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2007-01-02 Regular MeetingCITY OF OKEECHOBEE JANUARY 2, 2007 REGULAR CITY COUNCIL MEETING CALL TO ORDER - Mayor: January 2, 2007 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Rev. Bruce Simpson, First United Methodist Church; 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 Clayton Williams 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. Swearing in of newly elected officials and presentation of a Certification of Election by Honorable William Hendry, Circuit Judge, Retired. SUMMARY OF COUNCIL ACTION PAGE 1 OF 12 Mayor Kirk called the January 2, 2007 Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by Reverend Simpson of the First United Methodist Church; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present The Honorable William Hendry, Retired Circuit Judge, addressed Mrs. Lane Gamiotea and administered the Oath of Office for a City Clerk, whose term is January 2, 2007 through January 4, 2011. He then administered the Oath of Office for Council Members to Mr. Lowry Markham, Mr. Dowling R. Watford, Jr. and Mr. Clayton Williams, whose terms are January 2, 2007 through January 4, 2011. Each was presented with a Certification of Election, with the office title, terms and signature of Judge Hendry. JANUARY 2, 2007 - REGULAR MEETING - PAGE 2 OF 12 IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. B. Election of Mayor for a two-year term. C. Present Bob Peterson with a Ten -Year Longevity Service Award. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the December 5. 2006 Regular Meeting. VI. AGENDA - Mayor. The floor was opened for nominations for Mayor. Council Member Watford made a motion to appoint James E. Kirk to serve as Mayor of the City of Okeechobee term beginning January 2 2007 through January 6 2009; seconded by Council Member Markham. No other nominations were presented, therefore the floor was closed for nominations. KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS. - YEA L. WILLIAMS - YEA MOTION CARRIED. Mr. Peterson's award was -withdrawn from the agenda due to scheduling conflicts, will be presented at the January 16, 2007 meeting. Council Member Markham moved to dispense with the reading and approve the Summary of Council Action for the December 5, 2006 Regular Meeting: seconded by Council Member Watford. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED. 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 Council Member C. Williams asked to be put as the last item on the agenda to discuss a few items. VII. 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, and adopt proposed Ordinance No. 996 11 Council Member L. Williams moved to read by title only proposed Ordinance No. 966 regarding Proportionate Fair regarding Proportionate Fair Share Transportation - City Attorney Share Transportation; seconded by Council Member C. Williams. (Exhibit 1). JANUARY 2, 2007 - REGULAR MEETING - PAGE 3 OF 12685 VII. PUBLIC HEARING CONTINUED. A.1. b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA 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 CITYOFOKEECHOBEE PROPORTIONATE FAIR SHARE TRANSPORTATION ORDINANCE; CREATING ARTICLE V OF CODE BOOK CHAPTER 78! DEVELOPMENT STANDARDS; PROVIDING FOR SHORT TITLE, AUTHORITYANDAPPLICABILITY; PROVIDING FOR INTENTAND 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 FACILIT►ESANDIMPACT 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 adopt proposed Ordinance No. 966. Council Member Markham moved to adopt proposed Ordinance No. 966; 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. City Planning Consultant LaRue advised that the Planning Board reviewed the proposed ordinance at the December 19, 2006 meeting and are recommending approval. Council Member Watford asked whether the language was simple enough to understand what the proportionate share will be and what each party is entitled to do? Mr. LaRue replied yes, there are formulas and guidelines to follow. Council Member C. Williams asked what would happen should a developer withdraw after submittal? Mr. LaRue answered that they are not eligible to be granted a permit or complete the development. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. B.1. a) Motion to read by title only, and adapt proposed Ordinance No. 967, Council Member Watford moved to read by title only, proposed Ordinance No. 967 regarding Sexual Offender regarding sexual offender restrictions - City Attorney (Exhibit 2). Restrictions; seconded by Council Member L. Williams. JANUARY 2, 2007 - REGULAR MEETING - PAGE 4 OF 12 VIII. PUBLIC HEARING CONTINUED. B.1. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 967 by title only 2. a) Motion to adopt proposed Ordinance No. 967. b) Public comments and discussion. KIRK - YEA C. WILLIAMS - YEA MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 967 by title only as follows: "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 TOGETHERIN 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 BYZONING DISTRICTS OR AS A SPECIAL EXCEPTION WITHIN THE HEA VYCOMMERCIAL, OR INDUSTRIAL ZONING CLASSIFICATIONS; PROHIBITING THELEASING 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 ADDA SPECIAL EXCEPTION FOR BOARDINGHOUSES AND ROOMING HOUSES; PROVIDING FOR PENALTIES, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 967; seconded by Council Member Watford, Mayor Kirk asked whether there were any questions or comments from the public? There were none. Administrator Whitehall displayed a map which showed the 2,500 feet restrictions within the City, leaving very little availability to reside. The County Ordinance reflects the 2,500 feet restriction, but we are a smaller area. Attorney Cook remarked that the State Law is 1,000 feet. Council discussed the size restriction at length, and the consensus was that 1,000 feet would be more suitable for the City. Also discussed was the notification to landlords of their responsibility in regards to Section 38-45, in which the landlord is responsible to keep abreast of those on the sexual offender list and to abide by residence restrictions or there will be a penalty. Council Member L. Williams suggested that we take necessary action to notify the public of this ordinance by utilizing all media sources. JANUARY 2, 2007 - REGULAR MEETING - PAGE 5 OF 12687 1 Vill. PUBLIC HEMING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Public comments and discussion continued. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. Vill. NEW BUSINESS. A. Two-year appointments of Council Members to serve as City Liaison to various Boards: Central Florida Regional Planning Council (1 member, Lowry Markham currently serves). Council Member Watford move to amend Ordinance No. 967 to make the distance from 2,500 feet to 1,000 feet; seconded by C. Williams. VOTE ON MOTION TO AMEND KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED TO AMEND. VOTE ON MOTION AS AMENDED KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:48 P.M. MOTION CARRIED AS AMENDED. The Council reviewed and made two-year appointments to serve as City Liaisons to various Boards as follows: Council Member C. Williams will serve on the Central Florida Regional Planning Council. 2. Tourist Development Council (2 members, Lydia Jean Council Member L. Williams will continue to serve, and Council Member Markham will be added to the Tourist Williams and Noel Chandler currently serve). Development Council. 3. Juvenile Justice Council (1 member, Jim Kirk currently Mayor Kirk will continue to serve on the Juvenile Justice Council. serves). 11 4. Treasure Coast Council of Local Governments ( 1 member, III Council Member Watford will continue to serve on the Treasure Coast Council of Local Governments. Dowling Watford, Jr. currently serves). 5. Okeechobee County Health and Healthy Start Coalition (1 III Council Member Markham will continue to serve on the Okeechobee County Health and Healthy Start Coalition. member, Lowry Markham currently serves). 6FIS JANUARY 2, 2007 - REGULAR MEETING - PAGE 6 OF 12 Vill. NEW BUSINESS CONTINUED. A. B. Two-year appointments to various Boards continued: 6. Workforce Regional Development Board (1 member, Jim Mayor Kirk will continue to serve on the Workforce Regional Development Board. He added that the Board meets in Kirk currently serves). Fort Pierce at 8:00 a.m. and has not been able to attend several meetings. The appointment to this board can not be given to another person whose schedule may better fit the meeting time, as the Mayor is the only one who can be appointed to this board. 7. Okeechobee Main Street (1 member, Dowling Watford currently serves). R.O.A.D. Program (1 member, Lydia Jean Williams currently serves). 9. Hurricane Housing Recovery Program (HHRP) (1 member, Dowling Watford currently serves). 10. Economic Council (1 member, currently no one has been appointed). Council Member Watford will continue to serve on Okeechobee Main Street. Council Member L. Williams will continue to serve on the R.O.A.D. Program. Council Member Watford will continue to serve on the Hurricane Housing Recovery Program (HHRP). Council Member C. Williams was appointed to serve on the Economic Council. 11. Treasure Coast Regional League of Cities (1 member, new III Council Member Watford was appointed to serve on the Treasure Coast Regional League of Cities. organization, no one currently serves). Mayor Kirk will continue to serve on the Executive Round table (not listed), only the Mayor position can be appointed to this Board. Presentation of the final draft of the City Impact Fee Study - Walter Mr. Walter Keller presented a rough draft, not a final draft of the Impact Fee Study -and distributed the Preliminary Fee Keller. Estimates. He noted that the School Board has adopted a resolution for the impact fees. The City will be required to adopt an ordinance and enter into an InterLocal Agreement with the School Board and the County. He reviewed the draft which showed three impact fee zones for the City consisting of: Law Enforcement $339.00, Fire $923.00 and Public Works $1,708.00 which totaled $2,970.00. There would be a one time fee obligation to new sites for Single Family, Multiple Family and Mobile Homes. Added to the City's fee would be the School Board Fee, the County Fee and other fees such as the OUA. Council discussed that it has been a long time to get to this point. The Impact Fees will be reviewed after a few years to be sure that the figures imposed are on track. The consensus of the Council is to proceed forward Administrator Whitehall will meet with Mr. Keller to fine tune and then present the final draft to Council. JANUARY 2, 2007 - REGULAR MEETING - PAGE 7 OF 12 689 Vill. NEW BUSINESS. C. Discuss the deadlines and procedures for 2007, regarding the City Planner Jim LaRue was present to review the deadlines for submitting Comprehensive Plan Large Scale Comprehensive Plan submittals - City Planning Consultant. Amendments. The adoption date of the application, not the submittal date is what determines the year it is counted in. Due to the adoption process taking longer than expected, Cycle I for 2006 will become Cycle I for 2007, leaving only one Cycle for the remainder of 2007. Mr. LaRue suggested that the December 29, 2006 deadline for 2006 Cycle II, (now to be called Cycle II 2007), be extended to February 28, 2007. One application was submitted by the deadline. However, one more is expected any day. Council Member Watford moved to extend the deadline for Comprehensive Plan Large Scale Future Land Use Map and Text Amendments from December 29 2006 to February 28, 2007• seconded by Council Member L Williams. KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. D.1. a) Motion to read by title only and set January 16, 2007 as a final Council Member C. Williams moved to read by title only and set January 16, 2007 as a final public hearing date for public hearing date for proposed Ordinance No. 968, amending the proposed Ordinance No. 968, amending the General Employees' and OUA Employees' Pension Plan to allow elected General Employees' and OUA Employees' Pension Plan to allow officials to opt out of the fund; seconded by Council Member L. Williams. elected officials to opt out of the fund - General Employees' Pension Board Secretary, Lane Gamiotea (Exhibit 3). b) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 968 by title only. Attorney Cook read proposed Ordinance No. 968 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE (NAND FOR THE CITY OF OKEECHOBEE, FLORIDA, AMENDING THE CITY OFOKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES, RETIREMENT SYSTEM, ADOPTED PURSUANT TO ORDINANCE NO.828; AMENDING SECTION 2, MEMBERSHIP; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE. DATE.,, I JANUARY 2, 2007 - REGULAR MEETING - PAGE 8 OF 12 VIII. NEW BUSINESS. D.2. a) Motion to approve the first reading of proposed Ordinance No. 968 b) Discussion. c) Vote on motion. E.1 .a) Motion to read by title only and set February 6, 2007 as a final public hearing date for proposed Ordinance No. 969, regarding Alley Closing Application No. 84, submitted by Brad Goodbread for Block 46 and Block 1 - City Attorney (Exhibit 4). b) Vote on motion. c) City Attorney to read proposed Ordinance No. 969 by title only. 2,a) Motion to approve the first reading of proposed Ordinance No. 969. Council Member Markham moved to approve the first reading of Ordinance No. 968; seconded by Council Member L. Williams. The purpose for the ordinance is to allow elected officials to opt out of the City's Pension Plan should they have an existing fund that would conflict by law. Currently it is mandatory that they participate. Council Member C. Williams noted a typographical error on page 1. E which should read (60) days rather than (6) days. Clerk Gamiotea stated that the correction will be reflected at the final Public Hearing. KIRK - YEA C. WILLIAMS - YEA VOTE MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. Council Member Watford moved to read by title only, and set February 6, 2007 as a final public hearing date for proposed Ordinance No. 969, regarding Alley Closing Application No. 84, submitted by Brad Goodbread for Block 46 and Block 1; seconded by Council Member L. Williams. KIRK - YEA C. WILLIAMS - YEA VOTE MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. City, attorney to read proposed Ordinance No. 969 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 46, FIRST ADDITION TO SOUTH OKEECHOBEE AS RECORDED 1N PLAT BOOK 1, PAGE 17AND BLOCK 1, ROYAL OAK ADDITION, AS RECORDED INPLA TBOOK 1, PAGE8, PUBLICRECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." Council Member Markham moved to approve the first reading of proposed Ordinance No. 969; seconded by Council Member C. Williams. JANUARY 2, 2007 - REGULAR MEETING - PAGE 9 OF 126 91 VIII. NEW BUSINESS. E 2.b) Discussion. Alley Closing Application No. 84 was submitted by Brad Goodbread, on behalf of property owners, George A. Goodbread, GAGBEE, Inc. And G-4 Land N Cattle Company. The purpose of the ordinance is to close the North to South alleyway between Lots 4 and 5 of Block 46, First Addition to South Okeechobee and between Lots 1 through 4 and 5 through 8 of Block 1, Royal Oak Addition. No easements are being requested by the utility companies. The proposed property is for commercial use. There was a brief discussion. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. F.1. a) Motion to read by title only and set January 16, 2007 as a final Council Member Watford moved to read by title only, and set January 16, 2007 as a final public hearing date for public hearing date for proposed Ordinance No. 970, regarding proposed Ordinance No. 970, regarding Rezoning Petition No. 06-014-R; seconded by Council Member L. Williams. Rezoning Petition No. 06-014-R - City Planning Consultant (Exhibit 5)_ b) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 970 by title only. City Attorney to read proposed Ordinance No. 970 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 970. Council Member Markham moved to approve the first reading of proposed Ordinance No. 970; seconded by Council Member C. Williams. 692 JANUARY 2, 2007 - REGULAR MEETING -PAGE 10 of 12 VIII. NEW BUSINESS CONTINUED. F. 2. b) Discussion. The Ordinance is regarding Rezoning Application No. 06-014-R, submitted by Brad Goodbread on behalf of property owners G-4 Land and Cattle Company and George A. Goodbread. The application is to change the zoning designation from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV) for property located at 2100 South Parrott Avenue, Lots 7 and 10 of Block 46, First Addition to South Okeechobee, as recorded in Plat Book 1, Pagel and Lots 5 through 8 of Block 1, Royal Oak Addition, as recorded in Plat Book 1, Page 8, public records of Okeechobee County and is approximately 0.650 acre(s). Mr. LaRue, briefly reviewed the following Planning Staff Report recommending approval. 1. The proposed use is not contrary to Comprehensive Plan requirement: The applicant has stated that he has not decided on a specific use for the property at this time. He has requested this rezoning to accommodate possible commercial uses that could be proposed by potential users of the land in the future. While the Land Development Code allows several uses under the CHV Zoning District as permitted uses, the applicant will need to specify what type of use(s) is intended on the property. This can be done at the site plan review phase of development as the property is now vacant. Some of the permitted uses in the CHV Zoning District are summarized; Professional/Business/Medical Office, Retail Service/Store, Restaurant, Personal Service, Funeral home, Hotel/Motel, Nightclub. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. As stated above, the applicant has not specified which use will occupy the property. 3. The proposed CHV Zoning will not have an adverse effect on the public interest. This Zoning District is shared by properties to the North, East and South. 4. The CHV Zoning would be appropriate for this location and will complement the adjacent land uses as has been stated above. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. In addition, it will encourage development on the surrounding vacant properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. This will be addressed during the site plan review phase of development. 7. Density will not be an issue as the site is planned for commercial uses. Traffic impacts will be assessed during the site plan review phase of development. 8. It is most likely that development of the subject property will impact traffic circulation in the area, but as stated earlier, those impacts will be assessed prior to development. Traffic improvements will be provided by the applicant, should it be warranted, at the Site Plan review stage. Likewise, flooding and drainage plans will be reviewed by City staff when appropriate, but it does not appear to be an issue at this time. 9. The only restrictions being placed on the subject property are those which are set forth in the City's Comprehensive Plan and the Land Development Code. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Allowing this request will further the Co's goal of eliminating inconsistent land uses within its municipal boundaries. JANUARY 2, 2007 - REGULAR MEETING - PAGE 11 OF 12 693 F1 Vill. NEW BUSINESS CONTINUED. F. 2. b) Discussion continued. III The Planning Board voted unanimously at the December 21, 2006 meeting to recommend approval. There was a brief discussion c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. G. Consider Alley Closing Application No. 85, submitted by Steve Alley Closing Application No. 85 was submitted by Steve Dobbs, on behalf of property owner InSite Development LLC. Dobbs on behalf of InSite Development to close the alleyways The purpose of the ordinance is to close the East to West and the North to South alleyways of Block 12 and Block 21, within Blocks 4, 12, 13, 20 and 21, City of Okeechobee Subdivision Okeechobee and the East to West alleys of Block 4, Block 13 and Block 20, Okeechobee. Easements are being City Clerk (Exhibit 6). requested by Florida Power & Light, Embarq and OUA. The property is proposed to be used for a multi -family development. Clerk Gamiotea stated that the blocks will also be re -platted. Mr. Steve Dobbs was present and addressed the Council stating that the plans were ready, and the alleys would be needed for retention. Council remarked that they would like to see the plans. Mayor Kirk and Council Member Markham agreed with City Engineer Bermudez that we should keep the alleys open, that there were too many requested to close. Attorney Cook suggested that the Council proceed with the Ordinance and request a copy of the site plans. They could be reviewed at the first reading. Council can either proceed with the final public hearing, request more information or deny approval of the ordinance. Council Member Watford instructed Attorney Cook to prepare the necessary ordinance to close the alleyways within Blocks 4,12,13, 20 and 21 City of Okeechobee Subdivision for InSite Development LLC (Application No. 85 and that the site plans be submitted for review as well); seconded by Council Member L Williams. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. H. Motion to award the Commerce Center NE 121h Street Extension Bid Council Member Watford moved to award the Commerce Center Northeast 121h Street Extension Bid to the lowest - City Administrator (Exhibit 7). 11 bidder, Telehar Coporation in the amount of four hundred sixteen thousand, six hundred sixty-five dollars and forty-six cents ($416,655.46). 694 JANUARY 2, 2007 - REGULAR MEETING - PAGE 12 OF 12 VIII. NEW BUSINESS CONTINUED. H. Motion to award the Commerce Center NE 12" Street Extension Bid There were three bids submitted: Better Roads, Inc., five hundred seventy-nine thousand, three hundred ninety-five continued. dollars and thirty-five cents ($579,395.35); Community Asphalt Corporation, seven hundred twenty-four thousand, eight hundred twelve dollars ($724,812.00); Telehar Corporation, four hundred sixteen thousand, six hundred fifty-five dollars and forty-six cents ($416,655.46). KIRK - YEA C. WILLIAMS - YEA MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. ITEM ADDED TO AGENDA: Discussion as requested by Council Member Council Member C. Williams remarked that he was looking forward to serving on the Council for the next few years. C. Williams. He commended the Council for putting more emphasis on the Code Enforcement in the City. He would like to see an extra effort by staff, on the clean up of trash, pollution and littering, so we can change the face of our City. He suggested that the Police Department support this effort by enforcing littering citations. He also stated "Great things are going to happen in the City." IX. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media is for the sole purpose of backup for official records of the Clerk. ATTEST:. • . . . j James E. Kirk, Mayor Lane amiotea�:e C.,-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 16, 2007, 6:00 p.m. AFFIDAVIT OF PUBLISHER OKEECHOBEE TIMES 106 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 Meeting Cancellation 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 12/14/2006 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. James A. Hughes, Jr., (Publisher) Sworn to and subscribed before me this day of�r jt✓1� z'� A.D. 2006 „n (SEAL) Notary Public losealee A. Brennan Y ptiii = Commission 4DD318483 .:oQ^ Expires: Jun 25, 2008 9 ... e Bonded Thm i�7 it m-v Atlantic Bonding Co., Inc. CITY COUNCIL MEETING CANCELLATION NOTICE NOTICE IS HEREBY GIVEN that the City Council of the City of Okeechobee regularly scheduled meeting for Tuesday, December 19, 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 January 2, 2007, 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 my person desires to appeal :any decision made by the City Council with respect to any matter considered at this meeting, such interested person will heed a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Tapes are used for the sole purpose of back-up for the Clerk's Office. In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact lane Ganumea, 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 Ganumea. CMC, City Clerk Publish:12/1412006 Okeechobee 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 #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 12/14/2006 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. """'-"""................._,_...,._.....,-.... CITYCOUNCII.MINWING CANCELLATION NOTICE NOTICE IS HEREBY GIVEN that the City Council of the City of Okeechobee regularly scheduled meeting for Tuesday, December 19, 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 January 2, 2007, 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 any decision made by the City Council with respect to any matter considered at this meeting, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Tapes are used for the sole purpose of back-up for the Clerk's Office. In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Lane Gamiotea, no later than two (2) working days prior to the proceeding 'At 963.763-3372 x 214; if you are hearing or voice impaired, call TDD 1-800-222-3448 '(voice) or 1-999-447-5620 (TTY). by: James E. Kirk, Mayor Lane Garmm.a, CMC, City Clerk Publish: 12/14/2006 OkeechobegTimes -_ _----_fib...---"--'--'.----------.`_-_'------ James A. Hughes, Jr., (Publisher) I Sworn to and subscribed before me this 14 --&L day of A.D. 2006 (SEAL) Notary Public JP' Rosealee q. Brendan •o<ra , ua�,, ��• = Commission #DD318483 *= Expires: Jun 25, 2008 9 P Bonded Thru tilt,, \`` Atlantic Bonding Co., Inc. Page -1- CITY OF OKEECHOBEE - January 2, 2007 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Kirk, January 2, 2007, City Council Regular Meeting 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Reverend Bruce Simpson of the First United Methodist Church; Pled e of f Allegiance led by Mayor. Ill. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent Mayor James E. Kirk Council Member Clayton Williams 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. Swearing in of newly elected officials and presentation of a Certification of Election by Honorable William Hendry, Circuit Judge, (Retired): Council Members Lowry Markham, Dowling R. Watford, Jr.,Clayton Williams, and City Clerk Lane Gamiotea. B. Election of Mayor for a two-year term. °°- 11 1. 71_1 C. Preset Bob Peterson with C1 Ten -Year Longevity Se ice Award. i V. MINUTES - City Clerk. A. Council Member. toz 4 /� « 1 `�! moved to dispense with the reading and approve the Summaryjof C unc Action for the December 5, 2006 Regular Meeting, seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS MARKHAM WATFORD L. WILLIAMS MOTION: DENIED RRIED 1 aILI __ �� �-_L�1`�f_ `-ci'�r, �;t.7 j ��z tom✓-��`�{/�`�d=-�c.1 .,12�_- -- _ --- -- — — V1— AGENDA --Mayor, A. Requests for the addition, deferral or withdrawal of items on today's agenda. 1 VII. MAYOR KIRK OPENED THC PUBLIC HEARING FOR ORDINANCE ADOPTION AT P,M, 0 1 01 rnijnnil RAn. k— AP // )_ Ordinance No. 966 regarding Proportionate Fair Share Transportation - City Planning Consultant -rt/b on mo ion -- --------VOTE YEA NAY ABSTAIN ABSENT --- — - KIRK ---------- C. WILLIAMS I L. WILLIAMS —cam— -- orney oo rea propose r mance o. 966 by title only as follows: "ANAMENDMENT TO THE C/TYOFOKEECHOBEELAND DEVELOPMENT CODE CREATINGTHE CITY OFOKEE HDRE_E `PROPORTIONATE FAIR SHARE TRANSPORTATION ORDINANCE; --- - --- CREATING ARTICLE V OF PROVOING FOR -SHORT TITLE, AUTHOR/TYANDAPPLICABILITY, PRO VIDING FOR INTENTAND PURPOSE, ,��_— PROVIDING FOR REQUIREMENTS, APPLICATIONPROCESS, AND DETERMINATIONOFPROPORTIONATEFAIR CREDIT, PROVIDING FOR PROPORTIONATE FAIR SHARE AGREEMENTS; PROVIDING FOR Arr"VFNIA11UN Ul- ►-AIH SHARE REVENUES; PROVIDING FOR CONFLICTS OF LAW, SEVERABILITY, CODIFICATION SCRIVENERS ERRORS, INCI ISION AND CORE AND AN EFFECTIVE DATE." - 2. a) Council Member moved to adopt proposed Ordinance No. 966; seconded by Mr. LaRue explained at the December 5, 2006 meeting, that this ordinance is a state mandate. Attorney Cook had noted at the December 900E meeting that this Will be fopmarded to the Planning Beard for a recommendation as the Local Planning Agency, since it amends the Land Development Regulations. Vote on motion. Page -_B:1: a council lbfember -- mo- -- _ - n- - ved Jo read- by titre only,- and adopt-pr pos—ed - Ordinance No. 967 regarding Sexual Offender Restrictions - City Attorney (Exhibit 2). Attorney Cook readPrQpose-d Ordinance-Flo.__967by title_only-asfollows:_-`-M-ORD/NANCEOFTHE CITY OF OKEECHOBEE IN AND FOR THE CITY OF OKEECHOBEE, FLORIDA, AMENDING - - - CHAPTER-M-OF -THE CITY -OF-­OKEECHOBEE -CODE' --OF---ORDINANCES--BY-pROWDM DEFINITIONS RELATING TO SEXUAL OFFENDERS; ESTABLISHING RESIDENCE RESTRICTIONS-- FOR - CERTAIN --SEXUAL_ OFFENDERS --FRM-SCHOOLS,_CHILD--CARE - __- FACILITIES, OR PUBLIC PARKS AND PROVIDING FOR EXCEPTIONS; PROHIBITING MULTIPLE SEXUAL OFFENDERSFROIG MIDl11TGTOGETHER/N THE SAME DWELLING UNIT OR WITHIN THE SAME MULTI -FAMILY RESIDENTIAL -USE; PROHIBITING_THE ESTABLISHMENT 0F_A_ REHABILITATION FACILITY, HALF -WAY HOUSE, CAMP, RETREAT OR OTHER SIMILAR LODGING FORSEXUAL QF_FENDERS_OR1110111-SEX(- gL_OFFENDERS UNLESSP€RMITT€D BY ZONING DISTRICTS OR AS A SPECIAL EXCEPTION WITHIN THE HEAVY COMMERCIAL, OR INDUSTRIAL Z�OMN CLASSIFICATIONS; THE-LEASM C OFREAL PROPERTY _ TO SEXUAL OFFENDERS 1N VIOLATION OF CHAPTER 38 OF THE CITY OF OKEECHOBEE CODE OF ORDINANCES, -REQUIRING PROSPECTIVE-1ANDL-ORDS TO- CHECK OFFENDER REGISTRY; LIMITING ACCESS OFSEXUAL OFFENDERS TO PUBLIC PARKS AND CHILD CARE FkC1LME$-PROV1DE-FORA SPECIAL EXCEPTION FOR A REHABILITATION FACILITY, HALF_WAYHOUSE, CAMPLRETREAT OR-QTH I3�IMILARLODGRE FOR REHABILITATION IO OFFENDERS AND NON SEXUAL OFFENDERS, PROVIDING TO ADD A SPECIAL EXCEPTION - - FOR BOARDING -._HOUSES_AM___ROOMING-_HOUSES; PROVIDING FOR, _-PENALTIES, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.,, 2. a) Council Member moved to adopt proposed Ordinance No. 967; seconded by - Council Member _ - b) Public comments and discussion. C- P'O� - Attorney Cook advised at the December 5, 2006 meeting, that this ordinance is very similar to the one recently adopted by_the- County, - There -will -be -additional -ordinances-emendingthe- tng drstncts; once -they -_are- discussed by the Planning Board. The 2500 feet may also be changed due to the size of the City. 0A* _ 11 c) Vote on motion. f ,'yam:{ VOTE YE* - MAY ABSTAIN- ABSENT KIRK-�,.- - -G WILLIAMS MARKHAM WATFORD L. WILLIAMS_L AaMOTION: DENI MAYOR KIRK CLOSED THE PUBLIC HEARING AT 57D P,M. rY� rT- D — A. Two-year appointments of Council Members to serve as City Liaison to various Boards: 1. /Central Florida Regional Planning Council (1 member, Lowry Markham currently s�rc -- serve) 1„,. A n/1......,,,.,0 --- 3.-Juvenile Justice Count `' _�.Lm-ember JJim-Kirk . err .ntly sPnve.-0. t .1r,�YY 11 rY��L -- .+v.. Iy .. RBI V14, V1. klu 5. Okeechobee County Health and Healthy Start Coalition (1 member, Lowry Markham currently ------------- 7. Okeechobee Main Street (1 member, Dowling Watford currently serves). 8. R.O.A.D. Program (1 member, Lydia Jean Williams currently serves). HUfficaneQQH9�ousina Re-coveru Program (HHRP) (1 memhe , Dow_ ding Watford - - -----ice �� 4 `� A-7a I .I) , 0 (JPr_� _ , -) , 0 h /-?vim ; , a 11. Treasure Coast Regional League of Cities (1 member, new organization, no one currently serves). 1 f ,ry A G - Page -S- - - Preserrtgon of -the final draft of the City tmpactFee Study = Walfer Kelrer. _ / 3 _ _ _ _ r _ -• `s-��.�LC.�i.'�-� - - 7 C� l la , —_c2%_ — Cc►g21 IV VaL 41-4 1W, - A il- 61, f� k) 41t, Uk x- r L t , --- A4rt-.•.,, I', �O-fv \ �V jDa I /Y A -A AL Al Planning Consultant. Page -6- ,Comnrphpn-,ivp Pmnzi ihmatnic - raw— IT- vic Page -7- - D #:_a) CouncitMember - - - --� - moved -to read -by me only and -set -January M 2007 as a final - public hearing date for proposed Ordinance No. 968, amending the General Employees and OUA Employees' Pension Plan to allow elected officials to opt out of the fund ---General Emplo)Mes Pension Board Secretary,City Clerk Gamiot a-Mxtftit-3 ,.secondedb _Council Member - _ ) y ' - f - _ b) . _ _ -Vote on -motion, VOTE YEA NAY ABSTAIN ABSENT _ KIRK- C. WILLIAMS --MARKHAM - WATFORD C. WILLIAMS _ - -- _ MOTION: DE-NIEC RIED. --c) - -Attorney Cook read-proposed0rdnance No. 96&b Mle CITY OF OKEECHOBEE /NAND FOR THE CITY OF OK CHOfollows- 1f EE, FLORIDA, DING T HE CITYOFOKEECHOBEEAND-EVMtTYAUTHORn YEMPLOYEES'RETIREMENT SYSTEM, ADOPTED PURSUANT TO ORDINANCE NO. 828• AMENDING SECTION 2, _ ME1G►BER6HIF; PROVIDING- FOR --CODIFICATION;PR - - -- ---- OVID/NG FOR SEVERABILITY OF PROVISIONS, REPEALING ALL ORDINANCES CONFLICT HEREIWTHANO PRO-VIDINC AI L_ — - - EFFECTIVE DATE.„ - _ - 2. a Council Member - rri moved to adopt proposed Ordinance No. 968; seconded by Council -Member - b) - _ Discussion. - -- - --- ------ -Paged �•�. .+ .uu uy uuc viny, CUIU Jel repruary b, Luu/ as a final public hearing date for roposed Ordinance No. 969, regarding Alley Closing Application No. 84, su miffed by Brad Aoodbread for Block 46 and Block 1 - City Attorney (Exhibit 4); seconded by Council Member ,� 1 r lam, n VOTE YEA NAY ABSTAIN ABSENT —__ KIRK C. WILLIAMS WATFORD City Attorney to Fead proposed OFdinaflee Ne, 969 b HA CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AS DESCRIBED -— PLAT BOOK 1, PAGE 17 AND BLOCK 1, ROYAL OAK ADDITION, AS RECORDED IN PLAT E H BEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUITCOURTINAND FOR OKEECHOBEE COUNTY, FLORIDA; PROVID/NGFORAN C8uR� Mernbef- No. 969; seconded by Council Member b) Discussion. c) Vote on motion. _ VOTE YEA NAY ABSTAIN ABSENT vIoL C. WILLIAMS WATFORD MOTION: DENIE Page 9- - _ - F: 1:-a Council -Member- ---- moved- to-readyti to -only, and set January-i6, 2G07 _ as a final public hearing dat for proposed Ordinance No. 970, regarding RezoningPetition No. 06- - - — - - --- - -- - - 014-R = City Flanning�onsuftant�EzFbt 5), seconded by Council Member b) Vote on motion. - -- -- - VOTE YEA---IVAY _ _ABSTAIN-_. ABSENT _ IRK --- - _ - C. WILLIAMS -- MARKHAM TFp - - - L. WILLIAMS -MOTION - DENIED/CARRIED: - - - __-- _-- - c) City Attorney to read proposed Ordinance No. 970 by title only as follows: "AN ORDINANCE OF THE C1TYfOBF F NDffi THE-OFF-ICIAL-ZONWGMAPOFOKEECHOBEE BY REZONING NG AA CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, - - F W RESIDENT AL-SfNGLE-FAMI "NE fRSF--tM HEA-VY COMItfiER DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFZONING SEVERABILITYAND-AiVEFFEC77VEDATE; r--- ----__ - - 2-. a) ..__ CouncI-member '� ,1 - - - - - movd to a prove the first reading of proposed Ordinance No. 970i seconded by Council_Member ' rw -- ��c -kc- - - - -- .1 _Page =10_ - G: - Consider-AlteyCtosingAooticatt6rM. 85; 8uW,tWd by Ste veDobbbs on b6half of InSife D6veIopment to close the alleyways within Blocks 4,12, 13, 20 and 21, City of Okeechobee Subdivision -_City Clerk (Ez ibit 6). - - - - -- -- - — h 1c 61JI-1; cd L kan Ji tit t , n Ic &is t' � V � l - i. , We � cAlt.-e_--OtT11, �� Lam., c-A r -_ - - -7rAAk, a Vote on motion. — -- - VOTE - - YEA -NAY- ABSTAIN - ABSEN1 KIRK — - -C' WILLIAMS - MARKHAM WATEORD- _ L. WILLIAMS MOTION: DENIED RRIEa--,'` - Extension Bid to Tel (1) Better Roads, Inc. (2) Community Aspalt (3) Telehar Corporation ion in the amount of four hundred fq§ i ; secon e y Council Member $579,395.35 S724------ 416,655.46 '. I ayw -I i - �re , six hundred Vote on motion. -- -- -- -_yOTE _ YEA NAY ABSTAIN CENT KIRK � — ---- -- _------- ----- ----& I it I WAS--- ------ —------------ MARKHAM - - -- WA-TFORB --- -- - - -- --- L. WILLIAMS IEU IX. MAYOR KIRK ADJOURNED THE MEETING AT P.M. CITY OF OKEECHOBEE JANUARY 2, 2007 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 10F 5 1. CALL TO ORDER - Mayor: January 2, 2007, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Rev. Bruce Simpson, First United Methodist Church; 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. Swearing in of newly elected officials and presentation of a Certification of Election by Honorable William Hendry, Circuit Judge, Retired. Council Members Lowry Markham, Dowling R. Watford, Jr., Clayton Williams, and City Clerk Lane Gamiotea. B. Election of Mayor for a two-year term. JANUARY 2, 2007 - CITY COUNCIL AGENDA - PAGE 2 OF 5 IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED - Mayor. C. Present Bob Peterson with a Ten -Year Longevity Service Award. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the December 5, 2006 Regular Meeting. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor Kirk. A.1.a) Motion to read by title only and adopt proposed Ordinance No. 966, regarding Proportionate Fair Share Transportation - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 966 by title only. 2.a) Motion to adopt Ordinance No. 966. b) Public comments and discussion. c) Vote on motion. 8.1.a) Motion to read by title only and adopt proposed Ordinance No. 967 regarding sexual offender restrictions - City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 967 by title only. IAMIIADV VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.2.a) Motion to adopt Ordinance No. 967. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. Vill. NEW BUSINESS. A. Two-year appointments of Council Members to serve as City Liaison to various Boards: 1. Central Florida Regional Planning Council (1 member, Lowry Markham currently serves). 2. Tourist Development Council (2 members, Lydia Jean Williams and Noel Chandler currently serve). 3. Juvenile Justice Council (1 member, Jim Kirk currently serves). 4. Treasure Coast Council of Local Governments (Dowling Watford currently serves). 5. Okeechobee County Health and Healthy Start Coalition (1 member, Lowry Markham currently serves). 6. Workforce Regional Development Board (1 member, Jim Kirk currently serves). 7. Okeechobee Main Street (1 member, Dowling Watford currently serves). 8. R.O.A.D. Program (1 member, Lydia Jean Williams currently serves). 9. Hurricane Housing Recovery Program (HHRP) (1 member, Dowling Watford currently serves). 10. Economic Council (1 member, currently no one has been appointed). 11. Treasure Coast Regional League of Cities (1 member, new organization, no one currently serves). B. Presentation of the final draft of the City Impact Fee Study - Walter Keller. C. Discuss the deadlines and procedures for 2007, regarding the Comprehensive Plan submittals - City Planning Consultant. D.1.a) Motion to read by title only and set January 16, 2007 as a final public hearing date for proposed Ordinance No. 968, amending the General Employees' and OUA Employees' Pension Plan to allow elected officials to opt out of the fund - General Employees' Pension Board Secretary, Lane Gamiotea (Exhibit 3). 2007 - CITY COUNCIL AGENDA - PAGE 3 OF 5 JANUARY 2, 2007 - CITY COUNCIL AGENDA - PAGE 4 OF 5 VIII. NEW BUSINESS CONTINUED. DAM Vote on motion. c) City Attorney to read proposed Ordinance No. 968 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 968. b) Discussion. c) Vote on motion. E.1.a) Motion to read by title only and set February 6, 2007 as a final public hearing date for proposed Ordinance No. 969, regarding Alley Closing Application No. 84, submitted by Brad Goodbread for Block 46 and Block 1- City Attorney (Exhibit 4). b) Vote on motion. c) City Attorney to read proposed Ordinance No. 969 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 969. b) Discussion. c) Vote on motion. F.1.a) Motion to read by title only and set January 16, 2007 as a final public hearing date for proposed Ordinance No. 970, regarding Rezoning Petition No. 06- 014-R - City Planning Consultant (Exhibit 5). b) Vote on motion. c) City Attorney to read proposed Ordinance No. 970 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 970. JANUARY 2, 2007 • CITY COUNCIL AGENDA - PAGE 5 OF 5 Vill. NEW BUSINESS CONTINUED. F.2.b) Discussion. c) Vote on motion. G. Consider Alley Closing Application No. 85, submitted by Steve Dobbs on behalf of InSite Development to close the alleyways within Blocks 4,12,13, 20 and 21, City of Okeechobee Subdivision - City Clerk (Exhibit 6). H. Motion to award the Commerce Center NE 1211 Street Extension Bid - City Administrator (Exhibit 7). IX. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. PUBLIC HEARING NOTICE CITY COUNCIL The City of Okeechobee CITY COUNCIL will meet in the Council Chambers on Tuesday, January 2, 2007 at 6:00 p.m., or as soon thereafter, to consider the following: ■ 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. ■ 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. 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 hearing, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 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 863-763-4423; if you are hearing or voice impaired, call TDD 1-800-2 2-3448 (voice) or 1-888-447-5620 (TTY). by James E. Kirk, Mayor Lane Gamiotea CMC, City Clerk ExniBIT 1 JANUAW 2, 2007 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 sub -chapter 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 sub -chapter in accordance with the provisions of Florida Statutes Chapter 163.3180(16). C. The provisions of this sub -chapter 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. D. This sub -chapter shall not apply to multi -use Developments of Regional Impacts (DRIs) orto developments exempted from concurrency orto developments creating minimum impacts. Page 1 of 7 Section 78-202. Intent and purpose. The purpose and intent of this sub -chapter 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 sub -chapter, 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 (CIP). 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 TransMrtation 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 S sy tern. 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 sub -chapter, 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 sub -chapter which contains any express provisions excluding such construction or where the subject matter or content of such section would be inconsistent with this section. A. Generally. All provisions, terms, phrases, and expressions contained in this sub - Page 2 of 7 chapter 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 sub -chapter, 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 sub -chapter and any figure, the text shall control. C. Delegation of authori . 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. Aword 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: The City adds the improvement to the five (5) year CIP 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, Page 3 of 7 2. If the funds in the five (5) year CIP are insufficient to fully fund the 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. 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. Page 4 of 7 4. No proportionate fair share agreement shall be effective until approved by the City Council. 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: 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 Page 5 of 7 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 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 sub -chapter. 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 non- refundable. 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 sub -chapter 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 sub -chapter 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 orderwill 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 non-refundable. 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 Page 6 of 7 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. 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 51' day of December, 2006. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 2"d day of januapy, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 7 of 7 Proportionate Fair -Share Program Mitigation of Transportation Impacts Proportionate Transportation Fair -Share Program ■ Why this is required? ❑ SB 360 in 2005 ❑ Development community wanted option to pay and go ❑ Deadline for adoption of ordinance December 1, 2006 (at least by December 31) 1 Actions to Implement Memorandum of Understanding on the Implementation of a Uniform Transportation Concurrency Management System and Proportionate Fair -Share Program for Okeechobee County o County, City, CFRPC & FDOT ■ Uniform Ordinance for Transportation Proportionate Fair -Share Mitigation u Both the City and the County adopt their own ordinance Fair -Share Payment: Proportionate Fair Share = ENDevelopment Tripsi) ! (SN' Increase;)] s Cost; Amount of road capacity consumed by the new development multiplied by the cost of providing the capacity CFRPC K Impact Fee Credit: ■ Impact fee credits (some) must be given against the proportionate share payment. • How impact fee credits are given will vary by local government because each transportation impact fee is based upon a different study and methodology. • Proportionate Share should never be less than impact fee. Proportionate Transportation Fair -Share Program Summary Points: ■ Proportionate Share only applies when: ❑ There is a Concurrency failure ❑ Level of Service falls below the standard set in the Comprehensive Plan ❑ The Developer volunteers to pay ❑ The additional funding is available from other sources 3 Proportionate Transportation Fair -Share Program Summary Points: ■ Local governments can still use Developer Agreements ■ A School Proportionate Fair -Share Ordinance will be due by December 1, 2007 Proportionate Transportation Fair -Share Program ■ CFRPC's Role Options: a Coordinate with County & city to adopt ordinance • Party to Memorandum of Understanding • Develop Concurrency Management System (CMS) o Update Transportation Element ❑ Options: ■ manage concurrency management system ■ transportation reviews of all develop approvals 4 PUBLIC HEARING NOTICE CITY COUNCIL The City of Okeechobee CITY COUNCIL will meet in the Council Chambers on Tuesday, January 2, 2007 at 6:00 p.m., or as soon thereafter, to consider the following: ■ 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. ■ 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. 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 hearing, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 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 863-763-4423; if you are hearing or voice impaired, call TDD 1-890-222-3448 (voice) or 1-888-447-5620 (TTY). C /`k t •� .•tj 1 by James E. Kirk, Mayor Lane Gamiotea CMC, City Clerk r . EXHIBIT 2 JARuARY 2, 2007 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 BYZONING DISTRICTS ORAS 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 Page 1 of 6 safeguards; and 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 111. 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. Page 3 of 6 (b) The residence restricted sexual offenderwas a minorwhen 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. (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 fwww.fdle. state. fl. usl or National Sex Offender Registry fwww.nsor.orgl 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 11, 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. Page 4 of 6 (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. (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 Page 5 of 6 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. INTRODUCED for first reading and set for final public hearing this 51h 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, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 6 of 6 EXHIBIT 3 JAmuARY 2, 2007 ORDINANCE NO. 968 AN ORDINANCE OF THE CITY OF OKEECHOBEE IN AND FOR THE CITY OF OKEECHOBEE, FLORIDA, AMENDING THE CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES' RETIREMENT SYSTEM, ADOPTED PURSUANT TO ORDINANCE NO. 828; AMENDING SECTION 29 MEMBERSHIP; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. 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. That the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System, adopted pursuant to Ordinance No. 828, Section 2, Membership, is hereby amended to read as follows: SECTION 2. MEMBERSHIP. Conditions of Eligibility. A. All General Employees as of the Effective Date, and all future new General Employees, shall become Members of this System as a condition of employment. B. Notwithstanding the previous paragraph, the current City Administrator and any future City Administrator or Administrative Assistant and the current or future Executive Director of the Okeechobee Utility Authority may, in the event he has elected to participate in another pension program, within the first sixty (60) days of his employment as City Administrator or Administrative Assistant or Executive Director, notify the Board and the City of Okeechobee (with respect to the City Administrator or Administrative Assistant) or the Okeechobee Utility Authority (with respect to the Executive Director), in writing, of his election to not be a Member of the System. In the event of any such election, he shall be barred from future membership in the System. C. Notwithstanding any provision herein to the contrary, the current City Administrator as of April 1, 2001, may, in the event he has elected to participate in another pension program on or before June 1, 2001, notify the Board and the City of Okeechobee, in writing, of his election to opt out of the System. In the event of such election, the Board shall refund the Accumulated Contributions to the City Administrator and he shall be barred from future membership in the System. D. Notwithstanding any provision herein to the contrary, any current elected official who is a member of the System may elect, in writing, within thirty (30) days of the adoption of the ordinance adopting this paragraph, to discontinue membership and opt out of the System. In the event of such election the Board shall refund all Accumulated Contributions and the elected official shall be barred from future membership in the System. E. Notwithstanding any provision herein to the contrary, any future elected official may, within sixty (6�days of taking office, elect to discontinue membership in the System and receive the return of all Accumulated Contributions. In the event of such election the elected official shall be barred from future membership in the System. Page 1 of 2 SECTION 2. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. If any section, subsection, sentence, clause, phrase of this ordinance or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 4. That this Ordinance shall become effective upon adoption. INTRODUCED for first reading and set for final public hearing this 2 nd day of January, 2007. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 16' day of January, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 EXHIBIT 4 JANUMM 29 2007 ORDINANCE NO. 969 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 46, FIRST ADDITION TO SOUTH OKEECHOBEE AS RECORDED IN PLAT BOOK 1, PAGE 17 AND BLOCK 1, ROYAL OAK ADDITION, AS RECORDED IN PLAT BOOK 1, PAGE 8, 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. 84) from Bradley G. Goodbread, on behalf of George Goodbread, GAGBEE, Inc, and G-4 Land N Cattle Company, 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 between Lots 4 and 5 of Block 46, First Additional to South Okeechobee according to the plat thereof recorded in Plat Book 1, Page 17 and between Lots 1 through 4 and 5 through 8 of Block 1, Royal Oak Addition, according to the plat thereof recorded in Plat Book 1 Page 8, 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 6'' day of ar Februy 2007, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 2"d day of January, 2007. Page 1 of 2 ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED and ADOPTED on second and final public hearing this 61h day of February, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION Please type or print: The foregoing instrument was &�G I—r and (appiic nt) who produced Signature of Co -Applicant Print Name acknowledged before me this p e I , / by who i ersoraall know me or (co -applicant) as identification and who did (did not) takeyoath. Notary Public, Commission No.4D �03,5� (signature) 7 MEUSA M. EDDINGS MYCOMMISSION 000403572 ame of Notary typed, printed or stamped) EXPIRES: March 7, 2009 �i. Banded ThN Notary Pub1k UMerwnlers December 6, 2006 I, George A. Goodbread, President of G4 Land & Cattle Company and Gagbee, Inc., hereby authorize Bradley G. Goodbread to sign as applicant on my behalf. This letter is in reference to the Partial Alley Closing located in the 100 block of the South side of Southwest 21 st Street. The legal descriptions are as follows: George A. Goodbread Lots 1 and 7, Block 46, First Addition to South Okeechobee Lot 10, Block 46, First Addition To South Okeechobee Lots 7 and 8, Block 1, Royal Oak Addition GAGBEE, Inc. Lots 1 through 4 Block 1, Royal Oak Addition Lots 2 through 4, Block 46, First Addition to South Okeechobee G-4 Land & Cattle Company Lots 5 and 6, Block 1, Royal Oak Addition SianatOre Printed Name: George A. Goodbread STATE OF Florida COUNTY OF Okeechobee Sworn to (or affirmed) and subscribed before me this '2 day of �' 4 r `� ���- , 2006, by G SOtz" Ga- 0 2e t ^ " , personally known to me or produced a as identification. _ _. o�aM''' �;."•' �lofl a+Di135J518 C ; DEC. 09, 2008 taryPublic aw;,� �Q° Bonded `rhrn i,,�r��lfe`y� `�YlBIIiiC BnIIdiII$C.•,IIIC• Preoared by and return r JOHN D. CASSELS, JR, Attorney at Law Cassels & McCall P.O. Box 968 400 NW Second Street Okeechobee, FL 34973 Clli tSN. i ii::: `. s5' F'G 15 2';; 6HARON RUBERTt.ui CLERK OF CIRCUIT COURT (!ftCf:C11UESEl: CoUlll , FL I4.1.URDED 04!27.'?')04 10:06:18 Ail RECURRING F[EF DEED DOC 1r580,I1ii h:ECORDEIi B'i G :b:::,holmn File No.: 1252 C(. Parcel Identification No. 3.28-37-35-0060-00010.0030 (Space Above Tnis Line For Recording Data] h Warranty Deed (STATUTORY I'ORM - SECTION 689,02, F.S,) This Indenture made this 26th day of April, 2004 Between SAFARI HUT, INC., a Florida corporation whose post office address is 705 SE 11th Avenue, Okeechobee, FL 34974 of the County of Okeechobee, State of Florida, grantor', and GAGBEE, INC., a Florida corporation whose post office address is 12575 Hwy, 70 E, Okeechobee, FL 34972 of the County of Okeechobee, State of Florida, grantee". Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold tc the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County Florida, to -wit: Lots 3 and 4, Block 1, ROYAL OAK ADDITION, according to the plat thereof recorded in Plat Book 1, Page 8, of the Public Records of Okeechobee County, Florida. Subject to restrictions, reservations and easements of record, if any, and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. " "Grantor" and "Grantee" are used for singular or plural, as context requires. 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 SAFARI fI C, .r J 21 BY:. Z Isl Wjaness-Signaltfre J BECKY MARSH, Presiticnt IS( WiVess-Print Name -�� ign�lnire U l L! L11J1Lt a 1 S 'nd Witnes -Print Name State ol'Florida County of Okeechobee I'he foregoing insu•untent was acknowledged before nic This day of April, 004 by REBECCA l.. MARSH, President of Safari Ili Inc„ a Florida corporation, on behalf of the corWPrinted s personally known to me or [_] has produced -------- — as iclentiflc (Notary Seal] ,r+. Kern Ammonsf � My Commission 00211090 Expires July 11, 2007 My Commission Expires: VP/26/2VU9 02:02 FAX Parcel ID Number 3.28.37-35.0050.00460.0020 & 3.28.37.35-0060-00010.0010 Prepared by and Relum to: Okao-Taniie Title Company, (no, 105 N. W. 6th Street Okeechobee, Florida 34972 383431, Warranty need This Indenture, Executed this January 7, 2003 A,D. Derween SAMUEL D. EVERETT, JR., A married person, whose address is P.O. Box 507, Okeechobee, FL 34974, hereinafter called the grantor, to GAGBEE, INC., A Florida Corporation, 2 002/004 ril_!:D FOR rCCO ,D CUI.INT Y, it 03 JAN 10 PH 4. 27 CLERK I?OF CIRCUIT COURT whose post office address Is; 12575 liighway, 70 Past, Okeec)obee, FL 34972, hereinafter called the grantee; (whenever used haroin the term "grsnior' and "tr anme" IncluJe all the ponies w this instrument and the heln, loss) rcpresenuwvoe and uslans of indlyldualt, and the sueoesiora and sedans oreorporations) Wituesseth, that the grantor, for and In consideration of the sum of Ten Dollars, (S10,00) and other valve considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, alions, remises, releases, conveys and confi unto the grantee, all that certain land situale in Okeechobee County, Florida, viz; Lots 2,3 and 4, Block 46, FIRST ADDITION TO SOUTH OKEECHOBEE, according to the Plat tberesofrecorded in Plat Book 1, Page 17, Public Records of Okeechobee County, Florida, These tots lying is and comprising a pan of that part of the East 1/2 of Northeast 1/4 of Section 28, Township 37 South, Range 35 East, lying West of Parrott Avenue, Lees the South 519.3 feet thereof, AND Lots 1 and 2, Block 1, ROYAL OAKS ADDITION, according to the Plat thereof recorded In Plat Book 1, Page 8, Public Records of Okeechobee County, Florida. These lots lying in and comprising a part of the South 519.3 foot ofthe Southeast 1/4 of Northeast 1/4 of Section 28, Township 37 South, Range 35 East, lying West of Parrott Avenue. Grantor herein Warrants that the above property is not his homestead under the laws and constitution of the State of Florida, Parcel ID Ntunbert 3-28-37-3$-0050-00460-0020 and 3-28.37.39-0060-00010-0010 Subject to covenants, restrictions, easemenis of record and taxes for the current year, Together with all the tenements, hereditamcnts and appurtenances thereto belonging or in anywise appertaining, To Have and to Hold, the same lit fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; tha grantor has good right and lawful authority to sell and convey said land; that the grantor hereby Rtlly warrauts the title to said land and defend the same against the lawful claims of all persons whomsoever; and that said land is tree of all encumbrances except taxes seer subsequent to December 31, 2002. In Witness 'Whereof, the said grantor has signed and sealed these presents the day and year first above written, (Seal 1MUEL D. EVERETT, dre4a: P.O. Box 507, Okeechobee, FL 34974 State of Florida County of Okeechobee i The foregoing instrument was acknowledged before me ih;s January 7, flV ed a, is/are personally known to me or who has produced a drivcra licens Idea Documentary ramps paid in th Ifit Motary bl $ p�y rint Namai CltssS C intan(1,IAt T,7x Pilid ',n trt! en10unt My Comrnlut ' lift Nnnee Joe Ellerboo at$ .:,,,j 6t9t�rTF!fSsl 573 ES Uacember 1, 2005 File Numbor; 20914 Sharon ROhet'son, clerk of Clrcuit Court h!,t aeHOttl Iv4U IaeV IAN WWau+eE a,c Okeaoholvm C�d'umyy, FFFllonda DEED Okeechobee Mawwl �G�_ Closers' Choice T n"u..m mn""""" nw"111 IIIU"I) 011 - ) �J 6-(B'S� �...1......FILE NUN 20ID4013443 37µ.to OR BK 00537 PG 1658 D 5_ SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYP FL RECORDED 07/26/2004 08:43:44 AM RECORDING FEES 18.50 DEED DOC 374.50 RECORDED BY M A BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENTnuP TRUST FUND OF THE STATE OF FLORIDA QUITCLAIM DEED Deed Number 31142 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA is by Section 253.03, Florida Statutes, authorized and empowered to convey tain lands under the terms and conditions set forth herein; , WHEREAS, said BO 0 TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STAT� ..0F ORIDA did approve this transfer on the �st day of M A / l NOW, THE 0 Lh undersigned BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, as "GRANTOR", under authority of Section 253.03, Florida Statutes, for and in consideration of the sum of Fifty Three Thousand Five Hundred and no/100 Dollars ($53,500.00) and other good and valuable considerations, to it in hand paid by George A. Goodbread, whose address is 1200 S. Parrott Ave, Okeechobee, Florida 34974 as "GRANTEE," has remised, released conveyed and quitclaimed, and by these presents does remise, release, convey and quitclaim unto GRANTEE, his heirs, and assigns forever, all the right, title, interest, claim and demand which GRANTOR may have in and to the following described lands in Okeechobee County, Florida, to -wit: Lot 10, Block 46, FIRST ADDITION To SOUTH OKEECHOBEE, being a subdivision in sections 21 and 28, Township 37 South of Range 35 East, according to Plat thereof recorded in Plat Book 1, Page 17, Okeechobee County, Florida, public records, less and except all sovereignty lands. Lots 7 and 8, Block 1, ROYAL OAK ADDITION, being a subdivision in section 28, Township 37 south of Range 35 East, according to plat thereof recorded in Plat Book 1, Page 8, Okeechobee County, Florida, public records, less and except all sovereignty lands. TO HAVE AND TO HOLD the above -described 1 OR subject o7a lG 1659 outstanding easements, reservations and other interests. SAVING AND RESERVING unto GRANTOR and its successors an undivided three -fourths interest in, and title in and to an undivided three -fourths interest in, all the phosphate, minerals, and metals that are or may be in, on, or under the said land and an undivided one-half interest in all the petroleum that is or may be in, or under the said land with the privilege to mine and develop the same. IN TESTIMONY WHEREOF, the members of the BOARD OF TRUSTEES OF THE INTERNAL IMPRO T TRUST FUND OF THE STATE OF FLORIDA have hereunto subscribe th 'r names and have caused the official seal of said BOARD OF TRU EE OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORID e hereunto affixed in the City of r Tallahassee, Florida, n day of U IU , A.D. 2003. ( SEAL ) BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA APPROVED AS TO FORM AND LEGALITY By: 014� 1 DEP torney This instrument prepared by: Dianne H. Reed Bureau of Public Lands Administration Division of State Lands 3900 Commonwealth Blvd, MS 130 Department of Environmental Protection Tallahassee, Florida 32399-3000 Page 2 of 2 Trustees' Quitclaim Deed #31142 CHARLT-E CRIST COMMISSIONER OF AGRICULTURE As and Constituting the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA C4-rr, l0 9 1 �A����I�I�IIIIIIII��II�IWuII �Q9e 1 1EQPQL q-!2y n QLrn.1Q JOHN O. CASSELS, JR. Attorney at Law Cassels & McCall P.O. Box 968 400 NW Second Street Okeechobee, FL 34973 File No.: Parcel Identification No. 3.28.37.35.0060.00010.0050 F ILE NUt`I 3�7r>4Clr_rr�71? C7 Fi Es K ID t: t 21 F• G 1_l r_r SHARON ROBERT60hr CLERK OF CIFCUIT CDUF'I' OKEECHOBEE COUIfr'f, FL RECORDED q1/15/;?inj¢ 93;�7;41 PM RECORDING FEES G,ti DEED DOC 980.1 RECORDED BY M rr,ol [space Above This Line For Recording Data) � a Warranty Deed IS'I'A I I'ORY I ()KN4 . SI-IC" I'ION 689.02, P.S.) Ti,i..s IndcnIurc made this 15th day of January. 2,004 13chvecn Safari Hut, Inc„ a Florida corporation whose post office address is 705 SE 11th Avenue, Okeechobee, FL 34974 of the County of Okeechobee State of Florida. grantor, and G-4 LAND & CATTLE COMPANY, a Florida corporation whose post office address is 12575 Hwy 70 East, Okeechobee, FL 34972 of the County of Okeechobee State of Florida, grantee', Witnesscth that said grantor, for and in consideral!on of the sum of TEN AND NO1100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being it Okeechobee County Florida, to -wit. Lots 5 & 6, Block 1, ROYAL OAK ADDITION, according to the plat thereof recorded in Plat Book 1, Page 8, of the Public Records of Okeechobee County, Florida. Subject to restrictions, reservations and easements of record, if any, and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. "Grantor' and "Grantee" are used ro• singular or piural, as context requires. In Witrtoss Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence t „fit Wi�i, ss-I'rinl�une 2nt W' n s5'.'ignttturc 1 211d Wit css-Prins Nantr 4. Slide cif Florida Coumy of Okeechobee Safari HIII,Jn iJ RP.I31?CCA I.,, MARSI I. Presidrm 1'1c foregoing insu'unrcnl watt ucknowledgrd bcli>rr 1, u,,, 1 ilh day uh.lan ary, 2004 by RL'i I.. MARSH ol-Snlbri I lul. Inc.. a I'lorida corlmrnlion, un behall'of the cr+loll Ile/she Ik_ is personally knowli to lie ur )has produced ;isiduohl)ruinn ,rs'• Karin Ammons r�, v • My Commission DD2i rB96 �. �Nouu'v Si - a •. �... i...1�1-'i l�i.i.ri_i........,......... _ n Expires Jury 11, 2tw7 Noll Ft blic Printed Name: _i I'1ih0� e My, commission 1:xpires: PQa e 8' Page 2 ignature Typed Name & Title Authorized Slg�ture Typed Name & Title Phone No. Phone No. )-/ l' ®6 Date Date I nature Typed Name & Title Phone No. Date / C5 ICk7j� z���r�Pc �<- �j✓� �i tech /"�J %�� c� Z /i� f%� 6�A`rize Si nature Typed Name & Title Phone No.---Da7ttee uired Oni For City of Okeechobee & First Addition to city of vKeecnouee suomvisions: Authorized Signature Typed Name & Title Phone No. Date 03/29/2006 WED 8; 36 FAI 8883137338 Sprint 0 A March 29, 2006 Mr. Bradley G. Goodbread Goodbread Ranches 12575 Highway 70 East Okeechobee, Florida 34972 ,.��001/001 John A. Hopkins 555 Lake Border Dr. PLAPKA0305-3006 Apppka, FL 32703-5815 Dear Mr. Goodbread: I am in receipt of your letter of February 15, 2006. Sprint -Florida, Inoorporated has no objection to closing the two alleys which you describe In your letter and illustrate in the attachments, being more particularly described as: The North/South alley bisecting Block 46, First Addition to South Okeechobee and Block 1, Royal Oaks Subdivision. and The EastNVest alley bisecting Block 18, City of Okeechobee, Please call me should further discussion be needed. Y urs truly, John Hopkins Real Estate Manager 407-889-1627 Authorized Signature Date Authorizea signature wale Iamie Rtwtscn, Public Works Director Cyr 15 r=r3gi., Ci#yt]n?r+2r Typed Name & Title Typed Name & Title Danw DaAs, Chief of Police Typed Name & Title �. 'y vvrrtr r�r t x x } ^r Y Authorized Signature Date Herb snith, Fire Chief Typed Name & Title 4 r l f y �i orized Si nature Brian,fhitehall, City Pcininistrator Typed Name & Title APPLICATION APPROVED BY: LANE GAMITOEA, CITY CLERK DATE Date Revised 4/3/03-LG 1©134 ' • Vlal� .� ,�•- E sue- 4 i IEmlBIT S JAMARY 2, 2007 ORDINANCE NO. 970 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Mr. Bradley Goodbread, on behalf of the property owner(s), G-4 Land and Cattle Company and George A. Goodbread, of the property more particularly described hereafter, has heretofore filed Petition No. 06-014-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 1.015 acre(s) from Residential Single Family -One (RSF-1) Zoning District to Heavy Commercial (CHV) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning petition; and WHEREAS, said petition(s) being reviewed by the City's Planning Board at a duly advertised meeting held on December 21, 2006, and submitted by staff report, which determined such petition(s) to be consistent with the Comprehensive Plan and is appropriate with the zoning uses within the City; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and hereby finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth; NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: Parcel 1: Lot 7 of Block 46, FIRST ADDITION TO SOUTH OKEECHOBEE, according to the Plat thereof recorded in Plat Book 1, Page 17, Public Records of Okeechobee County, Florida, less and except the North three (3) feet thereof. Parcel 2: Lot 10 of Block 46, FIRST ADDITION TO SOUTH OKEECHOBEE, according to plat thereof recorded in Plat Book 1, Page 17, Okeechobee County, Florida, public records, less and except all sovereignty lands. Parcel 3: Lots 7 and 8 of Block 1, ROYAL OAK ADDITION, according to plat thereof recorded in Plat Book 1, Page 8, Okeechobee County, Florida, Public Records, less and except all sovereignty lands. Page 1 of 2 Parcel 4: Lots 5 and 6 of Block 1, ROYAL OAK ADDITION, according to the plat thereof recorded in Plat Book 1, Page 8, of the Public Records of Okeechobee County, Florida. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV) Zoning District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 2nd day of Januarv, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 16th day of Januarv, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor City of Okeechobee General Services Department 55 S.E. 3" Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext.218 Fax: (863) 763-1686 Date: I DD Petition No. _ 0 I LF_ Fee Paid: mr Jurisdiction: + 1st Hearing: f � 2nd Hearing: t E, E, Publication Dates: ��t+i 1,0 u ; 151pr7 1 Notices Mailed: IDI �-AQ.L: Uniform Land Use Application Rezone • Special Exception • Variance ✓ Name of property owner(s): A-. - AL , � fit. N o A Owner mailing address: j Z,rj75 ?Z P ' P Name of applicant(s) if other than owner (state relationship): �� O L L I Applicant mailing address: 1 Z 5 -15 h�60Zo 4r ©Ke 3 WILA C Name of contact person (state relationship): N T Contact person daytime hone(s): t4- Z/ Z�i Fax: q&7-Z DO ✓ Property address / directions to property: ?t 0 D S • Indicate current use of property: ry t �A r�� Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): O P'3 Approximate number of acres: 0.(,47 35Aproperty in a platted subdivision? /fa P R Is there a current or recent use of the property that is/was a violation of county ordinance9 if so, describe: d t� O P E Have there been any land use applications concerning all or part of this property in the last year? if so, indicate date, nature and applicant's name: r4p R Is a sale subject to this application being granted? M (D T Y Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: N b Describe adjoining land uses / improvements to the North: 60 fnMERC4A-L- VOW W :2,14 IPj f South: East: &West: ICES J>i70n Existing zoning: / Future Land Use classification: Actions Requested: (t!!!5-Rezone �_) Special Exception Variance Parcel Identification Number: - - �� •ppt� , p� 0 A �-I--t>- -V100 ✓ Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by AC'oec b in processing my request. False or misleading information may be punishable by a fine of up to s f up to 30 days and may result in the summa-.y denial of this application. Mir AD 7 A(O ✓ ZOO Printed Narnt Date i4er6c 2 lit t�- (OItdE 1 IK�c-g- Uniform Land Use Application (rev. 1/03) Page I of 2 L "cx Current zoning classification: Requested zoning classification :� v It What is your desired permitted use under the proposed classification: E' Z. O N If granted, will the new zone be contiguous with a like zone? / E. Nv Variance? AID Is a Special Exception necessary for your in use? Describe the Special Exception sought: S P E C Provide specific LDR ordinance citation: I A L Are there other similar uses in the area? Is so, describe: E X C E Why would granting your request be in the best interest of the area and residents. P T 1 0I f business_ briefly describe nature including number of employees; hours, noise generation and activities to e conducted outside of a building_ N Describe Variance sought: V A R . Describe physical characteristic of property that makes variance necessary: I A N C Did you cause or contribute to the characteristic? Is so, describe: E What is the minimum variance necessary? Page 2 of 2 Uniform Land Use Application (rev. 1/03) p I 10®1MIGNIN `�8.5d FILE HUM 2004013443 OR BK 00537 PG 1658 Dom- SHARON ROBERTSON► CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY► FL RECORDED 07/2612004 08=43=44 AM RECORDING FEES 1B.50 DEED DOC 374.50 RECORDBOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENTnuez TRUST FUND OF THE STATE OF FLORIDA QUITCLAIM DEED Deed Number 31142 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA is by Section 253.03, Florida Statutes, authorized and empowered to convey tain lands under the terms and conditions set forth herein; WHEREAS, said B ' O TRUSTEES OF THE INTERNAL, IMPROVEMENT TRUST FUND OF THE STATE ORIDA did approve PProve this transfer on the � day of MQ NOW, THE 0 undersig ned BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, as "GRANTOR", under authority of Section 253.03, Florida Statutes, for and in consideration of the sum of Fifty Three Thousand Five Hundred and no/100 Dollars ($53,500.00) and other good and valuable considerations, to it in hand paid by George A. Goodbread, whose address is 1200 S. Parrott Ave, Okeechobee, Florida 34974 as "GRANTEE," has remised, released conveyed and quitclaimed, and by these presents does remise, release, convey and quitclaim unto GRANTEE, his heirs, and assigns forever, all the right, title, interest, claim and demand which GRANTOR may have in and to the following described lands in Okeechobee County, Florida, to -wit: Lot 10, Block 46, FIRST ADDITION TO SOUTH OKEECHOBEE, being a subdivision in sections 21 and 28, Township 37 South of Range 35 East, according to Plat thereof recorded in Plat Book 1, Page 17, Okeechobee co Florida, public records, less and except all sovereignty lands. unty, Lots 7 and 8, Block 1, ROYAL OAK ADDITION, being a subdivision in section 28, Township 37 South of Range 35 East, according to plat thereof recorded in Plat Book 1, Page 8, Okeechobee County, Florida, lic records, less and except all sovereignty lands_ Pub OR B.Y. 00537 PG 1659 TO HAVE AND TO HOLD the above -described lands subject to all outstanding easements, reservations and other interests. SAVING AND RESERVING unto GRANTOR and its successors an undivided three -fourths interest in, and title in and to an undivided three -fourths interest in, all the phosphate, minerals, and metals that are or may be in, on, or under the said land and an undivided one-half interest in all the petroleum that is or may be in, or under the said land with the privilege to mine and develop the same. IN TESTIMONY WHEREOF, the members of the BOARD OF TRUSTEES OF THE INTERNAL IMPROV24W TRUST FUND OF THE STATE OF FLORIDA have hereunto subscribe /1 th r names and have caused the official seal v of said BOARD OF TR eEE F THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORID a hereunto affixed in the City of st T Tallahassee, Florida, i � day of J UIL,i , A.D. 2003. (SEAL) BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA 7-%ff I, /J CHARLI'E CRIST ATTORNEY NERAL TOM GALIWGNR CHIEF RINMIAL OFFICER APPROVED AS TO FORM AND `0 LEGALITY C S H. BRONSON COMMISSIONER OF AGRICULTURE DEP torney As and Constituting the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA This instrument prepared by: Dianne H. Reed Bureau of Public Lands Administration Division of State Lands 3900 C®onwealth Blvd. MS 130 Department of Environmental Protection Tallahassee, Florida 32399-3000 Page 2 of 2 Trustees' Quitclaim Deed #31142 C'a� loci I Inalloommill P__@r Dared by and return to: JOHN D. CASSELS, JR. Attorney at Law Cassels 3 McCall P.O. Box 968 400 NW Second Street Okeechobee, FL 34973 File No.: Parcel Identification No. 3-28-37354O60-00010-0060 FILE NUM 2004000712 OR SK 00521 PG 0!50S SHAM ROBERTSWr CLERK OF CIRCUIT COtIRT RECORDED 14/13/200� 03r27.41 Ph RECORDING FEES 6.00 DEED DOC 980.0o RECORDED BY II Anuez 0. (Space Above This Line For Recording Data] Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 15th day of January, 2004 Between Safari Hut, Inc., a Florida corporation whose post office address is 705 SE IIth Avenue, Okeechobee, FL 34974 of the County of Okeechobee, State of Florida, grantor*, and G-4 LAND & CATTLE COMPAN , 1 a corporation whose post office address is 12575 Hwy 70 East, Okee cho ee, o e o eechobee, State of Florida, grantee•, Witnesseth that said grantor, for an con i eration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideratio to d antor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargain the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and I eechobee County Florida, to -wit Lots 5 6, Block i, ROYAL OAK AD 1 c r)8ipg to the plat thereof recorded in Plat Book 1, Page 8, of the Public Records of Okeechobee Coun Fi�ri Subject to restrictions, reservations and easements of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. "'Grantor" and "Grantee" are used for singular or plural, as context requires 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: Safari Hut„In f BY: / REBE CA L. MARSH, President Stateof Florida County of Okeechobee The foregoing instrument was acknowledged before me this 11 day of Ja ary, 2004 by REBECCA L. MARSH of Safari Hut Inc., a Florida corporation, on behalf of the corporation. He/she is personally known to me or [ ]has produced as identification. +r Kahn Anwicre NNotary Seal] j MY cG" rr� WM owl low �+ „r E*WftJ ry ll, 2oo7 Notary blic Printed Name: D My Commission Expires: i eK0494 PSI 020 D- 4Y5 ,DO FLED FOR RECORD otc A This Dwomeot Prepared BY OW Meters ea R. H. Barber 384 886 LBSTRArr & TITLE XNSUR7►NCE 03 FEB -7 PN 4= AOXERCROBBa 207 NN 2nd street Okeechobee, FL 34972 COURT CLERKROF CIRCUIT Prrea tDNsmber: 3-28-37-35-0050-00460-0010 Warranty Deed This Indenture, Made this 2nd day of January , 2003 A.D. DAVID M. CONLON and ROSE M. CONLON, his wife or 9m County of Okeechobee , Stem or Florida GEORGE GOODBREAD, a single man whasc addma w 12575 Hwy t. or the curry of Okeechobe Wituesseth 9MdwGRANTMS.for --------------------- na abet good and vdad)k g,mted, bargaead and soM to me said G + Wnand being in die Comtyof Oke Parcel ti3-28-37-35-0 0 okeechobee, FL 34972 state of Florida Between , grantors, nd ,grantee. rdw sure of a2►RS ($10)----------------------- DOLLARS. in trod paid by GRANTEE. the reeeipt wMteof is haeby aekewAedge4 have nWS heia. sn�sms a.d assigns Wtevey the fottowiag aeaerrTed God, simam. I sure of Florida m Air Lots 1 and 7, Block 46, IR �1D TION TO SOUTH OESECHOBEE, according to the Plat thereof rec t Book 1, Page 17, Public Records of Okeechobee County, Florida, LESS AND EXCEPT THE NORTH THREE (3) FEET THEREOF. Subject to current taxes, easements and restrictions of record. The property herein conveyed DOES NOT constitute the HOMESTEAD property of the Grantor. Dw mtu"Sba" paid In to MODWIt 0f $ 9445 Ora Class C Twt paid ki Ste Ip =d 01$ -- SM=RdWbMCIWkdCk0ftCMA Oitiedtobas %^IN ► Fla(da ar: 2 c. Delk Z -7- OS and the gmNms do be eby [ally wrnrmt the tick to said hod. and war defad tee amtrc against Iar,Rd etsiae of to persons v,tmmsaever. In Witness Whereof,um g-- hnettam so their hands and the day and year rase Signed, seal d del in preseDee: (Seas) Printed Name: ,e A rd witness ro• a w3raw.e (ten Print d RO E M. witne PA ddrax In 3,d A-- FL34WZ STATE OF Florida COUNTY OF Okeechobee 2003 by The InmT ins iasaameta was acknowledged before rot this 2nd day of January , DAVID N. CONLON and ROSE M. CONLON, his wife who me a as idetttifiratien- pesoaagy know. a me or who ha_ prodaned dxir Florida dr ver r s lie v: q TEDDY AMtiDros prints N 1 !s_ Rotary Pnoo. - suft of rioeft =aJi,>on.us�traoot Notary is Commmlaabn i DD120594 MyConmtissionEapivw- fkxbed 8y Naaoiml pinNryAaan.: 32430 ta611763-xs1 eamstwo-t �25� 2.0' 2S' O' .. .. .. .. .. So" d O � � � � � i � � .42.0� 23� O� ,.i � SO� BOUNDARY SURVEY PREPARED FOR GEORGE GOODBREAD DESCRIP T/ON.' LOTS 5 AND 6, SLOCK,1, ROYAL OAK ADDITION, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 1, PAGE 8, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PROJECT SPECIFIC NOTES/LEGEND. 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLA T(P) AND MEASURED(M). 2) PARCEL ID: 3-28-37-35-0060-00010-0050. 3) F. I. R. M. ZONE.- ZONE UNDETERMINED, PARCEL LIES WI THIN THE OKEECHOBEE CITY LIMITS. 4) THIS SURREY IS NOT INTENDED TO DEPICT JURISDIC77ONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 5) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADD1 TIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES 6) DA-TE OF LAST FIELD SURVEY 01105106. 7) WPP = WOOD POWER POLE. J5.0' SHELL I LOT 7 8LOCK 1 SET 5/8" IRON ROD & SET 5/8` IRON ROD & CAP >\ KAB IS 4620" CAP KAB IS 4820 ` N 89 5648" E 142.40' C 142.50' P - 81. 2' — — — — JO.I ' 42.8 WOOD FRAME o 8 AODI AON d CONCRETE CONCRETE N � 61.2' LOT 6 0 1 STORY RESIDENCE p g 7e' BL OCK 1 ti A — 80.7' — 61.2' TOTAL PARCEL CONTAINS -0. 33 ACRES as SEr 5/e" IRON ROD & CAP KAB IS 4820" FOUND I' IRON PIPE (NO LD.) 1, 2' E. & 0.5' N. sNFu LOT 5 BL OCK 1 SEPT`C TANK "' £PHONE P11111AI 142.42 (C) 142.50 8.8' CONCRETE "� ro ^i 9T• SET 5/8" IRON ROD & CAP KAB IS 4820" 0 SCALE IN FEET MAP SCALE: t INCH - 30 FEET LOr 2 BLOCK I OHW- / _ O OHW—�. — 0.2' I. &00(.1 1 SHELL. It. 7' —0.5, W p o — �Q h o R `' LOr 4 BLOCK 1. ►-15.0'— I --�y—S. W. 22ND STREET— (ASPHAL r ROAD) .So' R/W(P) — — EDGE OF ASPHALT STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted. No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are no visible above ground encroachments except as shown. No attempt was made to locate underground improvements and/or encroachments (if any) as part of this survey. This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17-6, F.A.C.) pursuant to Section 472.027, Florida Statutes. PREPARED FOR THE EXCLUSIVE USE OF: DESCRIPTION DWG. DATE BY CK GEORGE A. GOODBREAD BOUNDARY SURVEY 1 01/11/06 WC KAB DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE FB/PG. 171/57-64 SCALE: 1" = 30' BEARING REFERENCE: THE S. LINE OF LOT 5 IS TAKEN TO BEAR S 89'55`44" W FILE: 19771 JOB NO: 19771 LEGEND G-Set Iron Rod and Cap TWPS 6719 ■-Found CM *-Found Iron Rod (and Cap) O -Found Pipe (and Cap) ABBREVIATIONS $=Baseline; BM=Benchmark; q=Centerline; C=Calculated; CATV=Coble TV; CM — Concrete Monument; CONC=Concrete; D=Deed; 6-Delta or Central Angle; E=East; E'LY=Easterly, E/P=Edge of Pavement; ESMT=Easement; F.I.R.M.=Flood Insurance Rate Map; FND=Found; IP=Iron Pipe; IR&(C) In Rod (and ID Cap); L-(Arc) Length; M=Measured; MH=Manhole; N=North; N'LY _No ortherly. NGV(D)=National Geodetic Vertical (Datum) of 1929; NTS=Not to Scale; OHW=Overhead Wires; Ft=Property Line; P=Plat; PC=Point of Curvature; PCC=Point of Compound Curvature; PCP= Permanent Control Point; POB=Point of Beginning; POC=Point of Commencement; PRC=Point of Reverse Curvature; PRM=Permanent Reference Monument; PT=Point of Tongency; PU&D=Public Utilitly and Drainage; R=Radius; R/W=Right—of—Way. S=South; S'LY=Southerly, T=Tongent; TEL=Telephone Splice or Switch Box; W=West; W'LY=Westerly; UTIL=Utility(ies); >0=Spot Elevation based on indicated Datum, BOUNDARY SURVEY PREPARED FOR GEORGE GOODBREAD DESCRIP TION,' - , LOT 10, BLOCK 46, FIRST ADD177ON TO SOUTH OKEECHOBEE,, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK f; PAGE 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 3.00 FEET THEREOF. PROJECT SPECIFIC NOTES/LEGEND.' 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLA T(P) AND MEASURED(M), 2) PARCEL ID: 3-28-37-35-0050-00460-0100. 3) F. I. R. M. ZONE' ZONE UNDETERMINED, PARCEL LIES WITHIN THE OKEECHOBEE CITY LIMITS. 4) THIS SURVEY IS NOT INTENDED TO DEPICT JURISDICTIONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 5) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADD177ONS OR DELETIONS TO SURREY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROH017FD WITHOUT WR177FN CONSENT OF THE SIGNING PARTY'OR PARTIES 6) DA 7F OF LAST FIELD SURVEY- 01105106, q 15 30 SCALE IN FEET MAP SCALE: 1 INCH = 30 FEET I N 89 58'25 " E >c 142.38(C) 142.50'(P) x FENCE CORNER FOUNO J/4" IRON P/P£ W000 FENCE x 6.4' S LV C l`NO 40.) IN CONCRETE SET 5/@" IRON R00 & o.z' s. — ,'q' � � FENCf CORNER CAP KA@ IS 4870" 5.6' S. LOT 10 BLOCK 46 - 0. 16 ACRES �s •$ET 5/8" /RON ROD & _ Z CAP "CAB IS 4870" �Q SET 5/8F IRON ROD & SMELL CAP KAB IS 4820" ~ (BEARING 9ASE) J S 89 57 53 W 142, J9'(C 142. 50' P GRASS LOT 8 SNELI BLOCK I ROYAL OAK ADD/AON' . (Pa 1, PG 8) ------------------ GRA SS , STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted. No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820, There are no visible above. ground encroachments except as shown. No attempt was made to locate underground improvements and/or encroachments (if any) as part of this survey. This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 611317-6, F.A.C.) pursuant to Section 472,027, Florida Statutes. PREPARED FOR THE EXCLUSIVE USE OF: DESCRIPTION DWG. DATE BY CK GEORGE A. GOODBREAD I BOUNDARY SURVEY I 01/11/06 I WC I KAB DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE BEARING REFERENCE: THE S. LINE OF LOT 10 IS TAKEN TO BEAR S 89'57'53" W FB/PG: 171 /57-64 SCALE: 1" = 30' FILE: 19769 JOB NO: 19769 LEGEND ®—Set Iron Rod and Cap TWPS 6719 ■—Found CM *—Found Iron Rod (and Cap) O —Found Pipe (and Cap) ABBREVIATIONS Et=Boseline; BM=Benchmark; (�=Centerline; C=Calculated; CAN=Cable TV; CM — Concrete Monument; CONC=Concrete; D=Deed; 0-Delta or Central Angle; E=East; E'LY=Easterly; E/P=Edge of Pavement; ESMT=Easement; F.I.R.M.—Flood Insurance Rote Map; FNO=Found; IP=Iron Pipe; IR&(C)=Iron Rod (and ID Cap); L=(Arc) Length; M=Measured; MH=Monhole; N=North; N'LY=Northerly, NGV(D)=Notional Geodetic Vertical (Datum) of 1929; NTS=Not to Scale; OHW=Overhead Wires; FL -Property Line; P=Plat; PC=Point of Curvature; PCC=Point of Compound Curvature; PCP= Permanent Control Point; POB=Point of Beginning; POC=Point of Commencement; PRC=Point of Reverse Curvature; PRM-Permanent Reference Monument; PT=Point Of Tangency; PU&D=Public Utllltly and Drainage; R=Rodius; R/W=Right—of—Way, S=Soulh; S LY=Southerly T=Tangent; TEL=Telephone Splice or Switch Box; W=West; W'LY=Westerly UTIL=Utility(ies); 0'=Spot Elevation based on indicated Datum. BOUNDARY SURVEY PREPARED FOR GEORGE GOODBREAD DESCRIPTION.' LOT 7 BLOCK 46,- FIRST ADDI TION TO SOUTH OKEECHOBEE, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK. 1, PAGE 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 3.00 FEET THEREOF. PROJECT SPECIFIC NOTES/LEGEND: 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLA T(P) AND MEASURED(M). 2) PARCEL ID: 3-28-37-35-0050-00460-0070. 3) F. 1. R. M. ZONE. ZONE UNDETERMINED, PARCEL LIES WITHIN THE OKEECHOBEE CITY LIMITS. 4) NIS. SURVEY IS NOT INTENDED TO DEPICT JURISDICTIONAL AREAS OR. OTHER AREAS OF LOCAL .CONCERN. 5) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADDITIONS OR DELETIONS TO SURREY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 6), DA TE OF LAST FIELD SURVEY 01105106. 7) . WPP = WOOD POWER POLE. SCALE IN FEET MAP SCALE: , INCH - 30 FEET IHW OHW OHW ❑Hw ----- OHW OHW OHW OHW DHW OHW — S, w 21 ST STREET (A5,1,At I FAO) 40' R/W(?) — — — — — EDC£ OF ASPHALT o i N h FOUND 518" N S 89 59 58" E 142.36 (C) 142.50'(P� IRON ROD (NO LD.) --f. — �--- ls. D'— S 89 59 0 E 142. 36' C 142. 50 (P SET 5/8" IRON ROD & SET 5/8" IRON ROO & -77 O3 CAP KAB IS 4820" CAP KAB IS 4820" LOT7�V-:�� --� to h LOT l BLOCK 46 o, � � o � BLOCK 46 0.15 A CRES co o o h Ch Ch SET 5/8" IRON Roo & FOUND 5/B" IRON ROD CAP KAB IS 4820" (NO LD.) 0.2' W. —\' ) I , S 89 59 JO - W 142. 36 (C) 142.50 (P� FOUND 3/4" IRON PIPE (rs£AHINC BASE) FOUND BENT 5/8" (NO to.) 0.9' W. IRON ROD (NO I.D.) LOT B BLOCK 46 LOT 2 BLOCK 46 -STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted. No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are no visible above ground encroachments except as shown. No attempt was made to locate underground improvements and/or encroachments (if any) as part of this survey. This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17-6, F.A.C.) pursuant to Section 472.027, Florida Statutes. PREPAREDFOR THE EXCLUSIVE USE OF: DESCRIPTION DWG. DATE BY CK GEORGE A. GOODBREAD BOUNDARY SURVEY 01/11/06 WC KAB DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE FB/PG: 171/57-64 SCALE: 1" = 30' BEARING REFERENCE: THE S. LINE OF LOT 7 IS TAKEN TO BEAR S 89'59'30" W FILE: 19770 JOB NO: 19770 LEGEND 1 ®—Set Iron Rod and Cap TWPS 6719 ■—Found CM I• —Found Iron Rod (and Cap) O —Found Pipe (and Cap) ABBREVIATIONS E�=Baseline; BM —Benchmark; CL=Centerline; C-Calculated; CATV=Cable TV; CM - Concrete Monument; CONC—Concrete; D=Deed; 6-Delta or Central Angle; E-East; E'LY=Easterly; E/P=Edge of Pavement; ESMT=Easement; F.I.R.M.=Flood Insurance Rate Map; FND=Found; IP=Iron Pipe; IR&(C)=Iron Rod (and ID Cop); L=(Arc) Length; M=Measured; MH=Manhole; N=North; N'LY=Northerly; NGV(D)=National Geodetic Vertical (Datum) of 1929; NTS=Not to Scale; OHW=Overhead Wires; F =Property Line; P=Plat; PC=Point of Curvature; PCC=Point of Compound Curvature; PCP= Permanent Control Point; POB=Point of Beginning; POC=Point of Commencement; PRC=Point of Reverse Curvature; PRM=Permanent Reference Monument; PT=Point of Tangency PU&D=Public Utllitly and Drainage; R=Radius; R/W=Right—of—Woy; S=South; SLY=Southerly; T=Tangent; TEL=Telephone Splice or Switch Box; W=West; W'LY=Westerly; UTIL=Utility(ies);=Spot Elevation based on indicated Datum. F_ BOUNDARY SURVEY PREPARED FOR GEORGE GOODBREAD DESCRIP TION.' LOTS 7 AND 8, BLOCK, 1, ROYAL OAK ADDITION, ACCORDING T.O. THE PLA T THEREOF AS RECORDED IN PLA T BOOK 1, PAGE 8, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PROJECT SPECIFIC NOTES/LEGEND: 1) . UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLA T(P) AND MEASURED(M). 2) PARCEL ID: 3-28-37--35-0060-00010-0070. 3) ; F.I.R. M. ZONE.' ZONE UNDETERMINED, PARCEL LIES WI THIN THE OKEECHOBEE CITY LIMITS. 4) THIS SURVEY IS NOT /MENDED TO DEPICT JURISDICTIONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 5) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADDI77ONS OR DELETIONS TO SURVEY MAPS OR REPORT' BY 07HER THAN THE . SIGNING PARTY OR PARTIES /S PROHIBITED WITHOUT WR/TTFN CONSENT OF THE: SIGNING PARTY OR PARTIES. 6) DA TE OF LAST FIELD SURVEY 01/05106. 15 30 SCALE IN FEET MAP SCALE: 1 INCH = 30 FEET - LOT 10 Lor 4 BLOCK 46 BLOCK 48 nRSr ADD/noN To I nRSr ADD/AQN m SOUTH OK££CHOBEE' SOf/rFl [YrfECHOSa' (P.B. 1, PC. 17) (P.B. 1, PR 17) SE 5/8" IRON R00 & gNELL - CAP KAB LS 4820" N 89 57 53" E 142. 39' C 142 50' P x e CRASS SET 5/8" IRON ROD & CAP _'KAB LS 4820" Lor a BL OCK 1 $ Z CRASS TOTAL PARCEL CONTAINS SHELL (o �. f 0.33 ACRES O o �' S£r 5/8" IRON ROD & CAP KAB LS 4820" S 89 J5.0' — - LOT 7 BLOCK 1 'BEARING BASE) W 142.40 C 142.50 LOT 8 BLOCK 1 S£r 5/8" IRON ROD & CAP KAB LS 4820' ©, Lorr BLOCK 1 0 Ica w C Lor 2 BLOCK 1 31 Lor 1 BLOCK 1 STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey' depicted here is prepared exclusively for those parties noted. No responsibility or liability is assumed by the surveyor for use by others not specifically named. :Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are no visible above ground encroachments except as shown. No attempt was made to locate underground improvements and/or encroachments (if any) as part of this survey. This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17-6, F.A.C,) pursuant` to Section 472.027, Florida Statutes. PREPARED FOR : THE EXCLUSIVE USE OF: DESCRIPTION DWG. DATE BY TCK GEORGE A. GOODBREAD BOUNDARY SURVEY 01/11/06 WC KAB DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE FB/PG: 171/57-64 SCALE: 1" = 30' BEARING REFERENCE: THE S. LINE OF LOT 7 IS TAKEN TO BEAR SS 89'56'48" W FILE: 19768 JOB NO: 19768 LEGEND . O—Set Iron Rod and Cap TWPS 6719 ■—Found CM 0—Found Iron Rod (and Cap) O —Found Pipe (and Cap) ABBREVIATIONS @_=Baseline; BM=Benchmark; CE=Centerline; C=Calculated; CATV=Coble TV; CM= Concrete Monument; CONC=Concrete; D=Deed; ,-Delta or Central Angle; E=East; E'LY=Easterly; E/P=Edge of Pavement; ESMT=Easement; F.I.R.M.=Flood Insurance Rate Map; FND=found; IP=Iron Pipe; IR&(C)=Iron Rod (and ID Cap); L=(Arc) Length; M=Measured; MH=Manhole; N=North; N'LY=Northerly; NGV(D)=Nationol Geodetic Vertical (Datum) of 1929: NTS=Not to Scale; OHW=Overheod Wires; R=Property Line; P=Plat; PC=Point of Curvature; PCC=Point of Compound Curvature; PCP= Permanent Control Point; POB=Point of Beginning; POC=Point of Commencement; PRC=Point of Reverse Curvature; PRM=Permanent Reference Monument; PT=Point of Tongenc� PU&D=Public Utllitiy and Droinage; R=Radius; R/W=Right-of-Way; S=South; S LY=Southerly; T=Tangent; TEL=Telephone Splice or Switch Box; W=West; W'LY=Westerly, UTIL=Utllity(ies); _$0=Spot Elevation based on indicated Datum. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning@att.net Staff Report Rezoning Request Prepared for.• Applicant.• From: To: Petition No. A? s£# City of Okeechobee Brad Goodbread RSF-I CHV 06-014-R Staff Report Rezoning Request Applicant: Brad Goodbread Petition No. 06-014-R Appltcant W7 sis 12575 Highway s �a Okeechobee, FL72 'Applicant Phone Number: 863-634-2121, 1AX"863-46T' 000. Owner:''. Legal Description: Parcel 1: Lot 10, Block 46, FIRST ADDITION TO SOUTH OKEECHOBEE, being a subdivision in Sections 21 and 28, Township 37 South of Range 35 East, according to plat thereof recorded in Plat Book 1, Page 17, Okeechobee County, Florida, public records, less and except all sovereignty lands. Parcel 2: Lots 7 and 8, Block 1, ROYAL OAK ADDITION, being a subdivision in Section 28, Township 37 South of Range 35 east, according to plat thereof recorded in Plat Book 1, Page 8, Okeechobee County, Florida, Public Records, less and except all sovereignty lands. Parcel 3: Lots 5 and 6, Block 1, ROYAL OAK ADDITION, according to the plat thereof recorded in Plat Book 1, Page 8, of the Public Records of Okeechobee County, Florida. Parcel 4: Lots 1 and 7, Block 46, FIRST ADDITION TO SOUTH OKEECHOBEE, according to the Plat thereof recorded in Plat Book 1, Page 17, Public Records of Okeechobee County, Florida, LESS AND EXCEPT THE NORTH THREE (3) FEET THEREOF. Staff Report Applicant: Brad Goodbread Rezoning Request Petition No. 06-014-R Request: The applicant is requesting a rezoning for the above property from RSF-1 to CHV. The subject property is designated Commercial on the Future Land Use Map Zoning LjlStriC: .3Fff'G48r� CHV and T , �... .. .. .., �c'attan<; +c>rnn�;al Zoning District: CHV E: Ex Lille: Ccmterct ��ntt1r ).adVse Ntap Classtficattdi: Cornnfeiial =` Zoning District: C14V Existing :Land Use: Commercial West: Future Land Use Map Classification: Single Family Zoning District: RSF- I Existing Land Use: Residential The subject property is located in the southwest quadrant of the City on SW 2nd Avenue. The subject property has a Future Land Use Map designation of Commercial and the applicant would like to rezone the property from RSF-1 to CHV. If allowed, this would rezoning will eliminate inconsistencies between the Zoning Map and the Future Land Use Map. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. The applicant has stated that he has not decided on a specific use for the property at this time. He has requested this rezoning to accommodate possible commercial uses that could be proposed by potential users of the land in the future. While the Land Development Code allows several uses under the CHV Zoning District as permitted uses, the applicant will need to specify what type of use(s) is intended on the property. This can be done at the site plan review phase of development as the property is now vacant. Some of the permitted uses in the CHV Zoning District are summarized below: 2 Staff Report Rezoning Request Applicant: Brad Goodbread Petition No. 06-014-R o Professional/business/medical office o Retail service/store o Restaurant o Personal service o Funeral home o Hotel/motel o Nightclub 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. As stated above, the applicant has not specified which use will occupy the property. 3. The proposed use will not have an adverse effect on the public interest. The proposed CHV Zoning will not have an adverse effect on the public interest. This Zoning District is shared by properties to the North, East and South. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses. and is not contrary or detrimental to urbanizing land use patterns. The CHV Zoning District would be appropriate for this location and will complement the adjacent land uses as has been stated above. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. Allowing CHV uses on the subject property will not affect property values or living conditions. In addition, it will encourage development on the surrounding vacant properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. Buffering may be required depending on the type of use to be allowed on the parcels. This will be addressed during the site plan review phase of development. c Staff Report Rezoning Request Applicant: Brad Goodbread Petition No. 06-014-R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Density will not be an issue as the site is planned for commercial uses. Traffic impacts will be assessed during the site plan review phase of development. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. It is most likely that development of the subject property will impact traffic circulation in the area, but as stated earlier, those impacts will be assessed prior to development. Traffic improvements will be provided by the applicant, if warranted, at the Site Plan review stage. Likewise, flooding and drainage plans will be reviewed by City staff when appropriate, but it does not appear to be an issue at this time. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The only restrictions being placed on the subject property are those which are set forth in the City's Comprehensive Plan and the Land Development Code. 10. The proposed change will not constitute o grunt of special privilege to an individual owner as contrasted with the public weUiire. By allowing the requested CHV Zoning on the subject property, it cannot be construed as granting a special privilege to the owner as contrasted with the public welfare. Allowing this request will further the City's goal of eliminating inconsistent land uses within its municipal boundaries. Recommendation Staff recommends approval of the request to allow rezoning from RSF-1 to CHV permitting the applicant to develop the property with commercial uses. Submitted by: James G. LaRue, AICP Planning Consultant December 12, 2006 0 December 2006 Planing Board/Board of Adjustment and 3of8 III. MINUTES, continued. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. OPEN PUBLIC HEARING - Chairperson A. Consider Rezoning Application No. 06-014-R. Geroge A. Goodbread/G-4 Land & Cattle Company are the property owners. The application is to change the zoning designation from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV) for property located at 2100 South Parrott Avenue within the 2000 Block of Southwest Second Avenue. Board Member Maxwell stated that he did not think you could impute an outcome, but I'm just simply saying that the minutes do not reflect that I made that vote. That's what I'm moving to change. Board Member Maxwell said that by not voting you cannot say that reflects as a yea vote. Board Member McCoy reiterated that you have to state a reason for not voting. It is required. Board Member Maxwell replied that it would be prudent at the time to state a reason, other than he thought he was in an alternate position and the alternates do not state a reason for not voting. Board Member Burroughs asked what the problem is with tabling the motion. Chairperson Ledferd asked for a motion to table for research and definition. Board Member Hoover made a motion to table the approval of the Summary of Board Action for the October 19, 2006 regular meeting to the next regular Planing Board/Board of Adjustment and Appeals on January 18, 2007; seconded by Board Member McCoy. VOTE LEDFERD-YEA HOOVER -YEA BURROUGHS-YEA McCOY - YEA KELLER - YEA MAXWELL - NAY JOHNS - YEA MOTION CARRIED. Chairperson Ledferd asked whether there were any requests to add, defer or withdraw items on today's agenda. Letter A was deferred to the January 18, 2007 Planning Board/Board of Adjustment and Appeals regular meeting. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:11 P.M. Consider Rezoning Application No. 06-014-R. Geroge A. Goodbread/G-4 Land & Cattle Company are the property owners. The application is to change the zoning designation from Residential Single Family - One (RSF-1) to Heavy Commercial (CHV) for property located at 2100 South Parrott Avenue within the 2000 Block of Southwest Second Avenue. Legal description: Lot 10, Block 46, First Addition to South Okeechobee, being a subdivision in Sections 21 and 28, Township 37 of Range 35 East, according to plat thereof recorded in Plat Book 1, page 17, Okeechobee, County, Florida, public records, less and except all sovereignty lands. Lots 7 and 8, Block 1, Royal Oak Addition, being a subdivision in Section 28, Township 37 South of Range 35 East, according to plat thereof recorded in Plat Book 1, Page 8, V. OPEN PUBLIC HEARING - Chairperson A. Consider Rezoning Application No. 06-014-R, continued. Legal description: Lot 10, Block 46, First Addition to South Okeechobee, being a subdivision in Sections 21 and 28, Township 37 of Range 35 East, according to plat thereof recorded in Plat Book 1, page 17, Okeechobee, County, Florida, public records, less and except all sovereignty lands. Lots 7 and 8, Block 1, Royal Oak Addition, being a subdivision in Section 28, Township 37 South of Range 35 East, according to plat thereof recorded in Plat Book 1, Page 8, Okeechobee County, Florida, public records, less and except all sovereignty lands. Lots 5 and 6, Block 1, Royal Oak Addition, according to the Plat thereof recorded in Plat Book 1, Page 8, of the Public Records of Okeechobee County, Florida. Lots 1 and 7, Block 46, First Addition To South Okeechobee, according to the Plat thereof recorded in Plat Book 1, Page 17, Public Records of Okeechobee County, Florida, less and except the North three (3) feet thereof. - City Planning Consultant December 21, 2006 - Board/Board of Adjustment and Appeals - Page 4 of 8 Okeechobee County, Florida, public records, less and except all sovereignty lands. Lots 5 and 6, Block 1, Royal Oak Addition, according to the Plat thereof recorded in Plat Book 1, Page 8, of the Public Records of Okeechobee County, Florida. Lots 1 and 7, Block 46, First Addition To South Okeechobee, according to the Plat thereof recorded in Plat Book 1, Page 17, Public Records of Okeechobee County, Florida, less and except the North three (3) feet thereof. Mr. LaRue reviewed the Comprehensive Plan Analysis as follows: 1. The proposed use is not contrary to Comprehensive Plan requirement: The applicant has stated that he has not decided on a specific use for the property at this time. He has requested this rezoning to accommodate possible commercial uses that could be proposed by potential users of the land in the future. While the Land Development Code allows several uses under the CHV Zoning District as permitted uses, the applicant will need to specify what type of use(s) is intended on the property. This can be done at the site plan review phase of development as the property is now vacant. Some of the permitted uses in the CHV Zoning District are summarized; Professional[Business/MedIca] Office, Retail Service/Store, Restaurant, Personal Service, Funeral home, Hotel/Motel, Nightclub. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. As stated above, the applicant has not specified which use will occupy the property. 3. The proposed use will not have an adverse effect on the public interest. The proposed CHV Zoning will not have an adverse effect on the public interest. This Zoning District is shared by properties to the North, East and South. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The CHV Zoning would be appropriate for this location and will complement the adjacent land uses as has been stated above. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. Allowing CHV uses on the subject property will not affect property values or living conditions. In addition, it will encourage development on the surrounding vacant properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. Buffering may be required depending on the type of use to be allowed on the parcels. This will be addressed during the site plan review phase of development. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Density will not be an issue as the site is planned for commercial uses. Traffic impacts will be assessed during the site plan review phase of development. December 21, 2006 - Planning Board/Board of Adjustments and Appeals - Page 5 of 8 V. PUBLIC HEARING CONTINUED. A. Consider Rezoning Application No. 06-014-R, continued. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. It is most likely that development of the subject property will impact traffic circulation in the area, but as stated earlier, those impacts will be assessed prior to development. Traffic improvements will be provided by the applicant,should it be warranted, at the Site Plan review stage. Likewise, flooding and drainage plans will be reviewed by City staff when appropriate, but it does not appear to be an issue at this time. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The only restrictions being placed on the subject property are those which are set forth in the City's Comprehensive Plan and the Land Development Code. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. By allowing the requested CHV Zoning on the subject property it cannot be construed as granting a special privilege to the owner as contrasted with the public welfare. Allowing this request will further the City's goal of eliminating inconsistent land uses within its municipal boundaries. Staff recommends approval of the request to allow rezoning from RSF-1 to CHV permitting the applicant to develop the property with commercial uses. Board Member Burroughs inquired as to the process that the Staff goes through to determine the use of property. Mr. LaRue stated that he looks at the surrounding property to help staff determine the use of the property. Board Member Burroughs also asked whether the buildings will remain on the property. Mr. LaRue stated that all the building will be razed. Board Member McCoy asked whether the mobile home on the property is appropriate? Mr. Goodbread answered that the area used to be an old mobile home park. All occupants have six months to vacate the property according to Mr. Goodbread. Board Member Burroughs inquired as to the possible occupants for this property. Mr. Goodbread said that they are trying to get something like TGI Friday or a Red Lobster and possibly one other business to share the parking lot. Board Member O'Connor asked whether anyone talked to the people around the area for their opinion? No, but notices are sent out to surrounding property owners within 300 feet of the property to notify them of the rezoning. Mr. Sizemore spoke regarding the possible noise element of the development. He said when there was a nightclub operating on the premises, that it was quite loud from 10:00 p.m. until 2:00 a.m., and that many complaints had been made, but nothing was done. He just wants the residential homes in the area to be protected from possible future noise created from potential businesses. December 21, 2006 - Planning Board/Board of and 6of8 V. PUBLIC HEARING CONTINUED. A. Consider Rezoning Application No. 06-014-R, continued. CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS. A. Resolution No. 06-10 pertaining to the Billboard Policy. - City Attorney B. Ordinance No. 966 - An amendment to the City of Okeechobee Land Development Code creating the City of Okeechobee Proportionate Fair Share Transportation ordinance. - City Planner Board Member Maxwell asked whether a lighter commercial zoning could be used? Mr. LaRue said the applicant requested Heavy Commercial Zoning (CHV). A lesser commercial zoning would limit the use choices. Board Member Burroughs moved to recommend petition No. 06-014-R to recommend to City Council to rezone property located at 2100 South Parrott Avenue within the 2000 Block of Southwest Second Avenue, from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV); seconded by Board Member Johns. VOTE LEDFERD-YEA HOOVER -YEA BURROUGHS-YEA McCOY - YEA KELLER - YEA MAXWELL - YEA JOHNS - YEA MOTION CARRIED. CHAIRPERSON LEDFERD CLOSED PUBLIC HEARING AT 6:36 P.M. Resolution No. 06-10 pertaining to the Billboard Policy was deferred to the regular Planning Board/Board of Adjustment and Appeals January 18, 2007 meeting by City Attorney Cook. Ordinance No. 966 amendment to the City of Okeechobee Land Development Code creating the City of Okeechobee Proportionate Fair Share Transportation Ordinance was presented by Mr. LaRue. He began by telling the Board that reading the ordinance would probably put you to sleep in quick order. Best example of the ordinance, some jurisdictions Future Land Use cannot continue to develop because they do not have concurrency done. It is mandated by the state that by December 2006 this ordinance has to be in place. Mr. LaRue stated that the ordinance is consistent with the City's Comprehensive Plan. Chairperson Ledferd asked whether this will require another Board for the City? Mr. LaRue answered that it would not. The hardest part will be figuring out what proportion somebody really owes when you really get into some of these things. Technical assistance will come from Central Florida Planning Council, and 3WAIRS 4Yk;AWRIZJ4ZG) Q6�k SHANDkR. —WALKER Notary Pubk - S" of pWW— ma' MY CWRW$Won Expiv JW I Illi, o"W."wme",d) cwff6wm*W4= BYtM2n9NoWyAW, C �J A.P. -TA ?a f;j 0 Pql(.)';' i, Di , LuTz.,-s Lu tL Dobbs, P.E. to si n applications ai d sj tate. Developme ro p UXk b Sign D. Curtis` Tndberg G InSite Development Group CEO/President authorize Steven L. nents on behalf of InSite Okeechobee. Subscribed and sworn to we before by This 10 day of April, 2006. Witness by hand and official seal My Commission expires: 91 °o Notary Public State of FtO�a(4 _ al _ Produced Identification Type �r '' 60UsR AMI 21, 2W ATTACHMENT LEGAL DESCRIPTION OF ALLEY S15 T37 R35 The 15ft EW Alley and NS Alley of Block 12, Okeechobee The 15ft EW Alley and NS Alley of Block 21, Okeechobee The 15ft EW Alley of Block 4, Okeechobee The 15ft EW Alley of Block 13, Okeechobee The 15ft EW Alley of Block 20, Okeechobee This instrument prepared by: Steven L. Daniels, Esquirc ARNSTEIN & LEHR LLP S13 rth Flaglcr Drive, Sixth Floor y m Beach, Florida 33401 1011011011811 FILE HUM 2006001585 OR BK 00588 PG 1621 SHARDN ROSERTSONP CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYr FL RECORDED 01/24/2006 12:57118 Ph RECORDING FEES 27.00 DEED DOC 13r650.00 RECORDED BY L Rucks V-1 rl.;\ space Above This Line for Recording Data] Q WARRANTY DEED INDENTURE, made this 12th day of January, 2006, between Kovach Development, Inc., a a corporation and MTS Investments, LLC, a Florida limited liability company, ("Grantor")$ite Development Group, LLC, a Colorado limited liability ,company, whose ("Grantee"). post office al ss is WITNE H, that said Grantor, for and in consideration of the sum of TEN AND NO/100 ($10.00) DO LLA d other good and valuable consideration to said Grantor in hand paid by said Grantee, the re ereof is hereby acknowledged, has granted, bargained and sold to the Grantee and Grante errs and assigns forever the following described land situate, lying and being in Okeechobe,nty, Florida, to -wit: Parcel 1: Lots 1 through 26, "ive, Block 2_0 of OKEECHOBEE, according to the Plat thereof, as recorde s lat Book 1, Page 10, and in Plat Book 5, Page 5 of the Public Records of chobee County, Florida; and Lots 7 through 10, inclusive, and Lot 11, I West 28 feet thereof, together with the North 7.6 feet of the vacated all 15 fleet wide) adjacent to said lots, in Block 29, of OKEECHOBEE, accordin a Plat thereof, as recorded In Plat Book 1, Page 10 and in Plat Book 5, Pag the Public Records of Okeechobee County, Florida. Parcel 2: Lots 1 through 26, inclusive, Block 4; Lots 1 through 6, inclusive, Block 11; Lots 1 through 26, inclusive, Block 12; Lots 1 through 26, Inclusive, Block 13; Lots 1, 2, 3, and 9, in Block 21, less the East 32.60 feet of said Lot 9; Lots 10 through 26, inclusive, Block 21; and Lots 1 through 6, inclusive, Block 22, of OKEECHOBEE, according to the Plat thereof, as recorded in Plat Book 1, Page 10 and in Plat Book 5, Page 5 of the Public Records of Okeechobee. County, Florida. Parcel ID Numbers: 3-15-07-35-0010-00040-0010; 3-15-37-35-0010-0004.0-0140; 3-15-37-35-0010-00110-0010; 3-15-37-35-0010-00120-0010; 3-15-37-35-0010-00120-0110; 3-15-37-35-0010-00120-0170; 3.15-37-35-0010-00130-0010; 3-15-37-35-0010-00130-0140; 3-15-37-35-0010-00200-0010; 3-15-37-25-0010-00200-0140; 3-15-37-35-0010-00210-0010; 3-15-37-35-0010-00210-0100; 3-15-37-35-0010-00210.0110;3-15-37-35-0010-00210-0170; 3-15-37-35-0010-00220-0010; 3-15-37-35-0010-00290-0070. Warranty Deed/Page i of 3 OR BY. 005$8 PG 1622 and said Grantor does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. SUBJECT, however, to taxes for the year 2006 and subsequent years; to all governmental ons; to restrictions, reservations and easements of record. 0 LOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in a appertaining. ..AVE AND TO HOLD, the same in fee simple forever. AN Grantor hereby covenants with said Grantee that he/she is lawfully seized of said lands in fee ; that he/she has good right and lawful authority to sell and convey said land; that he/she hereb arrants the title to said land and will defend the same against the lawful claims of all persons omsoever, and that said land is free of all encumbrances whatsoever. f "Grantor" IN WITNESS "OI year first above written. ,, � 0 Signed, sealed and our presence: STATE OF FLORIDA are used for singular or plural, as context requires. , Grantor has hereunto set Grantor's hand and seal the day and KOVACH DEVELOPMENT, INC., a Florida rporation BY: Edward J. Kovach, Preskent MTS INVESTMENTS, LLC, a limited liability company By: Terry Member COUNTY OF PGI? f3-QPXA BEFORE 'ME, the undersigned authority, on this day, personally appeared Edward J. Kovach, President of Kovach Development, Inc., a Florida corporation, who is personally known to Warranty Deed/Page 2 of 3 dye � OR 8K 00588 PG 1623 Weel' has produced identification as shown below, who, being by me first duly sworn and , acknowledged, deposed and otherwise stated that he executed the foregoing instrument. S,"RN TO and SUBSCRIBED before me this 11 day of January, 2006. VP i I L W01K Public (XMMISBlON4004ivx My commission expires: Printed Name of Notary No , check one ( Person signs cument personally known to me. ( ) Person sign meet and provided the following form of identification: 0 ;> M STATE OF FLORID COUNTY OF �G/h 9�J BEFORE ME, the unders' ' authority, on this day, personally appeared Terry M. Shahrabani, Managing Member of M stments, LLC, a Florida limited liability company, who Is personally known to me, or has produ tification as shown below, who, being by me first duly sworn and cautioned, acknowledged, d and otherwise stated that he executed the foregoing instrument. SWORN TO and SUBSCRIBED before me this ,Z.,X day of January, 2006. 87EVEIlLDA4W ry Public MYCOMMISSIO IDD4f8M My commission expires: EMF0-. Mty & = ea,a�enwneryo euoa.n�e�. oil Printed Name of Notary Notary, check one: ( Person signing document personally known to me. ( ) Person signed document and provided the following form of identification: Empamd by and r Crlatiaa Goma Attorney at Law C mez, P.A. 6043 167th Street Suite A-16 FL 33015 3gPiledB06-162 Will Parcel Ideati� No, 3-15-37-354110-M10-0040 _JSpace Above This Line For Recording Dauj_ Warranty Deed (STATUTORY FORM - SE=ON 689.02, P.S.) OR`BICMO06000PGOt387S SNARON ROSERTStNtr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY► FL RECORDED U5J39/2006 02145149 P11 RECORDIHB FEES 18.50 RECORDED 8Y5LRucks Pas 0875 - $76; Mae) This Indenture made l4th day of April, 2006 between Cynthia S. Baker, an unremarried widow and survIvIng spouse of Dewey V. Baker, whose post orrice address is 2379 NW 44 Street, Okeechobee, FL 34972 of the County of Okeechobee, S rids, grantor*, and Curt Lundberg, a married man whose post office address is 2 Niblick Lane, Columbhte V O 80123 of the County of Jefferson, State of Colorado, grantee*, Wftnesseth, that said grantor, r da consideration of the sum of TEN AND NO1100 DOLLARS ($10.00) and other good and valuable considerations �Fl in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to tee, and grantee's heirs and assigns forever, the following described hand, situate, tying and being in Okeecb orida, to -wit: See Exhibit "A" attached herete this reference made a part hereof. Subject to taxes for 2046 sod sent years; covenants, conditions, restrictions, easements, reservations and Limitations of reco jF�ny. and said grantor does herby fully warrant the ti� land, and will defend the same against lawful claim of ail persons whomsoever. r�� * "l7mme sad "Gaaatea" are used for singular or plural, as context requires. In Witness Whereof, grantor has bereuato sot grantor's hand and seal the day and year first above written. u P U A (S b ewi) - CyntlAa S. Baker State of Florida County of OKEECHOBEE The foregoing instrument was acknowledged before me this 14th day of April, 2006 by Cynthia S. Bakeran unmarried widow who U are personally (mown or M have produced a driver's license i�a IL (Notaty Seal] SIA DElCRUZ Notary bli a MYCDMMlssoN I D64 Printed Nana: 0264rrCcVMR: An9,20M IR W Nora _ Z- My Commission Expires: AaZ 2+0 O DoubleMmeo Book600/Page875 CFN#2006009161 Page 1 of 2 paje 7 Exhibit A Lot a East 25 feet of Lot 5, Block 21, OKEECHOBEE CITY SUBDIVISION, according to the Plat thereof, reco ed , at Book 1, Page 10, of the Public Records of OKEECHOBEE County, Florida. Lying and being In the NE 1/ n 16, Township 37 South, Range 35 East. A/K/A Street Okeechobee, Florida 34972 Parcel I tion Number: 3-1S-37-35-0010-00210-0040 �o 4 yr, �V 0 ti >�t1 File Number, MB06-162 9 DoubleTim" Book600/Page876 CFN#2006009161 Page 2 of 2 I Pa9e FILE NUM 2006003659 OFt SK 00599 PG 1241 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYr FL RECORDED 03/12/2006 1247:51 PM RECORDING FEES 10.00 wpd gpim ro; DEED DDC 875.00 Cds Cri nay RECORDED BY G Hewbourn Attu 7,Ps 1241► Qpa) C P.A. 6043 N. m Street Suite A-16 Miami La 33015 305-824-1 �- File Number.t4-165 Will Call No.: 9 Above This Line For Recording Dan) L� Warranty Deed This Warranty De= this 14th day of April, 2006 between Cynthia S. Baker, an onremarried widow whose post office address is 23 44 Street, Okeechobee, FL 34972, grantor, and Curt Lundberg, a married man whose post office address is 2 Nibife'CJF?tast, Columbine Valley, CO 80123, grantee; (Whatever used herein the toms "gat" "grantee" include all The parties to this Inca nnxa t and the helm legal representatives. and assigns of individuals, and Ibe suaaaors ad aaigdVC; porations, trusts and trustees) O Witnesseth, that said grantor, sideration of the sum of TEN AND NO/l00 DOLLARS ($10.00) and other good and valuable considerations to r in band paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to th tee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee Florida ride to -wit: Lot 6 and the Wert 25 feet of Block 21, OKEECF[OBEE CITY SUBDIVISION, according to the Piet tbereof, recorded In Plae Page 10, of the Public Records of OIMCHOBEE County, Florida. Lying and being In the ction 16, Township 37, South, Range 35 East. aka 509 N.W.12th Street, Okeechobcq f� la 34973 Parcel Identlllmdon Number. 3-15-37 3 0210-0060 Subject to taxes for 20D6 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the sum against the lawful claims of all persona whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2005. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. isr1� 11w,�C _u State of Florida r1 County of Mlami.Dadc Q �� ko p PQ A- �n Cynft S. Baker The foregoing instrument was acknowledged before me this 14th day of April, 2006 by Cyntbia S. Baker, who [j is persm aliy known or Pq has produced a driver's license as identi flcation. [Notary Seal] Notary Public j� SOF7A DE U CRUZ Printod Name: ` d % r 4 l/� 1-" ' %- ,,,,�� arrcoauhtrssron r owses,c My Commission Expires: �Aa 7, Z.Q D om( �� DoubleTknee Book599/Page1241 CFN#2006008659 Page 1 of 1 Ptgomd by and renh-n to: CtUflaa Gomez Attorney at Law Cris nun, P.A 67th Stet Suite A-16 ,04 FL 33A35 3 File N %M6.163 Will Call') Parcel Weuti No. 3-1537 3"010-00210-0070 FILE MUM 2006009170 OR SK 00600 PG 0913 SHARON ROSERTSONr CLERK OF CIRCUIT COURT DKEECHOSEE CO NITYe FL RECflRDIN6 RECOROED 06/19/2�6 O3203,02 PH FEES 10.04 DEED DOC 875.00 RECORDED BY L Rucks Ps 09131 (190 Spar Above This Line for Recording Datal L Warranty Deed (STATUTORY FORM • SECTION 699.02. F.S.) This Indenture made 14th day of April, 2006 between Cynthia S. Baker, an unremwried widow whose post office addrrsa is 2379 NW Okeechobee, FL 34972 of the County of Okeechobee, State of Florida, grantor', and Curt Lundberg, a tttarried hose post office address is 2 Niblick Lane, Columbine Valley, CO 89123 of the County of Jefferson, State, Cob tee*, Mtnemetk that said grantor, 9a consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations for is hand paid by said grantee, the reoeript whereof is hereby acknowledged, has granted, bargained, and sold to grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeeeh ty, Florida, to -wit Lot 7 and the East S feet of Lot ! t 21, OKEECHOBEE Crf V SUBDMSION, according to the Plat thereof; recorded in Plat i( Page 10, of the Public Records of OKEEC9O1= Coanly, Florida. Lying and Befog b the N Section 16, Township 37 South, Range 35 East aft 513 N.W.12th Street, Okeecho �Hor kis 34973 Subject to taxes for 2006 and su years; covenants, conditions, restrictions, easements, reservations and limitations of record, and said grantor does hereby fully warrant the tide to said land, and will defend the acme against lawful claims of all persons whomsoever. • "OrwdW ond'Oraosee" we used for singular or plus d. a context requires. In Witness Whereof grantor has hereunto set grantor's hand and seal the day and year in* above written. Cynth2k S. Baker State of Colorado County Of— The foregoing instrument was acknowledged before me this 14th day of April, 2006 by Cynthia S. Baker, who [j is personally known or p(] has produced a driver's license as identification. [NotmyScal] SOFIA DE LACRt1Z NotaryPubli y� MY ODMMIa110N t OD1lta5t ?p F�LLPIRFS Any, 7,1a09 Printed Name: Co �c� f�l4i ✓U-7— Nmlaaaotal arld.Nm,ne.Me.<en G My Commission Expires: O O 1 DoubleTinme Book600/Page913 CFN#2006009170 Page 1 of 1 FILE mum 2006008663 OR SK 00577 PG 1273 SHARON ROBERTSONr CLERK OF CIRCUIT COURT OKMCHOBEE COUNTYr FL RECORDED 05/12/2006 12:52:19 Ph RECORDING FEES 18.50 DEED DOC 873.00 RECORDED BY 6 hawbourn Pss 1273 - 1274; (21oas) t:rWW8 ex, P.A. 6043 67,1h Street Suite A-16 Miami `�, 33015 File Nutnbat: ' q 164 Will Call No.t� !Space Above This Line For Recording Warranty Deed This Warranty & "made this 14th day of April, 2006 between Cynthia S. Baker, an unremarried widow and surviving spouse of Baker, IIL, deceased whose post office address is 2379 NW 44 Street, Okxchobe% FL 34972, grantor, and Curt dborg, a married man whose post office address is 2 Niblick Lane, Columbine Valley, CO 80123, grantee: 01 (Whenever used berein Use Was; - "grantee" include all the parties to this instrument and rho heirs, bast mpmsenta6ves, and assigns of m sa individuals, and tba succass d Xul s, trusts and trustees) a Witnesseth, that said grantor, Consideration of the surn of TEN AND N0/100 DOLLAPS (S10.00) and other goOdd and valuable tor m for in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to th ce, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee , Florida to -wit: See Exhibit "A" attached here"d by this reference made a part hereof. awn 517 N.W. 12th Street, Okkotiabee, Mrida 34973 i'r, Parcel Identification Number. 3-15-33;,3 �40-00210-0080 Subject to taxes for 2006 and sub q`ued �ycan; covenants, eoudiftiss, restrictions, easements, reservations and limitations of record, Together with all the ten mernts, bereditaatents and appurtenances thereto belonging or in anywise appertaining. TO Have and to HOK the same in fax simple forever. And the grantor hereby covemaats with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all parsons whomsoever; and that said land is free of all encumbrances,except taxes accruing subsequent to December 31, 2005. In Witness Whereof grantor has bereanto set grantor's hand and seal the day and year first above written. W2 W'm WIA �,W, State of Florida County of Okeechobee The foregoing instrument was admowledged before me this 14th day of April, 2006 by Cynthia . Baker, who [ ] is personally known or (M has produced a driver's license as identification. [Notary Sea!] SOFIA DE LA CRUZ1Notary Publ MVCaMMIS10N#DD4Mtis E7.PIRES! Asa. 7, 2oeoPrinted Name: G �G' pnaaawas Fk(4k "s--- My Commission Expires: 00 DoubleTimse Book599/Page1273 CFN#2006008663 Page 1 of 2 Exhibit A The q 50 feet of Lot 8 and the East 32.50 feet of Lot 9, Block 21, OKEECHOBEE CITY SUBMISIO(1, accothe Plat thereof, recorded In Plat Book 1, Page 10, of the Public Records of OKEECHOBEE County, Florgand being In the NF.1/4 of Section 16, Township 37 South, Range 35 East. a/k/a_ 2th Street, Okkechobee, Florida 34973 0 Parcel Idena Number: 3-15-37-35-0010-00210-0080 0 0�-a' File Number. MB06.164 DoubleTimee 1— Book599/Pagel 274 CFN#2006008663 Page 2 of 2 Work Request No, Sec,6 , TwpJ1 S, Rge_V E Parcel I.D. (Maintained by County Appraiser) Form 3722-A (Stocked) Rev. 7/94 EASEMENT This Instrument Prepared By Name: JONATHAN HARNER Co, Name: Florida Power & Light Comoanv Address: 3301 ORANGE AVE FOg,T PIERCE, FL 34947 pg of The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns, an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, oles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement feet in width described as follows: -ILE HUM 2006017717 3R B.K 00614 PG 0242 SHARON ROBERTSONr CLERK, OF CIRCUIT COURT OKEECHOBEE COUNTYr FL RECORDED 10/23/2006 12:08.22 PM RECORDING FEES 18.50 RECORDED BY G Meabourn F'95 0242 - 243; (2p9s) .�eq�Mhelr�hd,J q" Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leanin or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems ofcommunicationsor power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through said property. / IN WITNESS WHEREOF, the undersigned has signed and sealed this Signed, sealed and delivered In the presence of: eN n I - (wit-n-essss' Signature) Print Name, ��typ A �J6 bt ; f, E (Witness) pI itne gna re)) Print Name: . )h lit' i[ 'n Wfu Kier (Witness) �y-'' " Print Name: Print Address: PM By: (Grantor's signature) Print Name: Print Address: 96 V STATE OF L AND CO NTY OF b Q . The foregoing instrument was acknowledged before me this 7 "' day of 20�, by 11 e , and , who is(are) pers ally wn to me or has(have) produced as identification, and who did (did not) take an oath. (Type of Identification) My Commission e • SFIANQAit Notary P c, Signature Z. Nowy Puck - ftb of'todda ( n 1 • 3NCwwbWm E*WJW 13, x00i Print Name Bondrid N�Iw A11e. Book614/Page242 CFN#2006017717 Page 1 of 2 PTPage 2 of 2 EXHIBIT "A" Section 15 Township 34 S, Range 35 E h b County, Florida Scale: FPL Work Request No. Indicate North Descriptions: An easement, 15 feet in width, lying in Block 21, "Okeechobee", according to the plat thereof recorded in Plat Book 5, Page 5 of the public records of Okeechobee County, Florida. Said easement occupying lands shown as a 15 feet wide, EastlWest alleyway within said Block 21. Said easement being bounded on the North by the South line of Lots 1 through 10, said Block 21, Bounded on the East by the West right-of-way (R/W) NW 5 h Avenue, bounded on the South by the North line of Lots 17 through 2, said Block 21, and bounded on the West by the West line (and the southerly extension thereof) of the aforesaid Lot 10, and the West line (and the northerly extension thereof) of the aforesaid Lot 17. An easement, 15 feet in width, lying in Block 21, "Okeechobee", according to the plat thereof recorded in Plat Book 5, Page 5 of the public records of Okeechobee County, Florida. Said easement occupying lands shown as a 15 feet wide, North/Southt alleyway within said Block 21. Said easement being bounded on the North by the South right-of-way (R/W) line of NW 12t' Street, bounded on the East by the West line (and the southerly extension thereof) of Lot 10, said Block 21 and the West line (and the northerly extension thereof) of Lot 17, said Block 21, bounded on the South by the North R/W line of NW 11t' Street, and bounded on the West by the East line of Lots 1 through 6, aforesaid Block 21. STATE OF FtORIDA OKEECHOBEE COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY Of THE RiCORDS ON FILE IN THIS OFFICE SMAR M WO BY!��"' . DATE Book614/Page243 CFN#2006017717 Page 2 of 2 rxpeciition jurveying & F,ngineerinty, Inc. Office: 5o4 NW 5" 5treet, Okeechobee Legal Description Report Date: July 25, 2006 To: Rudd Jones. P.E. d Associates, P.A. Re: UTILITY EASEMENT FOR SOUTHERN TRACE ESE Job Number: 05.00W Descriptions: An easement, 15 feet in width, lying in Block 21, "Okeechobee", according to the plot thereof recorded in Plat Book 5, Page 5 of the public records of Okeechobee County, Florida. Said easement occupying lands shown as a 15 feet wide, East/West alleyway within said Block 21. Said easement being bounded on the North by the South line of Lots 1 through 10, said Block 21, Bounded on the East by the West right-of-way (R/W) NW 5"' Avenue, bounded on the South by the North line of Lots 17 through 2, said Block 21, and bounded on the West by the West line (and the southerly extension thereof) of the aforesaid Lot 10, and the West line (and the northerly extension thereof) of the aforesaid Lot 17. An easement, 15 feet in width, lying in Block 21, "Okeechobee", according to the plat thereof recorded in Plat Book 5, Page 5 of the public records of Okeechobee County, Florida. Said easement occupying lands shown as a 15 feet wide, North/Southt alleyway within said Block 21. Said easement being bounded on the North by the South right-of-way (R/W) line of NW 12th Street, bounded on the East by the West line (and the southerly extension thereof) of Lot 10, said Block 21 and the West line (and the northerly extension thereof) of Lot 17, said Block 21, bounded on the South by the North RAN line of NW 11"I Street, and bounded on the West by the East line of Lots 1 through 6, aforesaid Block 21. E xpejition �5urve9ing & F ngineering, Inc. Mail: cost (Dffico E)ox 1610 - Okcccho6cc, rL 54975-1 6 I o (Voice) 80-W-6688 (raft) 865-W -6684 P,ye 17 Voice I Data I Internet I Wireless I Entertainment June 8, 2006 Mr. Steven Dobbs Rudd Jones, P.E. & Associates, P.A. 210 NW Park Street, Suite #204 Okeechobee, FL 34974 Dear Mr. Dobbs: -"N .m E M BARG7 Embarq Corporation Mailstop: FLAPKA0305 P.O. Box 165000 Altamonte Spgs, FL32716-5000 EMBARQ.com I am in receipt of the material you faxed to me on May 30, 2006, regarding your application to close five 15' alleys in Okeechobee, Florida. The alley in Block 21 has Embarq cable, which provides service to 4 residences. Embarq Florida, Inc. has no objection to the closing of the 5 alleys listed in your application, on the condition that an easement will be granted to Embarq covering the alley that is currently in Block 21. Please call me should further discussion be needed. Yours truly, John Hopkins Voice: (407) 889-1627 Wireless: (407) 694-8340 Fax: (407) 889-1636 Donnie Robe son, Public Works Date Oscar Bermudez, Engineer Date AJ ZU 4LANGAMI A, CMC, CITY CLERK DA E 2• tid9181 7 1615141312111 4, 121111,d9181716151413I ALLEY CLOSING APPLICATION NO, 85 SUBJECT PROPERTY NW i7TH�ST�� 1�1110�6'5 4t3t. 1415161 15111 20 21 4• SURROUNDING CLOSED ALLEYS NW 16TH ST 1 13 11098 7 65432 1 ' �— _ 181a/41312 it 10 2 I t_t, iltj� 2. 1415161 18192071 4 �K. 4 1 mis 21 23 4 510 NW 15 M ST 6 9 A l f 5 a 3 2 , 131211109 8 7 8 5 4 3 T t 1 181 141 12 1IT, I 9 2 1 1 2021 4 /415181 18192021 44 1 1819 21 23 #M.87, 5 t - 8 Nt t 8 t5 5 a 3! t t:St 171 y$ 7 t 11 5 a 3 7 1 161` a13t2 tt 10 9 8 7 12 141576t71 1 20 2t �;N 14 3 ,p 1 2 27 8 t, .; � NE 13H ST 70 i 767514t St? ! -J 9 8 7 " > �2 y F '� F 5 a t "A Wa 65 a S E12THST Ij 1 +'f 1'S 21t 1175 8 i 6 5 a 3 7 11b7 74 3121! I1 II 3 t 2U 2t ir Z LL, 79 t9 21 )3 4 � W Q EAU '021 11 ?_ t6 V"2 �:n 31' 77109`8 n i t mm mmmmmm► fillmmmmmm mmm��mmmmm ®moo�0000mo NUMBER- - III OEMTRAN • • • i'I t►i11'iG;illY3NY.1.'+1; 1111tr:1' • I ur Io � h O h N Bid Tabulation Calc. By: PM Base Bid Date: 12/18/2006 Checked By: JO Okeechobee Commerce Center -NE 12th Street Extension BOUK Dads, Inc. COMMUM f As halt Corp. Telehar Corporation Price Amount Price $94 000.00 $171 000.00 $5157.00 $1.90 $3 500.00 $100,000.00 530.00 $2.50 $124 860.00 $4.70 $2 570.00 $10.50 $33 550.00 $3.10 $65,306.50 $15.70 Amount Price Amount $94 000.00 $0.90 $3 500.00 $12.20 $1.00 $1.00 $8.10 $171 000.00 $10 887.00 $100 000.00 $9125.00 $106 690.00 $280 35.00 $17 050.00 $2 500.00 41.75 $7 800.00 $3.00 $2.60 $7.50 $4.00 $2,500.00 $10 027.50 $7 800.00 $10,950.00 $59 020.00 $20 025.00 $22,000.00 $16.45 $62,329.00 $12.72 "t $60,498.40 $18.35 20 $325.00 270.00 725.00 360.00 .40 $87.20 $150.00 25 $206.00 50 1.65 $4 360.00 $82.00 $10,918.251 $21.00 $34,112.001 $9.50 $846.001F $1 050.00 $3 70.00 $4160.00 $13.625.001$3160.00 $8.720.001 $4150.00 $11.379.60 $72.00 $3.488.001 $87.00 $200.00 $5.00 $2 025.00 $310.00 $3.625.001 .80 20.00 $335.00 $208.00 $14.00 .00 $5.00 $13 080.00 $5 770.00 $99,220. $70.00 $12,495.00 $39 520.00 $2 730.00 $4160.00 $15 800.00 $8 320.00 $12 528.00 $3 480.00 $200.00 $4185.00 $11 280.00 $1,340.00 $448.00 $1200.00 $17 310.00 $84,700.00 $20.05 $9.00 $769.23 $6 000.00 $5,000.00 $6 000.00 $60.00 $80.00 17.50 $88.89 $1.44 $600.00 $93.75 $29.17 $4 700.00 $72.00 $11,929.75 $37 440.00 $2 000.00 $6 000.00 $15,000.00 $12 000.00 $10,440.00 $3 200.00 $700.00 $1200.02 $20 304.00 $2400.00 $3 000.00 $7.000.80 $14,100.00 $87,120.00 $579,395.35 $724,812.00 * $4161655.46 * Bid amount on submitted bid form does not match unit price. Amount in this bid tabulation reflects exact amount based on the unit price stated on the submitted bid. Bid Tabulation 2006 12 15 r r December 27, 2006 INC. Brian Whitehall, City Administrator City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974 Re: NE 121h Street Extension Recommendation of Contract Award City Bid No: PW-05-00-11-06 CDBG No: 06DB-3K-07-57-02-E10 I,BFH PN 05-0121 Dear Mr. Whitehall: On December 15, 2006. the bids were opened for the NE 121h Street Extension. i There were three (3) bidders for the project — Better Roads. Inc.. Community I Asphalt. Inc.. and Telehar Corporation. Telehar Corporation was the apparent low bidder for the project with a base bid price of $416.656.00 and an alternate bid f price of $30.954.00. The total hid amount was S4 i7,610.00. It appears that all of the required documentation is included within the bid submitted. There was a slight discrepancy in the total amounts due to round off errors. The total discrepancy amounted to $3.59 in the favor of Telehar Corporation. LBFH feels this amount is negligible. Telehar Corporation provided a list of references at our request. We have contacted the references provided and each of the references contacted stated that Telehar Corporation is a qualified firm that has completed projects for them in a timely fmanner with minimal problems or changes. Therefore, we find Telehar Corporation to be a responsive and responsible bidder. We recommend that the contract for the NE 12"' Street Extension project he awarded to Telehar Corporation in the bid amount of S447.610.00. Should you have any questions regarding the above- please let us know. ! 5in.:�rcly. i LBFH, Inc. James R. Orth. P.E. Client Service Manager Cc: Nancy Phillips Peter May i I'Aui -uI' 1`.( ,ern:>pond-:tt ce LcueimAward kcc d.x MEMORANDUM NANCY PHILLIPS & ASSOCIATES, L.C. 7408 Edisto Drive Tel: 561-432-1524 Lake Worth, Florida 33467 FAX: 561-432-6734 December 27, 2006 TO: Mayor and City Council Members FROM: Nancy Phillips, Grants/Funding Specialist SUBJECT: Award of Commerce Center Improvements to be Funded Through the Community Development Block Grant (CDBG) 06DB-E10 Project On December 15`h bids were received and opened for the above noted improvements. The extension of the sewer lines and construction of roadway improvements are required to allow for Olde Tyme Construction to build their facility in the City's Commerce Center. Three (3) bids were received. LBFH, the project engineer, is recommending award to the low bidder, Telehar Corporation. The CDBG funded activities noted in the base bid total $416,655.46. The alternate bid of $30,954.54 is to cover the extension of the roadway improvements to the top of parcel 5. It is my understanding that Olde Tyme Construction will be paying for the alternate bid. Therefore, please consider the award to Telehar Corporation in the amount of $416,655.46 to be paid for by the CDBG E10 grant, pending DCA approval. Also consider awarding to Telehar Corporation the alternate bid in the amount of $30,954.54 to be paid for by Olde Tyme Construction. CDBG will require that Olde Tyme Construction escrow these funds with the City prior to the start of construction. Thank you for considering this request. Please feel free to contact me if you have any questions. /nsp Bidding Information and Contractor Eligibility Local Government City of Okeechobee CDBG Contract # 06DB-3K-07-57-02-E10 A contract is expected to be awarded to the contractor(s) listed below. Please advise whether any contractor is identified on the List of Parties Excluded From Federal Procurement Programs. Bid Bid Wage Decision Information Prime Contractor Amount Date Number Modif. # Telehar Corporation $416,655.46 12-15-06 FL20030035 FL20030097 Contract Work: Extension of Sewer Lines and Construction of Roadway Subcontractors: None Listed 1. There is XX is not additional work to be bid. 2. Is contract award to the apparent low bidder? Yes No* 3. After bid opening, was any bidder allowed to modify his bid, or was XX Yes* No the project changed in any way? Yes* XX No 4. Was any bidder rejected or allowed to withdraw after bid opening? 5. If there is only one bid, is it within the estimate or do the files Yes XX No* document the bid is reasonable? Three (3) Bids Received Yes No* 6. Has the prime contractor documented efforts to obtain minority and women subcontractors as required by 24 CFR 85.36(e) (2) (vi)? (Keep in project files.) XX Yes* No 7. Did any party (bidder, sub, supplier) file a protest? (Grantees must have written protest procedures.) Yes* XX No For these situations, please provide details on a separate sheet of paper. Discussion with DCA before contract award is advised to ensure compliance with procurement regulations. Please note that name search for Debarment requirements was completed on 12-27-06. Nancy Phillips Nancy Phillips Name Signature 12-27-06 Date Use a separate form for each prime contractor. City of Okeechobee, Florida December, 2006 DRAFT For Review Only Prepared by: == Walter H. Keller, Inc. Consulting Engineers & Planners Coral Springs • Sewall's Point 2 - University of Florida BEPR Projected Population ( per Co Comp Pln 5/10/05) DRAFT For Review only N 0 C :00 Zi 0 Gbh Legend County Boundary Entire County Unicorporated Area IM City of Okeechobee Uj Cf) 1V 7 OSCEOLA BLVD/20 IT 7 FLORIDA'S TURNPI 6LAN ROAD /N E ST/ ORANGE AVE Cf) �,PIKEEOiOE -7 C 8/NVVA" 60TH E 144 N.E. 0 S T > < UJ Cx:) (4 SR 70 70 0 Okeechobee County Impact Fee Study Figure 1 - Impact Fee Zones Y/ LLJ A /I V,7 1 2 4 Miles 2 Ole Walter H. Keller, Inc. UMConsulting Engineers & Planners Coral Springs - Sewall's Point Table 3 - City of Okeechobee Capital Improvement Summary (Adjusted) Mini Pumper/Brush Vehicle Training Facility w/OCFR Ladder Truck Fire Engine/Pumper Communication System New Tone Out System for Dispatchers Special Ops inc Homeland Securitv Tasers Motorola Radios & Command System Law Enforcement Cad System Crime Scene Van & Equipment Evidence Drying Cabinet Laptops & Projector K DVD Digital Video System Intoxilizer Office Expansion & Upgrade Squad Cars & Eauipment Tractor Mowers Dump Trucks Sidewalks Building Equipment Buildings Drainage Improvements Road Construction Studies & Imnrovement my Total 'ce: City of Okeechobee Walter H. Keller, Inc. $ 200,000 70% $ 300,000 70% $ 1,000: 70% $ 500000000 70% $ 500,000 70% $ 200,000 70% $ 200,000 90% $ 2,900,000 $ 12,075 90% $ 39,305 75% $ 100,000 `_' 75% $ 24,000 75% $ 4,900 Ui 75% $ 8,000 ^ 90% $ 45,000 90% $ 6,300 90% $ 50,000 75% $ 1,324,800 80% $ 1,614,380 $ 120,000 65% $ 100,000 65% $ 250,000 65% $ 70,000 65% $ 450,000 65% $ 5,170,000 65% $ 1,000,000 65% $ 500,000 50% $ 7,660,000 $ 12,174,380 $ 60,000 0% $ 90,000 25% $ 300,000 0% $ 150,000 0% $ 150,000 0% $ 60,000 0% $ 20,000 0% $ 830,000 $ 1,208 0% $ 9,826 0% $ 25,000 0% $ 6,000 0% $ 1,225 0% $ 800 0% $ 4,500 0% $ 630 0% $ 12,500 50% $ 264,960 0% $ 326,649 $ 42,000 0% $ 35,000 0% $ 87,500 50% $ 24,500 0% $ 157,500 50% $ 1,809,500 50% $ 350,000 50% $ 250,000 0% $ 2,756,000 $ 3,912,649 $ 60,000 $ 67,500 $ 300,000 $ 150,000 $ 150,000 $ 60,000 $ 20,000 $ 807,500 $ 1,208 $ 9,826 $ 25,000 $ 6,000 $ 1,225 $ 800 $ 4,500 $ 630 $ 6,250 $ 264,960 $ 320,399 $ 42,000 $ 35,000 $ 43,750 $ 24,500 $ 78,750 $ 904,750 $ 175,000 $ 250,000 $ 1,553,750 $ 2,681,649 Table 4 - City of Okeechobee Impact Fee Calculation Ten (10) Year Capital Cost City Improvements• Fire Police Public Works Ten (10) Year Unit Growth City City Unit Fees: Fire Police Public Works Total Impact Fees * $ 807,500 $ 320,399 $ 1,553,750 700 $ 923 $ 339 $ 1,708 $ 2,970 Source: Walter H. Keller, Inc. * City fees, do not include County or School Board. I Table 5 - City of Okeechobee Funding Needs Ten (10) Year Capital Cost Clty Improvements• Fire Police Public Works Source: Walter H. Keller, Inc. $ 2,900,000 $ 807,500 $ 2,092,500 $ 1,614,380 $ 320,399 $ 1,293,981 $ 7,660,000 $ 1,553,750 $ 6,106,250 Total $ 12,174,380 $ 2,681,649 $ 9,492,731 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: Brian Whitehall, City Administrator From: James Q LaRue, AICP Date: January 2, 2007 Subject: 2007 Comprehensive Plan Amendment Cycles In accordance with Section 163.3187(1), F.S., the City is allowed to amend the Comprehensive Plan two times during any calendar year. The adoption date is the date that counts not the submittal date. In 2006, we anticipated being able to pursue at least one large scale Amendment to the Comprehensive Plan. That Cycle was to be during the summer/fall of 2006. Unfortunately, Cycle 12006 was not adopted during the 2006 calendar year because of the extensive amounts of staff time which was required to respond to DCA and the public on these major map revisions. When this Amendment is adopted at the January 2007 public hearing, it will be recognized legally as Cycle 12007. With that in mind I am requesting that the City extend the application deadline for Cycle II 2007 (previously Cycle II 2006) until February 28, 2007 to allow any interested parties sufficient time to complete an application and gather the necessary support documentation. JGL:lk cc: Lane Gamiotea, City Clerk Betty Clement, General Services Coordinator J