance of 1008.37 feet; thence North 89'20'09" East, perpendicular to and parallel with the Southerly boundary of said Section 22, a distance of 200.00 feet; thence North 00°17'36" West along a line 200.00 feet perpendicular to and parallel with the Westerly boundary of Section 22 a distance of 450.00 feet; thence South 89°20'09" West along a line parallel to the Southerly boundary of said Section 22, a distance of 200.00 feet, to a point on the 1 Staff Report Large Scale Comprehensive Plan Amendment Applicant: CBC Management Corp. 06-C1-002 . aforementioned Westerly boundary line of said Section 22; thence North 00°17'36" West, along said line westerly boundary, a distance of 32.50 feet to the POINT -OF - BEGINNING. Containing 32.97 acres, more or less. Request: The matter before the Land Planning Agency and the City Council is a request to change the Future Land Use Map (FLUM) for the above described property from Single Family to Multi FamilyResidential Mixed Use. The request i • fiea4l she%mExhibit A at4aeh a Since the property in question is over 10 acres (37-4$32.97 acres), this application qualifies under Florida Statutes 163 as a "Large -Scale Amendment" to the Plan. Mere than likely, the to make a total develepment. Adjacent Future Land Use Map classifications and Zoning • ►. North: FLUM Classification: Single Family Zoning District: RMH Existing Land Use: Vacant and,Mobile Homes East: FLUM Classification: Single Family Zoning District: RSF-1 Existing Land Use: Taylor Creek and Single Family South: FLUM Classification:_. Multi -Family Zoning District: RMF Existing Land Use: Vacant West: FLUM Classification: Commercial and Multi -Family Zoning District: CHu and RSF-1 Existing Land Use: Various Commercial j Application Description: The applicant requests a change in the Future Land Use Map Designation for the subject property from Single Family (SF) to Multi Family (N4F) Residential Mixed Use (RMU). The subject property is currently vacant and unplatted. The subject property is located along Taylor Creek, parallel to US 441. The applicant intends to develop the property to accommodate the proposed project known as the Taylor Creek Fishing Village. This development iperted-te eeter-will be a planned unit development providing a mix of residential housing units (a total of 229 dwelling units) consisting of a mix of residential uses f single family dwellings, town homes, and cottages along with some commercial and marina V, Staff Report Large Scale Comprehensive Plan Amendment Applicant: CBC Management Corp, 06-Cl-002 Pe With the existing density allocation for the ro ertthe applicant can onlydevelo the ro ert at a maximum densit of 4 dwellin units er acre which for the 32.97 acres will be 13 dwellin units and the housing t es would be limited to sin family dwellin .However wit the re uested Amendment of the .Future Land Use Ma to Residential Mixed Use. the aQntjcanr ability to develo theprgperty propertyto suit the proposed Taylor Creek Fishing Villa a increases the maximum density to allow up to a roximately 247 dwelling units 32.97 acres X 7.5 dwellini units /gross acre). The applicant has requested to develop the property with 229 dwelling units. Under the Sin h Family Future Land Use categoa,, the City had already made provisions for 132 dwellingunit for the subject property 32.97 acres X 4 dwellingunits/acre = 132 dwellingunits however this Report will assess the impacts of the maximum densit of 247 welling units whicti can be developed on the site under the Residential Mixed Use Future Land Use categoly. The City Council and Local Planning Agency are required to address certain uses in conjunction with the Comprehensive Plan, which may be categorized as follows: A. Consistency with the Land Use Categories and Plan Policies. - -- ars - 1 _ - 1 I 3 Staff Report Applicant: CBC Management Corp. Large Scale Comprehensive Plan Amendment 06-Ct-002 also net be assessed %ith regafd to this Poky. The applicant's request for a Future Land Use Map Amendment to allow a Residential Mixed Use category is consistent as it pertains to the intent and use of the Residential Mixed Use category being proposed by the City and shown below: Policy ? 1(c) Vired Use Residential Intended to accommodate and provide flexibility for development ofmultrple uses within a residential setting In order /_ r land to he considered for this designation, land requested to be placed in this categog shall be a minimum of 30 acres Development within this category would be allowed to be no more than seven and one hall (7.5) dss•elling units per acre Land developed within this Residential Afired Use Category must adhere to the following innovative design and planning principles I. All new development within the Residential Affixed Use Category shall be required to be zoned as a Planned Development or Planned Unit Development 1. _ Development within this Residential Nfixed Use Cate on; will be required to be cluster in order to maximize open sp(Ice and natural areas. Development within the Residential AI d (4se Cateuory is permitted to he clustered at higher than gross density as long as the gross densiry o1 the�ctrce! i.s not exceeded f<�r the total acreage within the Residential Afixed Use CatMorv. 3. Development within the Residential A4ired Use Cateszory is encouraged to Provide a nift of uses. including a mi.; of residential types recreational amenities civic spaces and convenience and commercial uses intended to serve residents and their euests in order to minimize trips outside the Residential rllixed Use Categon- 4. Development is encouraged to provide creative site designs and chistering is required to provide for greater common open space and mired -use development The planning flexibility provided tltrouz h the planned development process shall encourage and facilitate creative design techniques a. Residential Derelo ment. These areas shall include sin le and/or multi le family home .site acreage and shall include but not be limited to, single fantilt _attached and detached - duplexes and tiro family units • and tomm homes and other multi- amil�• dwelling types h`Non-residenrial Development These areas will include vehicular and pedestrian ways, commercial and institutional areas chub houses and associated facilities utility buildings maintenance areas tennis courts anti associated non- residential uses. C. Residential and Afon-residential Development acreage ma}, account for no more then 60"% of they gross area within the Residential Nfixed Use Category Staff Report Large Scale Comprehensive Plan Amendment Applicant: CBC Management Corp, 06-Cl -002 hatensi /density vtandar s for aJl uses within this rate on are .net forth in the lntensi /Density Table below: Percent A re ate Land Use xflx 1i'ithirt the Mixed U.ce Future Land Use Cate or Laud Uses in Afixed Use Minimum Laximuin Maximurre Land Use %Lantl Densih�/Intensity Fa- d. O e" S aces- These areas will include Preserved natural areas bu ers lakes. arks. 9_021L courses nature trails retention areas, conservation arectyscenrc resources green belts "etlands anti associated ureas and nttcst account or a minimum of 40% o the ro er ' within the Residential Hived Use Cate o►ti•. Gol course ainvays will account Jor no more tlurn /fifty percent SQ/ of the o en s ace o the sub'ect Residential Akre& Use Cate o No develo merit residentiab'cvmmercial• structures are intended, but orrl • recreation oriented buddlings and; or structures c. The owners's•ill enr lot- mana extent strategies in and around an vl course to address the Potential or esticide,'chernicaj rollution n 'the rourtdtvater and surface'�uter recei''in�� drrcas The mcrnagunen�rac•tices trill include• r_ The aw of slow I elca%c Lerlijjzej-, wicl,'or cenefitll nanaged fertih er aM,Vications which are tinned to ensure maximum root u trtke an rrtinintal srnface water runoffor leaching ro the Z roundwater ii. The ractiC'e OL inte rated Pest rnctrtn enrent when seeking to control various ests, .such as weeds insects and nematodes. The qRplication o esticides will involve onl • the ur ose rrl and minimal ap lication o esticides. aimed onl at iderui red tar eted s cries. The re ular a lication Widespread o 'broad s pectrtnn . esticides is not acce table. The mana entent pmeram will minimize to the extent ossible the use of Pesticides and will include the 'Ise of the United States Department of Al riculture Soil Conservation Services Soil Pesticide Interaction Guide to select esticides that have a minimum Potential or leaching or loss to due rung de ending, on the sit,, -specific soil conditions The coordination of the application lication of nesticLdes with the Irrigation radices the timing and u lication rates of irri ati water to reduce rttno and the leaching ot any pesticides and nutrients,- T 1re utilization o •a of coursc mourn crr 11410 is• licensed by the .State to use restricted esticides and who will a orm the required many extent fi4nctions. The Jolfcourse manager will be responsible for ensuring that the of ' c•our. e fertilizers are selected and a lied to nrinimi_e ertilizer runolfillto the sun ace water and the leachin . o those same ertilizers into the roundwater: and The storage miring and loading 9t ertilizer and peyticides will be aesi nerd to preventlininimizi., the 2ollrrtion o the natural environmeru. Staff Report Large Scale Comprehensive Plan Amendment Applicant: CBC Management Corp. 06-Cl -002 f The shorelines of any stonnwater management lakes must be sinuous in configuration and must be sloped or bermed The littoral rones around the ponds must be planted with native wetland herbaceous plants and trees or shrubs can be included within the herbaceous plants At least four species must be planted The minimum required number o plants will be one plant per linear Loot of lake shoreline as measured at the control elevation water level The littoral shelfshould provide a feeding area for water dependent avian species 5_ As individual zonings to PUD are submitted to the Citv them shall include cis a minimum the following information: u. A shoo inQ of the amount of units as a part of the maximum approved for the parent parcel. b. A Traffic Analysis submitted veri f ing that adequate capacity currewdy exists or will exist prior to the issuance of arty Certificates of Occupancy 6. Any lands included or amended into the Residential .1fixed_., Uve Categon trust demonstrate the non-existence o/'urban sprawl by: a. Submitting n jcal impact stud, demonstrating a net fiscal hene it to the Cih b. Directing newgrowth to areas where public facilities exist are planned within the On; or County Five Year Canital Improventents Plait or are committed to rhrou h a Developer Agreement or othenvi.se assured to be funded by the appropriette agency. C. Reauiring all development to be connected to central ivater and seiyer As stated earlier in this Reportthe subject property abuts Taylor Creek and in accordance with Policy 7.2 of the Future Land Use Element the City must "protect enviromnentally sensitive areas from development of a type and intensity which would disrupt their natural functions." Therefore the City and the applicant to adhere to newly created Conservation Element Objective and policies in addition to existing, policies which will ensure the protection of Taylor Creek Conservation Element: Objective 6: To improve the water quality of Taylor Creek by 2010 the On, shall develop a progi am to set limits as to the amount of nitrogen and phosphonts that can be discharged into the Creek. Polies 6.1: By 2012the Cih• adopt land development regulations to help maintain a hiZlt standard for water quality in Taylor Creek by requiring stonnwater treatment systems for nt�y developments adjacent to Taylor Creek to be desigwed using a treatment train approach using Best Manazement Practices in series to ensure maximum potential treatment of stornttrater. Staff Report Applicant: CBC Management Corp. Large Scale Comprehensive Plan Amendment 06-Cl -002 Poft b 2: The City shall cou erate and c irdinate yvith the South Florida Water %11ana emeur District nrocess for num se-s ofsuuestie water civalinP imnrovcntents to the o Crt.ek (Taylor Poll • 6.3: The Cih- shall re-evaluate the transfer of rlevelo meat ri htr to alloys or broader use o this fiinction as an a ective Planning tool. Poll • 6.4. The 04., in order to protert sut ace water guality within in cor orate limits and bevond shall ado �t a numerical standard or nutrients and ollutanls o concern b 2012. Palic • 6.5. The Ci • shall evahtate QpPortunities to im lement Okeechobee Utility> Authority water quality treatment systems within the Taylor Creek area to improve the ualiry of surface water dischar es Poli 6.6: The uali o water to be discharged from new sur ace water mana e-ment s Istems shall be sub'ect to Federal State. Regional and Local perinittinz prozralnv and reprulations that determine com liance yrith Federal State and Local water aunliti, standards. Stormwater dischar es front develo ntent must meet relevant water qyglio, and surface water management standards as .set orth in Rules 62-4 62-40 62-302 40E-4 F.A.0 and by local ordinance. Pelic ' 6.7: The City shall re "ire all nciv developments to meet the provisions of the SFW�1 fD Volume IV Basis of Review or Sur ace Water Management and local provisions u prsuant to this COmnrehp ettsive Plan to Protect surface water quality y, ithin the Cirv. Poll , 6.8: Grants and incentives should be sought or the development o . stu ace water qua u'euuncitt sj s'ren: rc trrJTttrrtc nrojccts for odd unrl.`nr rtcyr r rh_rce> :rrrtc_r rnrrnuge rnent sv..stems that are notectively tnanrrYing water volume or loyv or rentovirt� ntrtrieitts rind other pollutants - - Polio 6.9: The City shall Periodicall , review the Land Development Code to ensure all codes are conducive to the implementation of such water quahij, Best 1Wana enlent Practices_ Polio 6.10. B1, 2012, the City shall culo t a PEOMM which shall require future develo menu to employ the 12—visions of the Florida Yards and NeiQhhor hoods pt ogrant Polio 6.H: The City shall re uire periodir updates of the current bfell teld Protection Ordinance. Future Land Use Element: Oblective 9: The Oil shall continue to ensure that PLOPOsed land use activities in the Taylor Creek area are not inconsistent with the stated goal of the Resource Management Plan for the Lower Kissimmee River and Ta for Creek Drainage Basins re ared ursuant to Chapter 380 Florida Statrites Polio , 9.1: The City' ot Okeechobee Will review the Resource Management Plan for the Loser Kissimmee River and Taylor Creek Drainage Basins and coordinate its activities with those o other local overnnzents addressed in the Resource rlfana ement Plan. toMa 9.2: The Citv shall crdo t a rotection ordinance for the 7a tlor Creek Drainage basin area to elintinctte inconsistent land Use activities while maintainirr consistency with the Resource Itlrrna emettt Plait. Staff Report Large Scale Comprehensive Plan Amendment Applicant: CBC Management Corp. 06-Cl -002 B. As resubmitted, the application and supporting documents are sufficient to support the change from Single Family to Residential Mixed Use for the subject property_ Concurrency of Adequate Public Facilities Before this request can be approved, the City must consider the proposed realistic impact on public facilities. Potable Water Supply: The adopted 1.09 for- petable water- is 114 . The subject property is within the service area of the Okeechobee Utility Authority (OUA) who provides this service to City residents. The adopted LOS for potable water is 114 gpcpd Given that the City has approximately 2 7 persons per household (U.S. Census) this level of service can be construed as 308 gallons per day. The below is the afitie; ta f � . Impacts of this development are demonstrated below: 247 units x 114 gpcpd x 7 pph = 76,027 gpd Existing WTP Capacity = 6.00 MGD Committed and Used Capacity = 2.80 MGD Excess Capacity = 3.20 MGD Currently the net combined average daily demand on the WTP is about 4790 of the system capacity, according the OUA's Executive Director. As shown above Tht; the existing capacity of the surface and ground water supply plants are 6 MGD, with 1-5-2.8 MGD already committed to use. As such, the OUA has an excess of 4-5--3.2 MGD. The OUA would have capacity to serve the proposed development brut r�„o�, uYYa��a� Wastewater Disposal: The adopted LOS for wastewater disposal is 130 gallons/ capita/day. The subject property is within the service area of the Okeechobee Utility Authority (OUA). The estimated wastewater- ;ewate flow impacts for the subject property is shown below 247 units x 130 gpcpd x 2.7 pph = 86,697 gpd Existing WWTP Capacity = 1.00 MGD Committed and Used Capacity = 0.86 MGD Excess Capacity — 0.14 MGD MQD, with between > , th . The OUA has stated that plans are underway to construct an addition to the plant which will permit an additional 3 MGD and construction is expected to be completed by 2009. It should be noted that the City has Eta Staff Report Large Scale Comprehensive Plan Amendment Applicant: CBC Management Corp. o6-C1-002 received several recent Plan Amendments counting on future sewer plant expansion. A have adequate capacity to service the proposed develonment..At this time the plant does Solid Waste Disposal: The City has an.adopted LOS of 13 lbs/capita/day and 3 years available landfill capacity for solid waste disposal. The proposed resid_ ential development would generate approximately 42,350-8T 700 lbs/day of solid waste with an addition lbs/da bein enerated b the commercial develo ment. The applicant wwt hasProvided a '�—confirmation from Okeechobee County determined that the existing landfill will have capacity to serve the proposed development. Drainage/Stormwater Management: The adopted LOS for drainage is Design Storm, 25-year/24 hour duration. The proposed development is required to meet all conditions and standards required by the City of Okeechobee and the Florida Administrative Code. Because of the vulnerability of Taylor Creek, there need 46-has been a more specifc or water quality enhancement in delineation of the Best Management Practices used f stormwater discharges. The applicant will be required to adhere to these newly created Objective and policies Recreation and Open Space: The adopted LOS for recreation and open space is 3 acres/1,000 persons. The proposed development is projected to increase the City's population by approximately 4S(S 667 additional people. The development would need approximately -3-2l5 acres of recreational facilities in order to meet the adopted LOS for parks. T3 4hflt-.c - Tbut fli his would be met with the provision of on -site rY facilities_, Roads and Traffic Circulation: The City's minimum LOS standard for principal arterial roadways is LOS C. All other roads have an LOS D. This LOS must be maintained on the site for all roadways serving the site. In addition, Objective 9 of the Traffic Circulation Element states: Objective 9: The City of Okeechobee shall encourage efforts to curtail future Level of Service Standard deterioration, particularly along US Highway 441 and SR 70. The subject property would be serviced by US 441. The applicant has provided a traffic analysis which showed that traffic would be impacted by the proposed development. It was estimated that the proposed land use would result in an increase of 666 daily trips and 40 PM peak hour trips with 33 more trips in and 7 more trips out. This traffic study is being examined but it does not seem that the traffic analysis has contemplated any of the Commercial, Non -Residential or Marina impacts. 6 Staff Report Large Scale Comprehensive Plan Amendment Applicant: CBC Management Corp. 06-Cl -002 C. Compatibility with Adjacent and Nearby Land Uses. The proposed land use change to Multi -Family -Residential Mixed Use at *R-775 dwelling units art -per oss acre for the entire site is net -would be compatible for this location. TheFe has net been shown The supporting data to -indicates that this level of density is —needed —would be appropriate for this site. W t_lwa _+_+ --r f + development fer- this site equ-Mes te _--.cingle 'Fa"mily density, then perhaps a ftew-�e Land Use wFe pfy should be suggesteEh Given the property's proximity to Taylor Creek, staff is concerned that development might negatively impact this environmentally sensitive area. The Taylor Creek right-of- way per recorded plat should be recognized as non -buildable. It is not elear- who is Future Land Use: Policy 2.3: The City shall continue to require that all development proposals be accompanied by an inventory of wetlands, soils posing severe limitation to construction, unique habitat, City shall further require that the extent to which any development or redevelopment is proposed to be placed in/on, to disturb, or to alter the natural functions of any of these resources, be identified. Such identification shall occur at a phase in the development review process that provides the opportunity for the City to review the proposed project to ensure that direct and irreversible impacts on the identified resources are minimized, or in the extreme, mitigated Where development is determined to encroach upon a resource, the City shall require a specific klanagement Plan to be prepared by the developer, which results in no net loss of wetlands and which includes necessary modifications to the proposed development, specific setback and buffers, and clustering of development away from site resources, to ensure the protection, preservation or natural functions of the resource. The minimum buffer for wetlands shall be 25 feet and the average of all setbacks from the wetland resource shall be 40 feet. Areas designated as buffers shall preserve all natural vegetative cover, except where drainageways and access paths are approved to cross the buffer. Buffers may be supplemented only with native tress, shrubs and ground covers. Policy 7.1: The City shall continue to amend and enforce land development regulations consistent with the Florida Department of Environmental Protection's (FDEP) Best Management Practices referenced in Policy 1.4, which will minimize the flow into Taylor Creek of organic nutrients, pesticides, sediment, and other substances having the potential to degrade water quality. The applicant has done a brief (FLUCC-8) Environmental Site Assessment and water quality_analysis on this property bu -ne--which did suggest a Management Plan has been Suggested to ensure there is not a loss of wetlands. it would seem that there raetild b an t, rl - VZ � seme of these wetlands areas rather- than just vvuareas are t t rl ng +t, these+ t 10 Staff Report Large Scale Comprehensive Plan Amendment Applicant: CBC Management Corp. os-Cl -002 s the e*mnin Fig > b D. Compliance with the Specific Standards of the Plan. The Goals, Objectives and Policies, as they are intended within the Comprehensive Plan, 440 net --would support an Amendment to the Future Land Use Map to #IffI#i- yResidential Mixed Use. b The existing Comprehensive Plan Goals, Objectives, and Policies will support mixed uses at this location. Therefore, it should be recommended that the City Council find the application 00t consistent with the Comprehensive Plan. If mixed ff--Futur-e Land Use e Attachments to this Staff Report include a copy of the Future Land Use Map indicating the location of the subject property_ 11 Staff Report Large Scale Comprehensive Plan Amendment Applicant: CBC Management Corp. 06-C1-002 Assessment and Conclusions Staff recommends denaitl-approval of the applicant's request to amend the Future Land Use Map to Residential Mixed Use based on the above inconsistencies to the City's Comprehensive Plan. Submitted by: James G. LaRue, AICP May 16, 2006 Notes: On May 23rd the LPA recommended approval to Multi -Family. 8-1-06 Recommendation by staff is to create a new FLUC "Residential/Mixed Use". 8-1-06 Council approved change to Residential Mixed Use. 11-15-06 Staff Report Revised during the ORC process to anal3 7e the impacts of the subiect property under the Residential Mixed Use Future Land Use cate oly 12 01- City of Okeechobee General Services Department 55 S.E. 3' Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, eat. 218 Fax: (863) 763-1686 Data_ Petition No. Fee Paid: Jurisdiction: 1st Heazwv tad Hear ag. Publication Dats: Comprehensive Plan Map Amendment Application Please Check One: Small Scale Amendment (Under 10 Acres) Large Scale Amendment (Over 10 Acres) ✓ Name ofproperty owner(s): l=rctn K r -Fee ¢ Owner mailing address: o BaX LI17 0Keecho 6ee FL 3`f7-7.3 Name of applicant(s) if other than owner state relationship): C gC (YI�nQ � Cor rY.. Applicant mailing address: -Fk o �o t W(pro er Name of contact person (state relatio;ns?��ip): Th dM cis e , G1 ose :T �Pj- S;`td2nf, Contact person daytime hone(s): C8Ce 3� y G ? - v 3 j Fax: ?(,3 -633' ✓ Property address / directions to property: Seeci�ed ( qj No Sf reef Qddr eSs - = Parcel Identification Number: - 3 5 - DA n O - D D 0 DODO Gnd T� lam' Cee-k RCP W bz ��xtndovte Size of the Property (in acres)- - c t z t> en onuig Designation: % f Qndf p(jB Current Future Land Use Designation: -e— CA LtS Existing Use of the Property: Y a C q nfi Proposed Future Land Use Designation: Q S Proposed Use of the Property: P� an n �� LXn l+ bev e.� up m e_cj -� t-o vi d ► nq r LK—,-d 'PO r-ms �� t--es+(d.en+-;q( houG)n -town h a M -es, Cof�a es , eft. rn d Ma rincz� noh- r�s Bolen �+tt !Q d Description of Surrounding :Properties: S' o cr f-h ' Va c a r) f E a s� Ta y/o r- ereeK Alo lves /Von Les"o/64 B nk r-esla-ur2hf efc� Legal Description of the Property (Lengthy Description Maybe Attached): 7� 7/0 c Uniform Land Use Application (rev..12/03) Page l of 2 ✓ ' Required Attachments. >� Survey of Property (11" x 14", 20" Scale) tX Application Fee (non-reffundable) >C Letter Outlining Request �_ City Location Map �C Notarized Letter of Owner's Authorization ✓ .;', Confirmation of In%rmationAccuracy . Sett t:.� . � - .... t... _ 2`. 3 _ .. ���''� _ --•a � - 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. Printed Name Date Uniform Land Use Application (rev_ 12/03) Page 2 o 2 ..o% 11vianapment Corp. Request for Comprehensive Plan Amendment Future Land Use Change from Single -Family Residential to Mixed Use Consistency with Comprehensive Plan The following policies of the Comprehensive Plan are relevant to the subject request. The proposed MP has been found to be internally consiste amendment is consistent with these policies. As the CGnt, as required by State statutes, the proposed amendment is thus also consistent with the remainder of the Comprehensive Plan. Future Land Use Element Policy I A — Please refer to the specific sections within this report that present an analysis of the potential demand from the proposed amendment if developed under a worst -case scenario of 7.5 units per acre and a maximum non-residential coverage of 15% with a 0.35 FAR. In summary, all required public facilities will continue to operate at the required levels of service given existing or planned capacities. Policy 2.1.0 (proposed) — The request is consistent with the proposed Mixed Use future land use category and implementing policies. Policy 2.2 — The proposed amendment will not result in the loss of any property rights to adjacent land owners. Policy 7.2 — The proposed amendment will not result in an intensity of use that will disrupt the natural system. The existing site is devoid of native upland habitat. The protection of Taylor Creek will be demonstrated through the local government site specific development application. This policy is not intended to be a restriction on high density or mixed -use development adjacent to Taylor Creek but instead is intended to protect against developments of a type and intensity which would disrupt their natural functions. The proposed request as a mixed use project, by itself, does not endanger the creek. In fact, a clustered development has a better chance of protecting the river than a haphazard single- family development without the means to regulate and control the management of the maintenance of each individual lot. The implementing policies for Mixed Use future Land Use category ensures that the project will be developed in a clustered fashion with enhanced environmental protections. Policy 9.1 through 9.3 — The proposed amendment is consistent with the stated goals of the Resource Management Plan for the Lower Kissimmee River and Taylor Creek Drainage Basins. Given the requirements of the local government and federal and state permitting agencies. the protection of Taylor Creek will be demonstrated through the local government site specific development application. Transportation Element Policy 8.1 and 8.2 — The proposed amendment is consistent with these policies as demonstrated by the traffic analysis presented. The analysis indicates that the surrounding road network can accommo ffidate the incremental demand that would potentially occur if developed under its worst units per acre and a maximum non-residential coverage of 15% with a 0.35 FAR. case scenario of 7.5 Objective 9 - "This objective is not an outright rejection of requests for development approvals or land use changes that may utilize the identified roads. In fact, as an objective, it is implemented via the underlying supporting Y 9 pp g policies. When viewing the underlying policies, the intent of this objective is not to restrict development approvals or land use changes that may utilize these roads but instead to Page 1 its; management uorp. Request for Comprehensive Plan Amendment Future Land Use Change from Single -Family Residential to Mixed Use minimize strip commercial centers and an overabundance of access points or driveways. Local government concurrency requirement will ensure that adequate capacity exists at time of development approval, In addition, the analysis contained within this report demonstrates that the long term capacity of the areas roadways can accommodated the incremental demand that may be generated with this change in future land use. .. Housing Element Policy 1.1 and 1.11 —The proposed amendment further implements these policies by allocating additional residential densities near facilities and services where a full complement of public facilities will be available concurrent with the demand. Conservation Element Policy 2.2 and 3.3 — The proposed land use change does not affect the quality or quantity of groundwater and does not endanger any existing native vegetative communities. Such a determination can only be made upon submittal of a site specific development plan. Regulations of the SFWMD dictate that post development conditions must not affect the quality or quantity of groundwater. The existing site is devoid of native habitats except for the large wetland that will be preserved/mitigated as allowed by the City of Okeechobee Comprehensive Plan. In addition, as a request to the proposed Mixed Use future land use category, the subject site will be bound by additional environmental regulations at time of site plan development as outlined in the City of Okeechobee's proposed Policies 2.1.0 of the Future Land Use Element. Policy 4.4 — The designation of the existing wetland as Conservation pursuant to this policy shall be accomplished through the approval of site specific development plans and required agency permits that require conservation easements over all existing natural systems to remain. At that time, the City may elect to seek an amendment of the land use to Conservation. Recreation Element The City, through various policies clearly seeks to meet a portion of their recreation needs through partnerships with planned developments and on -site recreational facilities. Policy 1.1: "The City shall, by 2002, adopt specific definitions and standards for the designation and protection of open space or recreational lands within proposed development. These standards shall include provisions for improving public access to Taylor Creek." The proposed project through the required 40% open space and required mix of uses in the Mixed Use future land use ensures greater access to Taylor Creek. Policy 1.2 — The change in tuture land use will not reduce the compatibility standards between the proposed use and any existing or proposed recreation areas. Policy 2.1: "As recreational needs arise, the City shall continue to identify properties within its boundaries having the potential to meet these needs, and make reasonable efforts to secure those -- properties for recreational use through financial incentives, direct purchase, or other appropriate means." The City is utilizing "other means" to help meet the future recreational needs of the community. These other means include the 40% open space requirement and required mix of uses. Page 2 Vlsc: Management Corp. Request for Comprehensive Plan Amendment Future Land Use Change from Single -Family Residential to Mixed Use Policy 2.3 (Recreation Element) The City shall continue to provide incentives such as in -lieu -of fees and direct site transfers to encourage the provision of recreation facilities in proposed developments." compliance with State Growth Mana ement Re uirements. Florida's Department of Community Affairs evaluates local plan amendments for consistency with Rule 9-J5, Florida Administrative Code, which sets out criteria for determining whether a proposed plan amendment demonstrates consistency with the mandates of the Local Government Comprehensive Planning and Land Development Regulation Act and the State Comprehensive Plan. The applicant must demonstrate that the proposed plan amendment is consistent with all state requirements. Since the City of Okeechobee Comprehensive Plan has been found to be consistent with ail state requirements, a demonstration of compliance of the proposed amendment with the City of Okeechobee Comprehensive Plan in turn demonstrates compliance with all state requirements. Please refer to the section titled Compliance with City of Okeechobee Comprehensive Plan for the applicant's, demonstration of compliance. In addition, the City has virtually no large tracts of vacant multifamily parcels. The Comprehensive Plan seeks a variety of housing options for current and future residents. This cannot be accomplished if the City does not allow adequate vacant or redevelopable lands to develop a variety of housing choices. Preliminary estimates from an aerial vacant land analysis indicates that the City has only approximately 37 acres of vacant land available for multifamily development. Given the long term planning horizon required by the State and outlined within the City's Comprehensive Plan, this acreage may not be sufficient to accommodate the multifamily share of the future population estimates of the City. The proposed Mixed use future land use designation will be able to accommodate some of the needed deficit of multifamily housing stock that exists in the City. The proposed future land use must also not encourage urban sprawl as outlined in Sections 9J5- 006. (5)(g) through (5)(j) of the Florida Administrative Code. The noted regulations set forth the major components of a methodology to determine the presence of urban sprawl. Paragraph (5)(g) identifies 13 primary indicators of urban sprawl which are to be applied and analyzed as set forth in the rule. Paragraph (5)(h) describes how land use aspects of a plan shall be analyzed. The land use element, including both the future land use map and associated objectives and policies, represents the focal point of the local government's planning effort. Paragraph (5)(i) describes the unique features and characteristics of each jurisdiction which provide the context of the analysis and which are needed to evaluate the extent, amount or frequency of an indicator and the significance of an indicator for a specific jurisdiction. Paragraph (5)0) recognizes that land use plans generally may be significantly affected by other development policies in a plan which may serve to mitigate the presence of urban sprawl indicators based on the land use plan alone. Paragraph (5)0) describes development controls which may be used by a local government to mitigate the presence of sprawl. In general, Section 9J-5.006(5)(D states that provision of innovative planning such as urban villages, new towns, satellite communities, area -based allocations, clustering and open space provisions, mixed - use development and sector planning that allow the conversion of rural and agricultural lands to other uses will be recognized as methods of discouraging urban sprawl and will be determined consistent with the provisions of the state comprehensive plan, regional policy plans, Chapter 163, Part II, F.S., and the Florida Administrative Code regarding discouraging the proliferation of urban sprawl. As such, the proposed future land use amendment to the New Community Development district, which requires the creation of mixed -use development, urban villages, and open space, is thus consistent with the Page 3 cast; managjement Corp. Request for Comprehensive Plan Amendment Future Land Use Change from Single -Family Residential to Mixed Use requirements for discouraging urban sprawl. Nevertheless, a detailed urban sprawl analysis is provided below. Our analysis of consistency is provided within a text block following each indicator. Analysis of primary indicators 9. Promotes, allows or designates for development substantial areas of the jurisdiction to develop as low -intensity, low -density, or single -use development or uses in excess of demonstrated need. The proposed request to Mixed Use will actually increase densities within the City of Okeechobee in close proximity to the urban center while also ensuring a balanced mix of uses and their intended benefits. As previously indicated, the City has a shortage of multifamily units and the land available for the development of such multifamily units. 2. Promotes, allows or designates significant amounts of urban development to occur in rural areas at substantial distances from existing urban areas while leaping over undeveloped lands which are available and suitable for development. The proposed request to Mixed Use will actually increase densities within the City of Okeechobee in close proximity to the urban center. The proposed request is also adjacent to an existing designation of Multifamily Residential on the future land use map. 3. Promotes, allows or designates urban development in radial, strip, isolated or ribbon patterns generally emanating from existing urban developments. The location of the proposed future land use amendment is not in a radial, strip, isolated or ribbon pattern generally emanating from existing urban developments. 4. As a result of premature or poorly planned conversion of rural land to other uses, fails adequately to protect and conserve natural resources, such as wetlands, floodplains, native vegetation, environmentally sensitive areas, natural groundwater aquifer recharge areas, lakes, rivers, shorelines, beaches, bays, estuarine systems, and other significant natural systems. The proposed request to a Mixed Use future land use will not result in the premature or poorly planned conversion of rural land to other uses. Adequate site design techiques will be employed to adequately to protect and conserve natural resources, such as wetlands, floodplains, native vegetation, environmentally sensitive areas, natural groundwater aquifer recharge areas, lakes, rivers, shorelines, beaches, bays, estuarine systems, and other significant natural systems. 5. Fails adequately to protect adjacent agricultural areas and activities, including silviculture, and including active agricultural and silvicultural activities as well as passive agricultural activities and dormant, unique and prime farmlands and soils. The location of the proposed future land use amendmentis within the existing boundaries of City's corporate limits and is removed from any existing agricultural uses. 6. Fails to maximize use of existing public facilities and services. The proposed site will be served by a full complement of existing urban services. 7. Fails to maximize use of future public facilities and services. Page 4 CBC Mana9ement Corp. Request for Comprehensive Plan Amendment Future Land Use Change from Single -Family Residential to Mixed Use A higher utilization of this site will ensure that future publc services are minimized within outlining areas. B. Allows for land use patterns or timing which disproportionately increase the cost in time, money and energy, of providing and maintaining facilities and services, including roads, potable_ water, sanitary sewer, stormwater management, law enforcement, education, health care, fire and emergency response, and general government. The proposed site will be served by a full complement of existing urban services. Because the property has been planned for "next -in -line" development, it will enable public facilities and services to be extended in an orderly manner without disproportionate increases in cost. 8. Fails to provide a clear separation between rural and urban uses. The proposed site is surrounded by other lands within the City of Okeechobee's coporate limits and thereby maintains clear separation between urban and rural uses. 10. Discourages or inhibits infill development or the redevelopment of existing neighborhoods and communities. The proposed request provides for an opportunity to develop multifamily housing that is currently lacking to a large degree within the City. 11. Fails to encourage an attractive and functional mix of uses. The proposed site, being within the City and adjacent to equal or higher intensity lands, will provide for an attractive and functional mix of uses. 12. Results in poor accessibility among linked or related land uses. The proposed project wilt provide for reasonable connections to surrounding development to ensure among linked or related land uses. 13. The proposed change will not result in the loss of significant amounts of functional open space The proposed change will not result in the loss of significant amounts of functional open space. The existing use does not provide functional open space. With the conversion to a Mixed Use future land use and the development of a mixed use project of housing, shops, marina, restaurants, etc., the active and passive recreation by residents of the new community and others. proposed land use will provide significant amounts of functional open space that will be planned for Encroachment of Incompatible development As the City of Okeechobee has developed, US-441 south has developed as an area of mixed commercial and residential uses from hotels, restaurants, and other service businesses to repair shops and retail stores. The residential uses in the area though have remained largely the same stock that has been in place for a number of years. US-441 has also been expanded and a full complement of urban services is available along the corridor. The subject site is bound on the east by Taylor Creek and the west by developed commercial land fronting SR-441 with a Commercial future land use designation. To the north lies an existing single - Page 5 CBC Management corp. Request for Comprehensive Plan Amendment Future Land Use Change from Single -Family Residential to Mixed Use family and mobile home development known as Taylor Creek with a Single Family Residential future land use designation. This development is separatefrom s the soect uth te by S.E. 8th Street vacant Sand wan scan be adequately buffered through internal buffering provisions. Multifamily Residential future land use designation which is under the same ownership as the subject parcel. Given the adjacent existing and future land uses, the proposed request for Mixed Use future land use compatible development but will actually complement the will not result in the encroachment of in existing uses and provide a balance mix of uses in a well planned development. Natural resource rotection holdings Please refer to the enclosed environmfe quest for a future a land use assessment conducted oamendment. Tr the entire property e s to is mostly including the 37.48 acres subject to theq as devoid of native habitat except for largest wetland system. of owe to verChas beendre restricted to,the point he hydrology of the cypress slough on the southwestern cypress canopy will that subsidence of the with il is clearly es evid t. If this condition continues, the eventually be replaced upland Adequate Public Facilities Ana{ysis The following analysis demonstrates that adequate facilities posed futuretor land use. d to The accommodate The analysis the incremental demand that may be generated by proposed determines the net incremental demand from aworst- case development the excess capacity. 'The current ent sting and proposed land use categories. The net demand is the pa demand from the existing future land use is assumed to detedmined by dressed withte'Departmengtrof Commun ty assumptions since such analyses have previously been Affairs to be internally consistent based upon the current future land use maps. Transportation Please refer to the enclosed traffic statement. Schools e middle Currently, the Okeechobee County School District has sdcur currently aequate t capaciacity at ty. The School dBoard rhas school levels; however, the elementary school system programmed additional elementary school capacity through the State's Rural is Pro n FY2007 Funding has been requested through the legislative delegation. Appropriation with construction to commence by 2008. The Okeechobee School District has utilized this funding source for expansion to the school system inthe past. The timing is concurrent with the expected timeframe of proposed tm project. of community Affairs by mid and use amendment is expected to be transmitted to the State Department requirements for public school 2006 with final adoption expected by late-2006. With the State's new concurrency passed during the 2005 legislative session, to to the demand for capa)ject is city as allowed by concurrency requihe proposed prc rements through mitigation proportions approvalon for site lan is not expected to be State statutues. As the local govenmentrapted alicn� mid 2007,the certainty of the funding program for submitted until late-2006, with approvalg Page 6 CBC Management Corp. Request for Comprehensive Plan Amendment Future Land Use Change from Single -Family Residential to Mixed Use the additional capacity will be in place. Site construction would then commence with the first certificate of occupancy in 2008 — the expected timeline for the construction of the new elementary school. Please refer to the enclosed letter of Okeechobee County School Board for confirmation. The closest elementary school, Central Elementary, is located at 610 S.W. Fifth St. The middle school is located at 825 S.W. 28"' St. The high school is located at 2800 N.W. Highway 441 North. Water & Wastewater The water and wastewater service for this project is provided by the Okeechobee Utility Authority. Application for capacity reservation has been submitted to OUA. Existing Conditions The following is an analysis of the water and wastewater flows for the property with its existing future land use designation of Residential Single Family allowing up to four units per acre. Based upon this criterion, the 33 acre parcel would allow for up to 132 single family residential units to be constructed on this site. The balance of the site (approximately 4.5 acres) does not currently contain a development allowance. With each unit individually metered, the estimated water and wastewater flows are as follows: Use Units Rate Gallons per day Single Family 13z 25Q GPD —water 33,000 Residential 250 GPD - sewer Proposed Conditions The following is an analysis of the water and wastewater flows for the property with the proposed future land use designation allowing up to 7.5 units per acre and up to 15% nonresidential converage at 0.35 FAR. The analysis is based upon maximum development scenario of 280 units and 85,700sf of nonresidential use (including a 6,000sf - 200 seat restaurant) over the 37.48 acre site. The estimated water and wastewater flows are as follows: Use Measure Rate Gallons per Multi Family Residential 280 units 250 GPD —water 70,000 250 GPD -sewer Nonresidential — Retail 79,700 0.2 GPD 15,940 Nonresidential — Restaurant 200 40 GPD/seat 8,000 (200 seat) Total -- -- 93,940 Reference: HRS 10D-6 Page 7 t;t3c Management Corp. Request for Comprehensive Plan Amendment Future Land Use Change from Single -Family Residential to Mixed Use Water and Wastewater Treatment Plants Based on information obtained from the Okeechobee Utility Authority, the permitted capacity of the surface water treatment plant is 5.0 mgd with the ground water treatment plant rated at 1.0 mgd. The wastewater treatment plant permitted capacity is currently 1.0 mgd. The Okeechobee Utility Authority is currently in the construction phase of additional filters which will bring the wastewater treatment plant to a temporary capacity of 1.23 mgd. This work should be completed by June 2006. Additionally, the wastewater treatment plant is under a design/permitting phase for an expansion of 3.0 mgd that will bring the total treatment plant capacity to 4.0 mgd and should be operational by June 2008. The average daily flow of the combined water treatment plant finished water production is 1.93 mgd for the period of January 2005 through December 2005. The average daily flow of the wastewater treatment plant is 0.89 mgd for the same time period. The Okeechobee Utility Authority reports an outstanding water treatment plant flow commitment of approximately 0.25 mgd with an outstanding wastewater treatment plant flow commitment of approximately 0.1 mgd. Water Sewer Plant Capacity 6.00 mgd 4.00 mgd Avg. Daily Flow 1.93 mgd 0.89 m d Committed Capacity 0.25 mgd 0.10 mgd Excess Ca act 3.82 mgd 3.01 and Based upon these figures and as stated in the attached service availability letter, the Okeechobee Utility Authority will have on or before June 2008 adequate capacity to serve the proposed demand created by the increased density of the proposed future land use amendment. Police Please refer to the enclosed letter of service availability from the City of Okeechobee Police Department. The nearest police station is 50 S.E. Second Ave. No additional police stations are scheduled. The existing police station should be able to maintain its level of service standard with the proposed amendment given that the project is already allocated for residential development and is within the service area approximately one mile from the site. Fire Please refer to the enclosed letter of service availability from the City of Okeechobee Fire Department. The nearest fire station is located at 55 S.E. Third Ave. No additional fire stations are scheduled. The existing fire station should be able to maintain its level of service standard with the proposed amendment given that the project is already allocated for residential development and is within the service area approximately one mile from the site. Page 8 CBC Management Corp. Request for Comprehensive Plan Amendment Future Land Use Change from Single -Family Residential to Mixed Use Solid Waste The City of Okeechobee's solid waste level of service is 13 pounds per capita per day and a three year availability of landfill capacity. Given the 280 maximum number of potential units with 2.5 person per dwelling, the maximum demand for the project would be approximately 9,100 punds per day. The City of Okeechobee does not operate solid waste landfills. Currently, the landfill is operated by .` Okeechobee County. As such, the City does not incur any capital expenditures. A letter from the solid waste service provider, Waste Management, pertaining to solid waste service was not available. However, confirmation was provided by Joe Fazula, Solid Waste Manager, that 50 years capacity is available. Consequently, the existing landfill has surplus capacity in excess of three years. Stormwater Management Except for the native wetland which occupies about eight acres, the project site has been altered from its original condition and is currently in use as improved pasture The existing stormwater management system consists of a shallow interconnected ditch system with outfall directly to Taylor Creek. Stormwater runoff quantity and quality are strictly regulated by the City and the SFWMD to ensure that pre -development drainage conditions are maintained. The proposed rate of discharge from the site will be less than or equal to the existing discharge rate from the site. The discharges off -site will be minimized by on -site detention within the stormwater management system. The ultimate site discharge will be to Taylor Creek. The Stormwater Management System will employ, wherever practical, a variety of Best Management Practices (BMP). The following are a list of potential BMP that could be integrated into the Water Management System during the final design and permitting stage: • Oil and grease skimmers; • Environmental swales; • Minimize "short-circuiting" of pond flow patterns; • Raised storm inlets in grassed swales; • Utilize stormwater retention where feasible; and • Street cleaning and general site maintenance. The drainage system will be owned, operated and maintained by a public entity or a responsible property owners association acceptable to the City and the SFWMD. Historical on -site wetlands will be maintained as part of the surface water management system. There are no Outstanding Florida Waters, Florida Aquatic Preserves or Florida Class I or it waters occurring within or abutting the project site. Potential adverse impacts to ground and surface waters will be minimized by implementation of appropriate erosion control measures during construction in accordance with the NPDES Generic Permit for Stormwater Discharge from Large and Small Construction Activities. Erosion control measures that may be implemented include stabilization practices such as temporary seeding, permanent seeding, mulching, geotextiles, or sod stabilization; structural practices such as silt fences, earth dikes, diversions, swales, sediment traps, check dams, or storm drain inlet protection; and sediment basins. Page 9 CBC Management Corp. Request for Comprehensive Plan Amendment Future Land Use Change from Single -Family Residential to Mixed Use The project is located entirely in Zone X according to the Okeechobee County FEMA FIRM panel Map Index. According to the Map Index, the applicable FIRM panel is not printed because the entire panel is located in Zone X. Zone X is defined as "Areas of 500-year flood; areas of 100-year flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 100-year flood". Please refer to the FEMA map. There are currently no known flooding or erosion control problems associated with the project site. No 100-year flood prone areas exist on site, therefore no structures, roadways or utilities are proposed within any 100-year flood prone areas. k There are no existing wellfields located within two miles of the project site. Parks and Recreation The project will be designed to provide residents with a variety of recreational facilities and open spaces to ensure the community's quality of life. No land will be removed that was previously used. by residents of the region for any recreational use. No existing recreational trail is designated across the property. Therefore, the project doesn't have the potential for impacting a recreational trail designated pursuant to Chapter 260, F.S. and Chapter 16D-7, F.A.C. The City's adopted level of service standard for recreation and parks is 3.0 acres per 1,000 people. Based on the estimated population of 700 people (37.48 acres x 7.5 upa x 2.5 ppd), the project's minimum acreage requirement for recreation and park space is approxmately 2.1 acres. The project will meet the park and open space mandates through on -site facilites and provision of impact fees. The planned system of parks and open spaces is consistent with the City of Okeechobee Comprehensive Plan. Historical/Archeological Resources There are no known archeological or historical sites within the project boundaries. A request has been sent to the Florida Division of Historic Resources. Given the improvements made to date (improved pasture), the likelihood of the presence of a historic or archeological site regarded as potentially eligible for listing on the National Register of Historic Sites to occur on the parcel is limited. Hurricane Preparedness According to information in the Treasure Coast Transportation Analysis Hurricane Evacuation Study Update 2003, dated November 2003, the property is not located in any storm surge zone. The property is not within the Category 3 Hurricane Evacuation Area. It is estimated that the majority of people will remain in their homes within the project during a hurricane event, due to the project location relative to the Atlantic coastline. However, in the event of a significant hurricane, the County Emergency Operations Center (EOC) may activate evacuation shelters throughout the County as it deems necessary. The evacuation shelters are typically opened in areas within the hurricane's 100-mile path. Many of the public schools in Okeechobee County serve as evacuation shelters. US-441, directly adjacent to the project site, is the closest evacuation route. Additionally, SR-70, approximately 1 mile to the north will assist in evacuation of the area by providing additional evacuation routes_ All traffic control devices will utilize hurricane tested mast arms and street lights further Page 10 CBC Management Corp. Request for Comprehensive Plan Amendment Future hand Use Change from Single -Family Residential to Mixed Use minimizing service interruptions and enhancing safety prior to, during, and after a major hurricane It should also be noted that due to recent changes to the Florida Building Code, specifically, Chapter 16, Structural Design, as well as the construction methods to be used in the project, the residential homes will provide shelter for residents during hurricane events. As a result of the changes in the construction process, residents will have safer and more secure homes, thereby reducing evacuation volumes and shelter space requirements. In addition, underground utilities will be used throughout the development reducing potential service interruptions. Finally, additional mitigation measures for special needs populations will be determined through the local government approval process of the Planned Unit Development. Miscellaneous Data Parcel Control Number Acreage Existing FLU Propose FLU Taylor Creek ROW Abandonment 4.51 None RMF 2-22-27-35-OA00-00031-0000 32.97 RSF RMF Total 37.48 Legal Description Please refer to the attached legal and sketches of the two tracks that comprise this application for future land use amendment. Maximum Allowable Development Existing Future Land Use — Single Family up to four units per acre Proposed Future Land Use — Mixed Use up to 7.5 units per acre and 15% maximum non-residential -with 0.35 FAR and Parcel Control Number Acreage Taylor Creek ROW Abandonment 4.51 2-22-27-35-OA00-00031-0000 32.97 4.51 x 7.5 = 33 units 4.51 x 15% x 0.35 = 10,300sf nonresidential 32.97 x 7.5 = 247 units 32.97 x 15% x 0.35 = 75,400sf nonresidential Total 280 units 85,700sf nonresidential Existing FLU Propose FLU None MU RSF MU Page 11 Traffic Engineering, Transportation Planning TRAFFIC ANALYSIS FOR LAND USE PLAN AWNDMENT TAYLOR CREEK FISBI NG VILLAGE Prepared for: Close Construction 301 NW 4ch Avenue Okeechobee, Florida 34972 Prepared by: Susan E. O'Rourke, P.E., Inc. 229 SE Villas Street Stuart, FL 34994 (772) 781-7918 February 20, 2006 August 10, 7.006 TR05117.0 811 SE Ocean 8cule'Ja'= Stuart, Florida 34994 772.761.7919 772.761.9261 faA SORourke@adelpnia. re Traffic Engineering, Transportation Planning February 20, 2006 Mr. Chris Close 301 NW 4* Avenue Okeechobee, FL 34972 Re: Taylor Creek Fishing Village LUPA Susan E. O'Rourke, P.E., Inc. has completed the analysis of the proposed land use plan amendment from RSF to RMF at 10 units per acre. The land use amendment affects a parcel located east of SR 441 and generally north of 11 m Street in the City of Okeechobee. The steps in the analysis and the ensuing results are presented herein. It has been a pleasure working with you. If you have any questions or comments, please give me a call. Respectfully submitted, Susan E. O,.Rourke, P.E. Registered Civil Engineer - Traffic 811 SE Ocean Bouleva7 Steuart. Fforida 34994 772.781.7918 772.781-9261 Fax SORourke agadefphia. re- TABLE OF CONTENTS INTRODUCTION 1 4 PROJECT DESCRIPTION 1 TRIP GENERATION 3 ROADWAY CONDITIONS 4 PROJECT DISTRIBUTION / ASSIGNMENT/1MPACT 4 STUDY AREA 6. FUTURE TRAFFIC 6 CONCLUSION 6 TABLES TABLE 1: Trip Generation TABLE 2: Project % of Capacity TABLE 3: Link Analysis FIGURES FIGURE 1: Project Location FIGURE 2: Project Traffic Assignment APPENDIX Future Volumes and Comprehensive Plan Data 3 7 S 2 5 INTRODUCTION Susan E. O'Rourke, PE. Inc. was retained to prepare a traffic analysis for the proposed land use amendment of 37.48 acres of land of which 32.97 acres has an existing future land use category of RSF at 4 dwelling units per acre. The balance does not have a future land use category. The proposal is to change the 37.48 acres to nixed use at 7.5 dwelling units per acre and 15% commercial with .35 FAR. The site is located east of 441 and generally north of 12�Street in the City of Okeechobee. The purpose of this report is to determine the impact on the surrounding roadway system associated with the change in land use. The following analytical steps were taken: *summary of the existing land use and proposed land use, +summary of existing lane geometrics, 'summary of maximum allowable service volumes, *assessment of the change in trip generation *determination of study area - •summary of 2011 Long Range traffic volumes •summary of 2011 Long Range traffic volumes with the net change in project traffic added 'summary of levels of service with and without the project traffic added Each of these steps is outlined herein. PROJECT DESCRIPTION The proposed land use amendment involves a parcel of land located north of 12th Street and east of SR 441. Figure 1 shows the project's location. The existing land use designation for the site is allowing up to 4 dwelling units per acre. The proposed future Iand use is that of MU which allows up to 7.5 dwelling units per acre and 15 % commercial with .35 FAR. TRIP GENERATION The trip generation for the land use under the existing and proposed future land use categories is shown in Table 1. For trip generation purposes, single family rates were applied to the existing future land use and mixed use for the proposed future land use. Table 1 shows that the proposed land use change would result in a potential increase in trips of 3905 trips on a daily basis and 354 trips in the PM peak hour with 176 more trips in and 176 trips out. FIGURE f I mago Taylor Creek FW*V VUhW Not b Scala r \ r } 1: Description I Land Use Code i SF/QuantRy I Daily Trip Equation AwagDaily Trips. PM Equation Land Use A vwage Coda SF/Quantity Daily Trip Equation Daily TON PM Equation PM PM PM Internal Extamsl ExtWrW Trips, p w pa.,Nat Tripe %IN %Out In out Trips ' Trips 1 Tripe-lN I Out by % new by trips Not in ,Nat Out Total PM PM PM Intwmal EA mel External Tripe- Paws- Pass Not Trips %IN %out in out Trips Tripe TrIWIN Out new by % by trips Net in Net Out Total 140 67 33 94 46 14 /26 840 46 52 259 281 54 a� �;; 4� n 84 42 1; ROADWAY CONDMONS Tlk study area roadways were defined in terms of adsting lane gem and eusmg ttlffic vohmxs. KAIdMg Lam Gco■Wd ics .` The study area was reviewed to ddamine the anisting number and type oflaces along the roadway. Each roadway is dcscrk ed below. SR 441 is a four- laneq divided, print .W arterial with a north/south allMmef through the City. Natir of SR 70 it becomes a 2 lane arterial. SR 70 is a four large divided roadway that become a set of one-way pairs thorough the downtown area. rROJEGT DiSTRMUrION / ASSIGNMENT The project traffic was distributed by general geographic direction and then assigned to the roadway netwo& Diatribatioa -- The project general geographic traffic disUibu ion was eshmaW as 200/0 north, 30% south, 20% west and 30°/. east. Asagoment -- This general distn'bution led to an amSumeut of trips based on the awapated ultzmate dcstiintions and the roadway paths used to reach those designations The pry past mat is shown in FW- M 2. 4 8 STUDY AREA The study area was defined as the area upon which the project traffic (the net increase in traffic) represented 1% or more of capacity on the roadway link of service. SR 441 was the only roadway where the change in land use would create a significant impact. Table 2 summarizes the project percent impact on the roadway links. FUTURE TRAFFIC Future traffic estimates were developed for those links where the project impact was considered significant as identified in Table 2. The land use plan amendment was analyzed based on the five year growth for the roadways based on Historical growth rates obtained form FDOT count data. In order to estimate 2011 volumes, 2004 AADTs from the FDOT were used. Those counts were increased to 2011 by increasing the volumes using the growth rates. Table 3 summarizes the volumes for the 2011 Total Traffic condition under the existing and future land use designation. The potential trip generation of the proposed future land use was compared to the trips generated by the existing future land use. The increase in trips was then added to the Total Traffic identified in Table 3 to estimate total traffic with the land use change. The links in the study area would show a slight increase in traffic with the proposed land use amendment. However, the future land use designation would not create the need for additional improvements on the network. CONCLUSION The proposed land use will result in an increase in trips of 3,905 daily trips and 354 PM peak hour trips with 178 more trips in and 176 more trips out. On the adjacent link within the study area, there would be a slight increase in traffic associated with the land use plan amendment. However, the roadways contemplated to be in place for long term development will be sufficient to accommodate the increase in traffic. Short term impacts will be addressed at the time the site is brought forward for site plan and concurrency. W rr r Table 2; Percent Assignment Capacity Project % DAILY Project % Roadway Segment (LOS C) Assignment TRIPS Impact SR 70 SR 70 east of 441 34700 5 195 0.56% east of 981700 34700 20 781 2.25% west of SR 710 34700 25 076 2.81 % 441/ SR 15 800' South of CR 718 13800 3 117 0,85% 441/ SR 15 North of Wolff Road 34700 30 1172 3.38% North of SR 70 34700 10 391 1.13% South of SR 70 34700 35 1367 3.94% Source: FDOT 2004 Trafflo Informatfon Addlional Taps=Project Table 3: Link Analysis Years grown 7 Capacity 2011 Change in Project % DAILY Project % ladway Segment (LOS C) 1999 2000 2001 2002 2003 2004 Growth Forecast LUPA Assignment TRIPS Impact 1,70 east of 98/700 34700 17100 17700 17900 18000 16900 17200 1.001 17341 18122 20 781 2.25% west of SR 710 34700 19100 19400 21000 21500 22000 23000 1.038 29833 30809 25 976 2.81% 1/ SR 15 North of Wolff Road 34700 25500 23500 26000 28000 29000 27000 1.011 29249 30421 30 1172 3.38% North of SR 70 34700 22600 24000 22500 27000 23500 25500 1.025 30384 30774 10 391 1.=% South of SR 70 34700 28000 28500 30000 30500 27500 30000 1.014 33042 34409 35 1367 3.94% 1� ■ rir.��r�iurr��ni - +����� mwu ��rrn ■ - r�r��rrr �r�r�nrrrrr����rr.r� Source: FOOT 2004 Traffic Information Daily Trip 100 Existing FLi Proposed FLU Additonai Trips=Project APPENDIX COUNT DATA CIRCULATION MAP CITY OF OKEECHOBE8 EAR Won -- COwRZMSr E PLAN CONDMONS MATRIX: TRAFFIC CMCULATION EL ZMSN'f 9J-5 CITATION CONDITION AT THE TLME OF ADOPTION 1990 CURRENT CONDITIONS 1997-9 ��rrrrrr�r�� �Irrrrrr��i _ . ppyyyy��..G[v II j pp����}��yy t'L'Yi.odc�\! rh.T.ti y�'i%w �INZ:J� �q C,�gyIQ,71r1■�r■r�Iprr�r■■11 Acs.E^t�1U 1 �Q:.*.'Ff1".jQV�.i74���tIM:�"i�. VI1!ii���.fS�uC�.R'i�i'{t37764�-Ai�!�2� �� rrrrrr�r Mr MW- Rmm r©r�rr■ �a ������;�;�i���� ��(�y�•, �AuW wry ��'Y t�IAfdM1� Wl�frrrrrrr�i! ��.•.-.W lrrrrrr�r�� �rr�©r■ �r�l�! '' � �11r■�ar�ir■r��rrr � �rr�r�i•1•�'"�rT'1 9J- .007(2)(b) Projected Traffic CitoeiladOn "ecOW D—ad: Projemed peak dw mde wm pnmted for *A acme six (d) toed sap mu Lovols along US 441 uA SR 70, wvwiv4 the period 19" tbrougb 2000, Table 11.10 describes the egmmua, while Tables 114 and II-7 rm ffv tad peek how ftmc; projeodong ad levels of sarvlce duogk the and of the plambtg period. TMLA 11-10 CLAssi moN of FDOT RoAD SNGMBNT11. Olaecrima CITY n..rw or rear 1 US 411 SR 78 SR 70 2 Urban Asterial Nme 2 SR 70 CSX Raikad 6 Urban Arterial NOW Febtt►m Id, mg Page 11-16 9J.5 ly CrN of OMMOBU EAR Rzmw .— COMPitMMSin PLAN CONDMONS MATRM: TRAFFIC CMCULATION ELEMENT W400712)(b) F.xparudan of Eybdnt F(Bdiitta THE TAME of 3 RWhW R*gd 2 U60 A++alal 41was 4 SR 70 US 91 of 2 Urbm Attwkl 41mes 4 lB%WnbV S � of US 441 4 Urban Arterial None 6 US *411 Bad of4Ism 4 Urban ArWW Nee Sttaeset MOT As "'WA" ed owdiw, ptpaoaloru haw bsm plumed for SR 70 sod US 441, but aomuw*a it out xho&&W until 2010- Hovmyw. two (2) eau in tto City bm boon akud for tss w t *t which UP SR 70 Rasa 7e Avenue Out to 17e Awaw. the othtr b alm8 US 441 aordr Oom NW 13• Strout to NW 346 Stteat The m�joriry of there 4aptowraauO as oum(de often City limits. Myor lhoblsra of DOwbptseot The agar problem of 11-1%mmot bu been the leak of OeldinOl dam Ibr dual Wd Cottaty rusda ue WiCity lh rolled an ttttlfic dam httotmmdm provided by FDOT OR Smm and Fedoni Roach am srd+kt tts Cottaty. AVMV Daily'hmtfic Counts sad Lswl of Service standards ON prwidad Ptoblr► mu local buwmc County Rada. wNle this dam is hoo" it sill posh a ThO Cdry of Okw-hobm mpAm that Tnilfc Aar Stadia bs pmpwW for am dewloptuaua to detsamiu the Impact m taadmays. RQww 4 liras ws oo WANM U avdlable fa rho �.10 dotomtioe what im amtwtt I evd of Savko an art its loud thesis na an dtsre trtaasum aysilabb dbr Wbanda► m Canty roads. far the As a rmnls, this bu provWW same.,. of WOat City. Fan taly this bu mt provmmd asw dsvdopokeL It WW bmvwa paovr Wpmi la d development sWtdards for the City in do Amtsm became no adalwd Led of Sw1 hu beat eablirhad hr Iccd roadways Tbasfcn, u put of the EAR-buW Men Avmmbrmm, dw C ky should caraww ways to provide tmmc camon loci roads Im" wait In conjtmcdm With We sty in meaiq 06 noed. CITY OF OHERCHOBER EAR REPORT -- COMPRBHBNSIVE PLAN CONDITIONS MATRIX: TRAFFIC CIRCULATION ELII aNT 93-$ CTTA?ION CONDITION AT THE TIME OF ADOPTION 1"9 CURRENT CONDITIONS 1997-98 TAM 11-T 2000 PIAK HOUN DEMAND AND LOS OKUMOUCTly Wes wkhoat Sgaau Paaklioar BrggaMd L03nhk Nrsher Ttwflla C es imsvwa►ntnta iatrrowtaerla 1 3,050 B 2 2JW g 3 2,030 F A 4 1,720 B A 3 21410 C . 6 2,970 D sea"- FDOT gJ.IOQT(2)(a) Expesolan Needs Budd on Al Plan adoption, FDOT's 6 You Wtsdk Pmgnm proposed aavenl food impeovaaants for Kate. Exigdq Syatcm owned highways within Cho City which wma as follows, 1. Prelbttinaty design ad w4uux mg for six•laning US 441 Iran CSX Ulmad to Cemetery Road. proposed for 1992.1993 fiscal yea. 2. Design Ittgxovanom for the baasecdon of US 441 and SR 70 were schodWed ibr cmutruction in the 1992.1993 fiscal year. 3, The CSX Railroad crossing at US 441 were schodulod for tuv fecmg in the 1999.1990 fiscal year. Local Read Datc Since dte City of Okoechoba sous not a maaopolian area it had no Merapolian Planning Organization (MPO). Therefore, available Wbanadan on tmMQ volumes, war provided by PDOT and woe llmitedto `daa� the C1ry lin incollogr Florida,w the, Okeechobee lacks a engomi Pmgnm 1913 Highway Mammal was used to predim the fbttue meads. Baartif rAea and Sdaq: At Plan adoption, a few basic WV-vamoan worm needed along estates owned roads as a moms to reduce mdatananee eon and bttp m the appearance and aLsty of rho City,$ rod syx m. Than projocu, ware Wadflod by Cho City Admfn)aaaor, and wan a lblbws: 1. Curbing of A t eR (IS) madiat strip along US 441 lima SW Se, Sweat to SW 2r Street. AdepW Work Progress • t"711"1-2001f2002: The adopted wo* laoS =Provided by FDOT m awN teanaportuiw► lraprovanmm WOWS in District 1 for the five (S) you begioniss is FY 1997M (martini Jul' 1,1997). Each project has key Waftedon as Work hogsort N rbw (WPi No.), R— Hawk From, To, and Tm of Pmjoa am am" in the loll bigot to Wdldco, lSlbrmatiaa vxh a Numbest of WVmvW Loom Mmhw of Added Wo mted in doe lest Mock. in the eanarablock. Nading look we dmm !br each Snider phao: 1) PE (Pntknlnuy Engm*mUVDe9p): 2) ROW (W ght-of Way) Aogtddtiaa); end 3) CST (Coruuoction) or Oratu. These are shorn by flacal yen: A cohum is also provided to show tent can for each major phase. For each project, the block at the riibi do" lltstding for each detailed Phu (sand try Phoe). Each detailed phase is ttumba W Kral wrim out with Final Yes, FuWAke Level, and Funding Source fa a pudoular detailed Phase a shown. Aaceading to FDOT War Plan, design impaaveomnt for the 4•18tb4 of US 441 lbfm the CSX Raihosd md, to the County is being ploposed for a" year 2010. outer bnpmvaomm being proposed is the 4-1aktg of SR 70 hvm r Avenue west to the County which is also achodoled for 2010. DaadlleattloS Sad Sdbq TA.L! 11.0 f►. mime f'f m av Igalllsaaat Tractor loads and baclnhoe /3000 Doge II•3 FllbtnuY l6,19g9 , � rr CITY of OKEWWBEE EAR RBPOR'1' -- COMPREIIBNsm PLAN CONDmoms MATM: TItAMC CIRCULATION ELEME f 9d-5 CITATION CONDITION AT To TIME OF ADOPTION 1990 CURRENT CONDI7TON5 1997-98 2. Modify darafgm of miler Hope on US 441 South to provide left -rum lam where needed. 3. Repkoe dammed lmd-Ping and pw on 1f m (13) madlen snips oa US 441 Semi", mdedgn medians to Preveet dathun dttstuge. 4. Replue gnu Mps with concrete between sidewalk ttd crab on US 441 between NW B* and SW 23,1 SUWA, sad an SR 70 from SE 7* to SE 13* Avornuos, 3. ENmlaate lens divides an SK 70 Rana SE 1* Avamue CO SE I Avamm, mpi'awith Inlaid brick with a cemm 0010nbuumg Palm sea. 6. lnstalt suepaeded spear Welillaeadon signs ova ail Pamtium of US 441 and SR 70 to help motorists better !oats etmsts, 7. Conduct a study of moentwsur dmWABe r1kc0ides of US 441 south mad SR 70 end notify fDOT ofneoded improvements. S. Suipc porticos of US 441 torah to prmvont pv*jq In !font of Are hydkann and ensure that patlted vehicle in kept the proper distance don comas and driveways, 9. Widen SR 70 htmuUS 96 to dto SCE mUmW croating. 10, Fourhtniag US 441 math ham doe railroad crossing to Camaary Red. 11, Widen the lntm oWan of US 441 and SR 70, 12. Repair nilmad crossing on SR 70 wost st B* Avenue. Camarrreaay: Concureacy mquimd tha public Willey aPscity, Pa*ulrriy on rosde, bm eve,isble to save development a of prior to the tiara it occurs. Without sumciant opacity. dsvdopmment ordms could not be issued. Thmelbee, it wss necessary for the City could be tttado outgoing program to manner oftvolume so dun trmuPortaWn lmpm ca mminrly with incratm in demand, Bleyeks: As state funds wore !*Quasi sysiLble for blkaway in►pWvanma on sum roads, the City comidmvd the possibility of it system of bicycle ficilttfm. Such a system wu proposed to reduce trafRc comgatlon end impmv toc"Wiaaul opParturd"s fir City residents' This mode of u angmutlem was becoming more end more pa puiv and represented an WWcn mt sltmutive to the moor vehicle, Fandlmg Sources: Trsdttiorrlly, tremaponsam pognmr had boo tntppWW !r5 taring the urea o f die mupapaim system. Typical user W include motor Mai tau', motor vehicle fal, W rsr ram a bends Wv"d by a pledge or rho Cmq motor ftrel Sot cotfinetions. Thm AMM erteclrai&= paved to be Wuglicka fir correcting atistial deflcimwiss. Tram (mower type) 13"000 City =VoW g Wamp,tok 10.000 IM — SE lm AV*" 137 m NW 7* Avm w betteeoa SR 70 and 2w Stma 14.000 SW 6* Avm w between 21* and 19* Srea 164100 SW 13* Street between 3* and V Avesnm 19im SW O Avetwe between O M4 2r Bt"a 14,000 NW 13* Stmet and NW 10* Avemn 54.400 SW 12* Avmute between SR 70 & 2" Street IBM Saab Psrk Brest mill send "pair RAR 42,400 NE a Sum between 441 and 4* Avow mill 2000 Welcome to okwAoba signs (4) 31M Testing 11000 Stripping Stmets 104000 ouardraii 10,000 The City cartaidmed special essessnmm u, tede"rol°pmma has. emd+ar even haPact fsa to hole with The apiml outleye made on the identified City'treats were for beautlAcaion purposes lachtdft the entry fear'silos. Over do plemmi ig period. the City has erred* eonside"ble impeovauente in the downtown ems which includs curbing end eati9ne 1104M. TAru 9-0 Fra.YAM Af3f PM WORK PRoaRm (FY 07M • FY 2001" mod Ix too in J1.#M fib/E0 39Vd jz LA o t'L V Lidait 1 w w A 0 w v im n w4 W �w �W ew w -w To a zr /ze SNINN" 3 i IL t ox C9 V w L i ZLli p� c ' W CL E8/Z8 3Jbd SNIMRId 3fktrl'l b8£9OEE66Z 9E=I8 989Z/9[/Z8 r / rint Date., February �2006 Florida Depw.1ent of Transportation . T snortahon tatitic O wily ra c Report 2004Annuai Average ;ounty : 91 -- OKEECHOBEE AADT "K30" '+D3Oil +'T" 1t D�ctign I Direction-J. Iwo -Way FaMor Factor Fa r .IT Lyme 002 P Description SR 15/US 441 NORTH OF NW 13TH STREET, OKEECHOBEE 8,700 N 9,000 S 17700 C 10.82 F 61.42 F 10.41 A �003 P SR 70, E OF KISSIMMEE RIVER, E OF HIGHLANDS COUNTY 2,300 E 2,4QO W 4700 C 10.82 F 61.42 F 61.42 F 22.44 A 17.3E A )006 P SR 70, EAST OF NE 64TH AVENUE, EAST OF OKEECHOBEE 4,400 E W 00 C 10.82 F 61.42 F 18.8E A 1007 P SR 70 WEST OF SR 710, EAST OF OKEECHOBEE 1,6000 E N 11,50 1,6000 1,600 W S 23000 3 32Q0 C C 10.82 F 10.82 F b1.42 F 22.94 P )408 P 5R 15/7d0/CTS 98l441, SE OF CR I SB/SE 126TH BLVD 1,600 12,500 N 13,000 S 25500 C 10.82 F 61.42 F 10.55 A 1009 P SR 1S/US 441, NORTH OF SR 70 8,400 E 6,200 W 14600 C 10.82 F 61.42 F 15.00 P )012 P SR 70 WEST OF SR 704/US 98, OKEECHOBEE 2,300 N 2,500 S 4800 C 10.82 F 61.42 F 35.0E A )014 P SR ISIUS 441 N OF CR 15ClNE 304TH ST, FT DRUM 2,900 N 2,900 S 5800 C 10.82 F 61.42 F 27.82 A )016 P SR 15/US 441, SOUTH OF CR 68/NW 160TH STREET 8,900 E 8,300 W 17200 C 10.82 F 61.42 F 11.54 A )019 P SR 70, 700/US 98 EAST OF SR 700/7JS 99, OKEECHOBEE 2,000 N 1,800 S 3900 C 10.82 F 61.42 F 22.17 A )023 P SR 700/US 98, SOUTHEAST OF CR 68/NW 160TH ST 14,500 N 15,500 S 30000 C 10.82 F 61.42 F 8.39 A )103 P SR 15/700, US 98/441 SOUTH OF SR 70 710 SOUTHEAST OF SE 59TH BOULEVARD OKEECHOBEE 3,700 N 3,900 S 7600 C 10.82 F 61.42 F 20.24 P )104 P )105 P SR SR 15, 700/US 98,441 WEST OF TAYLOR CREEK BRIDGE 6,100 E 6,100 W 12200 C 10.82 F F 61.42 F 61.42 F 9.90 A 12.13 P )106 P SR 15/700/US 991441, EAST OF SE 38TH AVENUE 4,200 E E 4,100 1,600 W W 9300 3300 C C 10.82 10.82 F 61.42 F 29.83 A )III P SR 700/US 98 NE OF KISSIMMEE RVR BR & HIGHLANDS CO 1,700 5,500 N 5,900 S 11400 C 10.82 F 61.42 F 16.93 A )112 P SR 700/US 98 NORTH OF SR 70/US 98 OKEECHOBEE 2,800 N 2,800 S 5600 C 10.66 F 52.25 F 12.21 P 3114 P SR 78 NE OF KISSIMMEE RIVER BR, OKEECHOBEE COUNTY N 13,500 S 27000 C 10.82 F 61.42 F 9.34 A 0123 P SR 15/700, US 98/441, N OF WOLFF RD, OKEECHOBEE 13,500 5,900 N 5,700 S 11600 C 10.82 F 61.42 F 16.52 P 0207 P SR 710, S OF CENTER STREET & NE 34TH AVENUE 4,200 N 4,000 S 8200 C 10.82 F 61.42 F 17.88 P 0208 P SR 710, SOUTH OF SE 40TH STREET 7,100 N 7,400 S 14500 S 10.82 F 61.42 F 11.08 P 0211 P SR 15/US 441, 800' S OF CR718/NW 36TH STREET 4,600 N 4,300 S 8900 F 10.82 F 61.42 F 12.8C P 0212 P SR ISIUS441,1000' NORTH OF CR7I&NW 36TH STREET 3,900 E 3,800 W 7700 C 10.82 F 61.42 F 21.5S A 0213 P SR 70, WEST OF CR 70A/SW 48TH AVENUE 2,500 N 2,500 S 5000 C 10.82 F 61.42 F 20.Of A 0214 P SR 700/US 98, 700' NW OF CR 718/NW 36TH STREET 8,900 N 9,800 S 18700 C 10.82 F 61.42 F 9.05 P 0215 P SR 15/700, US 98/441 SOUTH OF WOLFF ROAD 4,400 E 4,100 W 8500 C 10.82 F 61.42 F 8.32 P 0216 P SR I5/700, US 98/441 500' NORTHEAST OF SR 78 1,900 E 2,000 W 3900 C 10.92 F 61.42 F 17.1E P 0217 P SR 15i700/US 98/441, SE OF CR 15A/SE 86TH BLVD 3,200 N 3,400 S 6600 C 10.66 F 52.25 F 16.57 P 0218 P SR 78, 0.3 MI SW OF SR ISnows 98/441 16,000 E 18,000 W 34000 C 10.82 F 61.42 F 18.8E F 5012 P SR 70, EAST OF SR 15/700/US 981441 Site type: T = Telemetered; P = Portable AADT Flags: C = Computed; E = Nbnual Estimate; F = First YearEst; S = Second Year Est; T = Third Year Est; X - Unknown ,,K/D" Flags: A - Actual; F = Volume Fctr Catg; D =Dist/Funetional Class; P = Prior Year; S = Statewide Default; W = One -Way Road SIT" F1nov• A = Ackiml; F - Axle Fctr Crta; D - Dist/Functlonal Class; P- Prim Year; S - Stwe�WideDefault X . Cross-Raferenee Count7:91 - OKEECHOBEE v 3,1 WV v_i i v. ✓7 :.'It, N 2,900 S 3,000 0.11 0.58 22.60 p01 C 5,900 V �, <rut Jut,� �� < oft l .. .(, , v w , s.rut a 1 •.,wv site: 5004 Description: 100 FEET S SR 70 iiirwrian i efirxrinn L ±► _ngr�nr i=��nr i ps��nr icar AAllt v T, 23 v.vv 19 7L. J,v 14 A2.1 7 .ai 7,.11avi •Site• 50o6 Description: 100 FEET N JCT SR 70 AR ilt 1t11YA'rYtn t M arror ■ P APTAr !�>•C iJ�V%5 Z(y7 a• V,J/I L V,V/v it Oil 11.1111 it 1711 V.VV il'%V Site: 5009 Description: OKEECHOBEE N CITY LUVIM `l wAia'i iiirertir)n i iiirnrrinn i ;i FatTor it Factor i wgrnnr car 91 Al IL -----� M ..' aJ[v J,vav 5010 Description: E END BRIDGE 300 FEET E OI{EECHOBEE Si Site: tnfrrrr)n a iwer, rinn L Factor �i 1. ,.cTa.r M'l�t� •r a Cif AAalt (v ivr v v:vv' i17v .4,4:; A Site: 5012 Description: SR 70, EAST OF SR I Y70MIS 981441 l AR ;if IIIRY:rYIn i ill rr.cv nn L w r amor it At•TI1r R �CTf7 r CII, �004 C 34,000 E 16,000 W 18,000 OA l 0.61 18.90 irVVJ �' 3L,V V L 7T,JVV 771 aS,.IVV' L'.lV .5.30 14.I0 2N2 C 32,500 E 16,000 W 16,500 0.10 0.56 i.L'/V. (• '7() lVVl V LJ,VVV L' 7A KlVI L ,T,JVV la/ 7 A K/l/) .• aT,lVV v . i U. v Cv 0.59 .J.i'..V 16.70 �000 C 30,500 E 15,500 W 15,0{.-0 0.1I 14.50 f9co C 26,50 E i3,00^v W 13,SL 0_Ii 0.58 4[1 K/Vt J,_1vv a: 1c IV Vt aJ a.i,vvv .Ai,Svv' y.vV 1 , VV 12.60 1996 C 29,000 L 13,000 W 16,00.0 0.10 0.56 0 0.10 0.57 13-60 1994 C 25,500 E 0 W Icut C 27"., r' : V All, fl IV% .,.V.. 24,606 L 0 lv 0 0.00 0.00 0.00 1991 lY9V V E V W V V.W U.UV V.VV 1999 20,309 E 0 W 0 0.00 0:00 0.00 Jvv 222,910 v Jv v' 1987 21,194 E 0 W 0 0.00 0-00 0.00 7(,V5 72 ,AL. rl i %&I I) ,. v ItLV% . v fl IV) v.vv it fUt v_vv a Jv 1985 i../, a-7v 19,696 E 0 W 0 0.00 0 00 0.00 1 4 V21 v iir „t [l (t11 v.vv v.v'v v:vv .ai i v Site: 5013 Description: 100 FEET W SENINOLE ST - scat .it Ail Ti iiit-n�fi,n i iiinrii7n i i� is r-rnr i"a rat-inr is �rrnr Site: 5014 Description: 100 FEET E SEMINOL E ST �z zCh, ptctiiT iiirrrinn i iiirmiina 2 i� Npr•rnr ii iiprrnr iia mr L� Lug itnrl r.2 L':,' Site: 5015 Description: 300 FEET E FEC RR , tea, riitlir iiireriinn i iiircriw,n [ ;% rwgigr ii Fmrrrtr T _r'ZacTnr i vi vl V v.vv � i i17v a AADT Flags: C = Cc QuiW; E = Mantra! E;:kmitc; F - Firs: Y c:ar Es:; C = a` V....� - M = q j_:�.1 vim_ r^__ V _ 7 1-[ V - V�NlI,- a Mat 0., a aLlu f a.n1 a Ll A - \JiVSiV ..it 1 ranspoimon. o+µU�LL a v...v.. 2004 Historical AADT Report County:91 - OKEECHOBEE S 2,300 1993 C 4,600 N 2,300 S 0 0.00 0.00 12.90 1992 C 4,500 N 0 0 S 0 0.08 0.53 11.00 1991 3,742 4,250 N N 2,IQ3 S 2,1400 1990 4,128 N 0 S 0.00 0.00 22.60 1989 3,722 N 0 S 0 0.09 OS 1 15.10 1988 4,008 N 0 S 0 0.08 OS3 i4.20 1987 3,520 N 0 S 0 0.08 0.55 13.90 1986 3,024 N 0 S 0 0.08 0.51 830 1985 3,142 N 0 S 0 0.00 0.00 0.00 1984 2,513 N 0 S 0 0.00 0.00 0.00 1993 1,743 N 0 S 0 0.00 0.00 0.00 1982 1981 2,335 N 0 S 0 0.00 0.00 0.00 0.00 0.00 1980 I,939 N 0 S S 0 0 0.00 0.00 0.00 0.00 1979 2,717 N 0 N 0 S 0 0.00 0.00 0.00 1978 2,8% N 0 S 0 0.00 0.00 0.00 1977 2,188 2,099 N 0 S 0 0.00 0.00 0.00 1976 1,932 N 0 S 0 0.00 0.00 0.00 1975 1,958 N 0 S 0 0-00 0.00 0.00 1974 1,853 N 0 S 0 0.00 0.00 0.00 197 3 1,975 N 0 S 0 0-00 0.00 0-00 197 1,869 N 0 S 0 0.00 0.00 0.00 1971 1970 2,099 N 0 S 0 0.00 0.00 0.00 0119 Description: SR 70, 700/US 98 WEST OF SR 15/US 441 Site: Year AAUr Direction 1 Dirtedon Z, K Factor D Factor T Factor 1 1989 15,394 0 W 0 0 0.00 0.00 0.00 0.00 0.00 0.00 1999 16,066 E 0 0 W W 0 0.00 0.00 0-00 1987 15,568 E E 0 W 0 0.00 0.0000 0 00 1986 16,013 14,426 E 0 W 0 0.00 1985 1994 7,487 E 0 W 0 0.00 0.00 0.00 0.00 1983 9,877 E 0 W 0 0 0.00 0.00 0.00 0.00 0.00 1982 10,660 E 0 E 0 W W 0 0.00 0.00 0.00 1981 11,449 10,142 E 0 W 0 0.00 0.00 0.00 1980 1979 10,153 E 0 W 0 0.00 U� 0.00 0.00 1979 10,327 E 0 0 W W 0 0 0.00 0.00 _ 0.00 0.00 1977 11,779 E E 0 W 0 0.00 0.00 0.00 1976 10,652 9,555 E 0 W 0 0.00 0.00 0.00 1975 1974 M97 E 0 W 0 0.00 0.00 0.00 1973 7,713 E 0 W 0 0.00 0.00 0.00 0.00 0-00 0.00 1972 8,198 E 0 E 0 W W 0 0 0.00 0.00 0.00 1971 6,996 6,739 E 0 W 0 0.00 0.00 0.00 1970 Site: 0123 Description: SR 15/700, US 98l441, N OF WOLFF RD, OKEECHOBEEa Year AADT Direction 1 Dirtction2 K Factor D Factor T Factor 20p4 C 27,000 N 13,500 S 13,500 0.11 0.61 0.60 8.30 5.90 2003 F 29,000 N 14,500 N 14,000 S S 14,500 14,000 0.10 0.10 0.56 5.90 2002 2001 C 28,000 C 26,000 N 13,000 S 13,000 0.11 0.58 9.40 2000 C 23,500 N 12,000 S 11,500 0.11 0.59 0.59 9.50 7.80 1999 C 25,500 N 12,500 S 13,000 0.11 AADT Flags: C = CwVutod; E - Manual Estimate; F = First Year Est; S = Second Year Est; T = Third Year Est; X = Unknown page t I8D'pviaatat►u s......,.,�••- --- - - 2004 Historical AAD Ti Report County:91 - OKEECHOBEE 0 0.00 0.00 0.00 1978 1,339 1,292 E 0 E 0 W W 0 0.00 0.00 0.00 ,-k977 p6 774 E 0 W 0 0.00 0.00 0.00 1975 949 E 0 W 0 0.00 0.00 0.00 1974 908 E 0 W 0 0.00 0.00 0.00 1973 855 E 0 W 0 0.00 0.00 0.00 1972 729 E 0 W 0 0.00 0.00 0.00 1971 799 E 0 W 0 0.00 0.00 0.00 --1970 794 E 0 W 0 0.00 0.00 0.00 4 Site: 0103 Description: SR 15/700, US 98/441 SOUTH OF SR 70 -q^"- Year AADT Direction 1 Direction 2 K Factor D Factor T Factor 2004 C 30,000 N 14,500 S 15,S00 -11 0.61 8.40 2003 C 27,500 N 13,000 S 14,500 0.10 0.60 0.56 7.90 5.90 2002 C 30,500 N 14,500 S 16,000 0.10 0.11 0.58 7.50 2001 C 30,000 F 29,500 N 14,500 N 13,000 S S 15,500 15,500 0.11 0.59 18.10 2000 1999 C 29,000 N 13,000 S 15,000 0.11 0.59 6.50 1998 C 29,500 N 14,500 S 15,000 0.11 0.59 6.80 1997 C 28,500 N 14,000 S 14,500 011 0.60 6.60 1999 18,194 N 9,711 S 9,483 0.00 0.00 0.00 0.00 1999 20,600 N 10,110 S 10,490 0.00 0.00 0.00 0.00 1987 20,360 21,906 N 9,888 N 10,796 S S 10,472 11,110 0.00 0.00 0.00 0.00 1996 1985 17,338 N 8,676 S 8,662 0.00 0.00 0.00 1994 22,275 N 10,606 S 11,669 0.00 0.00 0.00 1993 20,904 N 10,366 S 10,539 0.00 0.00 0.00 1992 18,772 N 9,786 S 9,986 0.00 0.00 0.00 0.00 0.00 1981 14,858 N 7,457 S S 7,401 7,605 0.00 0.00 0.00 0.00 1990 1979 16,069 15,659 N 8,464 N 7,406 S 8,253 0-00 0.00 0.00 1978 19,115 N 9,322 S 9,793 0.00 0.00 0.00 1977 15,345 N 7,602 S 7,743 0.00 0.00 0-00 1976 14,677 N 7,675 S 7,002 0.00 0.00 0.00 1975 10,171 N 5,289 S 4,882 0.00 0.00 0.00 1974 10,456 N 5,474 S 4,982 0.00 0.00 0.00 1973 11,101 N 5,641 S 5,460 0.00 0.00 0.00 1972 9,999 N 4,934 S 5,065 0.00 0.00 0.00 1971 10,643 N 5,352 S 5,291 0.00 0.00 0.00 1970 10,957 N 5,491 S 5,466 0.00 0.00 0.00 0104 Description: SR 710 SOUTHEAST OF SE 59TH BOULEVARD OKEECH013EE Site: Year AADT Direction 1 Direction 2 K Factor D Factor T Factor 2004 C 7,600 N 3,700 S 3,900 0.11 0.61 20.20 20Q3 C 7,500 S 3,600 N 3,900 0.10 0.60 2020 2002 C 8,100 S 3,800 N 4,300 0.10 0.56 15.10 2001 C 6,600 S 3,300 N 3,300 0.11 0.58 15.90 2000 C 7,200 S 3,600 N 3,600 0.11 0.59 23.00 19" C 6,6W S 3,300 N 3,300 0.11 0.59 20.00 1998 C 6,400 S 3,100 N 3,300 0.11 0.58 22.00 1997 C 6,200 S 3,100 N 3,100 0.11 0.60 1920 1946 C 5,500 S 2,800 N 2,700 0-10 0.56 16.40 1995 C 5,800 S 2,900 N 2,900 0.11 0.54 19.40 1994 C 5,900 S 2,900 N 3,000 0.10 0.57 18.40 1993 C 5,900 S 2,900 N 3,000 0.10 0.55 12.40 1992 C 7,100 S 0 N 0 0.00 0.00 13.10 AADT Flags_ C = Catpu6ed; E -Manual Estimate; F = Fast Year Est; S = Second Year Est; T = Third Year Est; X = Unknown page 9 2004 Historical AADT Report County:91 - OKEECHOBEE 1996 C 4,800 N 2,400 S 2,400 0.10 0.56 11.60 1995 C 3,900 N 0 S 0 0.11 0.54 30.90 1994 C 4,400 N 0 S 0 0.10 0.57 26.50 1993 C 4,400 N 0 S 0 0.00 0.00 0.00 1991 3,951 N 0 S 0 0.00 0.00 0.00 1990 0 N 0 S 0 0.00 0.00 0.00 1989 3,459 N 0 S 0 0.00 0.00 0.00 1998 3,870 N 0 S 0 0.00 0.00 0.00 1987 3,790 N 0 S 0 0.00 0.00 0.00 1986 3,019 N 0 S 0 0.00 0.00 0.00 1985 3,970 N 0 S 0 0.00 0.00 0.00 1994 3,767 N 0 S 0 0.00 0.00 0.00 1983 4,213 N 0 S 0 0.00 0.00 0.00 1992 4,217 N 0 S 0 0.00 0.00 0.00 1981 3,387 N 0 S 0 0.00 0.00 0.00 1980 3,121 N 0 S 0 0.00 0.00 0.00 1979 2,781 N 0 S 0 0.00 0.00 0.00 1978 3,539 N 0 S 0 0.00 0.00 0.00 1977 3,8I2 N 0 S 0 0.00 0.00 0.00 1976 3,305 N 0 S 0 0.00 0.00 0.00 1975 3,752 N 0 S 0 0.00 0.00 0.00 1974 3,171 N 0 S 0 0.00 0.00 0.00 1973 2,859 N 0 S 0 0.00 0.00 0.00 1972 2,863 N 0 S 0 0.00 0.00 0.00 1971 2,986 N 0 S 0 0.00 0.00 0.00 1970 2,274 N 0 S 0 0.00 0.00 0.00 SR 70, 700/US 98 EAST OF SR 700/US 98, OKEECHOBEE Site: 0019 Year Description: AADT Direction 1 Direction 2 K Factor D Factor T Factor 2004 C 17,200 E 8,900 W 8,300 0.11 0.61 1I.50 2003 C 16,900 E 8,700 W 8,200 0.10 0.60 12.00 2002 C 18,000 E 9,300 W 8,700 0.10 0.56 13.00 2001 C 17,900 E 9,400 W 8,500 0.11 0.58 12.50 2000 C 17,700 E 9,300 W 8,400 0.11 0.59 13.00 1999 C 17,100 E 8,900 W 8,200 0.11 0.59 13.70 1998 C 16,600 E 8,600 W 8,000 0.11 0.58 11.90 1997 C 17,300 E 8,900 W 8,400 0.11 0.60 9.50 1996 C 14,100 E 7,200 W 6,900 0.10 0.56 12.60 1995 C 13,700 E 6,700 W 7,000 0.11 0.54 9.00 1994 C 13,700 E 7,100 W 6,600 0.10 0.57 8.40 1993 C 14,300 E 7,400 W 6,900 0.10 0.55 7.60 1992 C 14,500 E 0 W 0 0.00 0.00 720 t991 14,456 E 0 W 0 0.08 0.52 8.40 1990 0 E 0 W 0 0.00 0.00 0.00 1989 13,648 E 0 W 0 0.00 0.00 0.00 1988 15,103 E 0 W 0 0.00 0.00 0.00 1987 13,651 E 0 W 0 0.00 0.00 0.00 1986 11,087 E 0 W 0 0.00 0.00 0.00 1985 12,562 E 0 W W 0 0 0.00 0.00 0.00 0.00 0.00 0.00 1984 1983 4,315 E E 0 0 W 0 0.00 0.00 0.00 1982 .7,237 8,109 E 0 W 0 0.00 0.00 0.00 1981 9,939 E 0 W 0 0.00 0.00 0.00 1980 10,572 E 0 W 0 0.00 0.00 0.00 1979 8,708 E 0 W 0 0.00 0.00 0.00 0.00 0.00 0.00 1978 7,684 E 0 W 0 AADTFlags: C = Computed; E = Manual Estanate; F = Fast Ycar Est; S = Second Year Est; T - Third Yew Est; X = Unknown Page 6 2004 Historical AADT Report County:91 - OKEECHOBEE 1990 0 S 0 N 0 0.00 0.00 0.00 1999 1,518 S 0 N 0 0.00 0.00 0.00 1999 1,925 S 0 N 0 0.00 0.00 0.00 1987 2,017 S 0 N 0 0.00 0.00 0.00 1986 4,963 S 0 N 0 0.00 0.00 0.00 1985 1,888 S 0 N 0 0.00 0.00 0.00 Site: 0009 Description: SR 15/US 441, NORTH OF SR 70 -�- Yar AADT Direction I Direction K Factor D Factor T Factor 2004 C 25,500 N 12,500 5 13,000 0.11 0.61 10.60 2003 C 23,500 N 11,500 S 12,000 0.10 0.60 10.40 2002 C 27,000 N 14,000 S 13,000 0.10 0.56 6.90 2001 C 22,500 N 11,500 S 11,000 0.11 0.58 7.70 2000 C 24,000 N 12,000 S 12,000 0.11 0.59 9.60 1999 C 22,5W N 11,000 S 11,500 0.11 0.59 9.50 1998 C 22,000 N 10,500 S 11,500 0.11 0.58 10.90 1997 C 22,000 N 11,000 S 11,000 0.11 0.60 7.50 19% C 21,500 N 10,500 S 11,000 0.10 0.56 7.00 1995 C 22,5W N 10,500 S 12,000 0.11 0.54 10.00 1994 C 21,500 N 11,000 S 10,500 0.10 0.57 8.50 1993 C 17,9W N 8,700 S 9,200 0.00 0.00 0.00 1991 18,622 N 9,070 S 9,552 0.00 0.00 0.00 1990 0 N 0 S 0 0.00 0.00 0.00 1999 16,043 N 7,800 S 8,243 0.00 0.00 0.00 1988 19,766 N 9,706 S 10,060 0.00 0.00 0.00 1997 18,261 N 9,096 S 9,165 0.00 0.00 0.00 I985 6,833 N 0 S 0 0.00 0.00 0.00 Site: 0010 Description: EAGLE BAY DR S OF SR-70 IN OKEECHOBEE Year AADT Direction I Direction 2 K Factor D Factor T Factor 1997 3,001 E 0 W 0 0.00 0.00 0.00 1986 1,040 E 0 W 0 0.00 0.00 0.00 1985 3,193 E 0 W 0 0.00 0.00 0.00 Site: 0011 Description: AIRPORT ENTRANCE RD E OF SR 700, OKEECHOBEE COUNTY Year AADT Direction I Direction 2 K Factor D Factor T Factor 1987 174 E 0 W 0 0.00 0.00 0.00 1986 641 E 0 W 0 0.00 0.00 0.00 1985 346 E 0 W 0 0.00 0.00 0.00 Site: Year 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 I992 0012 Description: SR 70 WEST OF SR 700/US 98, OKEECHOBEE AADT Direction 1 Direction K Factor D Factor T Factor C 14,600 E 8,400 W b,200 0.11 0.61 15-00 C 11,800 E 6,000 W 5,800 0.10 0.60 15.00 C 10,200 E 4,900 W 5,300 0.10 0.56 13.00 C 12,300 E 6,300 W 6,000 0.11 0.58 12.30 C 12,300 E 6,200 W 6,100 0.11 0.59 10.30 C 9,000 E 4,500 W 4,500 0.11 0.59 14.30 C 8,100 E 4,100 W 4,000 0.11 0.58 14.70 C 8,800 E 4,500 W 4,300 0.11 0.60 10A0 C 10,100 E 5,100 W 5,000 0.10 0.56 11.60 C 9,300 E 4,700 W 4,600 0.11 0.54 10.10 C 8,100 E 4,100 W 4,000 0.10 0.57 10.10 C 7,000 E 3,500 W 3,500 0.10 0S5 9.60 C 10,500 E 0 W 0 0.00 0.00 8.30 AADTFlags: C - Computed; E = Manual Estimate; F - First Year Est; S = Second Year Est T = Third YcarEst X = Unknown Page 4 2004 Historical AKDT Report County:91 - OKEECHOBEE 1971 2,845 E 0 W 0 0.00 0.00 0.00 1970 1,971 E 0 W 0 0.00 0.00 0.00 site: 0007 Description: SR 70 WEST OF SR 710, EAST OF OKEECHOBEE .E--- Year AADT Direction 1 Direction 2 K Factor D Factor T Factor 2004 C 23,000 E 1000 W 11,500 0.11 0.61 18.90 2003 C 22,000 E 11,000 W 11,000 0.10 0.60 1530 2002 C 21,500 E 11,000 W 10,500 0.10 0.56 14.10 2001 C 21,000 E 10,500 W 10,500 0.11 0.58 1520 2000 C 19,400 E 9,900 W 9,500 0.11 0.59 16.70 1999 C 19,100 E 9,200 w 9,900 0.11 0.59 12.40 1998 C 18,700 E 9,300 W 9,400 0.11 0.58 14.50 1997 C 19,600 E 9,600 w 10,000 0.11 0.60 11.00 1996 F 17,000 E 9,500 W 9,500 0.10 0.56 14.40 1995 C 16,800 E 8,400 w 8,400 0.11 0.54 13.40 1994 C 17,500 E 9,600 w 8,900 0.10 0.57 13.60 1993 C 16,900 E 9,400 w 8,500 0.10 0S5 1230 1992 C 17,5W E 0 W 0 0.00 0.00 11.90 1991 16,029 E 0 w 0 0.08 OSO 9.60 1990 0 E 0 w 0 0.00 0.00 0.00 1989 14,658 E 0 w 0 0.00 0.00 0.00 1988 16,231 E 0 W 0 0.00 0.00 0.00 1987 12,915 E 0 w 0 0.00 0.00 0,00 1986 18,518 E 0 w 0 0.00 0.00 0.00 1985 12,971 E 0 w 0 0.00 0.00 0.00 1994 10,022 E 0 w 0 0-00 0.00 0.00 1993 10,801 E 0 w 0 0.00 0.00 0.00 1982 9,795 £ 0 w 0 0.00 0.00 0.00 1991 9,216 E 0 w 0 0.00 0.00 0.00 1980 9,572 E 0 w 0 0.00 0.00 0.00 1979 9,416 E 0 w 0 0.00 0.00 0.00 1978 7,885 E 0 w 0 0.00 0.00 0.00 1977 7,519 E 0 w 0 0.00 0.00 0.00 1976 8,182 E 0 w 0 0.00 0.00 0.00 1975 4,765 E 0 w 0 0.00 0.00 0.00 1974 5,077 E 0 w 0 0.00 0.00 0.00 1973 5,114 E 0 W 0 0.00 0.00 0.00 1972 5,004 E 0 w 0 0.00 0.00 0.00 1971 4,939 E 0 W 0 0.00 0.00 0.00 1970 4,659 E 0 W 0 0.00 0.00 0.00 Site: 0008 Description: SR 15/700/US 98/441, SE OF CR 15B/SE 126TH BLVD Year AADT Direction 1 Direction 2 K Factor D Factor T Factor 2004 C 3,200 N 1,600 S 1,600 0.11 0.61 22.90 2003 C 2,900 S 1,400 N 1,500 0.10 0.60 22.90 2002 C 3,600 S 1,800 N 1,800 0.10 0.56 1630 2001 C 2,050 S 1,200 N 950 0.11 0-58 23.80 2000 F 2,600 S 1,300 N 1,300 0.11 0.59 18.10 1999 C 2,600 S 1,300 N 1,300 0.11 0.59 26.20 1998 C 2,400 S 1,200 N 1,200 0.11 0.58 22.10 1997 C 2,600 S 1,200 N 1,400 0.11 0.60 23.00 1996 C 2,900 S 1,500 N 1,400 0.10 0.56 11.00 1995 C 3,300 S 0 N 0 0.11 0.54 9.10 1994 C 3,300 S 0 N 0 0.10 0.57 8.60 1993 C 2,700 S 0 N 0 0.00 0.00 0.00 1991 2,244 S 0 N 0 0.00 0.00 0.00 AADT Flags: C = Computed; E = Manual Estnnate; F = First Year Est; S - Second Year Est; T = Third Year Est; X = Unknown Page Jerner & Associates, Inc Marine & Environmental Consulting 705 Boston Avenue Ft. Pierce, FL 34950 PHONE: (772) 466-5201 / FAX: (772) 466-5203 E-MAIL youmans@bellsouth.net February 10, 2006 Environmental Site Assessment Property Location: PIN's: 2-22-37-35-OA00-00033-0000, 2-22-37-35-OA00-00031-0000 & 2-21-37-35-OA00-00045-0000, Okeechobee, Okeechobee County, FL Discussion The site consists of three contiguous parcels of land that are located along the western bank of Taylor Creek in the town of Okeechobee. These three parcels total approximately 60 acres. Wetlands were identified, delineated and flagged on the site. In addition, the. site was inspected for flora and fauna that are listed on the state and federal threatened and endangered species list by Mark Youmans of Jerner and Associates, Inc. These site inspections occurred over the course of several separate visits in the summer of 2005. Follow-up surveys by Survco Inc. placed the wetland boundary on a certified land survey. The wetlands were verified by Stephanie Raymond from the South Florida Water Management (SFWMD) on January 22, 2005. On February 8, 2006, Andy Phillips from the Army Corps of Engineers (ACOE) verified the consultant's jurisdiction wetland findings during a joint site visit. Three minor wetland areas were added to the wetland inventory. This information is included on the attached site map (Exhibit B). A FLUCCS map is included as Exhibit C. Conclusion: Although the three additional wetland areas are updated on the attached site map, the certified land survey has not yet been updated to include them. This ,vill take place within the next few weeks as scheduling permits. During the course of the field work ,.Mark Youmans of Jerner and Associates, Inc. also searched for Flora and Fauna that are listed on the state and federal Threatened and endangered species list. No threatened or endangered species have been located on site. This finding was verified by the staff from SFWMD and ACOE. A list of all plant species identified on site is included as Exhibit A. It is of special concern that many of the heavily vegetated/forested areas contain large percentages of invasive/exotic plant species that are displacing the native plants. It is recommended that any mitigation plans proposed for this project include plans to eliminate the invasive/C\otic spccics Oil site. In addition, the hydrolow of the cypress slough on the southwestern side of the site has been restricted to the point that subsidence of the soil is clearly evident. If this condition continues, the cypress canopy, will eventually be replaced with upland species. Please see the attached exhibits (A, B & C) for further information. Mark Youmans Jerner & Associates, Inc. EXHIBIT (AA P LANT SPECIES IDENTIFIED ON SITE r;FrV(IS/SPEI tES CO:N,tiIONNANIE HYDROLOGICffA_TUS Psychotria sulzneri shortleaf wild coffee FAC LPL Syngonittm podophyllum American evergreen UPL Clerodendrum speciosissimum Javanese glorybkber FACW Celtis laevigata sugar -berry; nY hairy beggar -ticks FAC Bidens pilosa Costus pulverulentus s iral inger P g FAC OBL Erianthus strictusnarrow plumegrass UPL Momordica charantia balsampear UPL Sida rhombifolia ban jute CuJ FACW Trema micranthum trema FACW Cirsium sp:UPL Phyllanthus tenellus thistle Ivlascarene Island leafflower Oplismenus setarius woods gas FAC FACW Thelypteris sp. shield fern Caesarweed UPL Urena lobata Sambucus canadensis elderberry FAC FACW Ulmus arnericana American elm UPL Desmodium sp. ticktrefoil cherry ch Surinamerry Surinam UPL Eugenia un�ora roseow a FAC Hibiscus tiliaceussea Ambrosia artemisiifolia annual ragweed 1 UPL Kalanchoe sp. kalancho of d golden p ypo y UPL UPL Phlebodium aureum Parthenocissus gtcinquefolia Virginia creeper vine FAC 6 erbesina virginica white crownbeard UPL Riving humilis rouge lant West Indian chickweed FAC Drymaria cordata sandbar UPL Cenchrus sp. American beautyberry UPL Callicarpa americans Eleusine indica Indian goosegrass UPL FAC Ficus aurea Florida strangler fig UPL Justicia brandegeana shrimp plant UPL Citrus sp. citrus false buttonweed FAC Spernracoce sp. Spermolepis divaricata r oux fruit scaleseed UPL OBLress Taxodium distichun: bald cypress vine Dioscoreo bulbitera air yam FACW Xanthosoma sagittifolium elephant ear Virginia pepperweed UPL Lepidircnl virgrnicrlm mountain ebony UPL Bauhinia rariegata Campsis radicans trumpet creeper vine FAC Digitaria sp. Schinusterebinthifolius crabgrass Brazilian pepper -tree FAC FACW Platanus occidenialis sycamore Canadian horseweed UPL Colryaa canadensis UPI,Tridcrsi�)'o_-zembens � Cp�ibLlllC�IIS tel inch lant In UPL Tradescarrtia zebrina wol f nightshade UPL Solanuin diphylliun name -old UPL Koelrercteria elegans UPL pQlttcrttn maxurttt,n guineagrass live oak UPL Ouercus virginiana Florida tasselflower UPL Enrilia fosbergii paspalutn FACW Paspalum sp. Taylor Creek Water Quality Concerns Main concerns with water quality 1- Existing water quality is low *due to low dissolved oxygen content in the water *non -point sources of pollution *low current velocity 2- Project's impacts to water quality *raise dissolved oxygen levels *contain non -point sources of pollution from the local area *model responsible stewardship for other local marinas Discussion of existing water-qualily issues Taylor Creek currently has poor water quality due mainly to dissolved oxygen levels and from local pollution sources that can not easily be pinpointed (non -point sources of pollution.) Oxygen enters the water through contact with the atmosphere (air) at the surface and from microscopic algae and aquatic plants. The wider the water body in respect to its depth, the greater the dissolved oxygen in the water. If temperatures were the same, a wide shallow bay would have greater dissolved oxygen (D. O.) than a narrow, deep creek. However, cooler water holds the dissolved oxygen (D. O.) better than warm water, and therefore deeper depths that remain cooler in the summer will have a greater capability of holding the dissolved oxygen once it enters the deeper layers of cool water. Now that is a text book answer to the situation, but that is not how it really works in nature. In Florida the summer temperatures cause the deeper waters (over 8' deep) to become stratified with warm water sitting on the top 3-5 feet and cooler water held to a layer just below the warm one. It's called a thermocline. These two layers do not normally mix during the summer (when D. O. issues are a problem) unless there is a drastic storm that causes a current in the normally still waters. Therefore, in the summer, most of the canals along Taylor Creek have very low oxygen content due to hot stagnant upper water not being able to hold what little bit of oxygen there is, and the cooler lower depths are not able to acquire the dissolved oxygen, because it's not able to mix with the upper warm layer. So the canal remains deprived of oxygen throughout the warmer months. At the same time, the rain storms that frequent the state wash in literal tons of fertilizers, herbicides, pesticides, dissolved metals, paint, petroleum products and best of all septic tank effluent, into the canals. These collect and then wash down with the low oxygen content in the water, where they empty into Taylor Creek. These are called non -point sources of pollution. They add up quickly and cause lots of problems. Petroleum cuts off any oxygen from the water's surface, and fertilizers cause algae blooms that use up far more oxygen than they produce. The result is a -- dead zone to all but alligator gar (which can breathe air) and a few catfish. Discussion of the project's imQacts to water quality The Taylor Creek Fishing Village has been carefully thought out for its potential negative and positive impacts to the water quality of Taylor Creek. Innovative thinking has lead to a systematic design which will actually improve the areas water quality. Two canals currently exist on the property. One is a "dead end" canal that is approximately 30' wide, 7' deep and about 600' long. It is stagnant; choked with water lettuce and algae; and dumps directly into Taylor Creek. The second is a DOT drainage easement that takes untreated runoff from an area west of 441 and channels it directly into the creek. The proposed project will fill in the dead end canal and re-route the drainage easement south along the east side of a large historic cypress slough. The wetland area that contains the cypress slough is currently being cut off from surface waters by the drainage canals berms. The project will channel the runoff of the DOT canal into the cypress slough, where it will be re -hydrated and the waters will be filtered naturally by the ecosystem in the sough. A weir at the end of the easement along Taylor Creek will maintain proper water levels which will both maintain the dissolved oxygen - levels in the wetland runoff (high levels due to the natural mixing in the swamp) and chemical impurities will be filtered out and metabolized by the microbes in the swamps submerged soils. The marina is designed to exceed the guidelines of the latest EPA marina standards. It is cut from the uplands, so as to not take up the navigable channel. It's much longer than it is wide, so it will mix easily with the low current of Taylor Creek. And as an innovative twist, it has a wave attenuator that doubles as a scoop to actually draw the current from Taylor Creek into the basin where the upper and lower water layers will mix and oxygenate. Residues will not be allowed to accumulate in the basin either. This leads to greater water quality. The added mixed surface area actually increases the D. O. levels of the creek. The pier and wave attenuator structures will not utilize any CCA treated lumber. The entire structure including the seawalls will be made from concrete. In addition, antifouling paint on boat bottoms (which leads to high copper levels in the water) and live -a -boards) will be explicitly restricted from mooring at the facility. The marina facility will be certified as part of the Clean Marina Program by the DEP and must meet strict environmental guidelines to achieve this. Some of the examples of the criteria are a pump out station for the facilities vessels, strict hazardous waste and petroleum containment for the fueling docks, containment of the surrounding areas storm water discharges, educational displays posted for the public, maintained trash facilities and the design of the marina itself. The project will also utilize the cities municipal sewer system. So the antiquated use of septic systems near water bodies will not be an issue. Also, storm water will be captured and treated in a self contained manmade lake. So non -point discharges of fertilizers will not be a problem. The D. O. levels in the lake will be maintained year-round by a system -- of aerial fountains that spray lake water high into the air and oxygenate it. City of Okeechobee C:iR Okeechobee I.S. #06-U-001 1120 ljoldiofgc, r Uc From: Single-F-mmik To.. MIN 41 016. at ""as NINO& AMES I cl— I —�- 1 01 : -f— City of (RCAlanagemene CorparzWoil From. Single -Family Tor Residential Wined COMPREHENSIVE PLAN LAND USr: llN(-.lF-F4PAl-' mijir-F,amuy -IJBLI,- FACDLME.", EXIIIBIT 5 DECEMBER, 2006 ORDINANCE NO. 966 AN AMENDMENT TO THE CITY OF OKEECHOBEE LAND DEVELOPMENT CODE CREATING THE CITY OF OKEECHOBEE PROPORTIONATE FAIR SHARE TRANSPORTATION ORDINANCE; CREATING ARTICLE V OF CODE BOOK CHAPTER 78 DEVELOPMENT STANDARDS; PROVIDING FOR SHORT TITLE, AUTHORITY AND APPLICABILITY; PROVIDING FOR INTENT AND PURPOSE, PROVIDING FOR DEFINITIONS; PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING FOR GENERAL REQUIREMENTS, APPLICATION PROCESS, AND DETERMINATION OF PROPORTIONATE FAIR SHARE OBLIGATION; PROVIDING FOR TRANSPORTATION FACILITIES AND IMPACT FEE CREDIT, PROVIDING FOR PROPORTIONATE FAIR SHARE AGREEMENTS; PROVIDING FOR APPROPRIATION OF FAIR SHARE REVENUES; PROVIDING FOR CONFLICTS OF LAW, SEVERABILITY, CODIFICATION, SCRIVENER'S ERRORS, INCLUSION AND CODE AND AN EFFECTIVE DATE. WHEREAS, in 2005 the Florida Legislature adopted Senate Bill 360 to require local governments to adopt Proportionate Fair Share Transportation Ordinances; and WHEREAS, City Council is required to adopt a Fair Share Transportation ordinance in order to be in compliance with Florida Statutes Chapter 163.3180; and WHEREAS, the purpose of this ordinance is to address development within the City of Okeechobee that impact a road segment where the road segment has failed to achieve transportation concerns and by having a level of service below that adopted in the City of Okeechobee Comprehensive Plan; and WHEREAS, it is the City's interest to have this ordinance in order for effective growth management. 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 ONE: CITY OF OKEECHOBEE LAND DEVELOPMENT CODE CHAPTER SUBSECTION B. The City of Okeechobee Land Development Code Chapter 78, Article V, Section 201 through 210 is hereby created, as follows: ARTICLE V. PROPORTIONATE FAIR SHARE TRANSPORTATION Section 78-201. Short title, authority, applicability. A. This subchapter shall be known and may be cited as the "City of Okeechobee Proportionate Fair Share Transportation Ordinance." B. The City Council is required to adopt this subchapter in accordance with the provisions of Florida Statutes Chapter 163.3180(16). C. The provisions of this subchapter shall apply to all developments within the City of Okeechobee that impact a road segment where the road segment has failed to achieve transportation concurrency by having a level of service below that adopted in the City of Okeechobee Comprehensive Plan. Page 1 of 7 D. This subchapter shall not apply to multi -use Developments of Regional Impacts (DRIs) or to developments exempted from concurrency or to developments creating minimum impacts. Section 78-202. Intent and purpose. The purpose and intent of this subchapter is to establish a method whereby the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors. Section 78-203. Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Capital Improvements. The outlay of capital dollars for the planning of, engineering for, acquisition of land for, and construction of roads, turn lanes, intersection improvements and signalization, but does not include maintenance. Community Investment Plan LCIP). The outlay of capital dollars for the planning of engineering for, acquisition of land for, and construction of roads, turn lanes. Developer. Any person, corporation partnership, association, trust, estate, business trust, agency, two (2) or more persons having a joint or common interest, governmental entity, or any other entity undertaking the development of land. Fair Share Transportation Facilities Impact Fee or Impact Fee. The fee required to be paid in accordance with the terms of the City of Okeechobee Fair Share Transportation Facilities Impact Fee Ordinance. Land. The earth, water, and air above, below, or on the surface, and includes any improvements or structures customarily regarded as land. Land Development Activity Generating Traffic. The carrying out of any building activity or the making of any material change in the use of any structure or land that attracts or produces vehicular trip(s) over and above that produced by the existing land development activity, and consequently places an additional demand on the major road network system. Level of Service. A qualitative measure that represents the collective factors of speed, travel time, traffic interruption, freedom to maneuver, safety, driving comfort and convenience, and operating costs provided by a highway facility under a particular volume condition. Levels of service vary from A -to F. "Level of service C" shall mean a roadway condition as determined and established by the Florida Department of Transportation's 2002 Quality/Level of Service Handbook. Major Road Network System. All arterial and collector roads within the City, including proposed arterial and collector roads necessitated by new land development activity generating traffic. Noncommencement. The cancellation of construction activity that is proposed to make a material change in a structure or land. Person. An individual, developer, corporation, governmental agency, business trust, estate, trust, partnership, association, two (2) or more persons having a joint or common interest, or any other entity. Section 78-204. Rules of construction. In the construction of this subchapter, the rules set out in this section shall be observed unless such construction is inconsistent with the manifest intent of the City Council. The rules of construction and definitions set out herein shall not be applied to any section of this subchapter which contains any express provisions excluding such construction or where the subject matter or content of such section would be inconsistent with this section. Page 2 of 7 A. Generally. All provisions, terms, phrases, and expressions contained in this subchapter shall be liberally construed in order that the true intent and meaning of the City Council may be fully carried out. Terms used in this subchapter, unless otherwise specifically provided, shall have the meanings prescribed by the Florida Statutes for the same terms. B. Text. In case of any difference of meaning or implication between the text of this subchapter and any figure, the text shall control. C. Delegation of authority. Where there is a provision requiring the head of a department or some other city officer to do some act or to perform some duty, it is to be construed to authorize that person to delegate professional level subordinates to perform the duty, unless the terms of the provision or section specify otherwise. D. Gender. Words of the masculine gender shall be construed to include the feminine and vice versa. E. Day. A calendar day. F. Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. G. Number. A word of the singular number only, may extend and be applied to several persons and things as well as to one (1) person and thing. The use of the plural number shall be deemed to include any single person or thing. H. Shall. may. "Shall" is mandatory; "may" is permissive. L. Tense. Words used in the past tense include the future as well as the past or present. J. Written or in writing. Any representation of words, letters or figures whether by printing or otherwise. K. Year. A calendar year unless a fiscal year is indicated. Section 78-205. General requirements. A. A developer may choose to satisfy the transportation concurrency requirements of the City of Okeechobee by making a proportionate fair share contribution, pursuant to the following requirements. The proposed development is consistent with the Comprehensive Plan and applicable Land Development Regulations; and 2. The City of Okeechobee's five (5) year Community Investment Program (CIP) includes a transportation capital improvement that, upon completion, will accommodate additional traffic generated by the proposed development. B. The City may choose to allow a developer to satisfy transportation concurrency requirements by making a proportionate fair share contribution by contributing to an improvement, that upon completion, will accommodate additional traffic, generated by the proposed development, but is not contained in the five (5) year CIP, where one of the following conditions apply: 1. The City adds the improvement to the five (5) year Cl P no later than the next regular capital improvements update of the Comprehensive Plan, provided that the improvement is financially feasible as defined by Florida Statutes §163.3180(16)(b)(1); or, 2. If the funds in the five (5) year CIP are insufficient to fully fund the Page 3 of 7 construction of the improvement, the City may enter into a proportionate fair share agreement with the developer authorizing construction of that amount of development on which the proportionate fair share amount is calculated if the proportionate fair share amount in such agreement is sufficient to pay for one or more improvements which will, in the opinion of the City Council, significantly benefit the impacted transportation system, provided that improvement(s) is (are) adopted into the five (5) year CIP no later than the next regular capital improvements update of the Comprehensive Plan. C. Any transportation capital improvement proposed to meet the developer's proportionate fair share obligation must meet the design standards of the City of Okeechobee for City -maintained roads and the design standards of the applicable governmental entity for all other roads. Section 78-206. Application process. A. A developer who shall commence any land development activity generating traffic which results in a failure of a road segment to achieve transportation concurrency may apply to the City for a proportionate fair share agreement. B. Prior to submitting an application for a proportionate fair share agreement, a pre - application meeting shall be held to discuss eligibility, application submittal requirements, potential mitigation options and other relevant issues. If the road segment that has failed to achieve transportation concurrency is on the Strategic Intermodal System, the Florida Department of Transportation shall be requested to participate in the pre -application meeting. C. Procedures for review of application for proportionate fair share agreement. 1. The developer shall submit an application to the City Administrator or designee that includes a non-refundable application fee of $5,000.00 and the following: a) Name, address and contact information of the developer; b) A drawing and legal description of the land; c) Phasing schedule; d) Description of the requested fair share mitigation; e) If the requested fairshare mitigation involves a road segment on the Strategic Intermodal System (SIS), evidence of concurrence from the Florida Department of Transportation. f) Traffic study performed by a licensed traffic engineer demonstrating failure of road segment to achieve transportation concurrency. 2. Within twenty (20) days of receipt of the application, the City Administrator or designee shall review the application to determine if the application is complete. If it is determined that the application is not complete, the City Administrator or designee shall send a written statement to the developer delineating the deficiencies. If such deficiencies are not remedied by the developer within thirty (30) days of receipt of the written notification, then the application shall be deemed abandoned. The City Administrator or designee, in his or her sole discretion, may grant an extension to cure such deficiencies, provided the developer has shown good cause for the extension and has taken reasonable steps to effect a cure. 3. Once the City Administrator or designee determines the application is complete, he shall provide written notification of such to the developer and forward the application to the City Attorney who shall, within thirty (30) days, draft a proportionate fair share agreement for consideration by the City Council at a meeting no later than sixty (60) days from the date at which the developer received the notification that the application was complete. 4. No proportionate fair share agreement shall be effective until approved by the City Council. Page 4 of 7 Section 78-207. Determination of proportionate fair share obligation. A. Proportionate fair share mitigation includes without limitation, separately or collectively, private funds, contributions of land and contribution of transportation facilities. B. The methodology used to calculate a developer's proportionate fair share obligation shall be as provided for pursuant to Florida Statutes §163.3180(12), and as represented by the following formula: Where: Development Trips = Those trips from the development that are assigned to roadway segment. SV Increase = Service Volume increase provided by the improvement to roadway segment. Cost =Adjusted cost of the improvement. C. For the purposes of determining proportionate fair share obligations, improvement costs shall be based upon the actual cost of the improvement as obtained from the CIP, the Okeechobee County MPO Transportation Improvement Program, or the Florida Department of Transportation Work Program. Where such information is not available, the improvement cost shall be determined using one of the following methods: 1. An analysis by the City Administrator or designee of costs, adjusted by the Florida Department of Transportation Price Trends Index from the previous year, by cross section type that incorporates date from recent projects; or, 2. The most recent issue of Florida Department of Transportation "Transportation Costs", as adjusted based upon the type of cross section (urban or rural); locally available data from recent projects on acquisition, drainage, and utility costs; and significant changes in the cost of materials due to unforeseeable events. D. If the City has accepted an improvement project proposed by the developer, then the value of the improvement shall be determined using one of the methods provided in this Section. E. If the City has accepted right-of-way dedication for the proportionate fair share payment, credit for the dedication of the non -site related right-of-way shall be valued on the date of the dedication at one hundred and twenty percent (120%) of the most recent assessed value by the Okeechobee County Property Appraiser or, at the mutual agreement of the City and the developer, by fair market value established by an independent appraisal approved by the City and at no expense to the City. The developer shall supply a certificate of title or title search of the land to the City at no expense to the City. If the estimated value of the right-of-way dedication proposed by the developer is less than the City estimated total proportionate fair share obligation for that development, then the developer must also pay the difference. Section 78-208. Transportation facilities impact fee credit. A. Proportionate fair share mitigation shall be applied as a credit against impact fees. Credits will be given for that portion of the impact fees that would have been used to fund the improvements on which the proportionate fair share contribution is calculated. Additionally, if the proportionate fair share contribution is based on only a portion of the development's traffic, the credit will be limited to that portion of the impact fees on which the proportionate fair share contribution is based. B. At the time the proportionate fair share obligation is being determined, the City will also compute the transportation facilities impact fee obligation for the proposed development. If the developer's proportionate fair share obligation is less than the Page 5 of 7 development's anticipated total transportation facilities impact fee, then the developer must pay the difference to the City. Section 78-209. Proportionate fair share agreements. A. Should the developer fail to apply for a building permit within one (1) year of the date of execution of the proportionate fair share agreement, then the agreement shall be considered null and void, and the developer shall be required to reapply in accordance with the provisions of this subchapter. B. Payment of the proportionate fair share contribution is due in full prior to issuance of the final development order or recording of the final plat and shall be nonrefundable. If the payment is submitted more than one (1) year from the date of execution of the agreement, then the proportionate fair share cost shall be recalculated at the time of payment based on the best estimate of the construction cost of the required improvement at the time of payment, pursuant to Determination of Proportionate Fair Share Obligation, and adjusted accordingly. C. Developer improvements authorized under this subchapter involving dedications to the City must be completed upon final acceptance of the improvements on receipt of a warranty bond. The form of the warranty bond shall be approved by the City Attorney. D. Developer improvements authorized under this subchapter not involving dedications to City must be completed upon recording of a final plat or upon issuance of a certificate of occupancy, whichever event first occurs. E. Any requested change to a development project subsequent to a development order will be subject to additional proportionate fair share contributions to the extent the change would generate additional traffic. F. A developer may submit a letter to withdraw from the proportionate fair share agreement at any time prior to the execution of the agreement. The application fee to the City will be nonrefundable. Section 78-210. Appropriation of fair share revenues. A. All proportionate fair share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the CIP, or for use as otherwise established in the terms of the proportionate full share agreement. B. In the event a scheduled transportation facility improvement is removed from the CIP, then the revenues collected for its construction shall be applied toward the construction of another improvement within the same corridor that would mitigate the impacts of development, as determined by the City Council. SECTION TWO: CONFLICTS. Whenever the requirements or provisions of this amending ordinance are in conflict with the requirements or provisions of any other lawfully adopted ordinance or statute, the most restrictive requirements shall apply. SECTION THREE: SEVERABILITY. If any part, section, subsection, or other portion of this Ordinance or any application thereof to any person or circumstance is declared void, unconstitutional or invalid for any reasons, such part, section, subsection, or other portion or the prescribed application thereof, shall be severable, and the remaining provisions of this Ordinance, and all applications thereof not having been declared void, unconstitutional or invalid, shall remain in full force and effect. The City declares that no invalid or prescribed provision or application was an inducement to the enactment of this Ordinance, and that it would have enacted this Ordinance regardless of the invalid or prescribed provision or application. Page 6 of 7 SECTION FOUR: CODIFICATION, INCLUSION IN CODE AND SCRIVENER'S ERRORS. It is the intention of the City Council for the City of Okeechobee that the provisions of this ordinance shall become and be made a part of the Okeechobee City Code; and that sections of this ordinance may be renumbered or relettered and that the word "ordinance" may be changed to "section," "article, or such other appropriate word or phrase in order to accomplish such intention; and regardless of whether such inclusion in the code is accomplished, sections of this ordinance may be renumbered or re -lettered and typographical errors which do not affect the intent may be authorized by the City Administrator, or the City Administrator's designee, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION FIVE: EFFECTIVE DATE. The effective date of this ordinance shall be thirty (30) days from its adoption date. SECTION SIX: REVIEW BY LOCAL PLANNING AGENCY. The proposed ordinance amending the City of Okeechobee Land Development Regulations was reviewed by the City of Okeechobee Planinng Board as the City's Local Planning Agency on December 19, 2006 as a duly advertised public meeting. A recommendation of approval and consistency with the Comprehensive Plan was rendered by the Board. INTRODUCED for first reading and set for final public hearing this 51h day of December, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED and ADOPTED on second and final public hearing this 2"d day of January, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 7 of 7 ExnIBIT 6 DECEMBER S, 2006 ORDINANCE NO. 967 AN ORDINANCE OF THE CITY OF OKEECHOBEE IN AND FOR THE CITY OF OKEECHOBEE, FLORIDA, AMENDING CHAPTER 38 OF THE CITY OF OKEECHOBEE CODE OF ORDINANCES BY PROVIDING DEFINITIONS RELATING TO SEXUAL OFFENDERS; ESTABLISHING RESIDENCE RESTRICTIONS FOR CERTAIN SEXUAL OFFENDERS FROM SCHOOLS, CHILD CARE FACILITIES, OR PUBLIC PARKS AND PROVIDING FOR EXCEPTIONS; PROHIBITING MULTIPLE SEXUAL OFFENDERS FROM RESIDING TOGETHER IN THE SAME DWELLING UNIT OR WITHIN THE SAME MULTI -FAMILY RESIDENTIAL USE; PROHIBITING THE ESTABLISHMENT OF A REHABILITATION FACILITY, HALF -WAY HOUSE, CAMP, RETREAT OR OTHER SIMILAR LODGING FOR SEXUAL OFFENDERS OR NON -SEXUAL OFFENDERS UNLESS PERMITTED BY ZONING DISTRICTS OR AS A SPECIAL EXCEPTION WITHIN THE HEAVY COMMERCIAL, OR INDUSTRIAL ZONING CLASSIFICATIONS; PROHIBITING THE LEASING OF REAL PROPERTY TO SEXUAL OFFENDERS IN VIOLATION OF CHAPTER 38 OF THE CITY OF OKEECHOBEE CODE OF ORDINANCES; REQUIRING PROSPECTIVE LANDLORDS TO CHECK SEXUAL OFFENDER REGISTRY; LIMITING ACCESS OF SEXUAL OFFENDERS TO PUBLIC PARKS AND CHILD CARE FACILITIES; PROVIDE FOR A SPECIAL EXCEPTION FOR A REHABILITATION FACILITY, HALF -WAY HOUSE, CAMP, RETREAT OR OTHER SIMILAR LODGING FOR SEXUAL OFFENDERS AND NON -SEXUAL OFFENDERS; PROVIDING TO ADD A SPECIAL EXCEPTION FOR BOARDING HOUSES AND ROOMING HOUSES; PROVIDING FOR PENALTIES, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee is authorized, pursuant to Chapter 161, Florida Statutes, to adopt ordinances to protect the health, welfare and safety of its citizens; and WHEREAS, the City of Okeechobee concurs with and adopts the findings of Section 775.21(3)(a), Florida Statutes which found that "Repeat sexual offenders, sexual offenders who use physical violence and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses. Most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant"; and WHEREAS, National Crime Victimization Surveys from the Bureau of Statistics estimates that only 32 percent of sexual assaults against persons 12 or older are reported to law enforcement. Another three year study of 4,008 adult women found that 84 percent of respondents who identified themselves as rape victims did not report the crime to authorities; and WHEREAS, various studies support the hypothesis that recidivism rates for sexual offenders are actually much higher than officially reported due in part to varying definitions of recidivism based upon either arrest or conviction criteria. Research information generated through polygraph examinations on a sample of imprisoned sex offenders with fewer than two known victims (on average), found that these offenders actually had an average of 110 victims and 318 offenses; and WHEREAS, the intent of this Ordinance is to serve the City's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the City, particularly children, by prohibiting certain sexual offenders from establishing temporary or permanent residence in certain areas where children are known to regularly congregate, to prohibit renting or leasing real property to certain sexual offenders if such property is located where children are known to regularly congregate, limiting certain sexual offenders' access to public parks and child care facilities and to prevent multiple sexual offenders from living together except in association with an organized course of treatment and within non- residential zoning districts following review and imposition of appropriate conditions and safeguards; and Page 1 of 6 WHEREAS, the City Council has determined that it is in the best interests of the general public to amend provisions of the City of Okeechobee Code of Ordinances. 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 ONE: That Chapter 38 of the City of Okeechobee Code of Ordinances shall be amended to add the following section Article III to read as follows: Article 111111. Sec. 38-42. Definitions. The following terms and phrases when used in this Article shall have the meanings ascribed to them in this section unless the context otherwise requires: (1) "Child" or "children" means any person(s) less than sixteen (16) years of age. (2) "Child care facility" means day nurseries, child care centers and family day care homes licensed by the State of Florida Department of Children and Families. (3) "Convicted" or "conviction" means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. A "conviction for a similar offense" includes, but is not limited to: a conviction by a federal or military tribunal, including courts-martial conducted by the Armed Forces of the United States, and includes a conviction or entry of a plea of guilty or nolo contendere resulting in a sanction in any state of the United States or other jurisdiction. A "sanction" includes, but is not limited to, a fine, probation, community control, parole, conditional release, controlled release, or incarceration in a state prison, federal prison, private correctional facility, or local detention facility. (4) "Legal guardian" or "guardian" shall mean biological or adoptive parent of a child registered at a child care facility or a person who is responsible for the care and maintenance of said child by written consent of the biological or adoptive parent or pursuant to Florida Statutes or similar laws of another jurisdiction. (5) "Public Park" means a park open to the general public but excludes City offices. (6) "Permanent residence" means a place where a person abides, lodges, or resides for five (5) or more consecutive days. (7) "Reside" or "residence" means to have a place of permanent residence or temporary residence. (8) "Residence restricted sexual offender" means a person designated as a sexual offender as defined by section 38-42(10) herein who has committed a sexual offense as defined by section 38-42(11) herein, or a sexual predator as defined by Section 775.21, Florida Statutes. (9) "School" means a public or private kindergarten, elementary, middle or secondary (high) school together with any school recreational facilities whether or not contiguous to school buildings. (10) "Sexual offender" shall have the meaning ascribed to such term in Section 943.0435, Florida Statutes. Page 2 of 6 (11) "Sexual offense" means a conviction under Sections 800.04 (lewd and lascivious acts on/in presence of persons under age 16), 827.071 (sexual performance by a child), 847.0145 (selling or buying of minors for portrayal in sexually explicit conduct) or 794.011 (sexual battery) excluding Section 794.011(10), Florida Statutes, regardless of whether adjudication has been withheld, or a similar law of another jurisdiction, in which the victim of the offense was less than sixteen (16) years of age. (12) "Temporary residence" means a place where the person abides, lodges, or resides for a period of five (5) or more days in the aggregate during any calendar year. Section 38-43. Residence Prohibitions for Residence Restricted Sexual Offenders; Penalties. (1) It is unlawful for any person who is designated as a residence restricted sexual offender to reside within 2,500 feet of any school, child care facility, or public park. (2) The 2,500 foot distance shall be measured in a straight line from the outer boundary of the real property that comprises a sexual offender's residence to the nearest boundary line of the real property that comprises a school, child care facility, or public park. The distance may not be measured by a pedestrian route or automobile route, but instead as the shortest straight line distance between the two points. (3) It is unlawful for any residence restricted sexual offender to reside in the same dwelling unit or within separate dwelling units on a single lot, or within the same duplex or multi- family multiple dwelling use with another sexual offender unless related by marriage or consanguinity or unless permitted within an institution, rehabilitation facility or half -way house. (4) Institution, Rehabilitation Facility or Half -way House. The provisions of Section 38-43 (1)(2)(3) and Section 38-44 shall not apply to inmates residing within the Okeechobee County Jail or a governmentally controlled correction or penal facility. A rehabilitation facility, half -way house, camp, retreat or other similar lodging offered as a condition of, or in association with, an organized course of treatment of sexual offenders may be permitted as a permitted principal use within a zoning district designated for that purpose or as a special exception within a Heavy Commercial or Industrial zoning district. The provisions of Section 38-43(1)(2)(3) and Section 38-44 shall not apply to residents of such a lawfully permitted rehabilitation facility, half -way house, camp or retreat. (5) Penalties. A person who violates Section 38-43(1)(2)(3) herein shall be punished by a fine not to exceed $500.00 or imprisonment in the County jail for not more than 60 days or by both such fine and imprisonment. Section 38-44. Exceptions. (1) A residence restricted sexual offender residing within 2,500 feet of any school, day care center, or public park does not commit a violation of this section if any of the following apply: (a) The residence restricted sexual offender established a residence and registered said residence pursuant to Sections 775.21, 943.0435 or 944.607, Florida Statutes, prior to the effective date of this Article. The residence restricted sexual offender shall not be deemed to have established a residence or registered said residence for purposes of this section, if the residence is an illegal multi -family apartment unit, an illegal multifamily use, or incident to a non-residential use or operation within a neighborhood zoned for single family residential use or if the residence is an illegal dwelling in any zoning district. (b) The residence restricted sexual offender was a minor when he or she committed the sexual offense and was not convicted as an adult. (c) The school, day care center, or public park was opened after the residence restricted sexual offender established the residence. Page 3 of 6 (d) The residence restricted sexual offender is residing in a hospital, nursing home, assisted living facility or similar institutional arrangement due a medical, mental or physical condition or disability provided the residence restricted sexual offender is not at liberty to make unsupervised trips from the facility while in residence. For the purposes of this section, the term "condition or disability" shall not be construed to be a sexual condition or dysfunction which contributed to, or resulted in, commission of a sexual offense. Facilities offering defined courses of treatment or therapy for sexual offenders shall be considered a rehabilitation facility and not an institution for which an exemption is provided under this section. (2) The exceptions afforded herein shall not apply to a residence restricted sexual offender who is convicted of a subsequent sexual offense as an adult after residing at a registered residence within 2,500 feet of a school, child care facility, or public park. Section 38-45. Property Owners or Lessors Prohibited from Renting Real Property to Certain Residence Restricted Sexual Offenders; Penalties. (1) It is unlawful to let or rent any place, structure, or part thereof, modular home, mobile home, recreational vehicle, trailer or other conveyance, with knowledge that it will be used as a permanent or temporary residence by any person prohibited from establishing such permanent or temporary residence pursuant to this Article of the Code, if such place, structure, or part thereof, modular home, mobile home, recreational vehicle, trailer or other conveyance, is located within 2,500 feet of a school, child care facility, or public park. Knowingly renting to a residence restricted sexual offender shall include, but shall not be limited to, renting or leasing a residence after being notified that the prospective renter, lessee or adult resident is a residence restricted sexual offender as defined in this Article. (2) Prior to letting, renting or leasing any place, structure, or part thereof, modular home, mobile home, recreational vehicle, trailer or other conveyance for use as a permanent or temporary residence that is located within 2,500 feet of a school, child care facility, or public park, and annually thereafter if a rental agreement is entered into, the owner or lessor shall at a minimum conduct an internet search (for the state of Florida [www.fdle.state.fl.usl or National Sex Offender Registry Lwww.nsor.oral as the website addresses may change from time to time) that the prospective renter, lessee or adult resident is not a registered sexual offender as a result of a conviction of a sexual offense. The owner or lessor shall retain evidence of the completion of the state or nationwide search for a period of not less than one year from the effective date of the letting, renting or leasing. (3) Penalties. (a) A person who violates Section 38-45(1) herein shall be punished by a fine not to exceed $250.00 or imprisonment in the County jail for not more than 30 days, or both such fine and imprisonment. A person who is convicted of a second or subsequent violation herein shall be punished by a fine not to exceed $500.00 or imprisonment in the County jail for not more than 60 days, or by both such fine and imprisonment. (b) A person who violates Section 38-45(2) herein shall be punished by a civil penalty of $100.00 by civil citation as provided in Chapter 162, Part II, Florida Statutes. Each day of violation or noncompliance shall constitute a separate offense. Section. 38-46. Residence Restricted Sexual Offender Access to Public Parks and Child Care Facilities Restricted; Penalties. (1) It is unlawful for a person designated as a residence restricted sexual offender to knowingly be present in a public park, when a child under the age of sixteen (16) years is present, unless the residence restricted sexual offender is the parent or legal guardian of a child present in the public park. This Section shall not be construed to prevent the safe and expeditious embarkation, debarkation or the launching and removal of a boat from a boat ramp or dock located within the City. Page 4 of 6 (2) Signage at the entrance of public parks shall include notification that a person designated as a residence restricted sexual offender, shall not be present in a public park when a child under the age of sixteen (16) years is present, unless the sexual offender is the parent or legal guardian of a child present in the public park. (3) It is unlawful for a residence restricted sexual offender to knowingly enter or remain in a child care facility ("facility") or on its premises unless the residence restricted sexual offender: (a) is dropping off or picking up a child registered at the facility and is the parent or legal guardian of said child; and (b) remains under the supervision of a facility supervisor or his or her designee while on the facility premises. (4) Penalties. A person who violates Section 38-46 herein shall be punished by a fine not to exceed $250.00 or imprisonment in the County jail for not more than 30 days, or by both such fine and imprisonment. A person who is convicted of a second or subsequent violation of Section 38-46(1) or (3) herein shall be punished by a fine not to exceed $500.00 or imprisonment in the County jail for not more than 60 days, or by both such fine and imprisonment. (5) Exemption. The provisions of this Section 38-46 shall not apply in such cases where a polling place designated by the Okeechobee County Supervisor of Elections is located within a Public Park or Child Care Facility from one hour prior to the opening of such polling place and until one hour following the closing of such polling place. Neither this section nor this Article shall be construed to prevent or inhibit the right of suffrage. Section. 38-47. Application to existing contracts. The provisions of this Article shall not be applied to persons lawfully residing at a prohibited location on or before December 1, 2006 such that it is not the intent of this Article to impair valid, existing, and bona fide contract rights; provided, however, that the provisions of this Article shall apply upon expiration or termination of any leasehold arising from a landlord - tenant relationship or the expiration of a lease. When a person who is a subject of this Article changes residences or commences a new or renewed lease term, this Article shall fully apply to such persons. Section. 38-48. Transition rule. That for a period of thirty (30) days from the effective date of this Article, any sexual offenders residing in the incorporated area of City of Okeechobee in a group rehabilitation or half -way house environment existing as of December 1, 2006 may relocate to another group rehabilitation or half -way house environment likewise existing as of December 1, 2006 provided the receiving facility is located within a less restrictive zoning classification as defined in this Code. No relocation permitted under this transition rule shall render any nonconforming or illegal use existing as of the effective date of this Article conforming or legal. Section. 38-49. Amending Zoning Regulations. (1) In order to effect the amendments to the zoning categories and special exceptions of Chapter 90 Land Development Regulations, such amendments must be presented to the Planning Board for the City of Okeechobee. (2) Pending the scheduling of the Planning Board hearings, there exists no zoning classification or special exceptions within the City of Okeechobee that would permit lodging by sexual offenders in rehabilitation facilities, half -way house, camp or retreat, rooming house or boarding house. Page 5 of 6 INTRODUCED for first reading and set for final public hearing this 5ch day of December, 2006. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 2nd day of January 2, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 6 of 6 Stepping Up the Pace to Save ACCELER8 Everglades Restoration Alvin B. Jackson,, Jr. Business Outreach Okeechobee City Council December 5, 2006 A� �a r R 1 t/ C-43 West Reservoir/STA Reservoir EAA Reservoir WATER PRESERVE AREAS: Phase I/Bolles and Cross Canals 1 Acme Basin B ETA Site 1 00 Impoundment , � EAA STA s.n- s c Expansion S'"'°"' Impoundment I 3AJ38 Picayune Strand A .°� � Seepage Management (S.mh—see-a-EA ..) Restoration C_g Impoundment s CBiscayne N %Everglade ional ark Bay Coastal Wetlands Phase I WE C•111 Spreader Canal S 0 is 30 - Miles Acceler8 CONSTRUCTION PROGRAM C=44 Reservooir/STAs F R �.:..;...A% 4 � m m 0 t 5t. Lucie County Y Martin County a i C-44 Prgject Site ----` ,b Lace. Okeechobeet �`-♦ Palm Beach County G--- eneral In ■ Total estimated construction costs: $1.8 billion ■ Construction Bidding period: Now through December 2008 ■ Final construction completion date: December 2010 e :erIadesr owwv. r Available Through ■ Sanitary ■ Food Vendors ■ Carpenters ■ Cement Masons & Concrete Finishers ■ Construction Laborers ■ Pipelayers ■ Plumbers, Pipefitters, Steamfitters ■ Structural Iron and Steelworkers :ev:ergg:1ad:esnow.or!Q ractors ■ Mobile Heavy Equipment Mechanics ■ Electrical Power Line Installers & Repairers ■ Welders, cutters, Solderers and Brazers ■ Truck Drivers, Heavy and Tractor Trailer ■ Truck Drivers, Light or Delivery Services ■ Crane and Tower Operators ■ Excavating and Loading Machine & Dragline Operators FeroBeechCoolly- General Contractors McNeal Contracting Inc. 832 Northwest 13th Street Belle Glade Florida 33430-0000 (561) 996-6684 %Oloom Mud Enterprise Inc. PO Box 1764 Belle Glade Florida 33430-0000 (561) 261-1206 MltMWNWIMUIt PERVIS LEE BENJAMIN amosparm 205 SW 3RD AVE South Bay Florida 33493-0000 (561) 914-0553 Rio -Bak Corporation ■ w �itllt 207715 Trailer Park Lot 190 Belle Glade Florida 33430- (561) 261-3381 Rio -Bak Corporation P.O. Box 17814 West Palm Beach Florida 33416- (800) 368-9302 MOe Irsir W RJS Construction Group Inc. NOR gailift 17109 81st Lane North Loxahatchee Florida 33470-0000 (561) 795-4712 ROBERT DAVIS maninimm 819 BACOM POINT ROAD Pahokee Florida 33476-0000 (561) 924-7514 Southeastern Excavating PO Box 1372 Loxahatchee Florida 33470-0000 (561) 662-4048 111HlAloft Civil earthwork, concrete & structures T $ S CONSTRUCTION INC r1111111ft>flt 1417 NW AVENUE L STE 5 Belle Glade Florida 33430-0000 (561) 996-2308 Pat BM Cmty- Excavating Contractors Allen Trucking Inc. PO Box 642 South Bay Florida 33493-0000 (561) 261-1887 on" Allen trucking provides earth excavation services, such as removal and transportation of fill, muck and rocks. ARTEM Inc. 1897 BACOM POINT ROAD Pahokee Florida 33476-0000 (561) 984-2049 Nlil■li Ina'itll! Baldwin Development 617 SW 12th St. Belle Glade 1MI I'lift t Florida 33430- (561) 723-8546 Bergeron Land Development 411 8th St. West Palm Beach NMII �101 MII! Florida 33401- (561) 818-0524 Bergeron Land Development 319 Clematis St. West Palm Beach Florida 33401- (561) 655-8232 Chris Dixons LoadedBackhoe 3419 BACOM POINT ROAD Pahokee how- 11 Florida 33476-0000 (561) 261-1126 Colby Const. Ent. Inc. 617 SW 12th St. Belle Glade NOMI I - P Excavating contractor, road construction, sand and gravel. Florida 33430- CSR Heavy Construction, Inc. 33 SE 1st Ave. Delray Beach N*Wb firt Excavating contractor, paving contractor, site development and underground Florida 33444- utility contractor. (561) 602-9835 • C-43 Test Cells (Hendry County region) — 33 local businesses — $3,000,000 in expenditures to date (29.3%) — 55 new jobs • C-44 Test Cells (Martin/St. Lucie County region) — 42 local businesses — $4,800,000 in expenditures to date (53.5%) — 20 new jobs • Compartment B -- STA-2, Cell 4 — 19 local businesses — $700,000 in expenditures to date (21.6%) — 19 new jobs ... • ...+. v, c . .,c+ra.� 3.a. rcr yx+uG7 U— Name: Paxvwcra: .. ACCELERS Home 1 it i Ovarwaw ACCELERB EVERGLADES NOW! QM ACCELERB Is a major Doost for Everglede3 restoration, winch WEBSITE reaff—s the corn Arnenit of the federawmate/kca1 partnership Maps to revitalize trio ecosystem oy stepping up trio pace on e�y^ht Search restoration projear, d i Visit Us.. at 2-01 Certterpan West Drwe, in West palm Beach, IfOrthea$ o Paim Beam Sternationai Airport. Phone. ; %1> Map & Directions ..................................................................... _. www.everaladesnow.org 242-552(l. " Ma .. ............... . ♦weler$ r ,. WORKING GROUP DOCUMENTS: Accelere Anniversary Calendar Detailed Accomplishments and Update Presentation - for i -1 r1• hw v i ' Nov. 15 Woking Group. ................. ................... 1 OPEN MOUSE: an C-44 Reservoir/STA In Stuart on December 7, Mom 4-7 O.m. ,. WRAC Public Meeting and Open House: EAA Reservoir, Phase 1 - In West Palm Beach On November 21 ,. Doing Business with SFWMD: Current & Pending OIICI[a $WfK - COitraalnig OppNtunlCi■S with LM SFWMC, � - ■ ■ fol'Accelertl and other projects. •,�� 1. "Doing Business with ,. Comment on AocelerB - Let Us know what you trunk of the overall InibeDve. This Web Survey is not time iimited. SFWMD OCTOBER 19 - LA BELLE SYMPOSIUM PRESENTATIONS: 'f; e'curcnvvihciC:v..!uJ�s ,. Overview of Accelere Projects - (9. 19 MB PPij U-e tvvriu. i.ry a•e, :'pry e ACVeWfS Capital Projects - 119.54 MB PP'J he R <el .'uin bean ,:,,= r `i), ,. labs Training & Business Development - (LS2 MB PPt? crrqu-_ , egis.-t,if "e earth ,. Doing Business With SFWMD - 12011 kb PPTI --ote.,nr.•v. ........................................................................................... UPDATES& PRESENTATIONS: SFWMD Governing Board - Nov. 9 Update i 316 kb pp-j . ,. SFWMD Governing Board - Ua. 12 Update 1B40 kD ppTj ,. WRAC Presentation - Oct. 6 Update 1876 kb PPTI SFWMD Governing Board - Sept..4 Update 1374 kD PP? 1 MW:'+;rI e.dww. W,,,7 .d 112:i 2k4 J p.rll aher, FfGT.V"'.I •:r:'r; I:I <I .kmAVIS E a 11, E C 0 0 Acce l e r8 Overview Project Description ACCELER8 is a major boost for Everglades restoration. The expedited course of action reaffirms the commitment of the federal/state/local partnership to revitalize the ecosystem by stepping up the pace on eight restoration projects. By accelerating the funding, design and construction of these projects, the Everglades will experience positive benefits much sooner ... and in a more cost-effective manner. As opposed to the "pay as you go" approach, taxpayer dollars needed for construction will be significantly leveraged. The South Florida Water Management District will finance project construction with "Certificates of Participation" revenue bonding. Financing and fast - tracking these projects NOW helps avoid the inevitable increases in construction materials and labor costs. Most of the land for these projects has already been acquired, with much of it purchased in partnership with the federal government. Acceler8 strengthens the state and federal partnership to restore the Everglades. ■ C-43 (Caloosahatchee River) West Reservoir ■ Everglades Agricultural Area Reservoir A-1 with Bolles Canal Improvements ■ Everglades Agricultural Area Stormwater Treatment Area Expansion ■ Picayune Strand (Southern Golden Gate Estates) Restoration ■ C-44 (St. Lucie Canal) Reservoir / Stormwater Treatment Area ■ Water Preserve Areas • Acme Basin B Discharge • Site 1 Impoundment • C-11 Impoundment • WCA-3A/3B Seepage Management • C-9Impoundment ■ Biscayne Bay Coastal Wetlands - Phase 1 ■ C-111 Spreader Canal i j ACCELERR I . �...0 ,� � ever�ladesnow.or� 0 AI, C-43 West (Caloosahatchee River) Reservoir. IV "i— ilk�klffi EAA Reservoir A-15°��� with Bolles Canal Boa d, r_ EAA STA Expansion s ¢ k � � , F Picayune Strand (Southern Golden Gate Estates) Restoration N W E S 0 15 30 Miles c D STA-5 Flowway 3 Sectiorr C-44 (St. Lucie Canal) Reservoir/STA F— °WATER PRESERVE ` 1 AREAS: Acme Basin B Discharge STA-2` ° Cello G �� Site 1 F Q.� Impoundment C-11 Impoundment WCA-3A/3B Seepage Management 'A t c A` a C-9 -vImpoundment Y Everglades .. r Biscayne National Bay Coastal Park 1 Wetlands — Phase Benefits Building these projects on an accelerated pace is a major economic undertaking that is expected to generate a large demand for goods and services. Special efforts are being made to ensure that a wide variety of vendors and contractors will be utilized, and partnerships are under way with local workforce development organizations to help prepare and train area workers with needed job skills. In addition to the environmental improvements, these projects will also provide additional flood control and water supply options, along with the potential for recreational opportunities. Acceler8 Benefits ■ Achieves restoration goals faster Project components in ground 11 years ahead of schedule Provides approximately 50% of needed surface water storage components I Earlier improvements in water deliveries to estuaries w Earlier improvements to Lake Okeechobee habitat Earlier improvements in water quality Earlier improvements in water flow and timing / hydropatterns ■ Fiscal responsibility / cost efficiencies / economic stimulus ■ Provides greater flood control and water supply management flexibility ■ Earlier opportunities for public access and recreation on state and federal lands Proiect Timeline TIMELINE TO COMPL 0 EN04/18/06 EXHIBIT 7 DECEMBER 5, 2006 MEMORANDUM OF UNDERSTANDING ON THE IMPLEMENTATION OF A UNIFORM TRANSPORTATION CONCURRENCY MANAGEMENT SYSTEM AND PROPORTIONATE FAIR -SHARE PROGRAM FOR OKEECHOBEE COUNTY THIS AGREEMENT is made and entered into this day of by and between the CENTRAL FLORIDA REGIONAL PLANNING COUNCIL, FLORIDA DEPARTMENT OF TRANSPORTATION, OKEECHOBEE COUNTY and the CITY OF OKEECHOBEE. WHEREAS, Section 163.3180, Florida Statutes, requires each local government to adopt by ordinance a methodology for assessing transportation proportionate fair -share mitigation options, and the deadline for enacting such ordinance is December 1, 2006; and WHEREAS, the Central Florida Regional Planning Council (CFRPC) develops and maintains a Strategic Regional Policy Plan that addresses transportation resources within the subject region; and WHEREAS, the CFRPC provides assistance to local governments to meet comprehensive planning requirements; and WHEREAS, the Florida Department of Transportation (FDOT) designates and maintains a Strategic Intermodal System (SIS) to meet statewide and regional travel needs; and WHEREAS, any mitigation for development impacts to facilities on the Strategic Intermodal System requires the concurrence of the FDOT; and WHEREAS, travel patterns and the traffic impacts associated with new development cross jurisdictional boundaries; and WHEREAS, the parties agree that a coordinated approach is needed to address transportation concurrency and is required for the successful implementation of a Transportation Proportionate Fair -Share Program; and WHEREAS, the successful application of a proportionate fair -share mitigation methodology requires consistent level of service standards and transportation data such as highway service volumes and cost estimates. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the PARTIES agree to.- 1 Central Florida Regional Planning Council 1. Assist in coordination and review of any Transportation Proportionate Fair -Share Applications including coordination with FDOT; and 2. Provide optional fee -based services, if requested, for technical assistance to local governments in the following areas: a. Update of the Transportation Elements of Local Government Comprehensive Plans. b. Adoption and application of Transportation Level -of - Service (LOS) Standards to meet transportation concurrency requirements. C. Review of traffic studies for proposed development projects. d. Identification of anticipated traffic volumes from approved residential and non-residential projects. Local Governments 1. Adopt and maintain Level -of -Service Standards for the Major Road Network. 2. Provide information on the anticipated traffic impacts associated with approved residential and non-residential projects. 3. If the project traffic for a proposed development will impact or create a deficient roadway segment or intersection that is maintained by another jurisdiction, then the permitting jurisdiction will coordinate with the maintaining jurisdiction regarding the need or applicability for proportionate fair -share mitigation of project traffic. 4. Provide all funds collected through proportionate fair -share mitigation to the maintaining jurisdiction for the subject transportation facility. This funding will be provided in a timely manner that is consistent with the funding requirements for the subject transportation improvements. 5. Coordinate with, and seek the concurrence of, the Florida Department of Transportation on any mitigation to state facilities. 2 Florida Department of Transportation 1. Provide information and technical assistance regarding travel conditions on SIS facilities and any related improvements proposed as part of Transportation Proportionate Fair -Share Mitigation. 2. In cooperation with local governments, establish a procedure for obtaining FDOT concurrence on the mitigation of traffic impacts to SIS facilities. In WITNESS WHEREOF, the PARTIES herein have executed this Agreement by their duly authorized officials as of the day and year above written. Signed, Sealed and Delivered in the presence of: BOARD OF COUNTY COMMISSIONERS OF OKEECHOBEE COUNTY, FLORIDA BY: ATTEST: CHAIRMAN COUNTY CLERK CENTRAL FLORIDA REGIONAL PLANNING COUNCIL 3kv ATTEST: CHAIRMAN CITY OF OKEECHOBEE ATTEST: MAYOR CITY CLERK FLORIDA DEPARTMENT OF TRANSPORTATION BY: DISTRICT SECRETARY ATTORNEY ATTEST: EXECUTIVE SECRETARY LEGAL REVIEW: DISTRICT GENERAL COUNSEL 3 The 2006 Florida Statutes Title XI Chapter 163 COUNTY ORGANIZATION AND INTERGOVERNMEN View Entire INTERGOVERNMENTAL RELATIONS TAL PROGRAMS Chapter 163.3180 Concurrency.-- (16) It is the intent of the Legislature to provide a method by which the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors. The methodology used to calculate proportionate fair - share mitigation under this section shall be as provided for in subsection (12). (a) By December 1, 2006, each local government shall adopt by ordinance a methodology for assessing proportionate fair -share mitigation options. By December 1, 2005, the Department of Transportation shall develop a model transportation concurrency management ordinance with methodologies for assessing proportionate - fair -share mitigation options. (b)1. In its transportation concurrency management system, a local government shall, by December 1, 2006, include methodologies that will be applied to calculate proportionate fair -share mitigation. A developer may choose to satisfy all transportation concurrency requirements by contributing or paying proportionate fair -share mitigation if transportation facilities or facility segments identified as mitigation for traffic impacts are specifically identified for funding in the 5-year schedule of capital improvements in the capital improvements element of the local plan or the long-term concurrency management system or if such contributions or payments to such facilities or segments are reflected in the 5-year schedule of capital improvements in the next regularly scheduled update of the capital improvements element. Updates to the 5-year capital improvements element which reflect proportionate fair -share contributions may not be found not in compliance based on ss. 163.3164(32) and 163.3177(3) if additional contributions, payments or funding sources are reasonably anticipated during a period not to exceed 10 years to fully mitigate impacts on the transportation facilities. 2. Proportionate fair -share mitigation shall be applied as a credit against impact fees to the extent that all or a portion of the proportionate fair -share mitigation is used to address the same capital infrastructure improvements contemplated by the local government's impact fee ordinance. (c) Proportionate fair -share mitigation includes, without limitation, separately or collectively, private funds, contributions of land, and construction and contribution of facilities and may include public funds as determined by the local government. The fair market value of the proportionate fair -share mitigation shall not differ based on the form of mitigation. A local government may not require a development to pay more than its proportionate fair -share contribution regardless of the method of mitigation. (d) Nothing in this subsection shall require a local government to approve a development that is not otherwise qualified for approval pursuant to the applicable local comprehensive plan and land development regulations. (e) Mitigation for development impacts to facilities on the Strategic Intermodal System made pursuant to this subsection requires the concurrence of the Department of Transportation. (f) In the event the funds in an adopted 5-year capital improvements element are insufficient to fully fund construction of a transportation Improvement required by the local government's concurrency management system, a local government and a developer may still enter into a binding proportionate -share agreement authorizing the developer to construct that amount of development on which the proportionate share is calculated if the proportionate -share amount in such agreement is sufficient to pay for one or more improvements which will, in the opinion of the governmental entity or entities maintaining the transportation facilities, significantly benefit the impacted transportation system. The improvement or improvements funded by the proportionate - share component must be adopted into the 5-year capital improvements schedule of the comprehensive plan at the next annual capital improvements element update. (g) Except as provided in subparagraph (b)1., nothing in this section shall prohibit the Department of Community Affairs from finding other portions of the capital improvements element amendments not in compliance as provided in this chapter. (h) The provisions of this subsection do not apply to a multiuse development of regional impact satisfying the requirements of subsection (12). History.--s. 8, ch. 93-206; s. 12, ch. 95-341; s. 3, ch. 96-416; s. 1, ch. 97-253; s. 5, ch. 98-176; s. 4, ch. 99-378; s. 2, ch. 2002-13; s. 6, ch. 2002-296; s. 5, ch. 2005-290; s. 11, ch. 2005-291; s. 18, ch. 2006-1; s. 3, ch. 2006-220; s. 3, ch. 2006-252. ExHIBIT 8 DECEMBER 5, 2006 CERTIFICATE OF ELECTION City of Okeechobee City Council Election 11 /07/06 Total Registered City Voters 2,753 Total Voted 1,312 Percent Turnout 44.7% CITY COUNCIL Vote for No More than Three Lowry Markham received 670 votes Eric L. Myers received 320 votes Francis "Jim" Vensel received 481 votes Dowling R Watford Jr received 645 votes Clayton Williams received 742 votes Gy/en Chandl pervisor of E s Okeechobee County, Florida November 17, 2006 Date ExnIBIT 9 DECEMBER 5, 2006 RESOLUTION NO. 06-11 WHEREAS, the City Council of Okeechobee, Florida has received the canvassed returns of the City General Election held November 7, 2006; and WHEREAS, Clayton Williams, Lowry Markham and Dowing R. Watford Jr. received the highest number of votes for City Council Member and Lane Gamiotea was unopposed for election as City Clerk. 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: That, Clayton Williams, Lowry Markham and Dowing R. Watford Jr. be, and they are hereby declared elected as City Council Members and that Lane Gamiotea be, and is hereby declared elected as City Clerk, and shall hold office for four (4) years from the first Monday in January following the City General Election and until their successors are elected and qualified as provided by the City Charter, Section 10. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby instructed to issue and deliver Certificates of Election to each of the above named persons. INTRODUCED AND ADOPTED in regular session 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 EXIiIBIT 10 DECEMBER 5, 2006 RESOLUTION NO. 06-12 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING AND REQUESTING THAT ITEMS LISTED HEREWITH AND ATTACHED BY EXHIBIT, BE INCLUDED IN THE LEGISLATIVE DELEGATION TO THE FLORIDA LEGISLATURE FOR THE 2007 LEGISLATIVE SESSION. WHEREAS, the Okeechobee County Legislative Delegation is meeting in session on December 11, 2006; and WHEREAS, as Florida's population continues to increase, Municipalities are challenged to meet the service demands and infrastructure needs to accommodate for new growth; and WHEREAS, the State has imposed greater accountability in Comprehensive Planning and Fiscal Feasibility Standards on Municipalities; and WHEREAS, Florida's Municipalities are dependent on other governmental entities for financial stability and presently the State, Counties and School District, control every funding source that has been authorized for implementing Growth Management Capital Improvements and complying with Concurrency requirements; and WHEREAS, Municipal self-determination and local self-government are constantly under attack from a variety of public and private interests; and WHEREAS, the role and function of Municipal government is constantly evolving from new demands from its citizens and businesses; and WHEREAS, the City Council for the City of Okeechobee is requesting that the Legislative Delegation introduce and support the requests made on behalf of the City of Okeechobee, Okeechobee County and Okeechobee Utility Authority (OUA). 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: That, the items presented to the Legislative Delegation at the December 11, 2006 Session held in Okeechobee County, and attached herewith as Exhibits A through D, are as follows: • OUA Wastewater Capacity Issue • Canal Clean Up Program • Stormwater Improvements • City Commerce Center Wetland Retention • Emergency Operation Center (EOC) Radios INTRODUCED AND ADOPTED in regular session 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 1 of 9 RESOLUTION NO. 06-12 EXHIBIT A Project Tracking #: S= /H=_ Community Budget Issue Request 1. Project Title: City of Okeechobee Canal Clean-up Project Date: November 22, 2006 2. Member Sponsor(s) Name: Senator J. D. Alexander; Representative Richard Machek District No.(s): S-17: H78 3. What statewide interest does this project address as it relates to Chapter 216.052(1)? Protection of waters of the State. This project is located in a rural area of critical economic concern, as designated by the Governor, pursuant to Chapter 288 0656 4. Requester: Name: _Brian Whitehall. City Administrator _ Organization: City of Okeechobee 5. Recipient: Name: City of Okeechobee Street: 55 SE Third Avenue City: Okeechobee Zip Code: 34974-2903 Counties: Okeechobee Gov't Entity X or Private Organization (Profit/Not for Profit) ❑ 6. Contact: Name: Brian Whitehall, City Administrator Phone #: 863-763-3372 Ext. 211 e-mail: bwhitehall@citvofokgechobee.com 7. Project Description: (Include services to be provided) Implement the program development with SFWMD and the County to clean up the canals and provide canal clean-up to prevent flooding and pollutants 8. Is this a project related to 2004 hurricane damage? Yes ❑ No X 8a. If yes, have you applied for financial assistance from FEMA? Yes ❑ No X 8b. If yes, enter your FEMA identification number: N/A 8c. Is this project included in the Local Mitigation Strategy Plan? (See www.iloridadisaster.org/brrrVims.htm for information) Yes ❑ No X n/a 9. Measurable Outcome Anticipated: Protection of State waters - Taylor Creek and Lake Okeechobee; reduction of pollutants phosphorous and nitrogen loads. provides clean, safe water for residents and the public 10. Amount you are requesting from the State for this project this year" Amount Requested: 1 $150.000 11. Total cost of project this year: $155,000 12. Is this request being made to fund (check all that apply): Operations ❑ Construction X 13. What type of match exists for this request? Local X Private ❑ Federal ❑ None ❑ 13a. Enter all amounts that apply: Total Cash Amount I S I Total In Kind Amount $5,000 14. Was this project previously funded by the State? Yes ❑ No X 14a. If yes, most recent Fiscal Year 2005-2006 (eg. 2002-2003) Amount: $1001000 15. Is future -year funding likely to be requested? Yes ❑ No X 15a. If yes, how much? $ 15b. Purpose for future year funding: Recurring Operations ❑ Non -Recurring Construction ❑ Other 16. Will this be an annual request? Yes ❑ No X 17. Was this project included in an Agency Budget Request? Yes X No ❑ 17a. If yes, name the Agency:_ South Florida Water Management District; FDEP LP6069 18. Was this project included in the Governor's Recommended Budget? Yes ❑ No X 19. Is there documented need for this project? Yes X No ❑ 19a. If yes, what is the documentation? (eg: LRPP, Agency Needs Asse.ssmcnt, etc.) Critical water quality concerns - Lake Okeechobee Protection Act 20. Was this project request heard before a publicly noticed meeting of a body of elected officials (municipal, county, or state)? Yes X No ❑ 20a. If yes, name the Body: City of Okeechobee Council Meeting and Okeechobee County Legislative Delegation Mget C:\Documents and Settings\LaneWy Documents\Resolutions\CITY OF OKEECHBEE-CANALS - 2007 CBIR.doc Page 2 of 9 Project Tracking #: S= /H=_ Community Budget Issue Request 20b. Most recent meeting date: (eg 12/31/2004) December 5 2005 December 11 2006 21. Is this a water project? Yes ❑ No X (See www.dep.state.fl.us/water/waterprojectfundinglwl)f2005final.htm for more information) If Yes, please complete Page 2 IMPORTANT: ATTACH APPROPRIATE SUPPORTING DOCUMENTATION FOR THIS CBIRS REOUEST 21a. Has your project been filed previously with the Department of Environmental Protection (DEP)? Yes X No (See www.dep.state.fl.us/water/watemroiectfundinWwatemroiectshistorypdf list of previously filed projects) 21b. If yes, DEP ID# LP-6069 21c. Is the project eligible under section 403.885(5), F. S., to protect public health; protect the environment; and implement plans developed pursuant to the Surface Water Improvement and Management Act created in part W of Chapter 373, F.S., other water restoration plans required by law, management plans prepared pursuant to s. 403.064, F.S., or other plans adopted by local government for water quality improvement and water restoration? Yes X No ❑ 22. Is your project addressed in a state, regional or local plan (such as a SWIM Plan, Comprehensive Plan, Local Master Plan, etc.)? Yes X No ❑ 22a. If yes, name the plan and cite the pages on which the project is described SFWMD SWIM Plan If you are requesting funding for a stormwater or surface water restoration project: 23. Which Water Management District has the jurisdiction of your project? N/A 23a. Have you provided at least a 50% match? Yes ❑ No X 23b. If yes. identify the amount and source of the match: Amount $ _ _N/A_____.___ Source: N/A 23c. W ill this project reduce pollutant loadings to a water manaworriew dNrict desiLmated -priority" surface water body? Yes X No ❑ (See www.dep.state.tl.tis/water/waterproiectfLnding[WMDpricxity\ialcr,,.hlni for list of priority water bodies.) 23d. If yes, name the water body: Taylor Creek. Lake Okeechobee 23e. If yes, describe, specifically, how it will reduce loadings, identify anticipated load reductions for total suspended solids, total nitrogen, total phosphorus, and other contaminants, and specify the practices that will be used to reduce loadings: _Removal of pollutant debris; soils etc. will reduce pollutants and other contaminants in Taylor Creek/Lake Okeechobee Rim Canal thereby reducing Pollutants entering into Lake Okeechobee. If you are requesting funding for a wastewater project: 24. Does your project qualify for funding from DEP's "Small Community Wastewater Treatment Grant Program" under section 403.1838, F.S.? Yes ❑ No X (See www.dep.state.fl.us/water/wff/cwsrf/smaIc•wgp.htm for information) 24a. If yes, have you applied for funding? Yes ❑ No ❑ 24b. if yes, provide the DEP Disadvantaged Small Community Grant project number N/A 25. Other wastewater projects: 26. Have you received previous legislative funding for this project? Yes ❑ No X 26a. If yes, list the amount and the fiscal year. Amount $_____N/ 27. Is the project under construction? Yes ❑ No X Fiscal Year N/ 28. Have you provided at least a 25% local match? Yes ❑ No X 28a. If yes, identify the amount and source of the match: Amount $_ _N/A_ Source: N/ C:\Documents and Settings\Lane\My Documents\Resolutions\CITY OF OKEECHBEE-CANALS - 2007 CBIR.doc Page 3 of 9 Project Tracking #: S= /H=. RESOLUTION NO. 06-12 EXHIBIT B Community Budget Issue Request 1. Project Title: City of Okeechobee Stormwater Improvements Date: November 20, 2006 2. Member Sponsor(s) Name: Senator J. D. Alexander; Representative Richard Machek District No.(s): _ S-17: H78 3. What statewide interest does this project address as it relates to Chapter 216.052(1)? Protection of life and property which includes waters of the State of Florida. This project is located in a Rural Area o(Critical Economic Concern as designated by the Governor, pursuant to Chapter 288.0656. To clean water prior to entry into waters of the State Lake Okeechobee and Taylor Creek 4. Requester: Name: Brian Whitehall, City Administrator _ Organization: City of Okeechobee 5. Recipient: Name: City of Okeechobee Street: 55 SE Third Avenue City: Okeechobee __ Zip Code: 34974-2903 Counties: Okeechobee Gov't Entity X or Private Organization (Profit/Not for Profit) ❑ 6. Contact: Name: Brian Whitehall, City Administrator Phone #: 863-763-3372 Ext. 211 e-mail: 7. Project Description: (Include services to be provided) Prevent flooding by upgrading swales culverts and retention ponds and development of stormwater system. 8. Is this a project related to 2004 hurricane damage? Yes ❑ No X 8a. If yes, have you applied for financial assistance from FEMA? Yes ❑ No X 8b. If yes, enter your FEMA identification number: N/A 8c. Is this project included in the Local Mitigation Strategy Plan? (See www.tloridadisaster org/biTMms htm for information) Yes ❑ No 9. Measurable Outcome Anticipated: To quantify decrease of pollutants from local area into Taylor Creek and Lake Okeechobee 10. Amount you are requesting from the State for this project this year" Amcnmt Requested: $1,000,000 11. Total cost of project this year: $1 ,510.000 12. Is this request being made to fund (check all that apply): Operations ❑ 13. What type of match exists for this request? Local X Private ❑ 13a. Enter all amounts that apply: Total Cash Amount $500,000 14. Was this project previously funded by the State? Yes ❑ No 14a. If yes, most recent Fiscal Year N/A (eg. 2005-2006) 15. Is future -year funding likely to be requested? Yes ❑ No X Construction X Federal X None ❑ Total In Kind Amount $10,000 Amount: 1 $ 15a. If yes, how much? $ 15b. Purpose for future year funding: Recurring Operations ❑ Non -Recurring Construction ❑ Other 16. Will this be an annual request? Yes ❑ No X 17. Was this project included in an Agency Budget Request? Yes ❑ No X 17a. If yes, name the Agency: 18. Was this project included in the Governor's Recommended Budget? Yes ❑ No X 19. Is there documented need for this project? Yes X No ❑ 19a. If yes, what is the documentation? (eg: LRPP, Agency Needs Assessment, etc. Flooding 20. Was this project request heard before a publicly noticed meeting of a body of elected officials (municipal, county, or state)? 21. Yes X No El 22. 20a. If yes, name the Body: Okeechobee City Council_Meetine and Okeechobee Legislative Delegation Meeting 20b. Most recent meeting date: (eg 12/31/2004) December 5 2006 and December 11 2006 C:\Documents and Settings\Lane\My Documents\Resolutions\CITY OF OKEECHBEE-STORMWATER-11-20-06.doc Page 4 of 9 Project Tracking #: S= /H= Community Budget Issue Request 21. Is this a water project? Yes X No ❑ (See www.dep.state.fl.tis/water/waterproiectfiinding/nf2OO5final.htm for more information) If Yes, please complete Page 2 IMPORTANT. ATTACH APPROPRIATE SUPPORTING DOCU MYTATIOA7 FOR THIS MRS REQUEST 21a. Has your project been filed previously with the Department of Environmental Protection (DEP)? Yes X No ❑ (See www dep state fl us/water/waterproiectfundin /waterl)roiectshistory_pdf list of previously filed projects) 21b. If yes, DEP ID# LP6069 21c. Is the project eligible under section 403.885(5), F. S., to protect public health; protect the environment; and implement plans developed pursuant to the Surface Water Improvement and Management Act created in part IV of Chapter 373, F.S., other water restoration plans required by law, management plans prepared pursuant to s. 403.064, F.S., or other plans adopted by local government for water quality improvement and water restoration? Yes X No ❑ 22. Is your project addressed in a state, regional or local plan (such as a SWIM Plan, Comprehensive Plan, Local Master Plan, etc.)? Yes X No ❑ 22a. If yes, name the plan and cite the pages on which the project is described _SFWMD SWIM Plan If you are requesting funding for a stormwater or surface water restoration project: 23. Which Water Management District has the jurisdiction of your project? SFWMD 23a. Have you provided at least a 50% match? Yes X No ❑ 23b. If yes, identify the amount and source of the match: Amount $ __ 510,000 Source: CDBG/HMGP 23c. Will this project reduce pollutant loadings to a water management district designated "priority" surface water body? Yes X No ❑ (See www.dep_�staIC'11 usAkater,/watemToiectfundine IXAID iriori(\ lit in for list of priority water bodies.) 23d- If ves. name the water body: Taylor Creek and Lake Okeec hohct, 23e. If yes, describe. specifically, how it will reduce loadings. identify anticipated load reductions for total suspended solids, total nitrogen, total phosphorus, and other contaminants, and specify the practices that will be used to reduce loadings: _Removal of pollutant debris; soils, etc. will reduce pollutants and other contaminants in Taylor Creek/Lake Okeechobee Rim Canal thereby reducing pollutants entering into Lake Okeechobee. If you are requesting funding for a wastewater project: 24. Does your project qualify for funding from DEP's "Small Community Wastewater Treatment Grant Program" under section 403.1838, F.S.? Yes ❑ No (See www.dep.state.fl.us/water/wff/cwsrf/smalcwgp.htm for information) 24a. If yes, have you applied for funding? Yes ❑ No ❑ 24b. If yes, provide the DEP Disadvantaged Small Community Grant project number N/A 25. Other wastewater projects: 26. Have you received previous legislative funding for this project? Yes ❑ No 26a. If yes, list the amount and the fiscal year. Amount $ __N/ 27. Is the project under construction? Yes ❑ No Fiscal Year N/. 28. Have you provided at least a 25% local match? Yes ❑ No 28a. If yes, identify the amount and source of the match: Amount $_ -,N/A Source: N/ Page 2 Version 36 12/01/04 C:\Documents and Settings\Lane\My Documents\Resolution\CITY OF OKEECHBEE-STORMWATER-11-20-06.doc Page 5 of 9 Project Tracking #: S= /H=_ RESOLUTION NO. 06-12 EXHIBIT C Community Budget Issue Request 1. Project Title: City of Okeechobee Commerce Center Water Retention Installation Date: November 22, 2006 2. Member Sponsor(s) Name: Senator J. D. Alexander; Representative Richard Machek District No.(s): S-17; H-78 3. What statewide interest does this project address as it relates to Chapter 216.052(1)? Provide for water filtration and clean-up prior to entry into waters of the state in this strategic area located on Lake Okeechobee and Taylor Creek Improve depressed economy by providing fobs that new businesses locating to Commerce Center will improve economic development and increase State sales tax This project is located in a rural area of critical economic concern as designated by the Governor Pursuant to Chanter 288 0656 4. Requester: Name: _Brian Whitehall, City Administrator Organization: City of Okeechobee 5. Recipient: Name: City of Okeechobee Street: 55 SE Third Avenue City: Okeechobee 'Lip Code: 34974-2903 Counties: Okeechobee Gov't Entity X or Private Organization (Profit/Not for Profit) ❑ 6. Contact: Name: Brian Whitehall, City Administrator Phone #: 863-763-3372 Ext. 211 E-mail: bwhitehall@citvofokeechobee.com 7. Project Description: (Include services to be provided) Comply with wetland compliance issues by addressing water retention issues in order to add new business prospects and create jobs. 8. Is this a project related to 2004 hurricane damage? Yes ❑ No X 8a. if yes, have you applied for financial assistance from FEMA? Yes ❑ No X 8b. If yes, enter your FEMA identification number: _N/A 8c. Is this project included in the Local Mitigation Strategy Plan? (See www.floridadisaster.org/brm/ims.htiTi for information) Yes ❑ No X 9. Measurable Outcome Anticipated: To provide wetland retention on north side of business center in order to accommodate new business locating to the Commerce Center, which will create new jobs and improve depressed economy and timelines to be met and increase sales tax for State and local areas. 10. Amount you are requesting from the State for this project this year' Amount Requested: $300,000 11. Total cost of project this year: $905,000 12. Is this request being made to fund (check all that apply): Operations ❑ Construction X 13. What type of match exists for this request? Local X Private ❑ Federal X None ❑ 13a. Enter all amounts that apply: Total Cash Amount $605,000 Total In Kind Amount $5,000. 14. Was this project previously funded by the State? Yes ❑ No X 14a. If yes, most recent Fiscal Year (eg. 2005-2006) Amount: 1 $ 15. Is future -year funding likely to be requested? Yes ❑ No X 15a. If yes, how much? $ 15b. Purpose for future year funding: Recurring Operations ❑ Non -Recurring Construction ❑ Other 16. Will this be an annual request? Yes ❑ No X 17. Was this project included in an Agency Budget Request? Yes ❑ No X 17a. If yes, name the Agency: 18. Was this project included in the Governor's Recommended Budget? Yes ❑ No X 19. Is there documented need for this project? Yes X No ❑ 19a. If yes, what is the documentation? (eg: LRPP, Agency Needs Assessment, etc.) Depressed economy; unemployment rate high,• 20. Was this project request heard before a publicly noticed meeting of a hody of elected officials (municipal, county, or state)? Yes X No ❑ 20a. If yes, name the Body: City of_Okeechobee Council Meeting and Okeechobee County Legislative Delegation Meeting 20b. Most recent meeting date: (eg 12/31/2004) December_5 2006; December 11. 2006 C:\Documents and Settings\Lane\My Documents\Resolutions\CITY OF OKEECHBEE-COMMERCE CENTER - 2007 C .doc Page 6 of 9 Project Tracking #: S= /H=_ Community Budget Issue Request 21. Is this a water project? Yes ❑ No X (See www.dep.state.fl.tis/water/waterproiectfundinwwpf2005fmal.htm for more information) If Yes, please complete Page 2 IMP0RTANT: ATTACH APPROPRIATE S U1PPORT1A7G D0CUAfENTATI0A7 FOR THIS MRS REQUEST 21a. Has your project been filed previously with the Department of Environmental Protection (DEP)? Yes ❑ No X (See www.dei).state.fl.us/water/wateiproiectfundin /g watemrojectshigory.pdf list of previously filed projects) 21b. If yes, DEP ID# N/A 21c. Is the project eligible under section 403.885(5), F. S., to protect public health; protect the environment; and implement plans developed pursuant to the Surface Water Improvement and Management Act created in part IV of Chapter 373, F.S., other water restoration plans required by law, management plans prepared pursuant to s. 403.064, F.S., or other plans adopted by local government for water quality improvement and water restoration? Yes ❑ No X n/a 22. Is your project addressed in a state, regional or local plan (such as a SWIM Plan, Comprehensive Plan, Local Master Plan, etc.)? Yes ❑ No X 22a. If yes, name the plan and cite the pages on which the project is described _ N/A If you are requesting funding for a stormwater or surface water restoration project: 23. Which Water Management District has the jurisdiction of your project' _N/A 23a. Have you provided at least a 50% match? Yes ❑ No X 23b. If yes, identify the amount and source of the match: Amount .R N/A Source: N/A 23c. Will this project reduce pollutant loadings to a water management district designated "priority" surface water body? Yes ❑ No X (See wwu.dep.state.l7.us/water/waterproiect fund ing/WMDpriori[vwj[crs.him for list of priority water bodies.) 23d. 11 yes. name the water body: N/A 23e. li yes, describe. specifically, how it will reduce loadings. identify anticipated load reductions for total suspended solids, total nitrogen, total phosphorus, and other contaminants, and specify the practices that will be used to reduce loadings: _N/A If you are requesting funding for a wastewater project: N/A 24. Does your project qualify for funding from DEP's "Small Community Wastewater Treatment Grant Program" under section 403.1838, F.S.? Yes ❑ No X (See www.dep.state.fl.us/water/wff/cwsrf/smalcwgp.htm for information) 24a. If yes, have you applied for funding? Yes ❑ No X 24b. If yes, provide the DEP Disadvantaged Small Community Grant project number N/A 25. Other wastewater projects: 26. Have you received previous legislative funding for this project? Yes ❑ No X 26a. If yes, list the amount and the fiscal year. Amount $____N/A Fiscal Year N/A 27. Is the project under construction? Yes ❑ No X 28. Have you provided at least a 25% local match? Yes ❑ No X 28a. If yes, identify the amount and source of the match: Amount $ ___N/A Source: N/A Page 2 Version 36 12/01/04 C:\Documents and Settings\Lane\My Documents\Resolutions\CITY OF OKEECHBEE-COMMERCE CENTER - 2007 C .doc Page 7 of 9 Project Tracking #: S= /H= RESOLUTION NO. 06-12 EXHIBIT D Community Budget Issue Request 1. Project Title: City of Okeechobee - Emergency Radio System _ Date: November 22, 2006 2. Member Sponsor(s) Name: Senator Ken Pruitt, Senator J. D. Alexander; Representative Frank Attkisson Representative Richard Machek District No.(s): _S- 28, S-17; H-79, H-78 3. What statewide interest does this project address as it relates to Chapter 216.052(1)? To allow for this area to be networked in with the State's and Counties Em_er2ency System during times of declared State emergencies This proiect is located in a rural area of critical economic concern, as deshmated by the Governor, pursuant to Chapter 288 0656 4. Requester: Name: Brian Whitehall City Administrator Organization: City of Okeechobee 5. Recipient: Name: City of Okeechobee Street: 55 SE Third Avenue City: Okeechobee Zip Code: 34974-2903 Counties: Okeechobee Gov't Entity X or Private Organization (Profit/Not for Profit) ❑ 6. Contact: Name: Brian Whitehall, City Administrator Phone #: 863-763-3372 Ext. 211 E-mail: bwhitehall@citvofokeechobee.com 7. Project Description: (Include services to be provided) Purchase and install 800 megahertz radios in order to provide effective emergency communication operations for the safety of the City's citizens and area public visitors for inter departmental communication in time declared emergency. This will also enable the City to be compatible with otber County emergency operations 8. Is this a project related to 2004 hurricane damage? Yes ❑ No X 8a. If yes, have you applied for financial assistance from FEMA? Yes ❑ No X 8b. if yes, enter your FEMA identification number: N/A 8c. Is this project included in the Local Mitigation Strategy Plan? (See www.floridadisaster.ore/brn-Ams.htm for information) Yes ❑ No X 9. Measurable Outcome Anticipated: To provide effective communications for the Emergency Operations of the fire police and public works while protecting and providing safety to the citizens and public 10. Amount you are requesting from the State for this project this year'? Amount Requested: 1 $450,000.00 11. Total cost of project this year: $455,000.00 1 12. Is this request being made to fund (check all that apply): Operations Construction X 13. What type of match exists for this request? Local ❑ Private ❑ Federal ❑ None X 13a. Enter all amounts that apply: Total Cash Amount $ Total In Kind Amount 1 $5,000. 14. Was this project previously funded by the State? Yes ❑ No X 14a. If yes, most recent Fiscal Year (eg. 2005-2006) Amount: 1 $ 15. Is future -year funding likely to be requested? Yes ❑ No X 15a. If yes, how much? 15b. Purpose for future year funding: Recurring Operations ❑ Non -Recurring Construction ❑ Other 16. Will this be an annual request? Yes ❑ No X 17. Was this project included in an Agency Budget Request? Yes [] No X 17a. If yes, name the Agency: 18. Was this project included in the Governor's Recommended Budget'? Yes ❑ No X 19. Is there documented need for this project? Yes X No ❑ 19a. If yes, what is the documentation? (eg: LRPP, Agency Needs Assessment. etc. Rescue and recovery efforts during emergency situations are hampered due to antiquated emergency communication system 20. Was this project request heard before a publicly noticed meeting of a body of elected officials (municipal, county, or state)? C:\Documents and Settings\Lane\My Documents\Resolutions\CITY OF OKEECHBEE- EOC RADIOS - 2007 CBIR.doc Page 8 of 9 Project Tracking #: S= /H= Community Budget Issue Request Yes X No ❑ 20a. If yes, name the Body: Okeechobee City Council Meeting and Okeechobee County Legislative Delegation Meeting 20b. Most recent meeting date: (eg 12/31/2004) December 5, 2006 and December 11, 2006 21. Is this a water project? Yes ❑ No X (See www.dep.state.H.us/water/waterprojectfundingLnf2005final.htm for more information) If Yes, please complete Page 2 IMPORTANT. ATTACH APPROPRIATE SUPPORTING DOCUMENTATION FOR THIS CBIRS REOUEST 21a. Has your project been filed previously with the Department of Environmental Protection (DEP)? Yes ❑ No X (See www.dep.state.fl.us/water/waterproiectfunding/watemroiectshistory pdf list of previously filed projects) 21b. If yes, DEP ID# N/A 21c. Is the project eligible under section 403.885(5), F. S., to protect public health; protect the environment; and implement plans developed pursuant to the Surface Water Improvement and Management Act created in part IV of Chapter 373, F.S., other water restoration plans required by law, management plans prepared pursuant to s. 403.064, F.S., or other plans adopted by local government for water quality improvement and water restoration? Yes ❑ No X 22. Is your project addressed in a state, regional or local plan (such as a SWIM Plan, Comprehensive Plan, Local Master Plan, etc.)? Yes ❑ No X 22a. If yes, name the plan and cite the pages on which the project is described _ N/A If you are requesting funding for a stormwater or surface water restoration project: N/A 23. Which Water Management District has the jurisdiction of your project? _ N/A 23a. Have you provided at least a 50% match? Yes ❑ No X 23b. If yes. identify the amount and source of the match: Amount 6 Source: N/A 23c. Will this project reduce pollutant loadings to a water rnanagemeni d ,inci dc,,wnated '-priority- surface water body? Yes ❑ No X (See www.dep.state.fl.tis/water/waterproiectftmdingfWMDpriorit� \� atcrs him for list of priority water bodies.) 23d. If yes, name the water body: 23e. If yes, describe, specifically, how it will reduce loadings, identify anticipated load reductions for total suspended solids, total nitrogen, total phosphorus, and other contaminants, and specify the practices that wil I be used to reduce loadings: If you are requesting funding for a wastewater project: N/A 24. Does your project qualify for funding from DEP's "Small Community Wastewater Treatment Grant Program" under section 403.1838, F.S.? Yes ❑ No X (See www.dep.state.fl.us/water/wff`/cwsrf-/smalcwLyp.htm for information) 24a. If yes, have you applied for funding? Yes ❑ No X 24b. If yes, provide the DEP Disadvantaged Small Community Grant project number N/A 25. Other wastewater projects: 26. Have you received previous legislative funding for this project? Yes ❑ No X 26a. If yes, list the amount and the fiscal year. Amount $__.N/A Fiscal Year N/A 27. Is the project under construction? Yes ❑ No X 28. Have you provided at least a 25% local match? Yes ❑ No X 28a. If yes, identify the amount and source of the match: Amount $____ ---- N/A— Source: C:\Documents and Settings\Lane\My Documents\Resolutions\CITY OF OKEECHBEE- EOC RADIOS - 2007 CBIR.doc Page 9 of 9 ExHIBIT 11 DECEMBER 5, 2006 RESOLUTION NO. 06-13 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA EXTENDING THE OPERATION OF ORDINANCE NO. 842 AS PREVIOUSLY ADOPTED; PROVIDING FOR EXTENSION OF TIME IN WHICH DEVELOPER MAY CONCLUDE CONSTRUCTION; PROVIDING FOR DESIGNATED STREETS AND/OR ALLEYS TO REMAIN CLOSED PENDING CONCLUSION OF CONSTRUCTION; DIRECTING THE CITY CLERK TO RECORD THE RESOLUTION IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee adopted Ordinance No. 842, which Ordinance closed or vacated a certain street or alley within the city at the request of developer Buxton Funeral Home, to facilitate the construction of a new commercial building on the site of developer; and WHEREAS, as is typical for such ordinances within the city, provision was made for a reverter of the street or alley closing to cause the subject street or alley to revert, and re -open for public use in the event the developer did not proceed with construction plans; and WHEREAS, in this instance, the developers plan was delayed due to hurricanes, construction delays and other issues beyond the control of developer, but final construction is near completion at the time of this resolution; and WHEREAS, the subject street or alley is due to revert to the City of Okeechobee on or about December 31, 2006 should action not be taken to extend the application of Ordinance No. 842; 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 Ordinance No. 842 as previously adopted is extended to and including December 31, 2007, to cause the subject street or alley in such ordinance to remain closed to the public as provided for in said ordinance, to facilitate the final construction of developers commercial structures. SECTION 2. The City Clerk shall cause a certified copy of the resolution to be recorded in the public records of Okeechobee County, Florida. SECTION 3. THAT this resolution shall take effect immediately upon its adoption. INTRODUCED AND ADOPTED in regular session 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 1 of 1