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2007-02-06 Regular Meeting
7 0 A CITY OF OKEECHOBEE FEBRUARY 6, 2007 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO.ORDER - Mayor: February 6, 2007 Regular City Council Meeting, 6:00 p.m. 11. OPENING CEREMONIES: Invocation given by Pastor Jim Hudson, His House Fellowship 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. Present Herb Smith with a Fifteen Year Longevity Service Award, PAGE 1 OF 16 Mayor Kirk called the February 6, 2007 Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by Pastor Jim Hudson of His House Fellowship Church; The Pledge of Allegiance was led by Mayor Kirk and members of Boy Scout Troop No. 955. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present Mayor Kirk presented a Longevity Service Award to Fire Chief Herb Smith, for his 15 years of employment with the City of Okeechobee. He was presented with a personalized crystal clock and certificate, which read: "In appreciation for your 15-years of hard work and dedication from February 2, 1992 through February 2, 2007. Service is the lifeblood of any organization. Everything flows from and is nourished by it. The City and your fellow citizens have benefitted greatly by your performance." Chief Smith thanked the Lord for the blessing of this opportunity and the Council for having confidence in him and giving him a chance. 1 705 fl FEBRUARY 6, 2007 - REGULAR MEETING - PAGE 2 OF 16 IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. A. Present Herb Smith with a Fifteen Year Longevity Service Award. He then thanked his spouse for her support, and added that it is nice to work with an Administrator who is supportive. continued. He commended his Staff on their great job performance, and thanked the citizens for their support as well. B. Proclaim ,February 18-24, 2007 as "National Engineer's Week." Mayor Kirk proclaimed February 18-24, 2007 as "National Engineer's Week"and read the proclamation in its entirety as follows: "WHEREAS, engineers have used their scientific and technical knowledge and skills in creative and innovative ways to fulfill society's needs, and WHEREAS, engineers face the major technological challenges of our time - from rebuilding towns devastated by natural disasters to designing an information superhighway that will speed our country into this new century, and WHEREAS, engineers are encouraging our young math and science students to realize the practical power of their knowledge, and WHEREAS, we will look more than ever to engineers and their knowledge and skills to meet the challenges of the future, NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayorof the City of Okeechobee, Florida, do hereby proclaim February 18 through 24, 2007, as NATIONAL ENGINEERS' WEEK in the City of Okeechobee." Mr. Chad Rucks, former President of the Treasure Coast Chapter of the Florida Engineering Society, was present to V. MINUTES - City Clerk. receive the proclamation. He thanked the Council for their support. A. Motion to dispense with the reading and approve the Summary of Council Member C. Williams moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the January 16, 2007 Regular Meeting. January 16, 2007 Regular Meeting; seconded by Council Member L. Williams. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA VI. AGENDA -Mayor. 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. There were none. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. I MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:10 P.M. A.1. a) Motion to read by title only proposed Ordinance No. 969 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 969 regarding Alley Closing Application Alley Closing Application No. 84, submitted by Brad Goodbread - No. 84, submitted by Brad Goodbread; seconded by Council Member L. Williams. City Attorney (Exhibit 1). 111 706 FEBRUARY 6, 2007 - REGULAR MEETING - PAGE 3 OF 16 VII. PUBLIC HEARING CONTINUED. A. 1. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 969 by title only 2. a) Motion to adopt Ordinance No. 969. b) Public comments and discussion. c) Vote on motion. KIRK - YEA C. WILLIAMS -YEA MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. Attorney Cook 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 IN PLAT BOOK 1, PAGE 17 AND BLOCK 1, ROYAL OAK ADDITION, AS RECORDED INPLAT 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 INAND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 969; seconded by Council Member C. Williams. 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. The proposed use for the property is for commercial development. No easements are being requested by the utility companies. Letters were sent to surrounding property owners with no response. Mayor Kirk asked whether there were any questions or comments from the public? There were none. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED. B.1. a) Motion to read by title only proposed Ordinance No. 972, amending Council Member Watford moved to read by title only, proposed Ordinance No. 972 amending the Future Land Use the Future Land Use Map regarding Application No. 07-001-SSA, Map regarding Application No. 07-001-SSA, submitted by Brad Goodbread; seconded by Council MemberC. Williams. submitted Brad Goodbread - City Planning Consultant (Exhibit 2). 111 b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED. FEBRUARY 6, 2007 - REGULAR MEETING - PAGE 4 OF 16 707 Vil. PUBLIC HEARING CONTINUED. B.1. c) City Attorney to read proposed Ordinance No. 972 by title only. Attorney Cook read proposed Ordinance No. 972 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITYOFOKEECHOBEECOMPREHENSIVEPLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; 11 PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt Ordinance No. 972. Council Member C. Williams moved to adopt proposed Ordinance No. 972; seconded by Council Member L. Williams. b) Public comments and discussion. This ordinance pertains to Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07- 001-SSA submitted by Bradley G. Goodbread, on behalf of property owners G-4 Land and Cattle Company and George A. Goodbread. The Planning Board reviewed the application at their January 18, 2007 meeting and recommended denial, it was not found to be consistent with the Comprehensive Plan based on the findings by the Planning Staff Report. Mr. Bill Brisson, Senior Planner of LaRue Planning and Management Services addressed the Council and reviewed the Planning Staff Report, also recommending denial based on the following: (A) The applicant's request to amend the Future Land Use Map would be inconsistent with the Future Land Use Element. The subject property is within the Single Family Future Land Use category and the RSF-1 Zoning District. (B) Public facilities would be available, but traffic impacts would be substantial as this area is residential and the roadway may not be able to support more commercial traffic. (C) The change from the Single -Family to Commercial Future Land Use category would create an incompatible use with the surrounding neighborhood. The existing Future Land Use categories, the existing Zoning Districts, and the existing uses of the surrounding area (north, south and west) are all compatible with each other. Should this be granted, the commercial use would be incompatible with the adjacent uses. (D) The applicant's request, should it be granted, would not be in compliance with the standards set forth in the Comprehensive Plan. Mayor Kirk asked whether there were any questions or comments from the public? Mr. Ed Bobbitt residing at 2024 Southwest 4th Avenue noted the surrounding area from 161h Street South still had areas available for commercial property, with.the zoning in place. We are not opposed to growth, we only ask that you look at the impacts that have already happened in the area. Mr. Brad Goodbread clarified that his "follow up" application for a rezoning will be for light commercial. The real estate market along Parrott Avenue has gone through the roof where only the larger businesses can afford the property. We are growing and there is a need for professional offices. 708 FEBRUARY 6, 2007 - REGULAR MEETING - PAGE 5 OF 16 VII. PUBLIC HEARING CONTINUED. B. 2. b) Public comments and discussion continued. Council Members asked various questions of Mr. Brisson regarding the Southwest section and those that have already been changed to commercial within the second block off South Parrott Avenue. Council Member Markham suggested allowing the commercial use to continue into the second block but stop at the alleyway. Meaning, that Light or Professional Office type commercial be allowed only on the West side of 2A Avenue but not the entire block to 3`d Avenue. Council Member Watford remarked this is a tough one because we have allowed commercial within that second block North of this area. Should this request have been five blocks north, I would not have a problem with this. 2. c) Vote on motion. Mayor Kirk stated, one thing we will face as a council is the encroachment into the residential neighborhoods. I think we have done an adequate job in keeping these balanced, we need to handle these with care and respect that we do not allow too much commercial. The consensus of the Council was that this is not the time for this area to change to commercial, noting that it will most likely in the future, due to its proximity to the WalMart intersection. KIRK - No MARKHAM - NO WATFORD - NO C. WILLIAMS NO L. WILLIAMS - NO MOTION DENIED. C.1. a) Motion to read by title only proposed Ordinance No. 973 amending Council Member Watford moved to read by title only, proposed Ordinance No. 973 amending the Future Land Use the Future Land Use Map regarding Application No. 07-002-SSA, Map regarding Application No. 07-002-SA, submitted by Glenda Bellamy and Renee Ellerbee; seconded by Council submitted by Glenda Bellamy and Renee Ellerbee - City Planning Member L. Williams. Consultant (Exhibit 3). 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. 973 by title only. Attorney Cook read proposed Ordinance No. 973 by title only, as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OFOKEECHOBEE COMPREHENSIVEPLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." C. 2. a) Motion to adopt Ordinance No. 973. 111 Council Member Markham moved to adopt Ordinance No. 973; seconded by Council Member C. Williams. n VII. PUBLIC HEARING CONTINUED. C. 2. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. Vill. NEW BUSINESS. FEBRUARY 6, 2007 - REGULAR MEETING - PAGE 6 OF 16 This ordinance pertains to Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07- 002-SSA submitted by property owners, Glenda Bellamy and Renee Ellerbee. The Planning Board reviewed the application at their January 18, 2007 meeting and recommended approval. Senior Planner Brisson briefly reviewed the Planning Staff Report, recommending denial. (A) The applicant's request to amend the Future Land Use Map would be inconsistent with the Future Land Use Element. The subject property is within the Single Family Future Land Use category and the RMF Zoning District and is already developed with a single-family residence. (B) Public facilities would be available, but traffic impacts for uses within the CHV could be substantial. Although this area is primarily residential, Southwest 2"d Avenue and Southwest 4t' Street could probably support more commercial traffic. However, this would need to be determined prior to allowing the commercial use. (C) The change from the Single -Family to Commercial Future Land Use category would create an incompatible use with the properties immediately adjacent to the subject property. In addition, should the City allow this request it would be setting a precedent in an area of the City which is best suited as a residential neighborhood. Southwest 2d Avenue currently acts as a buffer from the existing Commercial uses to the east. (D) The applicant's request, should it be granted, would not be in compliance with the standards set forth in the Comprehensive Plan. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Senior Planner Brisson stated that the Planning Board had some good points to support their decision of approval, but the Planning Staff still recommends denial. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS -YEA L. WILLIAMS - YEA MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:46 P.M. MOTION CARRIED. A.1. a) Motion to read by title only and set February 20, 2007 as a final Council Member Watford moved to read by title only, and set February 20, 2007 as a final public hearing date for public hearing date for proposed Ordinance No. 974 regarding proposed Ordinance No. 974 regarding Rezoning Petition No. 07-001-R, submitted by William Mason; seconded by Rezoning Application No. 07-001-R, submitted by William Mason - Council Member L. Williams. City Planning Consultant (Exhibit 4). 709 710 FEBRUARY 6, 2006 - REGULAR MEETING - PAGE 7 OF 16 VIII. NEW BUSINESS CONTINUED. A.1. 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. 974 by title only. Attorney Cook read proposed Ordinance No. 974 by title only as follows: "AN ORDINANCE OF THE CITY OFI OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING (H) TO RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) 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. 974. III Council Member Markham moved to approve the first reading of proposed Ordinance No. 974; seconded by Council Member L. Williams. b) Discussion. This Ordinance amends the Zoning designation from Holding (H) to Residential Single Family -One (RSF-1) for property located at the West Entrance of the Commerce Center. The petition was submitted by the property owner, William Mason. There were 20 notices sent to the surrounding property owners with one response, but no objection to date. The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. The Planning Board reviewed the application at their January 18, 2007 meeting and recommended approval. Senior Planner Brisson reviewed the Planning Staff Report, recommending approval. (1) The proposed single family use and RSF-1 Zoning is consistent with the Comprehensive Plan policies and the Future Land Use Map designation for this property. (2) Section 90-102(1) allows single family dwellings as a permitted use under the RSF-1 Zoning District. (3) The proposed single family use and RSF-1 Zoning District will not have an adverse effect on the public interest. (4) A single family dwelling would be appropriate for this location and compatible with the surrounding land uses. (5) The RSF-1 Zoning and accompanying single family use would not adversely affect property values or living conditions. Development of the subject property could encourage development of vacant lands adjacent to the applicant's property. (6) Should it be required, the proposed single family use could be buffered from surrounding uses. At this time, however, it does not appear that buffering will be necessary. (7) The proposed single family use will not create a density pattern that would overburden public facilities. The proposed RSF-1 Zoning would create consistency with the existing Single Family Future Land Use category. (8) The applicant is not proposing any density increases for the subject property. The rezoning request is to allow the applicant to develop the property within the parameter of the Single Family land use category consistent with the Comprehensive Plan. As such, traffic congestions, flooding or drainage will not be a problem for the site. 11 1 FEBRUARY 6, 2007 - REGULAR MEETING - PAGE 8 OF 16 711 Vlll. NEW BUSINESS CONTINUED. A. 2. b) Discussion continued. Planning Staff Report continued. (9) The only restrictions placed on the subject property are those which are set forth in the Comprehensive Plan and the Land Development Code. The proposed use has not been inordinately burdened by unnecessary restrictions. (10) By allowing the applicant to develop the property under the RSF-1 Zoning District, the applicant is not receiving any special privileges which are not granted to any other citizen under the same circumstances. Mayor Kirk asked whether there were any questions or comments? Mr. Charles Farmer addressed the Council stating his objections to one of the parcels in the request as it will be devastating for his bordering property that is zoned Industrial. The parcel (ID No. 3-15-37-35-0010-00010-001 L) is located South of Northeast 9'h Street and between Mr. Farmer's parcel (ID No. 3-15-37-35-0010-00510-0010) and the East side of Taylor Creek. Mr. Mason remarked that with this rezoning change, a residence might be a good investment for someone to live by the industrial area for security purposes. Mr. Farmer's concerns were due to the limitations a RSF-1 zoned property can cause an Industrial zoned property. For example, setbacks can be increased. The Future Land Use Map designations were then discussed as well. This parcel is designated Single Family and therefore the rezoning is only making the maps consistent. Mayor Kirk noted the Council has a lot of research to do on this area before the final hearing. 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 set February 20, 2007 as a final Council Member Watford moved to read by title only, and set February 20, 2007 as a final public hearing date for public hearing date for proposed Ordinance No. 975 regarding proposed Ordinance No. 975 regarding Rezoning Petition No. 07-002-R, submitted by Glenda Bellamy and Renee Rezoning Application No. 07-002-R, submitted by Glenda Bellamy Ellerbee; seconded by Council Member L. Williams. and Renee Ellerbee - City Planning Consultant (Exhibit 5). b) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED. 712 FEBRUARY 6, 2007 - REGULAR MEETING - PAGE 9 OF 16 Vill. NEW BUSINESS CONTINUED. B.1. c) City Attorney to read proposed Ordinance No. 975 by title only. Attorney Cook read proposed Ordinance No. 975 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 MULTIPLE FAMILY (RMF) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 975. Council Member Watford moved to amend the title from Heavy Commercial (CHV) to Commercial Professional Office III (CPO); seconded by Council Member L. Williams. b) Discussion. VOTE TO AMEND KIRK - YEA MARKHAM - YEA WILLIAMS - YEA C. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED TO AMEND. Council Member Markham moved to approve the first reading of proposed Ordinance No. 975 as amended; seconded by Council Member Watford This Ordinance amends the Zoning designation from RMF to CPO for property located at 203 Southwest 41h Street. The petition was submitted by property owners Glenda Bellamy and Renee Ellerbee. There were 20 notices sent to the surrounding property owners with no response to date. The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. The Planning Board reviewed the application at their January 18, 2007 meeting and recommended approval. The Council noted their appreciation to the Planning Board for recommending the change from Heavy Commercial (CHV) to Commercial Profession Office (CPO). c) Vote on motion. VOTE AS AMENDED KIRK - YEA MARKHAM - YEA WILLIAMS - YEA C. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED AS AMENDED. FEBRUARY 6, 2007 - REGULAR MEETING - PAGE 10 OF 16 713 VIII. NEW BUSINESS CONTINUED. C.1. a) Motion to read by title only and set February 20, 2007 as a final Council Member Watford moved to read by title only, and set February 20, 2007 as a final public hearing date for public hearing date for proposed Ordinance No. 976, amending proposed Ordinance No. 976, amending Section 90-343 of the Land Development Regulations regarding sexual Section 90-343 of the Land Development Regulations regarding predators; seconded by Council Member L. Williams. sexual predators - City Planning Consultant (Exhibit 6). 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. 976 by title only. Attorney Cook read proposed Ordinance No. 976 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING SECTION 90-343 OF THE LAND DEVELOPMENT REGULATIONS; CREATING PARAGRAPH ELEVEN THEREIN PROVIDING FOR SPECIAL EXCEPTION USES IN INDUSTRIAL ZONING CATEGORIES FORA REHABILITATION FACILITY, OR HALF -WA YHOUSEFOR SEXUAL OFFENDERS; PROVIDING FOR STANDARDS AND RESTRICTIONS TO ESTABLISH SUCH FACILITIES; PROVIDING FOR CONFLICTS, SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 976. III Council Member Markham moved to approve the first reading of proposed Ordinance No. 976; seconded by Council Member L. Williams. b) Discussion. A memorandum from City Planner LaRue recommended that the 1500 foot distance requirement should be lessened to a 1000 foot distance and that adult entertainment facilities should be added to the list of those uses that should be distanced from Sexual Offender Rehabilitation facilities or Half -way Houses. Council Member Watford moved to amend the distance from 1500 feet to 1000 feet and adding adult entertainment facilities to standards and restrictions; second by L. Williams. VOTE TO AMEND KIRK - YEA MARKHAM - YEA WILLIAMS - YEA C. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED TO AMEND. c) Vote on motion. VOTE AS AMENDED KIRK - YEA MARKHAM - YEA WILLIAMS - YEA C. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED AS AMENDED. 714 FEBRUARY 6, 2007 - REGULAR MEETING - PAGE 11 OF 16 VIII. NEW BUSINESS CONTINUED. D. Motion to adopt proposed Resolution No. 07-02 regarding the 2007 Council Member Markham moved to adopt proposed Resolution No. 07-02 regarding the 2007 Police Leasing of 24 Police Vehicles - City Attorney (Exhibit 7). 111 Vehicles with Popular Leasing; seconded by Council Member L. Williams. Attorney Cook read proposed Resolution No. 07-02 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE LEASE -FINANCING OF CERTAIN EQUIPMENT THROUGH EXECUTION OF A MASTER LEASE -PURCHASE AGREEMENT WITH POPULAR LEASING U.S.A., INC.; PROVIDING FOR THE PAYMENT OF THE LEASE PAYMENTS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE." Council Member Watford stated that he would be abstaining from voting due to his employment with Okeechobee Motor Company, who was the successful bidder for the cars. KIRK - YEA C. WILLIAMS -YEA MARKHAM - YEA L. WILLIAMS - YEA WATFORD - ABSTAINED* MOTION CARRIED. E. Motion to adopt proposed Resolution No. 07-03 regarding Planned Council Member Watford moved to adopt proposed Resolution No. 07-03 regarding Planned Unit Development (PUD) Unit Development (PUD) zoning districts - City Planning Consultant III zoning districts; seconded by Council Member Markham. (Exhibit 8). Attorney Cook read proposed Resolution 07-03 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, ENACTING AN ABEYANCE ON ALL SITE PLAN APPLICATIONS RELATING TO PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICTS; PROVIDING FOR TIME TO ENACT "ZONING IN PROGRESS" TO REVISE THE PLANNED UNIT DEVELOPMENT REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE." Attorney Cook met with Administrator Whitehall and Senior Planner Brisson regarding the Planned Unit Development (PUD) regulations as they are vague and requested the abeyance to allow further consideration. At the present time, there are no pending site plan reviews for a PUD. Mr. Brisson stated that the revised regulations will be available for the March 22"d Planning Board meeting, it will then be forwarded to City Council for consideration at the April 3, 2007 meeting. FEBRUARY 6, 2007 - REGULAR MEETING - PAGE 12 OF 16 715 VIII. NEW BUSINESS CONTINUED. E. Motion to adopt proposed Resolution No. 07-03 regarding Planned VOTE Unit Development (PUD) zoning districts - City Planning Consultant KIRK - YEA MARKHAM - YEA WATFORD - YEA (Exhibit 8). C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED. F. Motion to`approve two Temporary Street Closings submitted by Council Member Watford moved to approve two Temporary Street Closings submitted by Okeechobee Main Street; Okeechobee Main Street - City Clerk (Exhibit 9). Southeast 3ro Avenue between Southeast Park and 2"d Streets, from 7:00 a.m. March 2 through 6:00 p.m. March 3 for the Top of the Lake BBQ and Southwest 41h Avenue between North and South Park Streets, from 12:00 noon SE 3nd Avenue between SE Park and 2' Street, from 7:00 February 23 through 7:00 p.m. February 25 for the Top of the Lake Art Festival; seconded by Council Member C. a.m. March 2 through 6:00 p.m. March 3 for the Top of the Williams. Lake BBQ. VOTE SW 4" Avenue between North and South Park Streets, KIRK - YEA MARKHAM - YEA WATFORD - YEA from 12:00 noon February 23 through 7:00 p.m. February C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED. 25 for the Top of the Lake Art Festival. G. Presentation of Okeechobee Main Street Quarterly Report - Maureen Burroughs, President of Okeechobee Main Street presented the First Quarterly Report for 2007. What Have Maureen Burroughs (Exhibit 10). We Done? Sponsored second annual Green Market in the park beginning November 1, 2006; Attended the Florida Main Street State Conference in Fort Pierce; Sponsored the Second Annual Christmas Window Contest - winner was Raulerson's Absolutely Art; Received a grant from Morgan Stanley in the amount of two thousand dollars ($2,000.00) to assist with the Juried Arts Fest and support of the various children programs sponsored by Main Street and the School Board; Presented Mural Guidelines to the County for adoption; Secured an agreement with Embarq to place a mural on the downtown Central Office Building; Conducted the Second Annual Halloween Festival in the park with assistance from various non-profit organizations and the City; Developed plans for First Annual Juried Arts Fest in the park for February 23-24, 2007; Received confirmation from the State on the Old Jail grant ranking us eighteenth on the list of over 140 grants for funding - money to be distributed in July 2007; Completed business survey for Local Program Area which will assist in determining needs of our local businesses; Completed the State Quarterly Report - to date OKMS has volunteered 14,206.5 hours from the beginning of the program, when multiplied by $6.15 hourly rate the value is $87,368.98 in -kind contributions to the Okeechobee Main Street program and to Okeehcobee; Sponsored Honey Baked Hams promotion (Thanksgiving and Christmas) as a community service; Provided an internet media advertising program (ShopMainStreet.org) for Main Street members (free of charge) to advertise their businesses; Conducted meeting with CSX representative to begin negotiations to secure ownership of old train station; Completed conceptual plan for Courthouse Park and presented to Board of County Commissioners; Established three new business members and two new individual memberships - this brings our total membership to 84 businesses and 38 individuals; Hired new Program Manager in December 2006. 716 FEBRUARY 6, 2007 - REGULAR MEETING - PAGE 13 OF 16 Vill. NEW BUSINESS CONTINUED. G. Presentation of Okeechobee Main Street Quarterly Report What's Next? Developing project plans for several community events: Juried top of the Lake Art Fest; Fifth Annual continued. Top of the Lake BBQ Affair; Additional mural projects for the downtown area sponsored by Okeechobee Main Street; save the Old Jail program; Adopt a Median Program; Development of plan for securing funding for Courthouse Park via grants, private and public monies. Mrs. Burroughs also presented the Profit and Loss Budget Report for October through December 2006 which showed a net income of one thousand nine hundred ninety-eight dollars and forty-eight cents ($1,998.48). Council Member Watford wished Okeechobee Main Street well with their presentation before the Board of County Commissioners regarding the Old Jail renovation. He also stated that State Representative Maycheck and Senator Pruitt, should be recognized for their efforts with this project. Administrator Whitehall clarified to Mrs. Burroughs to be sure she knew that the Design Committee Review Board still has not been set up for the mural program, so the process will be to present them to the City Council for approval. Attorney Cook will be submitting an ordinance soon to change this process. H. Consider a request to waive parking requirement for Elite Title - Ms. Frances Watford, owner of Elite Title, was present to request a complete waiver of on -site parking for her business Chris Close. III located at 311 Northeast 2"d Avenue, and distributed a letter from State Farm Insurance consenting to the use of their parking lot for Ms. Watford's overflow parking or off site parking needs. Administrator Whitehall explained that he met previously with the contractor Mr. Chris Close in August 2006 regarding adding four parking spaces on the North side of the property. It is not the required number of spaces but it would show an effort on the owners part, as opposed to no additional parking at all. He also stated that even though Ms. Watford has parking permission from State Farm, it does not meet the on -site parking requirements. They have the property to bring this parking issue into compliance. Another matter has been illegal parking along the right-of-way on Northeast 4`h Avenue (East of the building). Council Member Watford stated this is one of those special circumstances as there was an old residence that was turned into a recent business prior to the refurbishing in which they were allowed to operate with the parking that is there now. The City needs to establish some guidelines for these special circumstances. Council Member Markham agreed that something has to be done for older buildings and parking regulations. Council Member L. Williams noted that this situation is different from others in the past as they were zoned Residential Single Family, and then changed to Commercial, whereas her property was already zoned Commercial. CcoeneovC 7nny .-un...-aAAn • 17 1 .xcr ,: ,' "J <..�- :4.0 9' �'a'• �x-+ .:;� .., .,':, vy ar% r ,,.; Yr .. ^.. - w.. x.... ��. •... ,. ,. _..,-..z-..., .. f .: �+^�Y; .:..=a. .. .x.. �^�,_....., s < ,.,��,...a.�-. ,.:..ir '`Z'.., ,a %, '�� ,: �..� '.�+R ' z^. ... Vill. NEW BUSINESS CONTINUED. vvwvu+n Iwo - rM r1.<' y 1u_.. � ..- .... .,... . ,.: .3 e, x. -.;• ;. Cz .nt. ••:,c. Mary ..,d,: ,,.f at- ',•v .fix,^ ,„.cs .:Y a H. Consider a request to waive parking requirement for Elite Title continued. Mayor Kirk asked even though Ms. Watford has a letter of consent for parking from State Farm which states that Ms. Watford is the owner of Elite Title, what happens should she sell the business? Attorney Cook replied that the new owner would have to bring the property into compliance. Council Member Watford moved that the City of Okeechobee grant to waive the parking requirements for Elite Title presently owned by Ms. Frances Watford, along with the consent parking agreement by adjoining property owner State Farm and that there will be no parking on the East right-of-way, it is also understood that this waiver is for this owner only, the property will have to be brought into compliance should the owner or use change; second by Council Member L Williams. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - NO L. WILLIAMS - YEA MOTION CARRIED. I. Motion to approve an Interlocal Agreement between the Okeechobee Utility Authority, Okeechobee County, and the City of Okeechobee - John Hayford (Exhibit 11). Okeechobee Utility Authority Executive Director John Hayford and Attorney Tom Conely, addressed the Council regarding the Third Amendment to the Interlocal Agreement creating the OUA. It was explained that this is basically a house keeping item affecting the County and not necessarily the City. However, an amendment to the agreement takes action by both entities. Article 11, paragraph 3.2 authorizes the OUA to levy special, non -ad valorem assessments set by, Florida Statutes, the statute number reference in the agreement for the City is correct. However, one of the chapters was left out for the County, number 153. There was a brief discussion on the matter. The majority of the Council did not realize that this authority was already given to the OUA by statute and the agreement. They also questioned why it was not listed that the City be given a 60 day written notice in advance of the effective date of any special non -ad -valorem assessment levied. Council Member Watford moved to approve the Third Revision to the Master Interlocal Agreement between the Okeechobee Utility Authority, Okeechobee County, and the City of Okeechobee with the amendment that the City of Okeechobee be given a sixty (60) day written notice in advance of the effective date of any special non -ad -valorem assessment levied; seconded by Council Member Markham. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED. 718 FEBRUARY 6, 2007 - REGULAR MEETING - PAGE 15 OF 16 d.. r ""4. r.,s; 3r y,a ,.•'. `v;r' ``a''^=. {x: .r:.RR ,�:`A: „ .::i:. ,,y:. <i^F c,y - $'-«sue : -.:'°ai L"`'uea . .:. Vill. NEW BUSINESS CONTINUED. J. Motion to approve an agreement with Kimley-Horn and Associates, Administrator Whitehall requested this item be deleted at this time. Inc. (KHA) as the consultant for preparing the school element for the City's Comprehensive Plan, which is a prerequisite of legislative concurrency - City Administrator (Exhibit 12). K. Motion to approve a change order for the Street Overlay Project in Council Member Watford moved to approve Change Order No 1 to Better Roads in the amount of six thousand, one the amount of $6,118.22 - City Administrator (Exhibit 13). hundred eighteen dollars and twenty-two cents ($6,118.22), for the Street Overlay Project, original contract price was $431,687.50, contract is now $437,805.72; seconded by Council Member L. Williams. Administrator Whitehall remarked the need for the change order was the addition of the continued work along Southwest 121h Avenue for paving and guard rails. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED. L. Motion to approve an Interlocal Agreement creating the Treasure Council Member Markham moved to approve an Interlocal Agreement creating the Treasure Coast Regional League Coast League of Cities and designate a representative - Dowling of Cities and designate Dowling Watford as the City's representative; seconded by Council Member L. Williams. Watford (Exhibit 14). Mr. Watford explained there are two methods to form this organization, one is by creating a non-profit corporation or this method, having all the parties enter into an agreement. This being the easiest and faster was the one chosen. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED. M. Consider recommendation from the Code Board to proceed with' At the January 9, 2007 meeting, the Code Enforcement Board recommended the City Council proceed with foreclosure foreclosure on property owned by John and Susan Hanner for non- proceedings on Case No. 06-172 for property owned by John and Susan Hanner. The property has been in violation compliance - City Attorney (Exhibit 15). for several months. The Board has exhausted all efforts to work with the owners. There are several violations on this property. Council Member C Williams moved to instruct the City Attorney to proceed with the foreclosure proceedings on property located at 1002 Southeast 81h Drive owned by John and Susan Hanner for Non -Compliance, Code Board Case No. 06-172• seconded by Council Member Markham. I FEBRUARY 6, 2007 - REGULAR MEETING - PAGE 16 OF 16 719 Vill. NEW BUSINESS CONTINUED. M. Consider recommendation from the Code Board to proceed with VOTE foreclosure on property owned by John and Susan Hanner for non- KIRK - YEA MARKHAM - YEA WATFORD - YEA compliance C. WILLIAMS -YEA L. WILLIAMS - NO MOTION CARRIED. X. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media is for the sole purpose of backup for official records of the Clerk. ATTEST: Lane Camiotea; CMrtC;.City Clerk THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 8:24 P.M. The next regularly scheduled meeting is February 20, 2007, 6:00 p.m.. Council Member Watford's Form 8B Memorandum of Voting Conflict for Municipal Public Officers was completed and filed in the Office of the City Clerk. 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 Notice of City Council Meeting PO #13344 in the matter of City of Okeechobee City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974-2932 - ---------------------------- - - - - -------------- CITY COUNCIL MEETING NOTICE NOTICE IS HEREBY GIVEN that the City Council of the City of Okeechobee will ' In the Court, meet in Regular Session on Tuesday, February 6,2007,6:00p.m.atCity Hall, 55SE3rdAve, was published in said newspaper in the issues of 02/01 /2007 Rill200, Okeechobee, Florida. The public is invited and encouraged to attend. For a copy of the agenda contact City Administration at (863) 763-3372 x 212, PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with Affiant further says that the said Okeechobee Times is a newspaper respect to any matter considered at this meeting, such interested person will need a record of tile published at Okeechobee, in said Okeechobee County, Florida, and proceedings, and for such purpose may need to ensure a verbatim that said newspaper has heretofore been continuous) published in Y P record of the proceedings is made, which record includes the testimony and said Okeechobee, Florida as a dail ,week) , or bi-week) and has Y Y Y - upon which the appeal is to be based. Tapes are used for the sole purpose of back-up been entered as second ci;sss mail matter at the post office in forme Clerks office. In accordance with the Americans Okeechobee, in said Okeechf)bee County, Florida, fora period of one wnh Disabilities Act (ADA) and Florida Statute 28626. im r—o-1 disahilo- needing special year next preceding the fir: i publication of the attached copy of acconmmdmion to participate in this proceeding should advertisement; and affiant further says that he has neither paid nor contact Lane Gamiorea, no later than two (2) working days prior to the proceeding promised any person, firm or corporation any discount, rebate, at 863-763-3372 x 214; if you are hearing or voice impacall TDD 1-800-222-3448 commission or refund for the purpose of securing this advertisement (voice) or 1-888-447-5620 (TTY).ired, for publication in the said newspaper. .try: James E. Kirk, Mayor Lane Gamiotea,CMC, City clerk Publish: 02/01/2007 j Okeechobee Times ------------------------ .. . James A. Hughes, Jr., (Publisher) Sworn to and subscribed before me this } day of A.D. 2007 y (SEAL) Notary Public R/:,seaiee A, Brennan ., CoMa llissicn #'s)D3 i8483 Expires: Jun 25, 2009 • OF '� .. Bonded Ulm ntiartic Bonding Co., Inc. The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy dvert' em t, being a matter. 11 F � Atj /),A in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement fof publication in the said newspaper. NOTICE CONSIDEERRA ION OF ADOPTING A CITY ORDINANCE PVASf on 1. y MCer6 =%� 5b SE3rdAvegieechobe, f1 iwudret a PUBLICHEARINGand thereafter to consider final read' of the Ordnance aNor do law: OW. AN M NANCE CLOSING, VATTING �NDONING THE ALLEYS OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 46, FIRST ADDITION TO SOUTH OKEE- CHOBEE AS RECORDED IN PLAT BOOK 1, PAGE 17 AND BLOCK 1, ROYAL OAK ADDITION, AS RECORDED W PLAT BOWL 1, PAGE B PUBLIC RECORDS UH- CHOBEE COUNTY, FLWUWI, AND DIRECTING THE CTFY CLERK TO UM THE ORDINANCE IN THE PUBLI� WAN OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. The ordinance is regardng Alley Closing Application No. 84 submitted by Bradey G. Goodbread on behalf of properly ow ws G-4 Land and Cable Company, George A. Geodbread and GAGBEE, Inc. The request is to close the alley ruredrhg NoM to South located direcctltlyy between Lob 4 and 5 of Block 46, Rrst Addition to South Okeechobee Subdvlsion Plat Book 1, Pore 17 and between Lots 1 tisough 4 and 5 through 8 of Block 1, Royal Oak Addition Subdivision, Plat Book 1, Page 8 Pubk Records, Okeechobee, County, Florida. oed to atte d Threkpi po sari OrrSnorrce mayebe ceded In Ks y by e s oittre in the Office of the City Clerk during regular business hours, Mon-Fd, 8am 4: except fortrogdays. TTIkE g pp�SE tit am to a am decision ma 'tiy09' Cdfy Council wdr respect of -a�er considereE at mrs hearing, such.hderested person wig need a record of the proceedings, and for such purpou may need to ensure a verbatim record nt tt pros is made, Which record Nrcludes the to mrny and evidence upon vAach thappeals Is to be based. City Cleric tapes are for the sale purpose of backup for official records of tre Clerk. V 9.§%n'e;� %''=a�ee siperral 3ciron{m ribbon tRb1%a W1 s proceedkp shuld contact Lane Ganiolea rw later than two (2) worldrp days or to the proceed' at 863-763-3372 x215; if hearing or voice Impaired, call D 1-800 222-3448'voice) or 1-888447.5620 (M). 1i�,rlC, CITY CLERK,, ......................................... CONSTANCE L. HAWSE Swo to a d subs_crib d before me this r�Q ,; Comm#DD0563848 day o A.D. 20 '��: tippr — Expires 6/14/2010 �7ar^e= Florida Notary Assn.. Inc ..................................� Notary Public, State of Florida at Large Page -1 CITY OF OKEECHOBEE - February 6, 2007 - REGULAR CITY COUNCIL MEETING. HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Kirk, February 6. 2007 City Council Regular Meeting 6.00 p.m. II. OPENING CEREMOWES: Invocation given by Jim Hudson His House Fellowship Church• Pledge of Allegiance led by Mayor. III. 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 PROr�LAMATIONS - Mayor. A. Present Herb Smith with a f5-year longevity service award. B. --� Cam/ ,c - Mayor Kirk proclaimed February 18'-24, 2 07 as Natio al Engineer's Week." and read theft proclamation in its entirety as follow': WHEREAS, engineers have used their scientific and technical?: knowledge and skills in creative and innovative ways to fulfill society's needs; and WHEREAS, engineers faced' the major technological challenges of our time - from rebuilding towns devastated by natural disasters to designing an information superhighway that will speed our country into this new century; and WHEREAS, engineers are encouraging our young math and science students to realize the practical power of their` ... knowledge; and WHEREAS, w9 will look more than ever to engineers and their knowledge and skills to meet the challenges of the future; NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobe q, Florida, do hereby proclaim February 18 through 24, 2007, as NATIONAL G ENGINEERS' WEEK iq the Q,(of Oke chobee �I� L"�J 1.-'-wL� .! Lt..a-�•.[A✓LC� (/ 7 V. MINUTES - City Clerk. A. Council Member _(� moved to dispense with the reading and approve the Sum a f tncil Action for the January 16, 2007 Regular Meeting, seconded by Council Member --�- VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS MARKHAM WATFORD L. WILLIAMS MOTION: DENIE CARRIED - --Vi. -AGENDA-- Mayor, - A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION A- LC p,M, A. 1. a) Council Member moved to read by title only, Ordinance No. 969 regar g Alley f losing Applicatioft {� 84� sett#ec� by- Goodbread - City -Attorney jExh1 f}. b) Vote on motion to read by title only. VOTE _ -YEA --NAY _ ABSTAIN- A_BSENT-- - KIRK C. WILLIAMS - -- _ MARKHAM WATFORD _ - L WUfAMS- -A- -MOTION: DENIE C RRI , C) Attorney Cook 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, FIRS TA TO SO- TH OKEECHOBEE_AS. RECORDED IN PLAT BOOK 1, PAGE 17 AND BLOCK 1, ROYAL OAK ADDITION, AS RECORDED IN PLAT - -BOOK 1,-PAG€-€,-PVBLIC R€C©RDS,-OK€EVIOBE€-C©UNTY,- FWRIDA; AND -DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK - OFTHE-CIRCUtTCGURfit ANUFOROK-EECHOBEEC(X TY,-FLO , -fOR-AN- -_- EFFECTIVE DATE." 1 2. a) Council_Membe-r �'fJLLT&- moved to adoptproposed Ordinance No. 969, seconded by Council Member 21 b) Public comments and discussion. Alley Closing Application No. 84 was submitted by Brad Goodbread, on behalf of property owners, George A. Goodbread-,-GAGBEE,-Inc... And G--4 Can"1V-C-ame- Company:- 'Fie purpose of the oruininance i`s%c se -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. The proposed property is for commercial - - use..-No_easements.are beingrequested_ by tile -utility_companies __Utters were -sent to surroundhgproperty- owners with no response. cj -_ __- Vote -on motion. VOTE YEA NAY ABSTAIN ABSENT - - - -XIRK- . WILLIAMS WATFORD — - - - t- YOLUAMS -- - - -- - - -- -- MOTION: DENIE CARRIED. Page -3- B. i. a) council Member moved to read by title only, proposed Ordinance No. 972 amending the Future Land Use Map regarding Application No. 07-001-SSA, submitted by Brad Goodbread -City Planning Consultant (Exhibit 2). ? b) Vote on motion to read by title only. VOTE YEA - NAY ABSTAIN ABSENT KIRK C. WILLIAMS MARKHAM WATFORD L. WILLIAMS MOTION: DE c) Attorney Cook read proposed Ordinance No. 972 by title only as follows: "AN ORDINANCE OF THE CITY OFOKEECHOBEE, FLORIDA AMENDING THE CITY OFOKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C), PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member i moved to adopt proposed Ordinance No. 972; seconded by Council Member b) Public comments and discussion. This ordinance pertains to Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-001-SSA submitted by Bradley G. Goodbread, on behalf of property owners G-4 Land and Cattle Company and George A. Goodbread. The Planning Board reviewed the application at their January 18, 2007 meeting and recommends denial, it was not found to be consistent with the Comprehensive Plan. Mr. , reviewed the Planning Staff Report also recommending denial: Report Summary: The applicant is requesting a Future Land Use Map change from Single Family to Commercial to operate a professional office or to accommodatetheheavy commercial use across the street by alternating as a parking facility. Planning Staff Report Comprehensive Plan Analysis: (A) The applicant's request to amend the Future Land Use Map would be inconsistent with the Future Land Use Element. The subject property is within the Single Family Future Land Use category and the RSF-1 Zoning District. (B) Public facilities would be available, but traffic impacts would be substantial as this area is residential and the roadway may not be able to support more commercial traffic. (C) The change from the Single -Family to Commercial Future Land Use category would create an incompatible use with the surrounding neighborhood. The existing Future Land Use categories, the existing Zoning Districts, and the existing uses of the surrounding area (north, south and west) are all compatible with each other. Should this be granted, the commercial use would be incompatible with the adjacent uses. (D) The applicant's request, should it be granted, would not be in compliance with the standards set forth in the Comprehensive Plan. 4 ly ► t c.c�.a Ct L�c; i� y j7j j �C ,IL (4 5� J (Xi (�i .1 C CY.tr k t 1!� i Oyu 1 la.t.Zle Jia L. , le-9-kt-d J tF A- L41 '4 n i - r n 7 / I A VOTE YEA NAY ABSTAIN ABSENT - -- C. WILLIAMS - - -MIARK ANf -- - --- - WATFORD L. WILLIAMS---::::� - -- _ -- - ---- -- - -- ---- ---- - u • • ► �i� 1 ! ;; -V� t- f z ' f � �- �� 'I � �Le i 1 L> Page -5- C.1.a) Council Member_ moved to read by title only, proposed Ordinance No. 973 amending the Future Lan se Map regarding Application No. 07-002-SA, submitted by Glenda Bellamy ,a Renee Ellerbee - City Planning Consultant (Exhibit 3); seconded by Council Member b) Vote on motion to read by title only. VOTE KIRK C. WILLIAI MARKHAII WATFORC L. WILLIAI MOTION: c) Attorney Cook read proposed Ordinance No. 973 by title only, as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." } 2. a Council Member u `t J moved to adopt Ordinance No. 973; seconded by Council �(.�" � Member C,I b) Public comments and discussion. This ordinance pertains to Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-002-SSA submitted by submitted by property owners, Glenda Bellamy and Renee Ellerbee. The Planning Board reviewed the application at their January 1812007 meeting and recommends approval, it was found to be consistent with the Comprehensive Plan. Mr. Jim LaRue, reviewed the Planning Staff Report, recommending denial. Report Summary: The applicant is requesting a Future Land Use Map change from Single Family to Commercial to operate a professional office although a Commercial Future Land Use allows many other uses. The current corridor of land designated as Commercial Future Land Use in this area does not cross Southwest 2"d Avenue, south of Southwest 4 h Street. Planning Staff Report Comprehensive Plan Analysis: (A) The applicant's request to amend the Future Land Use Map would be inconsistent with the Future Land Use Element. The subject property is within the Single Family Future Land Use category and the RMF Zoning District and is already developed_ with a single-family residence. (6)_ Public facilities would be available, but traffic impacts for uses within the CHV could be substantial. Although this area is primarily residential, Southwest 2"d Avenue and Southwest 4t Street could probably support more commercial traffic. However, this would need to be determined prior to allowing the commercial use. (C) The change from the Single -Family to Commercial Future Land Use category would create an incompatible use with the properties immediately adjacent to the subject property. In addition, should the City allow this request it would be setting a precedent in an area of the City which is best suited as a residential neighborhood. Southwest 2"d Avenue currently acts as a buffer from the existing Commercial uses to the east. (D) The applicant's request, should it be granted, would not be in compliance with the standards set forth in the Comprehensive Plan. Page -7- VIII. NEW BUSINESS. A. 1 .a) Council Member ! moved to read by title only, and set February 20, 2007 as a final public hearing date for p posed Ordinance No. 974 regarding Rezoning Petition No. 07-001-R, submitted b illiam Mason - City Planning Consultant (Exhibit 4); seconded by Council Member b) VOTE KIRK Vote on motion. YEA NAY ABSTAIN ABSENT C. WILLIAMS MARKHAM WATFORD L. WILLIAMS MOTION: DE c) Attorney Cook read proposed Ordinance No. 974 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING (H) TO RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. " 2. a) Council Member moved t approve the first reading of proposed Ordinance No. 974; seconded by Council Member_ b) Discussion. This Ordinance amends the Zoning designation from Holding (H) to Residential Single Family -One (RSF-1) for property located at the West Entrance of the Commerce Center. The petition was submitted by property owner William Mason. There were 20 notices sent to the surrounding property owners with 1 response, but no objection to date. The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. The Planning Board reviewed the application at their January 18, 2007 meeting and recommends approval. City Planning Consultant LaRue reviewed the Planning Staff Report, recommending approval. (1) The proposed single family use and RSF-1 Zoning is consistent with the Comprehensive Plan policies and the Future Land Use Map designation for this property. (2) Section 90-102(1) allows single family dwellings as a permitted use under the RSF-1 Zoning District. (3) The proposed single family use and RSF-1 Zoning District will not have an adverse affect on the public interest. (4) A single family dwelling would be appropriate for this location and compatible with the surrounding land uses. (5) The RSF-1 Zoning and accompanying single family use would not adversely affect property values or living conditions. Development of the subject property could encourage development of vacant lands adjacent to the applicant's property. (6) Should it be required, the proposed single family use could be buffered from surrounding uses. At this time, however, it does not appear that buffering will be necessary. (7) The proposed single family use will not create a density pattern that would overburden public facilities. The proposed RSF-1 Zoning would create consistency with the existing Single Family Future Land Use category. (8) The applicant is not proposing any density increases for the subject property. The rezoning request is to allow the applicant to develop the property within the parameter of the Single Family land use category consistent with the Comprehensive Plan. As such, traffic congestions, flooding or drainage will not be a problem for the site. (9) The only restrictions placed on the subject property are those which are set forth in the Comprehensive Plan and the Land Development Code. The proposed use has not been inordinately burdened by unnecessary restrictions. (10) By allowing the applicant to develop the property under the RSF-1 Zoning District, the applicant is not receiving any special privileges which are not granted to any other citizen under the same circumstances. -- - - -- -- Page----8 bu, , a > 4,4/ -14 7 ; � cri — ikfL fix a{ VOTE YEA NAY ABSTAIN ABSENT C. WILLIAMS WATFORD L. WILLIAMS Page -9- i B.1. a) Council Member l i moved to read by title only, and set February 20, 2007 as a final public hearing date fo roposed Ordinance No. 975 regarding Rezoning Petition No. 07-002-R, submitted by Glenda Bell nd Renee Ellerbee - City Planning Consultant (Exhibit 5); seconded by Council Member A. b) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS MARKHAM WATFORD L. WILLIAMS MOTION: DENIEDtAR IED c) Attorney Cook read proposed Ordinance No. 975 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 MULTIPLE FAMILY (RMF) ZONING DISTRICT TO _ CPO AMENDING THEZONING MAPACCORDINGL Y; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. " 2. a) Council Member YU4i 1 moved to approve the first reading of proposed Ordinance No. 97�secoLde� by Council Member. , b) Discussion. - - This Ordinance amends the Zoning designation from Residential Multiple Family (RMF) to Heavy Commercial (.'for property located at 203 Southwest 41h Street. The petition was submitted by property owner Glendi Bellamy and Renee Ellerbee. There were 20 notices sent to the surrounding property owners with no response to date. The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. The Planning Board reviewed the application at their January 18, 2007 meeting and recommends approval. City Planning Consultant LaRue reviewed the Planning Staff Report, recommending denial. (1) The subject property is within the Single Family Future Land Use category and the RMF Zoning District is already' developed with a single family residence. The surrounding properties are also consistent and allowing this use sould be contrary to the Comprehensive Plan policies. (2) Section 90-282(1) permits professional office, business office, and medical offices in the CHV Zoning District. (3) It has not been demonstrated that the proposed use would avoid an adverse effect on the public interest especially increased traffic generation ire a residential neighborhood. (4) The use is not appropriate for this location. Furthermore, any future commercial use in this area could have a detrimental impact on the neighboring residential homes by allowing commercial traffic generation and other impacts related to operating a commercial venture. Such impacts may be incompatible with and difficult to buffer from adjacent uses. (5) Permitted uses such as those allowed in the CHV Zoning District could affect or have the appearance of affecting property values in the residential neighborhood. (6) Should it be granted, the use may be required to be buffered from the residential neighborhood. (7) The proposed use and CHV Zoning will not overburden public facilities such as schoola and utilities services. Traffic, however, would be increased. (8) The subject property will increase traffic as a result of future commercial use. Should this be approved, a site plan will be required to show drainage on the site. (9) The proposed use has not been inordinately burdened by unnecessary restrictions. (10) The proposed change could be interpreted as a special favor to an individual owner. Page -11- C.1. a Council Member , w ) moved to read by title only, and set February 20, 2007 as a final public hearing date r proposed Ordinance No. 976, amending Section 90-343 of the Land Development R lations regarding sexual predators - City Attorney (Exhibit 6); seconded by Council Member 1 b) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS MARKHAM WATFORD L. WILLIAMS MOTION: DENIED.) c) Attorney Cook read proposed Ordinance No. 976 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA, AMENDING SECTION90-343 OF THE LAND DEVELOPMENT REGULATIONS; CREATING PARAGRAPH ELEVEN THEREIN PROVIDING FOR SPECIAL EXCEPTION USES IN INDUSTRIAL ZONING CATEGORIES FOR A REHABILITATION FACILITY, OR HALF -WAY HOUSE FOR SEXUAL OFFENDERS; PROVIDING FOR STANDARDS AND _ RESTRICTIONS TO ESTABLISH SUCH FACILITIES; PROVIDING FOR CONFLICTS, SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member. moved ap rove the first reading of proposed Ordinance No. 976; seconded by Council Member b) Discussion. Attorney Cook advised that the City Council adopted Ordinance No. 967, January 2, 2007, which restricts the residence of convicted sexual offenders. Ordinance No. 976 amends certain areas of the zoning districts to allow specific permitted uses and special exceptions uses for the types of housing and half -way housing for these types of offenders by adding as follows: Section 90-343 Industrial Zoning district, Special Exception Uses adding the following language: (11) Rehabilitation or half -way homes. (a) That as provided in Ordinance No. 967, and included in Section 38-43, rehabilitation facilities or half -way homes for treatment and rehabilitation of sexual offenders shall be a special exception use in industrial zoning categories, subject to the following restrictions. (b) That any such facility shall be subject to all state laws pertinent to such facilities under the Laws of Florida. (c) That such facility shall at no time house in excess of six (6) sexual offenders, excluding employees and staff of the facility. (d) That such facility shall be licensed by the State of Florida and be staffed by professional and licensed mental heafth care providers, and provide an organized course of treatment and rehabilitation recognized by the State of Florida and the standard of care recognized by the professions of psychology or psychiatry. (e) That such facility shall not be located within_Ir-Wleet of school, public or private; a child care facility, church, public park, or a zoning district of RSF-1; RSF-2; RMH; RMF. (f) That sexual offender is defined as any person convicted under the laws of the State of Florida or similar statutes of any other state, country or province, for an offense recognized as a sexual offense, regardless of degree of offense or whether adjudication of guilt was withheld by the court. v Page -13- D. Council Members �� moved to adopt proposed Resolution No. 07-02 regarding the 07 Polio Vehicles -*Attorney (Exhibit 7); seconded by Council Member Attorney Cook read proposed Resolution No. 07-02 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OK€ECHOBEE, FLORIDA, AUTHORIZING THE LEASE -FINANCING OF CERTAIN EQUIPMENT THROUGH EXECUTION OF A MASTER LEASE -PURCHASE AGREEMENT WITH POPULAR LEASING U.S.A.; INC.; PROVIDING FOR THE PAYMENT OF THE LEASE - PAYMENTS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; ANO PROVIDING AN EFFECT/VE DATE. ,, Ul- L) Vote on motion VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS MARKHAM WATFORD n_ L. WILLIAMS MOTION: DENIED ARTED. age -1-4- - - - ---_--E• -- �ur�Cii-M�m�er --- -- �---- move�fo adop�propose�esolu�oriNo.-6T�� regarding--- -- Planned Unit Development UDIzoning districts City Planning Consultantt hibit 8 seconded- - - -- - - - by Council Member r esfllttttorfi-9�@3-�titfe s�}y-as#aHews;---�°-BF-FIfECFT1�6F _ _ - - OKEECHOBEE, FLORIDA, ENACTING AN ABEYANCE ON ALL SITE PLAN APPLICATIONS RELATING fiBflL tNNE-0 UNtfiDE1/EtOP1GtE1VT (PUp) Z0 1DING FOR-7-W TO-TOT "ZONING IN PROGRESS" TO REVISE THE PLANNED UNIT DEVELOPMENT REGULATIONS; - -PROVIDING-FORAM EFFECT VE DA TE. - — -- - - -- -- --- --- — - ---- -- - -- ----- - - - - AJ ) -- - - --- ` rf\ ----_ �i� �� -* -' - J:--- ( n 31 Ul. 9 n x Page -15- F. Council Member moved to approve two Temporary Street Closings sub ' ted b Okeechobee , ain Street - City Clerk (Exhibit 9); seconded by Council Member 1. SE 3`d Avenue between SE Park and 2nd Streets, from 7:00 a.m. March 2 through 6:00 p.m. March 3 for the Top of the Lake BBQ. 2. SW 41h Avenue between North and South Park Streets, from 12:00 noon February 23 through 7:00 p.m. February 25 for the Top of the Lake Art Festival. Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS I MARKHAM WATFORD L. WILLIAMS MOTION: DENIED ,RRIED.) G. Presentation of Okeechobee Main Street Quarterly Report - Maureen Burroughs (Exhibit 10). is n 0 C, L7� 4- i-� Yl" I f I I �f o lk, '4 ijob Lxk - g_ - - - - _H.- _ Considera-regRstVwa"rkirrgrequirerrrernfor-t ote-Title -Chris Clew. - - 1 _4_�Z Ilk !C && 7 i to J `�' � L,C /1 1_ ✓�, J�! _ '.j `7a f 4 11 7_2 I. C Agreenfient b t ert the E?keec "-moved-to"approve the Third Revision to the Mast r hobeerfiritho;:�Eounty;-andthe£ity - - of Okeechobee - OUA Executive Director, John Hayford (Exhibit 11); seconded by'Council Member - - - r / 4 j ' L ` -- - ,`(J T- s .. f -Vote- rnt-rrTotiOn- ` VOTE YEA NAY ABST IN ABSENT C. WILLIAMS MARKHAM -__ _ — -- - - WATFORQ -- - - - L. WILLIAMS - -- - - - - - MOTION --DEME RI<E-0. - - Al �'' ' — �t LijL,_ b Z.Lx %G�'� �0 �K•� n ' U _ � �- , AIII -Pc ly 1-7 1-19 C- _ z.�._� d j l \ ,l r - __�L?�/ti�/1.K � � 1 E} a . 1 _ m. 41-7 ....- ✓ ].1V li �1' _. ��<__1 f IiC�W _..�� ! L..`--'Rl-��4.��1,,,� li f/� ('1�1.1/.�"L� �l -- - - _ f ���� �.k�:_(__�•`���ft / icy ��1.�--�-�<:� w�=. f.-; �`t � � t %c- �._ - J j 1 " .ai�1lS •—ram. c� �) � i� 4i C I•,I.�, / �I J Page -17- Council Member moved to approve an agreement with Kimley-Horn and Associates, Inc. (KHA) as the consultant for preparing the school element for the City's Comprehensive Plan, which is a prerequisite of legislative concurrency - City Administrator (Exhibit 12); seconded by Council Member Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/CARRIED. Page -19- L. Council Member hLV/' Ltd moved to approve an Interlocal Agreement creating the Treasure C. o Regional League of Cities and designate a representative - Dowling Watford (Exhibit Dowling was appointed at the January 2, 2007 meeting. r Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS MARKHAM WATFORD L. WILLIAMS MOTION: DENIE CARRIED M. Council Member moved to instruct the City Attorney to proceed with the foreclosure proceedings on property located at 1002 SE 8" Drive, owned by John and Susan Hannei for on -Compliance Case No. 06-172 - City Attorney (Exhibit 15); seconded by Council Member 1i v Vote on motion VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS MARKHAM WATFORD L. WILLIAMS F- MOTION: DENIE C RRIED. IX. MAYOR KIRK ADJOURNED THE MEETING AT P.M. CITY OF OKEECHOBEE FEBRUARY 6, 2007 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 10F 5 CALL TO ORDER - Mayor: February 6, 2007, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Pastor Jim Hudson, His House Fellowship; Pledge of Allegiance led by Mayor. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member 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. Present Herb Smith with a 15-year longevity service award. B. Proclaim February 18-24, 2007 as "National Engineer's Week." FEBRUARY 6, 2007 - CITY COUNCIL AGENDA - PAGE 2 OF 5 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the January 16, 2007 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 proposed Ordinance No. 969 regarding Alley Closing Application No. 84, submitted by Brad Goodbread - City Clerk (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 969 by title only. 2.a) Motion to adopt Ordinance No. 969. b) Public comments and discussion. c) Vote on motion. B.1.a) Motion to read by title only proposed Ordinance No. 972, amending the Future Land Use Map regarding Application No. 07-001-SSA, submitted Brad Goodbread - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 972 by title only. 2.a) Motion to adopt Ordinance No. 972. b) Public comments and discussion. c) Vote on motion. FEBRUARY 6, 2007 - CITY COUNCIL AGENDA - PAGE 3 OF 5 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C.1.a) Motion to read by title only proposed Ordinance No. 973 amending the Future Land Use Map regarding Application No. 07-002-SA, submitted by Glenda Bellamy and Renee Ellerbee - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 973 by title only. 2.a) Motion to adopt Ordinance No. 973. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. Vill. NEW BUSINESS. A.1.a.) Motion to read by title only and set February 20, 2007 as a final public hearing date for proposed Ordinance No. 974 regarding Rezoning Application No. 07-001-R, submitted by William Mason - City Planning Consultant (Exhibit 4). b) Vote on motion. c) City Attorney to read proposed Ordinance No. 974 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 974. b) Discussion. c) Vote on motion. FEBRUARY 6, 2007 - CITY COUNCIL AGENDA - PAGE 4 OF 5 VIII. NEW BUSINESS CONTINUED. 8.1.a.) Motion to read by title only and set February 20, 2007 as a final public hearing date for proposed Ordinance No. 975 regarding Rezoning Application No. 07-002-R, submitted by Glenda Bellamy and Renee Ellerbee - City Planning Consultant (Exhibit 5). b) Vote on motion. c) City Attorney to read proposed Ordinance No. 975 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 975. b) Discussion. c) Vote on motion. C.1.a) Motion to read by title only and set February 20, 2007 as a final public hearing date for proposed Ordinance No. 976, amending Section 90-343 of the Land Development Regulations regarding sexual predators - City Planning Consultant (Exhibit 6). b) Vote on motion. c) City Attorney to read proposed Ordinance No. 976 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 976. b) Discussion. c) Vote on motion. D. Motion to adopt proposed Resolution No. 07-02 regarding the 2007 Police Vehicles - City Attorney (Exhibit 7). E. Motion to adopt proposed Resolution No. 07-03 regarding Planned Unit Development (PUD) zoning districts - City Planning Consultant (Exhibit 8). FEBRUARY 6, 2007 - CITY COUNCIL AGENDA - PAGE 5 OF 5 Vill. NEW BUSINESS CONTINUED. F. Motion to approve two Temporary Street Closings submitted by Okeechobee Main Street - City Clerk (Exhibit 9). 1. SE 3rd Avenue between SE Park and 2nd Street, from 7:00 a.m. March 2 through 6:00 p.m. March 3 for the Top of the Lake BBQ. 2. SW 4th Avenue between North and South Park Streets, from 12:00 noon February 23 through 7:00 p.m. February 25 for the Top of the Lake Art Festival. G. Presentation of Okeechobee Main Street Quarterly Report - Maureen Burroughs (Exhibit 10). H. Consider a request to waive parking requirement for Elite Title - Chris Close. I. Motion to approve an Interlocal Agreement between the Okeechobee Utility Authority, Okeechobee County, and the City of Okeechobee - John Hayford (Exhibit 11). J. Motion to approve an agreement with Kimley-Horn and Associates, Inc. (KHA) as the consultant for preparing the school element for the City's Comprehensive Plan, which is a prerequisite of legislative concurrency - City Administrator (Exhibit 12). K. Motion to approve a change order for the Street Overlay Project in the amount of $6,118.22 - City Administrator (Exhibit 13). L. Motion to approve an Interlocal Agreement creating the Treasure Coast League of Cities and designate a representative - Dowling Watford (Exhibit 14). M. Consider recommendation from the Code Board to proceed with foreclosure on property owned by John and Susan Hanner for non-compliance - City Attorney (Exhibit 15). IX. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. r: a , a Office of the Mayor = 5 .tf Okeechobee Florida lorida sM ;HEREAS, engineers have used their scientific and technical knowledge and skprn� ;. creative and innovative ways to fulfill society's needs, and .M 6{ii HEREAS, engineers face the major technological challenges of our time - from rebuilding _ ' towns devastated by natural disasters to designing an information superhighwpy%.' that will speed our country into this new century, • and 'trt' .WHEREAS, engineers are encouraging our young math and science students to realize the practical power of their knowledge; and x- WHEREAS, we will look more than ever to engineers and their knowledge and skills to meet the challenges of the future; NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby tY y proclaim February 18 through 24, 2007, as ~ NATIONAL ENGINEERS' WEEK in the City of Okeechobee. , In witness w of 1 have hereunto set my s, hand a cau ed thls seal to b ; affixed. r• es E. Kirk, Mayor Attest: # ° Lane amlotea, City Clerk Date: February b, 2007 At eti G 1 :. 1 y u g — tiK V tt - E }.q,.. '.- T. • vy "e'... 'tom �' VW Page 1 of 1 C,ad }lucks, P.E. - former President If Chad cannot make it tken, Marcos Montes De Qca, P.E. -Current President Sincerely, Heidi Belle Henderson, EIT Project Manager Creech Engineers, Inc. hhen Berson A creechin c. com TO THE RECIPIENT (END USER) OF THIS INFORMATION: . This information, provided to you the end user either on magnetic media (i.e. computer discs, tapes, etc.), or by electronic means (i.e. email, internet, etc.) is supplied with no warranties, expressed or implied. Due to the fact that information transferred on magnetic or electronic media may be altered, revised, modified, or disrupted in a manner not in compliance or conformance with the consultant's intentions, guarantees regarding the usefulness, or accuracy of this information for any purpose are hereby waived by the recipient, his successors and/or assigns. The end user agrees to accept all liability regarding the use of this information as supplied by our firm. . Unless otherwise authorized in writing by the Copyright owner, copying, duplicating, reselling, or distributing the contents of this information is NOT authorized. All rights reserved. . The only official depiction of this information is the original graphic drawing on file at our office or a valid signed and sealed copy. Under no circumstances will any other graphic or digital form of this information supercede it. . The information together with the concepts and designs presented herein provided by Creech Engineers Inc. has been produced and processed from both internal and external sources believed to be reliable. No warrants, expressed or implied, is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any information. . Use of this information is voluntary and should be only be undertaken after an independent review. You should be aware that this information may be incomplete, may contain errors, and may have become dated. Again, please verify any information received from Creech Engineers Inc. prior to making any use of it. Please retain this agreement for future reference. 6/2/2007 meddings@cityofokeechobee.com hhenderson@creechinc.com The receipt of the above information constitutes an acceptance of the terms and conditions for the use of this information as stated herein. file:HC:\Documents and Settings\Owner\Local Settings\Application Data\1M\Runtime\Mess... 2n12007 EXHIBIT NO. 1 iFEB 6 AGENDA - FINAL PH 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 19 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 February, 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. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 6" day of February, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Please type or print: CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION Signature of Co -Applicant cAlli The foregoing instrument was acknowledged before me this �� �� -de / by /� �p AteAU e— bla Ui���cQ and __. , who iersoraally know me or (applic nt) (co -applicant) who produced as identification and who did (did not) take oath. y Notar Public, Commission No. (signature) 0 �, 'r t"'•.s MEUSA M. EDDINGS = MY COMMISSION MDO403572 ame of Notary typed, printed or stamped) EXPIRES: March 7, 2001 •jiin��` Bonded TtWu Notary Pudic Underwriters Pitogred by and i to. JOHN D. CASSELS, JR. Attorney at Law Cassels & McCall P.O. Box 968 400 NW Second Street Okeechobee, FL 34973 File No.: 1252 SHAROFI RUL'ER1'F;CF; i:LERY. OF CIR(:UIT rOURf l'tRL'ECIIOI3fa: CMiill , FI. RD.` EO 0-4/17 10:06:18 Ail RF10RUIIIG FEET &„00 DE170 DO( RY Parcel Identification No 3.28.37-35.0060-00010-0030 [Space Above This Line For Recording Data) C'' Warranty Deed (STATUTORY FORM - SECTION 689,02, F.S.) This Indenture made this 26th day of April 2004 Between C :A4 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' other good and valuable considerations to said grantor In hand paid by Witnesseth that said grantor, for and in consideration of the sum of TEN AND NOl100 DOLLARS ($10.00) and acknowledged, has granted, bargained, and so'd to the said grantee, ansaid grantee, the receipt whereof is hereby d 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 .)Set for singular or plural, as context requires. In Witness Whereof, araotor has hereunto >et granter's hand and seal the day and year first above written. Signed, sealed and delivered in our presence SAFARI Flk}T;—yN sI Wytness-Si,nnitTre /BECKY MARSH, President Is( W,i ess-Print Namc e and ignr�an•e Ind Witnes -Print Nnine State ol• Floricla County ol• Okeechobee SaF foreeoing instrument was acknowledged before me , __;, pday or April, 004 by REBECCA L. MARSH, President of Safari liul. Inc„ a Florida corporation, on beha!ror the corporation. She s personally known to me or ( has produced ------ — _ as ident i(lcalioll [NotarySenli Novo Karin Ammons-- *`��.1 d My Commisawn D021 t896 o ry y�iaM1e' Expires Juy 11, 2007 Printed ame: My Commission Expires: 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 21s' 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 Printed Name: George A. Goodbread STATE OF Florida COUNTY OF Okeechobee Sworn to (or affirmed) and subscribed before me this ' day of 4-r.hV� 2006, by G �o2t,4 G a� a y� t , personally known to me or produced a as identification. Enrico sIon` DL�3S9518 1 6fary ublic c DEC, 09, 2008 Bonded 'Mru Wandn Bonding Co.,1ne. Image 3 Prepared by and return to JOHN D. CASSELS, JR. Attorney at Law Cassels & McCall P.O. Box 968 400 NW Second Street Okeechobee, FL 34973 f' 1t.--(i:. 1-1LJI 2tJi i-.t=r[j ib2 t_tR E!•f Lrt::.'' '>ci l6 1 : 2.� 31iARUN RUPERISi.:'; CLERY OF rIRCUIT 4DURi t:fl;l:ECNUfiEt: CUI�III'`i Fl. t:C0RDED 011,,2 '7iii)4 1q:ULc18 Flit CIlRD1htG FEEF DEED DO( 1r621-1,1ln ±ECURDED PY r, uurn File No. 1252 Parcel Identification No. 3.28.37.35-0060-00010-003o �{ L JJ (Space Above This Line For Recording Data _ t i' lf• (�r Ir Warranty Deed (STATUTORY FORM - SECTION 689,02, F.S.) This Indenture made this 26th day of April, 2004 k,vtlrcen C L) .(y ( 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 to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County Florida, to -wit: Lots 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 jseC 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 i Is[ Wyrness-SignnitT�e sl W,i ess-Print Namc \and ignnture )nd Wit, -Print Name T'--- Stale of Florida County ol'Okeechobce SAFARI Fi,)Id'T �NC.� 1 �t� BECKY MARSH, President I the foregoing insWument was acknowledged before me Ihi.�day of April, 004 by REBECCA L. ,MARSH, President of Safari I tut, Inc., a Florid, corporation, on behalrohthe corporation. She is personally known to me or [ )has produced ------ as idenliflcelion. (Notary Sear �py . Karin Ammons --- _ • My Commission D021 tfi96 o ry P b i> h Printed ame: �raM1� Expires Jury 11, 2017 My Commission Expires: P C, t1, .1 uZ/26/20U� U2'02 FAX Parcel In Number; 3-28-37-35.0050-00460.0020 & 3.28.3 7-15-U060.00010.0010 Prepared by and Return loi Okec-TAniie Title Company, Inc. 105 N. W. 6th Sam Okeechobee, Florida 34972 383931. Warranty Deed This Indenture, Executed this January 7, 2003 A.D. Berween SAMUEL D. EVERETT, JR., A married person, whose address is P.O. Box 607, Okeechobee, FL 34974, hereinafter called the grantor, to GAGBEE, INC., A Florida Corporation, Ia 002/004 6 17 II_!:D fOR F;ECar,D Cr1UFJiY. ri ;. 03 JAN 10 PH 4r 27 CLEIIRF;I?OF CIRCUIT COURT whose post office address is: 12575 Highway 70 East, Okeechobee, FL 34972, hereiaafter called the gTantee; (whenever used herein the term "grsnior" and "grantee" Intlu.le ell the parues to this Instrument and the heirs, legal rcpresentativos and usigns of individuals, and the successors and assigns ofcorporaiiom) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10,00) and other valve considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, alions, remises, releases, conveys and coraft 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 Pint tuereofrecorded in Plat Book 1, Page 17, Public Records of Okeechobee County, Florida, These lots lying in and comprising a pan of that part of the Easr 1/2 of Northeast 1A of Section 28, Township 37 South, Range 35 East, tying West of Parrott Avenue, Less the South 519.3 feet thereof. ME Lots 1 and 2, Block 1, ROYAL OAKS ADDITION, according to the Plat thereofrecorded in Plat Book 1, Page 8, Public Records of Okeechobee County, Florida. These lots lying in and comprising a pan of the South 519.3 foot of duo Southeast 1/4 of Northeasl 1/4 of Section 28, Township 37 South, Range 35 East, lying West of Parrott Avenue, Oranlor herein Warrants that the above property is not his homostead under the laws and constitution of the State of Florida, Parcel11) Nwnber:3.28-37-35-0050-00460.OD20 and 3-28-37.35-0060-00010-0010 Subject to covenants, restrictions, easements of record and taxes for the current year, Together with all the tenements, hereditamcnt3 and appurtenances thereto belonging or w unywige appertaining, To Have and to Hold, the same in fee s:mpic forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; tha grantor bar good right and lawful authority to sell and convey said land; that the grantor hereby fully wnrrauts the title to said land and defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxos goer subsequent to December 31, 2002. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written, �-'L� "� - a::�� e' (Seal SAMUEL 1), EV'E',RETT, Address: P.O, BOX 507, Okeechobee, FL 34974 a State of Florida County of Okeechobee The foregoing instr=ent was acknowledged before me this January 7, EV - ed a, Ware personally known to me or who has produced a drivers iicens 14P Documentary y;amps pnld in th unt Molar meubl Cl s'S l Il1t011(jl,lC nt Na T,a„ :i lu `tub binountMy Consmlast f ps !Iona@ Lae Ella(baa of __o _ .. 1 6iPt:n'71IS51 00 D573 WIRES 1)ec@mber I, 2005 File Number209i4 Shamn i2oU�rtacn, Clerk of Clrcult CourtDEED Okeechobtc Number t�l,„ ,11„ aoNc,O,,.AU1aCYrANWi A MCS NC Ol:eechal3r� c��t.,ty, Flonaa Closer' Choice B y,.�(lf le.../ a •..00rrr rr".......... nm II/IIIR1111111111 0-� B so .nn"FILE NUM 2oo41713443 OR BK 00537 PG 1658 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYI FL RECORDED 07/26/2004 08:43144 AM RECORDING FEES 2.50 DEED DOC 374.50 RECORDED BY M BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENTnuez TRUST FUND CF 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 �e�e-main lands under the terms and conditions set forth herein; a( , l\J WHEREAS, said BO 0e TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE �OF�' ORIDA did a pprove this transfer on the � day of NOW, THE 0 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 laOnds subject137 to all 1 65 9 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 t Tallahassee, Florida, n 1 day of U (U , A.D. 2003. (SEAL) , �� BOARD OF TRUSTEES OF THE X INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA v ST AT TOM GAL15kG4R CHIV fjIN ,91AL OFLICER APPROVED AS TO FORM AND LEGALITY CHArRLES H. BRONSON By: _ COMMISSIONER OF AGRICULTURE pFC/�lh DEP I 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 Commonwealth Blvd. MS 130 Department of Environmental Protection Tallahassee, Florida 32399-3000 Page 2 of 2 Trustees' Quitclaim Deed 431142 G4l.t, !O 9 1� PreParg qn—d r_eturn_to. JOHN D. CASSELS. JR, Attorney at Law Cassels & McCall P.O. Box 968 400 NW Second Street Okeechobee, FL 34973 File No FILE IyUI'I ,Q,DI4t_„_„)7? 0 R E: K r) ,:,1 = 1 F G t) - ,) c SHARON FOBEFTSI?III CLERK OF CIRCUIT COURT OKEECHOBEE COUtIT'rr FL RECORDED 1j1/I.S,';?iuj¢ 03,27;¢I PM RECORDING FEES G.ilO DEED DOC 9811 RECORDED BY fl Parcel Identification No 3.28-37-35-0060-00010.005o 01 (Space Above Tr is Line For Recording Data) " Warranty Deed `�w�t� 11, ��•. tsrn rurOIt, I r>1iV . sl:cTlt)N aa().oa, r.s TI is lndeniurc made this 15th day of January 2.004 Boween Safari Hut, Inc., a Florida corporation whose pcsl office address is 705 SE 11th Avenue, Okeechobee, FL 34974 of the County of Okeechobee State of Florida erantor', and G-4 LAND & CATTLE COMPANY, a Florida corporation whose post office address is 12575 I Iwy 70 East, 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 receipl whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County Florida, to -wit Lots 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 e` record if any and said grantor does hereby fully warrant the lit e Ic said land. and will defend the same against lawful claims of all persons whomsoever. "Grantor" and "Grantee" ale i—ri io, singular or plural, as context requires In Witness Whercul', grantor has hereunto set grantors hand and seal the day and year first above written. Signed, sealed and delivered in our presence ' I SI jl y�If ll l` S 'n� tire _ 14 �i With I l ini jV r ' ,unc w Ill 11 tiY•'lL'llitllll'u 1..... 21)d Wil css-Piinl Nvnc Suuc off loridu C1luilly uhOkccchohuc Snfari Hut,Juc• 1 RF[3f:CC'A I.,MARSI I. Presidrnl he fnrcguing inSIM111011 will ucknowledgetl beline 1,, 11, I>th dnp ol'.I,llly1nl'y, 3004 by RLl3GCCrA I. MARSHol'Sal"nri u1. Inc.. a Plorirlu c<lrhormion, on 11ell;llf"ol'thr r;,rhi�i„Ii��l. Ilc/shc Iy is Persanall)' known to nlr ur ( )has produced ;IS IIJ I`I'.II IiC tll irlll. �.✓� •e Karin Ammons • My Commission DD211 B99 Nlllill'1' Sl`ill l jT r. .. ... /... . '� Ll� S._ 7........... aexpires July 11, 2007 Nounry Ft pled Nunn: Mq Commission Expilcs: `.i horize 'Si nature Typed Name & Title / Phone No. Date uired Onl For Cit of Okeechobee & First Addition to City of oKeecnonee suomvisions: K r l a_ Authorized Signature Typed Name & Title Phone No. Date U3/,29/2006 WED 8:36 FAI 8883137338 Sprint 0 t March 29, 2006 Mr. Bradley G. Goodbread Goodbread Ranches 12575 Highway 70 East Okeechobee, Florida 34972 ��ooliool John A. Hopkins 555 hake Bader Dr. PI APKA0305-3006 Apopka, FL 32703-5815 Dear Mr. Goodbread: I am in receipt of your letter of February 15, 2006. Sprint -Florida, Incorporated 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 East/West 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 5ignature Date Authonzea Signature uate Dwnie Robertsaz, Public Tacks Director Typed Name & Title Typed Name & Title a,'s I EMU, NT uthorized Signature Date D--nw Davis, Chief of Police Typed Name & Title Aumorizea aignawre LJdU! Herb Smith, Fire Chief Typed Name & Title , �A r r nature Brian ,A-dtehall, City Fdninistrator Typed Name & Title APPLICATION APPROVED BY: Date �Z , , I&,) �, , / ?/, -�p V LANE GAMITOEA, CITY CLERK DATE Revised 413I03-LG Memorandum To: Lane Gamiotea, City Clerk U From: Oscar Bermudez, Engineer Date: January 04, 2007 Re: Alley - Closing application from Bradley G. Goodbread. The Engineering Department has visited the site and found that future drainage problems may be generated near the requested abandon subject City of Okeechobee Alley. We are aware of the critical drainage problems on City of Okeechobee City, and for that reason the Engineering Office will recommend not approving the request for the Alley Closing until future Master Drainage Plans for the City of Okeechobee is presented. It is the Engineering Department's opinion that the City of Okeechobee Council shall be very cautious before approving abandoning any Alleys. r � The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 It Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy ri)ertis ent, being a matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Aftiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement foy publication in the said newspaper. � p - - f ) -�r , to d subscn ed before me Notary Public, State of Florida at Large Public Notice 500511 Public Notice 5005 PUBLIC NOTICE CONSNH:NATION OF ADOPTING CITY ORDINANCE LEASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida on Tues February 6, 2007 at 6:00 p.m. or as soon thereafter possible, at Hal, 55 S 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING on arld th after to consider final readug of the following Ordinance into law: N0.972: ORDINANCE OF THE CITY OF OKEECHOBEE. FLORIDA AMENDING THE CM TURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. The ordinance is regarding Small Scale Comprehensive Plan Future Land Use Map Amendment Application No. 07-Ml-SSA submitted by Bradley G. Goodbread on behalf of property owners G-4 Land and Cattle Company and George A. Good - bread. The regqnest is to changgee the Future Land Use designation from Single Family (SFl to Commercial (C) 9 property located at 2104 Southwest 2nd Ave- nue. Legal description: Lots 1 through 4 of Block 2, Royal Oak Addition Subdivi- sion, Plat Book 1, Page 8, Public Records, Okeechobee, County, Florida and is approximate 0.650 acre(s). NI members Vie public are encouraged to attend and participate in said hearing. The proposed Ordinance may be inspected in its entirety by members of the pub- lic in the Office of the City Clerk during regular business hours, Mon -Fri, Bam-4:30pm,exceptforhol ays. 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. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disability Act (ADA) and Florida Statutes 286.26, persons with disabifities needing special accommodation to participate in this proceeding should comact Lane Gamiotea no later than two (2) working days prior to the proceeding at 863-763-3372 x215: if hearing or voice impaired, cal �TOD 1-800--2222�-3M448 (voice) or 1-888-447-5620 (TTY) 18891�8 ���'2�)07 C. CITY CLERK ............................................. CONSTANCE L. Faun.,.,. A.D. 20 c �*PYA 4s- HAWSE Comm# DD0563848 _ Expires 6/14/2010 .............................. Florida Notary Assn.. Inc ..............i EXHIBIT NO. d� FEB 6 AGENDA - FINAL PH ORDINANCE NO. 972 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 07-001-SSA), submitted by Bradley G. Goodbread on behalf of property owners G-4 Land and Cattle Company and George A. Goodbread, fora small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Planning Board at a duly advertised meeting held on January 18, 2007, and submitted by staff report, which determined such applicant(s) to be inconsistent with the Comprehensive Plan and not appropriate to the future land uses within the City; and WHEREAS, the City Council found that the proposed application(s) does comply with the requirements of Florida Statutes 163, Part II, and that the proposed application is consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, that: SECTION 1. SHORT TITLE. This Ordinance shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. '163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. The following described land consisting of approximately 0.650 acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 07-001-SSA, from Single Family to Commercial. The Legal Description of Subject Property is as follows: LOTS 1, 2, 3, AND 4 OF BLOCK 2, ROYAL OAK ADDITION SUBDIVISION, Page 1 of 2 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 8, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994," which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 972 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 6th day of February, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the 61h day of February, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: " t `) Co Petition No. — 00 �:;' ,. �� •. Fee Paid rlq C) Jurisdiction: --4- CC_ 1st Hearing: ILI G end Hearing: Publication Dates: Notices Mailed: Comprehensive Plan Map Amendment Application Please Check One: Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) Name of property owner(s): ct IL AL LZ eo 2 - fJ ✓ a Owner mailing address: 1 Z 5715 WE CAe e&Ad ee qf? Z r , r Name of applicant(s) if other than owner (state relationship): by-c G brfa L I Applicant mailing address: 17,5175 4U.3V 7101 A N Name of contact person (state relationship): �j r- . 6Oo�ijread - 50,r? / V 1 T Contact person daytime hone(s): to 3 -L�3 - 02! �1 Fax: Atb7�-41? Property address! directions to property: 1L �� Z ng AVe ✓ 3- ZB-37-35-CO&O-000449 -0016 Parcel Identification Number: -48 _3 _ -p - 00 Size of the Property (in acres): D. (0 50 Current Zoning Designation: Rsr P R Current Future Land Use Designation: iZ 0 Existing Use of the Property: R,5' vaL',Cv'1-V P E Proposed Future Land Use Designation:'1 R T Proposed Use of the Property: � 1 C, jnt Corm r�lar Y Description of Surrounding Properties: AV Frrw- k6r 5ojr*- 0-sr Legal Description of the Property (Lengthy Description May be Attached): ot-s 1. z, 3 ¢-q l 1 Bl odl- Z CC— F2oyq 6LL ks A60; Hm 1 991k-ec4vbee, i- Uniform Land Use Application (rev. 12/03) Page ] of 2 Survey of Property (I I" x 14", 20" Scale) Letter Outlining Request Notarized Letter of Owner's Authorization Application Fee (non-refundable) City Location Map ✓ Confirmation of Information Accuracy', I hereby certify that the information in this application is correct. The information included in this application ijestfinAe use by the City of Okeechobee in processing my request. False or misleading oron ay be punishable by a fine of up to $500.00 and imprisonment of up to 30 da mp y summary denial of this application. . 9WAV&4 M/91 /04 Printed Name Date Unifonn Land Use Application (rev. 12/03) Page 2 of 2 December _fl_, 2006 I, George A. Goodbread, President of G4 Land & Cattle Company, hereby authorize Bradley G. Goodbread to sign as applicant on my behalf. This letter is in reference to the Future Land Use Map Amendment for Lots 1 through 4 of Block 2, Royal Oaks Addition, to change from Residential Single Family (RSF) to Light Commercial (CLT). George A. Goodbread Lots 3 and 4, Block 2, Royal Oak Addition G-4 Land & Cattle Company Lots 1 and 2, Block 2, Royal Oak Addition Sicyfbture nted Name: George A. Goodbread STATE OF Florida COUNTY OF Okeechobee Sworn to (or affirmed) and subscribed before me this 1 k day of 2006, by Gtiv 4 GvP3Q , personal) kn.Qwn to me or produced a :N-o4taPublic s identification. n R:obert =o 'Cgp�I15510ll DDS59513 (Seal) DEC. 0 ` =��'q+ ��i,�� �� �Adgndc Sondin8 . p .� 5.� t� F!nwred-trlrandretUm I4: JOHN 0. CASSEL& JR Aftorney at Law Cassels a McCall P.O. Box Sae 400 NW Second Street Okeechobee. FL 34973 File No.: 912 Parcel Identification No. 3.2937-35-0060-00020-0030 ::AO500 RZILO684 DMtftteWNY sralfP lW In me NwJnt of 1'15 r70 Clans C InWlib�i Tar paid in the amo att of S Ei $Ila10n CMIR of C11pIR Cou1t Otte otld� D.C. ea 5-I-a.Ocz? (Space Above This Line For Recording Datal Warranty Deed (STA71ITORY FORM - SECTION 694).02, h.S.) This Indenture made this 28th day of April, 2003 Between FRANCES t GOING, a single woman whose post office address is 4242 FAVORITE ROAD, Fort Pierce, FL 34981 of the County of Saint Lucie, State of Florida, grantor*, and GEORGE A. GOODBREAD, a single man 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 i co I ion of the sum of TEN AND N01100 DOLLARS ($10.00) and other good and valuable consideration to id g n r in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, sold he said grantee, and grantee's heirs and assigns forever. the following described land, situate, tying chobee County Florida, to -wit: LOTS 3 AND 4 OF BLOCK 2, ROYAL OAK TIO , CCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 8, PUBLIC RECO OF CHOBEE COUNTY, FLORIDA- This This property does not constitute the homestead a tor. Subject to restrictions, reservations and ease en recur rf y and said grantor does hereby fully warrant the title to saaidtand, n _roil defend the same against lawful claims of all persons whomsoever "Grantor and "Grantee' are u f ! tome# 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 x L01 ,4 r1ea Ist Wiy�ss-Signature Y r AKt)t_iNn C0(0?e-) Isk W-Z-s%-I`nm( N:nnc 2nd lure x10, 2nd Witness-1'rino N::nle 1 D1. IG FRAN I:S 6. WING -- FILED FOR RECORD OKEECHOBEE COUNT Y.FLA 389699 03HAY —I PM 2t30 SHARON ROBERTSON CLERK Or CIRCUIT COURT Ntale err f; ('_null, <d 1 LuCi i?. -hc tiurgmnE lmtnnncnr aa, aaluxtlydird hctbrc me thi, 'nth can ul April. 2003 h. FRANCES G, GOING, «Iur is mr—nail\ ln.... n ur I I ha, pnwiuccrl a, i.k•gti m. "uj r,r an I'ubhc '•• INutarn Srall freaked Vame "-- Z3 61} (\nnmi,vun 6cpir •,: Mal AJ4 VJ f AWlI tNil"110 Yy COYYIssorm I tie mrn Bm10r01t,nNolrrP,hk c��t ►'Yl 111,9 10110111r®®®1 Prepared 4y 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.: 1788 Parcel Identification No. 3-28-07-35-0060-00020-0010 FILE HUM 20040077SB OR B.K 00529 PG 1891 SHAROM ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYr FL RECOROEO 04/W/2004 09320:09 Aft RECORDIN6 FEES 6.00 DEED DOC 385.00 RECORDED BY 6 flewbourn (Space Above This Line For Recording Datal k��C-(1. �`p06 Warranty Deed ✓t7 S (STATUTORY FORM - SECTION 699.02, F.S.) This Indenture made this 28th day of April, 2004 Between NELLY C. WALKER, a single woman whose post office address is 907 SW 2nd Avenue, Okeechobee, FL 34974 of the County of Okeechobee, State of Florida, grantor*, and G-4 LAND & CATTLE COMP , a F�da corporation whose post office address is 12576 Hwy. 70 East, Okeechobee, FL34974 of the mykeechobee, State of Florida, grantee`, Witnesseth that said grantor, for in c ideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerati rantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargain I to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lyi ng n keechobee County Florida, to -wit. Lots 1 and 2, Block 2, ROYAL OAK, DMTl0N, rding to the plat thereof recorded in Plat Book 1, Page 8, of the Public Records of Okeechobee Coun rids. Subject to restrictions, reservations and e o 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: NELLY tr� R State of Florida County of Okeechobee The foregoing imstrumept was acknowledged before me this 28th day of Apr , 2004 by NELLY C. WALKER, who fJ is personally known or (has produced iden ' tion. [Notary Seal] No li ffiA //fit Printed Name: a 11R � 1 Yy) om h ) Kade Arromoru My Commission Expires: j• LycomrniWon OD2116% �`a�wa" �Yt1.2007 1375 Jackson Street, Suite 206 Fort My Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning@att.net Staff Report - Small Scale Comprehensive Plan Amendment Preparedfor Applicant: Petition No. The City of Okeechobee G4 Land & Cattle Co. 07-001-SSA Staff Report Apl. .ant: G4 Land and Cattle Co. Small -Scale Comprehensive Plan Amendment Petition No. 07-001-SSA General Information Applicant/Owner: G4 Land & Cattle Co. Applicant/Owner Address: 12575 Highway 70 E Okeechobee, Fl. Contact Person Brad Goodbread Applicant Fax Number: 863-634-2121 Legal Description: Lots 1, 2, 3, and 4, Block 2, ROYAL OAK ADDITION, according to the plat thereof as recorded in Plat Book 1, Page 8, Public Records of Okeechobee County, Florida. Request: The matter for consideration is an application for a Future Land Use Map Amendment from Single Family to Commercial. Based on the size of the property (0.650 acres), this application qualifies under Chapter 163 of the Florida Statutes as a Small -Scale Amendment to the Comprehensive Plan. The applicant will also be requesting a rezoning change from RSF- I to CLT for the property. Adjacent Future Land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification: Single Family Zoning District: RSF-1 Existing Land Use: Residence East: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Vacant South: Future Land Use Map Classification: Single Family Zoning District: RSF-1 Existing Land Use: Residence West: Future Land Use Map Classification: Single Family Zoning District: RSFA Existing Land Use: Residence Staff Report Small -Scale Comprehensive Plan Amendment Apl. -ant: G4 Land and Cattle Co. Petition No. 07-001-SSA The applicant is requesting this Future Land Use Map change in order to operate a professional office on the subject property or to accommodate the heavy commercial uses across the street by alternating as a parking facility. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. After examining the Future Land Use Element, the subject property would seem more consistent with the Comprehensive Plan policies by remaining in the Single - Family Future Land Use category. The intent of the Future Land Use Element and Future Land Use Map is to manage future growth. In implementing the Plan, the City has to ensure that its land development regulations protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. (See Policy 2.2) In addition, Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses in consistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. The applicant's request to amend the Future Land Use Map would be inconsistent �N,ith the Future Land tlsc Element_ The subject property is within the Single - Family Future Land tJse category and the RSF-1 Zoning District. B. Concurrency of Adequate Public Facilities Public facilities would be available, but traffic impacts would be substantial as this area is residential and the roadway may not be able to support more commercial traffic. C. Compatibility with Adjacent and Nearby Land Uses The change from the Single -Family to Commercial Future Land Use category would create an incompatible use with the surrounding neighborhood. The existing Future Land Use categories, the existing Zoning Districts, and the existing uses of the surrounding area (north, south and west) are all compatible with each other. If granted, the commercial use would be incompatible with the adjacent uses. (See Future Land Use Map Attached) 2 Staff Report Apt. , ant: G4 Land and Cattle Co. Small -Scale Comprehensive Plan Amendment Petition No. 07-001-SSA D. Compliance with Specific Standards of the Plan. The applicant's request, if granted, would not be in compliance with the standards set forth in the Comprehensive Plan. Analysis and Conclusions Based on the above information, staff does not recommend for approval of this request. Maps or Diagrams Submitted by: James G. LaRue, AICP January 8, 2007 Q BOUNDARY SURVEY PREPARED FOR GEORGE GOODBREAD DESCRIPTION: LOTS 1, 2, 3, AND 4, BLOCK 2, ROYAL OAK ADDITION, ACCORDING To THE PLA T THEREOF AS RECORDED /N PLA T BOOK 11 PAGF 8, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PROJECT SPECIFIC NOTES: 20 40 1) UNLESS SHOWN, OTHERWISE, ALL DIMENSIONS ARE PLA T(P) AND MEASURED(M). SCALE IN FEET 2) SITE ADDRESS.' 2104 S W 2ND A VENUE MAP SCALE: t INCH s 40 FEET 3) PARCEL ID. 3-28-37-35-0060-00020-0010. 4) F.I R M. ZONE' ZONE UNDETERMINED, PARCEL LIES WITHIN THE OKEECHOBEE CITY LIMITS 5) THIS SURVEY IS NOT INTLFNDED TO DEPICT JURISDICTIONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 6) THE SURVEY DEPICTED HERE /S NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS B Y 0 THER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 7) DA TE OF LAST FIELD SURVEY 06108105, Lor to Lor 4 BLOCK 45 BLO r 45 �iRST Aocvncrt >n SOUIN r 17) OKEECHOBEE- BEAR/NC BASE 77Rsr A DD177 N m soUIH OKEE I W (PL4 r BOOK 1, PAGE l7) ( ) (PLAT Book 1, PAGE 17) � S 90 t70 DO" E 299. B2 (M) J00 "(P) S 90'00'00" E 142.41(M) 142.5(P) S 90,0,00 E 142. 41 '(M) 142.5(P) _ X "Y1/1" FFNGC N. LWE Or BLOCK 1 ' fDUNO 6� ROUND CONCR£IF FOUND 6' ROUND CONCRETE �NCf f;'uNO 5' ROUND LOVCREIE FOUND 6' ROUND COVOR[rf MOvfAUfNr "4776' MONUMfNr '4275, CORNER - COVERED N MONUMfNr Y176' . 2.7' N. tr M(INUMLN! ".776' CONCRETE . �. — AerANUONfO HELL LOT B 61.9' — — BLOCK LOT 1� R/ nl7e 9 I "1 p Lor 7 N N BLOCK 2 g -` N 3 L i] p 6 LOT 6 p BLOCK 2 O a 2 0 0 Z Lor 5 BLOCK 2 FOIAvO J/� 6ROv ROD FOUND S /6' ND ROB SC 1 S/d' IRON ROD d L'A tr P ALMOND 5051' tr LAP *ALMOND 5061" CAP KAB LS IB10' - S B9t757" 1142.67'(M) 142.5 (P) S 89 5 6 H — — — — — LW 22ND STREET — (UN/MPROYED So'Pt A!ILO R/11) PREPARED FOR THE EXCLUSIVE USE OF: GEORGE A. GOODBREAD WA MR M£rfR CONCRf7F WALK I STORY I SHELL RESIDENCE _ COWREO AREA DRIVEWAY 7J.8' — 46.7, — LOT 1 BLOCK 2 TOTAL PARCEL CONTAINS 0.654 ACRES o LOT J H BLOCK 2 I I I I I I I LOT 4 I BLOCK 2 I I 142.6 OANCHOR Urs UISLTY iPaf CArV W € N 0 o 0 3 0 SEf LRON ROD tr� 3 CAPP 'K KAB LS 4f 42.5'(P) f7RF HYDRANT WATER VALVE DESCRIPTION BOUNDARY SURVEY DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE FB/PG: 153/56-59 BEARING REFERENCE: THE NORTH LINE OF BLOCK 2 IS TAKEN TO BEAR S 90'00'00" E I FILE: 19367 TRADEWINDS PROFESSIONAL SERVICES, SURVEYORS.AND MAPPERS 200 S.W. 3rd Avenue Okeechobee,', FL 34974 7 Tel: ' (863) :763-2887 INC.I Kenneth A. Breaux,; Jr. (PSM 482O Vw f Certificate of Authorization No L8 6719 J5.0' DWG. DATE 06 /14/05 I BY CK WC KAB SCALE: 1" 40' JOB NO: 19367 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. 2007 - Planning Board - Page 4 of 14 V. PUBLIC HEARING CONTINUED. A. Consider a Special Exception No. 07-001-SE continued. A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-001-SSA. G-4 Land & Cattle Co and George A. Goodbread are the property owners. The application is to change the Future Land Use designation from Single Family (SF) to Commercial (C) for property located at 2104 Southwest 2"d Avenue - Planning Consultant. Lastly, Sheriff Deputy John Rhoden briefly gave statistics regarding adult entertainment businesses and how they burden the community they are located in. Chairperson Ledferd thanked everyone for their comments. However, the Board's decision cannot be based on moral or ethical feelings. Land use decisions must be based on legal requirements and those requirements are set by the State Legislature, County Commission and the City Council. Any citizens who want to address the actual law would need to take that up with the actual' legislative government body. Board Member McCoy noted that in addition to the revised Planning Staff findngs regarding the residential uses not allowed within 500 feet, the impact to the property values could also be looked at as an adverse effect to the surrounding area where it also is one of the requirements for granting the special exception. Board Member Maxwell agreed that this is at least two technical requirements the applicant has not been able to meet. Board Member Hoover made a motion to deny Special Exception No. 07-001-SE to allow an Adult Entertainment Establishment within Industrial Zoning District based on the Planning Consultants report and the fact that he has proven that is a zoning category within 500 feet of the proposed business that permits residential use, and therefor this application violates Code Book Section 90- 343 (10)b.5; seconded by Board Member McCoy. VOTE LEDFERD-YEA HOOVER -YEA KELLER-YEA BURROUGHS-YEA MAXWELL-YEA MCCOY-YEA JOHNS -YEA MOTION CARRIED. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-001-SSA was submitted by Brad Goodbread on behalf of the property owners, G-4 Land & Cattle Co and George A, Goodbread. The application is to requesting to change the Future Land Use designation from Single Family (SF) to Commercial (C) for property located at 2104 Southwest 2' Avenue. ' VS 1�1 ij II [�1:1 �I_�:�1\� _ � ►Y 61 �_ � ;z� c,,,—ter a..r. .'�,.ar�e!'n ... d.�F^c, ..�ld. . �N>, A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Legal description: Lots 1 through 4 of Block 2, Royal Oak Addition, as recorded in Plat Book 1 Application No. 07-001-SSA continued. Page 8, Public Records of Okeechobee County, Florida and is approximately 0.650 acre(s). The 11 proposed use of the vacant property is light commercial. Mr. Brisson presented the Planning Staff Report, and recommended denial based on the inconsistency with the Future Land Use Element. The subject property is within the Single - Family Future Land Use category and the RSF-1 Zoning District. Subject property would seem more consistent with the Comprehensive Plan policies by remaining in the Single -Family Future Land Use category. Public facilities would be available but traffic impacts would be substantial as this area is residential and the roadway may not be able to support more commercial traffic. The change from the Single -Family to Commercial Future Land Use category would create an incompatible use with the surrounding neighborhood. The existing Future Land Use categories, the existing Zoning Districts, and the existing uses of the surrounding area (north, south and west) are all compatible with each other. If granted, the commercial use would be incompatible with the adjacent uses. The applicant's request, if grantedwould be in compliance with the standards set forth in the Comprehensive Plan. , not Discussion ensued with the Board regarding expanding the commercial area into the residential section. Mr. Goodbread, addressed the Board stating that three sides of the property are residential, but on the East side has commercial uses. Light Commercial is a reasonable bridge to residential. Southwest 2nd Avenue has turned into a Light Commercial area due to the cost of real estate on Parrott Avenue. He explained that he would like to use this property for an overflow parking lot, due to the proximity of the Heavy Commercial (CHV) block to the East. Board Member Burroughs noted that the property could not be used for a parking lot without a special exception. Board Member Maxwell noted for the record that Mr. Goodbread contacted him and they discussed the property prior to the meeting. Chairperson Ledferd asked for comments from the public. Mr. B obbit stated that he lived on Southwest 2°d Avenue just North of the intersection of Southwest 21 s` Street and South Parrott Avenue. 2007- Planning Board - Page 6 of 14 V. PUBLIC HEARING CONTINUED. A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-001-SSA continued. B. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-002-SSA. Glenda Bellamy and Renee Ellerbee are the property owners. The application is to change the Future Land Use designation from Single Family (SF) to Commercial (C) for property located at 203 Southwest 4' Street. - Planning Consultant. The area is already suffering from the increased traffic. He considered this spot zoning, and that is going to influence the quality of life of the residents in this area. He was opposed to the application. Mr. Larry Julian representing Janice Newcomer a resident of this area also was opposed to this application. Mr. Wayne Radford, Southwest 3rd Avenue, reported that the traffic is bad, and he is opposed to the application. Mr. Sizemore, also spoke in opposition to the application. Chairperson Ledferd asked whether the Board had any further questions? There were none Board Member Hoover made a recommendation of denial for Comprehensive Plan Small Scale Future Land Use Map Amendment application No. 07-001-SSA to change the future land use from Single Family to Commercial based on the Planning Staff Report,and that it was not found to be consistent with the Comprehensive Plan; seconded by Board Member Burroughs. LEDFERD-YEA VOTE LEDFER -YEA A HOOVER -YEA KELLER-YEA MAXWELL-YEA MCCOY-YEA .JOHNS - YEA MOTION CARRIED. Application will be forwarded in ordinance form for a finch public Hearing on February 6, 2007 before City Council, Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07- 002-SSA submitted by property owners, Glenda Bellamy and Renee Ellerbee. The application is requesting to change the Future Land Use designation from Single Family (SF) to Commercial (C) for property located at 203 Southwest 4' Street. Legal description:. Lot 1 and 2 of Block 185 according to the Plat thereof recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee County, Florida and is approximately 0.54 acre(s). The proposed use of the property is for a professional office. Mr. Brisson presented the Planning Staff Report that recommends denial based on not being consistent with the future land use in the area of single family and traffic impact. The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the schObee News, Friday, January 26, 2007 Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached Public Notice t ` copy o ertise ent being a PUBLIC HOME CONSIDERATNIN OFADOPINIG A CRY ORDINANCE in�g matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of —)., rua as Hall, 55 SE 3rd Ave., Okeechobee, FL conduct a into law: NO. 973- AN OF LAND USE MAP IN THE COMPREHENSIVE PLAN; PROYNIING FOR AN EFFECTry DATE. The ordinance is regarding Small Scale Comprehensive Plan Future Land Use Ma Amendment Application No. 07-002-SSA submitted by property owners Glenda Be Ran lamy and Elkirbee. The request is to change the Rfte i and Use designatio from Single Family ISF) to Commercial (C) for property for pproperty located at 20 Southwest 4th Street Legal description: La 1 of Block 185, City of Okeechobee acted nq 0 the plat thereof recorded in Plat Book 2, Page 17, Public Records e Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee Couft Fkaidi and is approximately 0.54 acre(s). raced title cloaee sad Thelpmposed 8dina cebmaymbe mspedted to is"g mE gin of the in the Office of the City Clerk during regular business hours, Mon -Fri, Barn-4 except for holidays.PLEATt E Np to �o�I am decsionS ma�eEti OtheCCA CBE q�1VtwSEO pat rt �nry �eyrso�tdestres deraA at m s th hearing, such interested Personuwill need aarecord of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. qq aacccordance wn� the pmencans wth Disabildv Act ADp and Ron 2 b.zb, persons wth dsablhes needing special "accomod to parbopaten his proceeding should contact Lane Gamiotea no later than two ( t waking days ,1 or to the proceeding at 863-7633372 x215; t hearing or voice impaired, call Affiant further says that the said Okeechobee News is TDO 1-800-222-3448 (voice) or 1-888-447-5620 (Try). a newspaper published at Okeechobee, in said Okeechobee IM?30 %07 C,CITYCLERK County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pu tation in the said newspaper. Sworn t6 an subscribed a re me this `d`rP % Comm# DD0563848 da" f A.D. 20—it �$ £ Expires 6/14/2010 ' ao_c Florida Notary Assn.. Inc ...........................................s Notary Public, State of Florida at Large UNNIT NO. _ FF8 6 AGENDA - FINAL PN ORDINANCE NO. 973 AN ORDINANCE OFTHE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 07-002-SSA), submitted by property owners Glenda Bellamy and Renee Ellerbee, for a small- scale amendment to the Future Land Use Map of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Planning Board at a duly advertised meeting held on January 18, 2007, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Planning Board that the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, that: SECTION 1. SHORT TITLE. This Ordinance shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land consisting of approximately 0.54 acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 07-002-SSA, from Single Family to Commercial. The Legal Description of Subject Property is as follows: LOT 1, BLOCK 185, TOWN OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA Page 1 of 3 (FORMERLY ST. LUCIE COUNTY); TOGETHER WITH THAT PART OF ABANDONED NORTH CURVE STREET AND FLORIDA EAST COAST RAILROAD RIGHT-OF-WAY DESCRIBED AS FOLLOWS: FROM THE SOUTHWEST CORNER OF LOT 7, BLOCK 185, TOWN OF OKECHOBEE, RUN EAST ALONG SOUTH BOUNDARY LINE OF LOT 7, TO THE SOUTHEAST CORNER OF SAID LOT 7 FOR POINT OF BEGINNING; THENCE EAST OIN EXTENDED LINE TO THE INTERSECTION WITH THE WEST BOUNDARY LINE OF KISSIMMEE STREET; THENCE NORTH ALONG SAID WEST LINE OF KISSIMMEE STREET TO INTERSECTION WITH THE NORTH LINE OF NORTH CURVE STREET; THENCE SOUTHWESTERLY ALONG THE NORTH BOUNDARY LINE OF SAID NORTH CURVE STREETTO THE POINTOF BEGINNING; LESS THE FOLLOWING: FROM THE NORTHWEST CORNER OF LOT 6 BLOCK 185, TOWN OF OKEECHOBEE, RUN THENCE EAST ALONG THE NORTH LINE OF SAID LOT 6, A DISTANCE OF 150 FEET FOR THE POINT OF BEGINNING; THENCE RUN SOUTH ON A LINE PARALLEL TO WESTERN BOUNDARY OF SAID LOT 6 A DISTANCE OF 100 FEET; THENCE RUN EAST ON A LINE PARALLEL TO THE NORTHERN BOUNDARY OF SAID LOT 6 TO THE WEST BOUNDARY OF KISSIMMEE STREET; THENCE NORTH ALONG SAID WEST LINE OF KISSIMMEE STREET A DISTANCE OF 100 FEET; THENCE RUN WEST TO THE POINT OF BEGINNING; AND LOT 2, BLOCK 185, AND THE NORTH ONE-HALF (N 1/2) OF ABANDONED ALLEYWAY LYING ADJACENT TO SAID LOT 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994," which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 973 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 61h day of February, 2007. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk Page 2 of 3 ADOPTED after first reading on the 6" day of February, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 3 of 3 .. j City of Okeechobee General Services Department 55 S.E. 3 Avenue, ROOM 101 Okeechobee, Florida 34974-2903 Date: L Q�p Fee Paid: i ©a _ Petition No �7_.Q Jurisdiction: e� —66— 1st Hearing: ( p(� 2nd Hearing: 02 �' Publication Dates: Phone: (863) 763-%3372, eat. 218 Fag: (863) 763-1686 Notices Mailed: Comprehensive Plan Map Amendment Application Please Check One: _ Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s): Glenda Bellamy and Renee Ellerbee A P' Owner mailing address: 2106 S. Parrott Avenue, Okeechobee, FL 34974 P Name of applicant(s) if other than owner (state relationship): P) I Applicant mailingaddress: A N Name of contact person (state relationship): Renee Ellerbee, owner T Contact person daytime hone(s): 863-357-0255 Fax: 863-357-3955 eec o Property address / directions to property: th ree ee, See Attached Exhibit "A" Parcel Identification Number: 3-15-37-35-0010-01850-0010 3-15-37-35-0010-01850-002 Size of the Property (in acres): • 54 acres Current Zoning Designation: RMF iP R Current Future Land Use Designation: Single Family ;P Existing Use of the Property: Single Family E R. Proposed Future Land Use Designation: Heavy commerical T Proposed Use of the Property: Professional Office Y Description of Surrounding Properties: Mixed / RMF, Single Family, Light Commerical Heavy Commerical Legal Description of the Property (Lengthy Description May be Attached): See Attached Exhibit "B" Uniform Land Use Application (rev. 12/03) Page 1 of 2 tr , Required Attachments Survey of Property (11" x 14", 20" Scale) Letter Outlining Request Notarized Letter of Owner's Authorization Application Fee (non-refundable) City Location Map Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of O eech bee in processing my request. False or misleading ' n may le a fine of up to $500.00 and imprisonment of up to 30 da a>�d . ,resu emal of this application. �-llerbee Dec. 11, 2006 Printed Name Date Uniform Land Use Application (rev. 12/03) Page 2 of 2 EXHIBIT "A" Lot 1, Block 185, TOWN OF OKEECHOBEE, according to the Plat thereof recorded in Plat Book 2, Page 17, of the Public Records of Okeechobee County, Florida (formerly St. Lucie County); together with that part of abandoned North Curve Street and Florida East Coast Railroad right of way described as follows: From the Southwest corner of Lot 7, Block 185, TOWN OF OKEECHOBEE, run East along South boundary line of Lot 7, to the Southeast corner of said Lot 7 for POINT OF BEGINNING; thence east on extended line to the intersection with the West boundary line of Kissimmee Street; thence North along said West line of Kissimmee Street to intersection with the North line of North Curve Street; thence Southwesterly along the North boundary line of said North Curve Street to the POINT OF BEGINNING; Less the following: From the Northwest corner of Lot 6, Block 185, Town of Okeechobee, run thence East along the North line of said Lot 6, a distance of 150 feet for the Point of Beginning; thence run South on a line Parallel to Western boundary of said Lot 6 a distance of 100 feet; thence run East on a line parallel to the Northern Boundary of said Lot 6 to the West boundary of Kissimmee Street; thence North along said West line of Kissimmee Street a distance of 100 feet; thence run West to the POINT OF BEGINNING; AND Lot 2. Block 185, and the North One -Half (N 1 /2) of abandoned Alleyway lying adjacent to said Lot 2 Cl1 Y OF OKEECHOBEE. according to the Plat thereof recorded in Plat Book 5. Page 5. of the Public Records of Okeechobee County, Florida. Closers' Choice EXHIBIT "B" Directions From intersection of highway 70 and 441, head South on 441 to SW 4"' Street (road just past U-Save and just before Norton Dry Cleaners) make a right (West) on SW 4th Street go down 1 block, property is on SW corner of SW 0 Street and SW 2nd Avenue. STATEMENT OUTLINING REQUEST RE: 203 SW 4`h Street, Okeechobee, FL 34974 To Whom It May Concern: We, wish to have the future land Use designation changed from Single Family to Heavy Commercial in order to open a Professional Office. At the present time the property is zoned as RMF with the future land use as Single Family. At the same time that we are making application for the future land Use change we are also making application for the rezoning of the subject property. Prepared by; Record and Return to: FILE NUM 2006020777 Wendy Bostwick OR BK 00e518 PG 1981 Big Lake Title Company, Inc SHARON ROBERTSONr CLERK OF CIRCUIT COURT 2106 South Parrott Avenue OKEECHOBEE COUNTYr FL ORECORDED 1011:25:09 AMkeechobee, Florida 34974 FEES 1 RECORDING FEES 0.00 File Number: 3150 DEED DOC 1 r225.00 RECORDED BY R Parrish Warranty Deed P9 1991; UPS) Made this December 19, 2006 A.D. , By Christine E. Campbell, an unmarried person, whose address is: 203 SW 4th Street, Okeechobee, FL 34974, hereinafter called the grantor, to Glenda Bellamy and Renee Ellerbee, as joint tenants with full rights of survivorship, whose address is: 203 SW 4th Street, Okeechobee, FL 34974, hereinafter called the grantee: ( Whenever used herein the term 'granmr' and 'grantee' inetude all the parties to this insirumeat and the heir, legal representatives and assigns of individuals, end the successors and assigns of corporations) W itnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Okeechobee County, Florida, viz: Lot 1, Block 185, TOWN OF OKEECHOBEE, according to the Plat thereof recorded in Plat Book 2, Page 17, of the Public Records of Okeechobee County, Florida (formerly St. Lucie County); together with that part of abandoned North Curve Street and Florida East Coast Railroad right of way described as follows: From the Southwest comer of Lot 7, Block 185, TOWN OF OKEECHOBEE, run East along South boundary line of Lot 7, to the Southeast corner of said Lot 7 for POINT OF BEGINNING; thence east on extended line to the intersection with the West boundary line of Kissimmee Street; thence North along said West line of Kissimmee Street to intersection with the North line of North Curve Street; thence Southwesterly along the North boundary line of said North Curve Street to the POINT OF BEGINNING; Less the following: From the Northwest comer of Lot 6, Block 195, Town of Okeechobee, rum thence East along the North line of said Lot 6, a distance of 150 feet for the Point of Beginning; thence run South on a tine Parallel to Western boundary of said Lot 6 a distance of 100 feet; thence run East on a line parallel to the Northern Boundary of said Lot 6 to the West boundary of Kissimmee Street; thence North along said West line of Kissimmee Street a distance of 100 feet thence run West to the POINT OF BEGINNING; AND Lot 2, Block 185, and the North One -Half (NI/2) of abandoned Alleyway lying adjacent to said Lot 2, CITY OF OKEECHOBEE, according to the Plat thereof recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee County, Florida Parcel ID Number:3-15-37-35-0010-01950-0010 and 3-15-37-35-0010-01850-0020 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2006. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. AL C5 (Seal) Christine E. Campbell Address: 203 SW 4th Street, Okeechobee, FL 34974 State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this 19th day of who is/are personally known to me or who has produced r DEED Individual warranty Deed - Legal on Face Closers Choice , 2006, by Christine E. Campbell, an unmarried person, as identification. My Commission (SEAL) I Commission * DD601433 Expires October 14, 2010 Rook618/Pa0P1981 (,FN1t9nnFin9n777 Pane 1 of 1 BOUNDARY SURVEY PREPARED FOR LIV O o 0 15 30 SCALE IN FEET MAP SCALE: 1 INCH = 30 FEET RENEE ELLERE Y & GLENDA BELLAMY I l I LOT 5 LOT 4 I ( LOT 3 z^ W � O. IW/1 U Qa W N I >m �m I =� 15' ALLEY — DHW DHW DHW DHV DHW pHW_ DHW EAST 150.00'(D) N 89'59'49- E(C) } P.O.C. P.O.B. FOUND BOAT TT _ S.W. 4TH STREET FIFTH AVENUE(P) SPIKE (NO I.D.) r 1DO—R/W — II GRASS MEDIAN / CCRETE SIDEWALK nu i ONnuw- 49.98'(C) 50'(P) SET MAG NAIL do DISK "KAB LS 4820" N.E. CORNER OF BLOCK 185 SET MAG NAIL do EDGE OF ASPHALT DISK "KAB LS 4820" Gn GRASS 09 7 W 49.9 � U v O U CONCRETE 20.5 STEPS 0 ao 2.0' W r c) OLD iv z SEPTIC 6 _o TANK n N, S 89-59'07" W 99.96' — — 47.1' — S'LY. LINE OF LOT 1 BLOCK 185 LOT 1 1�. CORNER F SEPTIC TANK O `1 O -- JO d Io 5.1. 2.9' ^ U v CONCRETE n a LOT 2 3 29.6' — — 45.9' — — o 3 o Ix a O GRAVEL DRIVEWAY O / z WPP n Gqy �E( o ORwq r o TOTAL PARCEL In CONTAINS t0.54 ACRES CONCRETE N. LINE OF NORTH O CURVE STREET Zi ABANDONED NORTH CURVE FOUND 1" IRON STREET & FLORIDA EAST PIPE (NO I.D.) COAST RAILROAD PARCEL 0.3' S&0.3' E L-5 + � I J N 89'59'49" E 99.99' N 89'59'49" E 107.55' SET 5/8" IRON ROD k CAP "KAB LS 4820" UTS N 89'59'49" E 119.71' WEST(D) N 89"59'49" E 150.00'(C) SET 5/8" IRON ROD & N.W. COARCELRNER OFB 153, PG 05) (�B(LESS PARCEL) —/ �`•��`G, LOT 6, SET 5/BLOCK 185( )dc CAP "KAB LS 4820" LOT 6, BLOCK 185 ��llb, CAP "KAB LS 4820' LOT 6 E'LY. LINE OF LOT 5 - 6 BLOCK 185(P) � � L-1: N 89'59'49" E 36.36' L-2: S 39'01'12" W 9.65' — 0 3 L-3: N 39'01'12" E 12.00' o o o L-4: N 00'00'1l" W 9.33' Io L-5: N 89'59'49" E 42.44' 6^ tV o 0 to Y ./ — DHW DHW— WPP (ABANDONED) TELEPHONE BOX 35.0' CL iHLLJ Old I- zI� ^ Q v) U ZIw � N � O O tL In In U 00 tO o o M N O 3 Z °O Q O 0 0 z 0 z WATER METER OHW pHW WPP a x a = a P.O.C. (ORB 153, PG 505) S.W. CORNER OF LOT 7, BLOCK 185 EAST (D) NOTE: (HATCHED ARE NOTHING MENTIONED IN DEED ON LESSING THIS AREA OUT. P.O.B. (ORB 153, PC505) S.E. CORNER OF LOT 7, BLOCK 185 N`8959'49' =E(C) EAST(D) N 89'59'49- E 150.04'(C) N 89.59'49' E 99.30'(C) EAST (D) N 89.59'49• E 200.79'(C) DESCRIP TON. - LOT 2, BLOCK 185, AND THE NORTH ONE—HALF (Ii OF ABANDONED ALLEY LYING ADJACENT ; O SAID LOT 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, OF Tr,E PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND (OFFICIAL RECORDS BOOK 153, PAGE'S 505 & 506) "LOT 1, BLOCK 185, TOWN OF OKEECHOBEE, ACCORDING TO 77-IE PLA T THEREOF RECORDED IN PLA T BOOK 2, PAGE 17, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, TOGETHER WITH THAT PART OF ABANDONED NORTH CURIE S7REET AND FLORIDA EAST COAST RAILROAD RIGHT OF WA Y DESCRIBED AS FOLLOWS: FROM THE SOUTHWEST CORNER OF LOT 7, BLOCK 185, TOWN OF OKEECHOBEE, RUN EAST ALONG SOUTH BOUNDARY LINE OF LOT 7, TO THE SOUTHEAST CORNER OF SAID LOT 7 FOR POINT OF BEGINNING; THENCE EAST ON EXTENDED LINE TO THE INTRSEC77ON WITH THE WEST BOUNDARY LINE OF KISSIMMEE STREET; THENCE NORTH ALONG SAID WEST LINE OF KISSIMMEE STREET TO INTERSEC17ON WITH THE NORTH LINE OF NORTH CURIE STREET; THENCE SOUTHWESTERL Y ALONG THE NORTH BOUNDARY LINE OF SAID NORTH CURIE STREET TO THE POINT OF BEGINNING, LESS THE FOLLOWING.• FROM 7HE NORTHWEST CORNER OF LOT 6, BLOCK 185, TOWN OF OKEECHOBEE, RUN THENCE EAST ALONG THE NORTH LINE OF SAID LOT 6 A DISTANCE OF 150 FEET FOR THE POINT OF BEGINNING; THENCE RUN SOUTH ON A LINE PARALLEL TO WE57FRN BOUNDARY OF SAID LOT 6 A DISTANCE OF 100 FEET; THENCE RUN EAST ON A LINE PARALLEL TO THE NORTHERN BOUNDARY OF SAID LOT 6, TO THE WEST BOUNDARY OF KISSIMMEE STREET,• THENCE NORTH ALONG SAID WEST LINE OF KISSIMMEE STREET A DISTANCE OF 100 FEET,• THENCE RUN WEST TO THE POINT OF BEGINNING. PROJECT SPECIFIC NOTES.• 1) UNLESS SHOWN 07HERW/SE, ALL DIMENSIONS ARE CALCULA TED(C) AND MEASURED(M). 2) S17F ADDRESS. • 203 S W. 47H STREET. 3) PARCEL ID: 3-15-37-35-0010-01850-0010 & 0020. 4) F.I. R. M. ZONE- ZONE UNDE7FRMINED, PARCEL LIES W/ THIN THE OKEECHOBEE CITY LIMITS. 5) THIS SURREY IS NOT INTENDED TO DEPICT ✓URISDIC77ONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 6) THE SURVEY DEP(C7FD HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADD177ONS OR DELE77ONS TO SURVEY MAPS OR REPORT' BY OTHER THAN THE SIGNING PARTY OR PAR77ES IS PROHIBITED W TI-'.OUT WRI77FN CONSENT OF THE SIGNING PARTY OR PAR77ES. 7) DA TE OF LAST F7ELD SURVEY- 11120106. W. LINE I3 I s m KISSIMMEE STREET m o 0 O O Z 3 x 0 PROJECT SPECIFIC LEGEND: UTS = 7FLEPHONE PEDESTAL CPP = CONCRETE POWER POLE ARP = WOOD POWER POLE � SW FOUND BOAT SPIKE (NO I.D.) 6TH STREET ii�_ (n Cn 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 ` O n = 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. UJ D M 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 Z f M Mappers (Chapter 61G17-6, F.A.C.) pursuant to Section 472.027, Florida Statutes. O • z PREPARED FOR THE EXCLUSIVE USE OF: TRADEWINDS PROFESSIONAL SERVICES, INC. LEGEND —' O RENEE ELLERBY I FIRST AMERICAN TITLE INSURANCE CO. BIG LAKE Oo—Set Iron Rod and Cap TWPS 6719 ■—Found CM N • • GLENDA BELLAMY SURVEYORS AND MAPPERS *—Found Iron Rod (and Cap) O —Found Pipe (and Cap) O SEACOAST NATIONAL BANK ABBREVIATIONS �I ---�DESCRIPTION N REFERENCE DESCRIPTION DWG. DATE BY CK 200 S.W. 3rd Avenue k=Boseline; BM=Benchmark; �=Centerline; C=Calculated; CATV=Cable TV; CM= Concrete Monument; CONC=Concrete; D=Deed; L=Delto or Central Angle; E=East; v (� PROVIDED BY CLIENT OR CLIENTS REPRESENTATIVE n Okeechobee, FL 34974 E'LY=Eosterly, E/P=Edge of Pavement; ESMT=Easement; F.I.R.M.=Flood Insurance BOUNDARY SURVEY 11/21/06 WC KAB O O '"e:: (�'C3) 763-2887 ``� Rate Mop; FND=Found; IP=Iron Pipe; IR&(C)=Iron Rod (and ID Cap); L=(Arc) Length; -Tl O M=Measured; MH=Manhole; N=North; N'LY=Northerly, NGV(D)=National Geodetic D i'�/ / Vertical (Datum) of 1929; NTS=Not to Scale; OHW=Overhead 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 E CENTERLINE OF S.W. 2ND AVENUE IS TAKEN �EARING REFERENCE BEAR NORTH OO.01'OB' WEST /Dr• /30—d1 ?no /7? Cr`AI F• 1" ,, �f /� j7/ /J %��, Az/ l{l(! (b�a�[ �/`/ ' �� of Tongencv. PU&D—Public Utilitiv and Drainaqe; R=Radius; R/W=Right_ of—Ww r-Q 10-7 — 3n' 1 <�...._ ...T. _. Y el.�!(s{..— < 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 — Small Scale Comprehensive Plan Amendment Preparedfor The City of Okeechobee Applicant .• Glenda Bellamy and Renee Ellerbee Petition No. 07-002-SSA Staff Report Applicant: Glenda Bellamy and Renee Ellerbee Small -Scale Comprehensive Plan Amendment Petition No. 07-002-SSA General Information � gpli(an Address 2106 S Parrott avenue Okeechobee; FL 34974 _ 4 Applicant Phone Number: 863-357-0255 AP�t Legal Description: Lot 1, Block 185, TOWN OF OKEECHOBEE, according to the PIat thereof recorded in Plat Book 2, Page 17, of the Public Records of Okeechobee County, Florida (formerly St. Lucie County); together with that part of abandoned North Curve Street and Florida East coast Railroad right of way described as follows: From the Southwest corner of Lot 7, Block 185, TOWN OF OKEECHOBEE, run East along South boundary line of Lot 7, to the Southeast corner of said I,ot 7 for POINT OF BEGINNING, thence east on extended line to the intersection with the West boundary line of Kissimmee Street; thence North along said West line of Kissimmee Street to intersection with the North line of North Curve Street; thence Southwesterly along the North boundary line of said North Curve Street to the POINT OF BEGINNING; Less the following: From the Northwest corner of Lot 6, Block 185, Town of Okeechobee, run thence East along the North line of said Lot 6, a distance of 150 feet for the Point of Beginning; thence run South on a line Parallel to Western boundary of said Lot 6 a distance of 100 feet; thence run East on a line parallel to the Northern Boundary of said Lot 6 to the West boundary of Kissimmee Street; thence North along said West line of Kissimmee Street a distance of 100 feet; thence run West to the POINT OF BEGINNING; AND Lot 2, Block 185, and the North One -Half (N1/2) of abandoned Alleyway lying adjacent to said Lot 2, CITY OF OKEECHOBEE, according to the Plat thereof recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee County, Florida. Request: The matter for consideration is an application for a Future Land Use Map Amendment from Single Family to Commercial. Based on the size of the property (0.54 acres), this application qualifies under Chapter 163 of the Florida Statutes as a Small -Scale Amendment to the Comprehensive Plan. The applicant is also requesting a rezoning change from RMF to CHV for the property. �+ Staff Report Applicant: Glenda Bellamy and Renee Ellerbee Small -Scale Comprehensive Plan Amendment Petition No. 07-002-SSA West: Future Laid L1se Map Classification: Single Family Zoning District: RMF Existing Land'Use: Single Family The applicant is requesting this Future Land Use Map change from Single Family to Commercial. in order to operate a professional office. although a Commercial Future Land Use allows many other uses. The current corridor of land designated as Commercial Future Land Use in this area does not cross S.W. 2nd Avenue south of S.W. 4d' Street. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. After examining the Future Land Use Element, the subject property would seem more consistent with the Comprehensive Plan policies by remaining in the Single -Family Future Land Use category and not allowing the Commercial to encroach west of S.W. 2nd Avenue. The intent of the Future Land Use Element and Future Land Use Map is to manage future growth in a compatible manner. In implementing the Plan, the City has to ensure that its land development regulations protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. (See Policy 2.2) In addition, Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. The applicant's request to amend the Future Land Use Map would be inconsistent with the Future Land Use Element. The subject property is within the Single -Family Future Land Use N Staff Report Applicant: Glenda Bellamy and Renee Ellerbee Small -Scale Comprehensive Plan Amendment Petition No. 07-002-SSA category and the RMF Zoning District and is already developed with a single-family residence. B. Concurrency of Adequate Public Facilities Public facilities would be available, but traffic impacts for uses within the CHV could be substantial. Although this area is primarily residential, SW 2nd Avenue and SW 4`h Street could probably support more commercial traffic. However, this would need to be determined prior to allowing the commercial use. C. Compatibility with Adjacent and Nearby Land Uses The change from the Single -Family to Commercial Future Land Use category would create an incompatible use with the properties immediately adjacent to the subject property. (See Future Land Use Map Attached.) In addition, if the City were to allow this request it would be setting a precedent in an area of the City which is best suited as a residential neighborhood. S.W. 2nd Avenue currently acts as a buffer from the existing Commercial uses to the east. D. Compliance with Specific Standards of the Plan. The applicant's request, if granted, would not be in compliance with the standards set forth in the Comprehensive Plan. Analysis and Conclusions Based on the above information, staff does not recommend for approval of this request. Maps or Diagrams Submitted by: James G. LaRue, AICP January 7, 2007 3 2007- Planning Board - Pase 6 of 14 V. PUBLIC HEARING CONTINUED. A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-001-SSA continued. B. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-002-SSA. Glenda Bellamy and Renee Ellerbee are the property owners. The application is to change the Future Land Use designation from Single Family (SF) to Commercial (C) for property located at 203 Southwest 4`h Street, - Planning Consultant. The area is already suffering from the increased traffic. He considered this spot zoning, and that is going to influence the quality of life of the residents in this area. He was opposed to the application, Mr. Larry Julian representing Janice Newcomer a resident of this area also was opposed to this application. Mr. Wayne Radford, Southwest 3rd Avenue, reported that the traffic is bad, and he is opposed to the application. Mr. Sizemore, also spoke in opposition to the application. Chairperson Ledferd asked whether the Board had any further questions? There were none. Board Member Hoover made a recommendation of denial for Comprehensive Plan Small Scale Future Land Use Map Amendment application No. 07-001-SSA to change the future land use from S ingle Family to Commercial based on the Planning Staff Report,and that it was not found to be consistent with the Comprehensive Plan; seconded by Board Member Burroughs. VOTE LEDFERD-YEA HOOVER -YEA KELLER-YEA BURROUGHS-YEA MAXWELL-YEA MCCOY-YEA JOHNS -YEA MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on February 6, 2007 before City Council. Cons ider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07- 002-SSA submitted by property owners, Glenda Bellamy and Renee Ellerbee. The application is requesting to change the Future Land Use designation from Single Family (SF) to Commercial (C) for property located at 203 Southwest 4`s Street. Legal description:. Lot 1 and 2 of Block 185 according to the Plat thereof recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee County, Florida and is approximately 0.54 acre(s). The proposed use of the property is for a professional office. Mr. Brisson presented the Planning Staff Report that recommends denial based on not being consistent with the future land use in the area of single family and traffic impact. 2007- Planning Board - Page 7 of 14 V. PUBLIC HEARING CONTINUED. B. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-002-SSA continued. A [ter examining the Future Land Use Element, the subject property would seem more consistent with the Comprehensive Plan policies by remaining in the Single Family Future Land Use category and not allowing the Commercial to encroach west of Southwest 2nd Avenue. The intent of the Future Land use Element and Future Land Use Map is to manage future growth in a compatible manner. In implementing the plan, the City has to ensure that its land development regulations protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. In addition, Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the characterand landuses of surrounding area, and shall discourage urban sprawl. The applicant's request to amend the Future Land use map would be inconsistent with the Future Land Use Element. The subject property is within the Single Family Future land Use category and Residential Multiple Family (RMF) Zoning District and is already developed with a single family residence. Public facilities would be available, but traffic impacts could be substantial. The applicant's request, if granted, would not be in compliance with the standards set forth in the Comprehensive Plan, Mrs. Renee Ellerbee addressed the Board regarding her application by stating that she is being displaced from her current location due to development. Mr. Randy Ellerbee distributed copies'' of the surrounding area noting the existing commercial uses, regardless of the fact that the land use is single family. There are a significant number of commercial uses which have been in operation prior to the Future Land Use Map being adopted therefore the office would be a better fit that a residence. Chairperson Ledferd asked for any comments from the public. There were none. Board Member Burroughs moved to recommend to the City Council to approve Comprehensive Plan Small Scale Future Land Use map Amendment Application No. 07-002-SSA; and that based on the additional documentation provided by the applicant, that the application would be consistent with the Comprehensive Plan; seconded by Board Member Johns. 2007- Plannine Board - Paee 8 of 134 V. •PUBLIC HEARING CONTINUED. B. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-002-SSA continued. C. Consider Rezoning Petition No. 07-001-R. William Mason is the property owner. The application is to change the zoning designation from Holding (H) to Residential Single Family -One (RSF-1) for property located at the West Entrance of the Commerce Cente - Planning Consultant. VOTE LEDFERD - YEA HOOVER -NAY KELLER-YEA B 11 RROUGHS - YEA MAXWELL - NAY MCCOY - YEA JOHNS - YEA MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on February 6, 2007 before City Council. Consider Rezoning Application No. 07-001-R ,submitted by the property owner, William Mason. The petition is requesting to change the zoning designation from Holding (H) to Residential Single Family -One (RSF-1) for property located at the West Entrance of the Commerce Center. Legal description: all that portion of the following described land less and excepted the right-of- way of Northeast 9' Street: being more particularly described as follows: Beginning at a point on the North boundary line of Section 15, Township 37 South, Range 35 East, said point being due North of the Northeast corner of Block 1, Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, run thence South to the Northeast comer of said Block 1; thence run Southerly, along the Eastern Boundary and the Southerly projection thereof, of Blocks 1, 16, 17, 32, 33, 34 and 51 of said plat of Okeechobee, to the intersection with the North line of the Seaboard Airline Railroad right-of-way; thence run East, along the North line of the Seaboard Airline Railroad right-of-way, to the Western Shore Line of the Onosohatchee River or Taylor Creek, as now located; thence run Northerly, meandering along said Western Shore Line of said Creek, as now located, to the intersection with the North Boundary Line of said Section 15; thence run West, along said North Section Line, to the Point of Beginning. Lying in and comprising a part of the NW one -quarter of Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida. Lots 1 to 18, inclusive of Block 17, Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page.5, Public Records of Okeechobee County, Florida. Lots 1 through 3, Block 32, Okeechobee, according to the Plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Lots 4 through 7, and Lot 12, Block 32, City of Okeechobee, according to the Plat thereof recorded in Plat Book 1, Page 22,the Plat thereof recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee County, Florida. Lots 1 and 2, B lock 33 and Lots 1 through 6, inclusive, Block 34, Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County. SXN/B/7 NO.FEB 6 - i" Rtti1D EXHIBIT N0. FEB 20 - FINAL ORDINANCE NO. 974 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING (H) TO RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) 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. William Mason, property owner, of the property more particularly described hereafter, has heretofore filed Petition No. 07-001-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 13.01 acre(s) from Holding (H) to Residential Single Family -One (RSF-1) 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 January 18, 2007, 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: ALL THAT PORTION OF THE FOLLOWING DESCRIBED LAND LESS AND EXCEPTED THE RIGHT-OF-WAY OF NORTHEAST 9T" STREET: BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH BOUNDARY LINE OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, SAID POINT BEING DUE NORTH OF THE NORTHEAST CORNER OF BLOCK 1, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, RUN THENCE SOUTH TO THE NORTHEAST CORNER OF SAID BLOCK 1; THENCE RUN SOUTHERLY, Page 1 of 3 ALONG THE EASTERN BOUNDARY AND THE SOUTHERLY PROJECTION THEREOF, OF BLOCKS 1, 16, 17, 32, 33, 34, AND 51 OF SAID PLAT OF OKEECHOBEE, TO THE INTERSECTION WITH THE NORTH LINE OF THE SEABOARD AIRLINE RAILROAD RIGHT-OF-WAY; THENCE RUN EAST, ALONG THE NORTH LINE OF THE SEABOARD AIRLINE RAILROAD RIGHT-OF-WAY, TO THE WESTERN SHORE LINE OF THE ONOSOHATCHEE RIVER OF TAYLOR CREEK, AS NOW LOCATED; THENCE RUN NORTHERLY, MEANDERING ALONG SAID WESTERN SHORE LINE OF SAID CREEK, AS NOW LOCATED, TO THE INTERSECTION WITH THE NORTH BOUNDARY LINE OF SAID SECTION 15; THENCE RUN WEST, ALONG SAID NORTH SECTION LINE, TO THE POINT OF BEGINNING, LYING IN AND COMPRISING A PART OF THE NW '/a OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. LOTS 1 TO 18, INCLUSIVE OF BLOCK 17, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LOTS 1, 2 AND 3, BLOCK 32, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LOTS 4 AND 5, BLOCK 32, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 22, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LOTS 6 AND 7, BLOCK 32, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 22, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LOT 12 BLOCK 32, CITY OF OKEECHOBEE LOT 13, BLOCK 32, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LOT 26, BLOCK 32, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A COPY OF SAID PLAT BEING ALSO RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND ALSO RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LOTS 1 AND 2 IN BLOCK 33 AND LOTS 1 THROUGH 6, INCLUSIVE, IN BLOCK 34, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Holding (H) to Residential Single Family -One (RSF-1) 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. Page 2 of 3 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 61h day of February, 2007. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 201h day of February, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 3 of 3 James E. Kirk, Mayor City of Okeechobee General Services Department 55 S.E. 3`d Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: 1 a ► 9 Q Fee Paid: 500.00 Petition No. 07 -Go Jurisdiction: Ist Hearing: 1 Qf� 2nd Hearing 6 0 7 w a Publication Dates: Notices Mailed: unit rm Lana use Application ✓ Name of property owner(s): William H. Mason A P Owner mailing address: 1032 SW 20 Avenue Okeechobee, FL 34974 P L Name of applicant(s) if other than owner (state relationship): Not applicable I C Applicant mailing address: Not applicable A Name of contact person (state relationship): Not applicable UTN Contact person daytime phone(s): 863-697-6547 Fax: 863-467-4618 ✓ Property address / directions to property: West entrance to Commerce Center indicate current use of property: Vacant — Holding Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): None Approximate number of acres 13.01 aeresls property in a platted subdivision? Yes, a portion P R is there a currentf or recent use othe propem, that is!vwas a violation of count• ordinance? If so, describe- No 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: No R Is a sale subject to this application being granted? No T Y Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: No. Lots 12 & 13 Block 32, City of Okeechobe..to remain in natural state Describe adjoining land uses / improvements to the North: Future Assisted Living Facility South: Industrial East: Industrial Park West: Multi —Family Existing zoning: Holding Future Land Use classification: RSF Actions Requested: QVI Rezone Special Exception (_) Variance Parcel identification Number: see attached list Confirmation of Information Accuracy i hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request_ False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this application_ .�f��ti—� William H. Mason 12/18/06 Signature Printed Name Date Uniform Land Use Application (rev_ 1/03) Page i of 2 Current zoning classification: Holding Requested zoning classification : RSF at R What is your desired permitted use under the proposed classification: E Z Construct a single family residence O N If granted, will the new zone be contiguous with alike zone? Yes E Is a Special Exception for your intended use? No Variance? No ElDescribe 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 If business_ brirfiy describe nature mcludina number of etnpim ces_ hours_ noise generation and activities to be O conducted outside of a buildinLl: Describe Variance sought: V A RrDid e physical characteristic of property that makes variance necessary: I A N Cu cause or contribute to the characteristic? Is so, describe: E 11 11 What is the minimum variance necessary? Uniform Land Use Application (rev- 1/03) Page 2 of 2 William H. Mason Property Owner and Applicant Statement of Interest in Property 1, William H. Mason am the record title owner of the following listed properties. The intent of the attached application is to secure a change in zoning from the existing classification of Holding (H) to Residential Single Family (RSF). R3-15-37-35-0010-00010-001 B R3-15-37-35-0010-00340-0040 R3-15-37-3 5-0010-00340-0010 R3-15-37-35-0010-00330-0010 R3-15-3 7-35-0010-00320-0260 R3 -15-3 7-3 5-0010-00320-0010 R3-15-37-35-0010-00320-0040 R3 -15 -3 7-3 5-0010-003 2 0-0060 R3 -15-3 7-3 5-0010-00170-0090 R3 -15-3 7-3 5-0010-00170-0010 R3-15-37-35-0010-00010-001 G R3 -15 -3 7-3 5-0010-00010-0011, O.R. Book 385 Page 962 O.R. Book 386 Page 164 O.R. Book 386 Page 164 O.R. Book 386 Page 164 O.K. Book 399 Page 024 O.R. Book 322 Page 1344 O.R. Book 379 Page 1817 O.R. Book 396 Page 0858 O.R. Book 450 Page 1584 O.R. Book 450 Page 1584 O.R. Book 614 Page 1666 O.R. Book 385 Page 962 curref ryBWmpspaidtnPtl lantotfttigf OR 385 PACE 962 Bou NisekofCls+rp}tOr)u ��,: -.• �/4� /JoP. �7aoo Paten ID Number: 3-15-37-35-0010-00010-001A Grantee #1 Tim 264-82-2722 Warranty Deed This Indenture, Madedlis llthdayof December,1996A.D., Between SARAH HAMRICK, a single woman, of the County of Okeechobee I state of Florida , grantor, and WILLIAM H. MASON, a single man, whoseadd.is:1032 S.W. 20th Avenue, Okeechobee, Florida 34974 of the County of Okeechobee , state of Florida , grantee. Witnesseth that the GRANTOR, for and in consideration of the sum of — — — — — — — — — — — — — - - - - - - - - - - TEN & NO/ 10 0 ($10.00 ) - - - - - - - - - - DOLLARS, and other good and valuable consideration to, GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANFEE and GRANIEL5 heirs and assigns forever, the Following described land, situate, lying and beingin the County of Okeechobee state of Florida to wit: BEGINNING at a point on the North boundary line of Section 15, Township 37 South, Range 35 East, said point being due North of the Northeast corner of Block 1, OKEECHOBEE, according to the plat thereof recorded in Plat Book 2, Page 17, public records of St. Lucie County, Florida, now recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida, run thence South to the Northeast corner of said Block 1; thence run Southerly, along the Eastern boundary and the Southerly projection thereof, of Blocks 1, 16, 17, 32, 33, 34, and 51 of said plat of OKEECHOBEE, to the intersection with the North line of the Seaboard Airline Railroad right-of-way; thence run East, along the North line of the Seaboard Airline Railroad right-of-way, Lo the Western shore line of the Onoshohatchee River or Taylor Creek, as now located; thence run Northerly, meandering along said Western shore line of said creek, as now located, to the intersection with the North boundary line of said Section 15; thence run West, along said North Section line, to the POINT OF BEGINNING. Lying in and comprising a part of the NW; of Section 15, Township 37 South, Range 3.5 East, Okeechobee County, Florida. LESS AND EXCEPT: (Continued on attached) and the grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all Persons whomsoever. In Witness Whereof, hereunto set her hand and seal the day and year first above written. Sighed, Baled a delivered !;,�.Ce. (s-q EVA MAE JOVELY SARAH HAMRICK 1 es �--�� P.O:Address Post Office Box tt37, Okeechobee, FL 34973 TOM W. I Wit STATE OF FLORIDA R COUNTY OF OKEECHOBEE I' The foregoing instrument was acknowledged Wore me this llth day of December, 1996 by T SARAH HAMRICK, a single woman, R who is personally known to me. N Ibis Document Prepared By. TOM W. CONFLY, FQ MAE COIPELY T CONELY & CONFI.Y, P.A. MY COMMl�=mil a CC 24314o A MAE CONELY O zm N w_ vM sTRir Da' -s' I)a!Mw 12, IS86 ARY PUBLIC xr , ` an*Ad llw lmt,F, t taMwuwnr a r--3�'OKEHMOBEE, FL 349n y C.ommissioa Expires 12 / 12 / 9 6 (eL'1))OdSiS Fo.m F1WQ] Warranty Deed - Page 2 BOOK 385 PACE 963 A strip of land 100.00 feet in width, lying in Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: BEGIN at the Southeast corner of Block 1, CITY OF OKEECHOBEE, according to plat thereof recorded ::in Plat Book 5, Page 5, public records of Okeechobee County;, Florida, said point of beginning is also shown on survey of RIVERSIDE DRIVE, according to the plat thereof as recorded in Plat Book 1, Page 22, public records of Okeechobee County, Florida; said point of beginning is also a point of intersection of the Northerly right-of-way line of N.E. 13th Street, (formerly Nineteenth Street), and the Westerly right-of-way line of Riverside Drive; thence bear N 89°56'33" E along the Eastward projection of the North right-of-way line of said N.S. 13th Street a distance of 108.33 feet to the intersection with the Easterly right-of-way line of Riverside Drive; thence bear S 22°40'26" W along the aforesaid Easterly right-of-way line of Riverside Drive a distance of 108.33 feet; thence bear S 89*56.33" W parallel with the aforesaid Northerly right-of-way line'of N.E. 13th Street to the intersection with the said Westerly right-of-way line of Riverside Drive a distance of 1M 33 feet; thence bear N 22°40'26" E along the said Westerly right-of-way Riverside Drive a distance of line of BEGINNING_ 108.33 feet to the POINT OF Subject to restrictions, reservations' and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 1996. A ED:FOR RECORD OKEECHOBEE CO. EL. 289851 116 DEC I A SIMRON ROBERTSON, CLF-RY,OF CIRCUIT CCUf,T (el ) 76LSSST �Fo`m FLW0.2 BOOK 386 PAGE 164 /p,� go -DO& 1h4" d i7 3-15-37-35-0010-00340-0010 Docutnen ary�amps paid to the amount of Pared ID Number. 3-15-37-35-0010-00330-0010 S Grantee #i TIN 264-82-2722 Clerk of Clroull Coury at, Warranty Deed �77 This Indenture, Made this _ L&day of December,19 9 6 A.D. , Between LOUIS B. FINE FAMILY LIMITED PARTNERSHIP, a Virginia limited partnership of the County of , state of Virginia , grantor, and WILLIAM H. MASON, a single man, whoseaadressis1032 S.W. 20th Avenue, Okeechobee, Florida 34974 of the County of Okeechobee state of Florida , grantee. Witnesseth that the GRANTOR, for and in consideration of the sum of - - - - - - - - - - - - - - - - - - - - - - - TEN & NO/ 100 ($10.00) - - - - - - - - - DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs and assigns forever, the following described land, situate, lying and being in the County of Okeechobee statcef Florida towit: Lots 1 and 2 in Block 33 and Lots 1 through 6, inclusive, in Block 34, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 1996. �FC FQR f�` Ci:�ltl? FI 290415 96D-F21 IJ!II-1, CLERK:01 CIRCUf i CUUF; and the grantor does herefly fully warrant the title to said land, and wM defend the same against lawful claims or all persons whomsoever. In Witness Whereof, the grantor has hereunto set his hand and seal the day and year first above written. Signed, sealed and delivered in our presence: LOUIS FINE FAMILY LIMITED PAR SH P Ifi"- Zia:8L2 By: lAs�/ (Seao Printed Name: E?o�Rnnnn LOUIS B. FINE, General Partner Witness ! P.O,.Addtess 2101 Parks Avenue Ste. 601, Virginia Bcnch, VA 23451 Printed Name: 2reAu �rou Witness COMMONWEALTH O IRGIN 11i CV.q-eTJNW OF R The foregoing instrument was acknowledged before me this dap of December, 1996 : by E LOUIS B. FINE, General Partner on behalf of LOUIS B. FINE FAMILY T LIMITED PARTNERSHIP, a Virginia Limited Partnership. U He is personally known to me or who has produced his e S C e /f S L R as idcntil ication. N. This Document Prepared By. T TOM W. CONELY, III O CONELY s CONELY, PA inted Nyn 207 N. W. 2ND STREET NOTARY PUBLIC OREECHOBEE, FL 34972 my Commission Expires / -•3/.- DD ®� >6iscsc r— FL 62 Parcel 1D Nombee 3-15-37-35-0010-00320-0260 Grantee #1 mT* 264-82-2722 Documentary Stamps paid In the amount of $ 3 50 Class C ) ngible Tax paid in the amount of $ N o c> -- Clerk of Cirdjit Court date fSPam Above This Line For Recording Data) Warranty Deed �ql� This Indenture, Made this ,?! day of November ,19 9 7 AD. , Between GEORGE SIMMONS, a married man of the County of OKEECHOBEE , State of FLORIDA WILLIAM H. MASON, a single man whoscaddressis:1032 S.W. 20th Avenue, Okeechobee, FL 34974 ,grantor, and of the County of OKEECHOBEE State of FL:ORIDA WltneSSeth that the GRANTOR for granter and iconsideration of the sum of — NO/100 ($10.00) - - - - - - - - - - - - - n - - - - TEN & and other good and valuable Consideration to GRANTOR in hand }mid by G DOLLARS, granted, bargained and sold to the said G the reeeiPt whereof is hereby acknowledged, has RANTEE and GRANTEE'S heirs and assigns forever, the following described land, situate, lying and being in the munlyof OKEECHOBEE A towit: Lot 26 Of Block 32, OKEECHOBEE, according �to the plat thereof recorded in Plat Book 2, Page 17, public records of St. Lucie County, Florida, a copy of said plat being also recorded in Plat Book 1, Page 10, public records of Okeechobee County, Florida, and also recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. SUBJECT to restrictions, reservations and easements of record, if any, which are not reimposed hereby; and taxes subsequent to December 31st, 1997. THE PROPERTY HEREIN CONVEYED IS NOT THE HOMESTEAD PROPERTY OF GRANTOR. on and the grantor does hereby f. flyof warrant [hc title to said land, willldeffeend the same attached) ains hled 1 claims of all persons whomsoever. In W1tIIQSS Whereof, the grantor has hcn:unto set his hand and seal the de and Signed, ed and delivered in our presence: Y year first above written. 12 PExrite Name; Lisa emen S ���.� '1�t"?-s°r4 (seat) Wit Pss uE 3MM S / P.O.. Address 1065 N.E. 102nd Street, Okeechobee, FL 3497, ri N e : ina o eman (seal) Wit ess Witness (Seat) Witness (S-1) STATE OF FLORIDA COUNTY OF OKEECHOBEE j/��! The foregoing instrument was acknowledged before me this Z _ R ': any of November 1997 by E GEORGE SIMMONS, a married man T U who is Personally known tome or who has produced his Florida driver' S R take an oath. license az identification and who did not N This Document Prepared By. GINAMGRGfW-GOUEP" r f T TOM W. Commy. in, ESQ '' My GOMMMON / fD414964 — O CONFLY & CDNELy, PA eoat>Eor aallovember +amntNtct. lac. P 1n d name na Mor a ' ota Public ol�an 2Q7 N.W. SL(X)Np ��T ry My Commission Exp;res: (? ' °BEe,P[.sav'n Q ep t �yy PfCt 79 FACE Ot�4 l2t) 76iSSi5 Fount FLw'0.2 Ji Warranty Deed - Page 2 THIS INSTRUMENT WAS PREPARED FROM INFORMATION PROVIDED BY THE PARTIES. MARKETABILITY OF TITLE IS NOT GUARANTEED NOR ACCURACY OF THE DESCRIPTION, AS TITLE WAS NOT EXAMINED. EMM FILED FOR RECORD OKEECHOBEE CO. FL. 302410 97DEC -4 M 815D SHARON ROBERTS0N CLERK OF CIRCUIT COURT F FLW61 ?oR m 399 PAGE 095 y• r i i E �t ?tl t 1 ,.. , BOOK 322 PACE1344 r r. 228787 !p' GL Ul CLERK 01- Parml m Namb= 3-15-37-35-0010-00320-0010 Grantee #11w- 264-82-2722 [Space Above This Line For Recording Data] Warranty Deed This Indenture, Made this C i day of /-1 P 19 ► L i3 91 n.D. , Between JOHN C. PIRTS'L, III and JOAN PIRTEL; his wife. of the county of N Pll J j V Cn state of Connecticut WILLIAM H. MASON, a single man, I ,grantors, and whoseaddressis:1032 S-W_ 20th Avenue, Okeechobee, Florida 34974 of the county of Okeechobee , Stat-or Florida Witnesseth that the G , grantee. RANiTORS, for and in consideration of the sum of — — — — — — _ _ _ _ _ _ - - - - - - - - - TEN & N0/100($10.00) - - - - - _ _ _ _ and other good and valuable consideration to GRANTORS in hand id b G — DOLLARS, anted, bar Y RANTEE, the receipt whereof is hereby acknowledged, bm c Ill' gained and sold to the said GRANTEE and GRANTEVS heirsand assigns forever, the following described land, situate, lying and being in the county of OKEECHOBEE State of Florida to wit: 1/3 INTEREST IN AND TO THE FOLLOWING DESCRIBED PROPERTY: Lots 1, 2 and 3, Block 32, OKEECHOBEE,' according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida_ Subiect to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 1990. Iand the grantors do hereby fully wazrant the title to said land, and will defend the same against InwfuI daims of all persons whomsoever. n Witness Whereof, the grantors have hereunto set their hands and seats the da and Signed,��Qlivered in our Y Year First above written. (�) J C. PIR Lv �•1. Witness (S-1) JO PIRTEL (seal) (Seal) STATE OF COrrNEC_TICIIT R COUNTY OF /� f eu) LI -r * * Q I HEREBY t-ERT& X that on this day, before me, an officer JOHN C. PIRTEL, III and JOAN PIRTEL, duty qualiued to take a cknowiedgcmems, personally appeared lU his" wife, R N to me [mown to be the persons described in and who executed the foregoing instrument and th same. the ey acknowledged before me that they executed T' 4! WrrNESS my hand and official xal in the County and Slate last afomaid this This Document Prepared By. of G(/,I, - , �9 y Q TOM W_ CONE%Y, in /�lJay /-/ — ----- CONEI.Y R OONELY, PA 207 TL W. 2ND STREL r TARY PUBLIC, STATE OF CONNECTICUT' OLEECIIORBE FL 3497L My Commission Expires: (NOTd,RY,,;gEAL ) ©io u s rae tv90 )�ss� i m, riwnz OF ° 379 nc-4 81 ay e amps laid ir the z:naunt of This Instrument Prepared C. 'v`$3FC CYi.liCili �`rptir c- Robert V. Kennedy 200 NE 4th Avenue �t Okeechobee, FL 34972 Parcel No. 3-15-37-35-0010-00320-0040 THIS WARRANTY DEED, made the lst day of July, 1996 by WILLIAM CHAD KENNEDY, a married man, hereinafter called the Grantor to WILLIAM (1' MASON, a single man and whose post office address is 1032 SW 20th Avenue, Okeechobee, FL 34974 hereinafter called the Grantee. WITNESSETH, That the Grantor, for and in consideration of the sum of $ 10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land, situate in Okeechobee County, State of Florida, to -wit: Lots 4 and 5, Block 32, CITY OF OKEECHOBEE, according to the Plat thereof recorded in Plat Book 1, page 22, public records of Okeechobee county, Florida. SUBJECT TO restrictions, reservations and easements of record. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. _.;..�. _._ _.., _...__ .r. _. "v TO HAVE"AN]3 TO HOT,D, 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, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1995. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sled and de1�31verrfftfberesence of: WITNESS X Zj � Y-Z r . WI IAM CHAD KENNEDY 13227 153rd Road North Jupiter, FL 33478 ! o d ` JOSEPH J_ DEMARCO WIMSS", S ._ Mr CAMMESKM ► CC 445326 r/ D rm: March 15,1999 � � P B Lys iJ C ,/ /i- �" ! ! ' ' S'C—o Dlldsd ThN �i0id[�' Ii66C 1�11dEI1NffI6[5 Print Witness Name This Instrument Prepared and Return to: Robert v. Kennedy 200 NE 4th Avenue Okeechobee, FL 34972 Parcel No. 3-15-37-35-0010-00320-0060 Documentary Stamps paid in the amount o, $ moo _ Clas C 21ntangibLleTax paid in the mount o / erk of Circuit Court date 9_a5--97 THIS WARRANTY DEED, made the 22nd day of September, 1997 by ROBERT V. KENNEDY, a single man hereinafter called the Grantor to WILLTAM MASON, a single man and whose post office address is 1032 SW 20th Avenue, Okeechobee, FL 34974, hereinafter called the Grantee. WITNESSETH, That the Grantor, for and in consideration of the sum of $ 10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land, situate in O;�echob County, State of Florida, to -wit: ee Lots 6 and 7, Block 32, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 1, page 22, public records of Okeechobee County, Florida. SUBJECT TO restrictions, reservations and easements of record. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO RAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantee that the tor seized of said land in fee simple; that the grantor have go d arightlandalawful authority to sell and convey said land, and hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1996. IN WITNESS WHEREOF, the said Grantor has signed and sealed these the day and year first above written. — - Signed,/sealed and delivered in the presence of: WITNESS E Pr�n-Lt Witnessyamect�.� WITNESS a� -1 �':Et- t`�-- rD es f6,g ('l Print Witness Name 200 N. E. 4th Avenue Okeechobee, FL 34972 OR °KQ396 PAN 858 FUED FOR RECORD OKEECHOEEE CO. F } . 300016 �: 257 Cis is `� Sit CiR0N L:0" CLERIK O -, 7 CLO T COURT STATE OF FLORIDA COUNTY OF OKEECH013EE I HERESY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared ROBERT V. EENNEDY, a single man known to me to be the person described in and who executed the foregoing instrument, who acknowledged before me that they executed the same. (X) Said person(s) is/are personally known to me. ( j Said person(s) provided the following t e of identification: WITNESS my hand and official seal in the County and State last aforesaid this J11j day of September, 1997- /?116/ NOTAR!Y PUHLI Print notary name My commission expires: � llltl.�TllllTlll�7TTTTTJTlll�llTJJllllllJlJllllJlJ � y 4I- iV PiS Linda Wilson O S '1 Notary Public, Stott of Florida ' O L'O>inAWSlor, No. CC 493690 ` S . 9FaA Fio hf • Corms issiun E y vires 09/06i99 t-00-3-NOTAP_Y - FYa. nzta— 3crvi: c 3nnSo,_ Co. C ��0396 PAN 050 Dowb 81 mps paid In tha amount of F11S 0 4 5 0 PAGE 15 8 E+ Class C 1 ggbia Tex paid Hte artloutrt Shww, RWerhw cdark ai cftu Ice 7D, Parcel 1D Number.. 3715-37-35-0010-00170-0010/0090 Grantee #1.TM: 264-82-2722 Warranty Deed This Indenture, Made this Z(1_-day of February, CARROLL M. JOHNSON and DELIGHT DREESE;2001 A.D. , Between of the County of State of Ohio WILLIAM H. MASON, a single man, , grantors, and whoseaadressis:1032 S.W_ 20th Avenue, Okeechobee, Florida 34974 of the county of Okeechobee I state of Florida grantee. Witnesseth that the GRANTORS, for and in consideration of the sum of — — — — _ _ _ _ _ _ _ _ - - - - - - - - - TEN & NO/100 ($10 _ 00) - - - - - _ - - _ _ and other good and valuable consideration to GRANTORS in hand paid by GRANTEE, the receipt whereof is hereby acknowledgedLA vet granted, bargained and sold to the said GRANTEE and GRANTEE's heirs land assigns forever, the following described land, situate, lying and being in the county of Okeechobee state of Florida to wit: Lots 1 to 18, inclusive, of Block 17,' OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida_ The property herein conveyed does not constitute the homestead Property of Grantors. SUBJECT to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 2000. and the grantors do hereby hdly warrant the [Ne to said land, and wll defend the same against lawful claims of all persons In Witness Whereof, the whomsoever.grantors have hereunto set her hands and seals the da an Signed, sealed and delivered in our presence: y year first above wrinen. . l R-r S Printed Name �• C rn CARROLL M . JO ON (Seal) Witness as to Johnson - PiO. Address 171213rookwood Drive, Akron, OH 44313-5054 Printed Name: Ann L. grand Witness as tc Johnson Pri ted Name t�L�� DELIGHT �15EE a (Seal) Wi ess as o D ese P:O. Address .4thTerrace, Gainesville, FL 32670 rinted Name: Witness as to Dreese STATE OF OHIO R COUNTY OF SUvP1IT ri T The foregoing instrument was acknowledged before CARRQLiI<' --M--- JOHNSON, me this 12th say of February, 2001 by U R who oerann311y�4ednwri ie me or who has produced her ' driver's l i N . . as identification. ct-n-se C`C)lN This Diknmeui Prep- redly ✓ " �' ceN1 O POS3 0131Z E nfinwr a 1367 Printed Name: THOMAS E. PARRISH Attar atLaw �\ o10EEerlosE; . _-i 319j3-1367 NOTARY PUBLIC NOTARY PUBLIC, STATE OF OHIO--- b .�' ray commission Expires: Q My Commission Has No Expiration Date 0) DIV ssss c. ' cLw 2 Section 147,03 Ohio Revised Code Warranty Deed - Page 2 BR0450 PABE1585 A-18fib2 STATE OF FLORIDA COUNTY OF ,�, The foregoing instrument was acknowledged before me this day of DELIGHT DREESE, FILED FOR RECORD UKEECHOPEECOUNTY. FL 2001 FEB 22 PM ? 57 SHARON ROBERTSON CLERK OF CIRCUIT COURT February, 20 Ol by who is personally known to me or who bas produced her iC / .� ,..—F L >>�- %S.2.cj as idendfcation. W / rinted Name: NOTARY PUBLIC My Commission Expires:"""�.�..,��,�� 'N" �: AARCEUB VEAftUM . �'�: MyCOA1MISSION!(xg�0� �,... `i` FJ(PIAES:Noyember2S,2003 °R.E\•• a^a�.a7aru Westwn sun M o0ap'aY © UN syysicros. Irc. 1999 1ara1 b555S Form rl_wR2 1# j g-tea 3, - %D, _.G This Instrument Prepared By: and Return To: TOM W. CONELY, III CONELY & CONELY, P.A. Post Office Drawer 1367 Okeechobee, Florida 34973-1367 Parcel ID Number: 3-15-37-35-0010-00010-001 G OR B K 00614 PG 1 666 SHARON ROBERTSORr CLERK. OF CIRCUIT GOU OKEEC:HOBEE IOUNTYr FL RECORDED 1 Ct,• 30 201016 02:2 '05 Fib RECORDING FEES 18'.50 DEED DOt= 10.51 i RECORDED BY tt F i non Fqs 1111 - 166,71; (2pasi TRUSTEE'S DEED [PREPARED WITHOUT EXAMINATION OF TITLE] THIS DEED made this 30th day of October, 2006, by SARAH REGINA HAMRICK, as Trustee of the SARAH REGINA HAMRICK Revocable Trust dated April 2, 2002, hereinafter called "Grantor", to WILLIAM H. MASON, a single adult, whose address is 1032 SW 20th Avenue, Okeechobee, FL 34974, hereinafter called "Grantee": (Wherever used herein the terms "Grantor" and "Grantee" shall include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH: That the Grantor, for and in consideration of TEN AND NO/100s DOLLARS ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto Grantee, all that certain land situate in Okeechobee County, Florida, to wit: A strip of land 100.0 feet in width lying in Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: BEGIN at the Southeast corner of Block 1, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida, said point of beginning is also shown on survey of RIVERSIDE DRIVE, according to the plat thereof and recorded in Plat Book 1, Page 22, public records of Okeechobee County, Florida; said point of beginning is also a point of intersection of the Northerly right of way Iine of NE 13th Street (formerly Nineteenth Street) and the Westerly right of way line of Riverside Drive; thence bear North 89°56'33" East along the Eastward projection of the North right of way line of said NE 13" Street a distance of 108.33 feet to the intersection with the Easterly right of way line of Riverside Drive; thence bear South 22°40'26" East along the aforesaid Easterly right of way line of Riverside Drive a distance of 108.33 feet; thence bear South 89056133" West parallel with the aforesaid Northerly right of way line of NE 13' Street to the intersection with the said Westerly right of way line of Riverside Drive a distance of 108.33 feet; thence bear North 22°40'26" West along the said Westerly right of way line of Riverside Drive a distance of 108.33 feet to the POINT OF BEGINNING. The property conveyed herein is not the homestead property of the grantor. SUBJECT TO restrictions, reservations and easements of record, if any, which are not reimposed hereby and taxes subsequent to December 31, 2005. TOGETHER WITH all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND HOLD, the same m' fee simple forever. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, Sealed and Delivered in our presence: I" Witness Signature EVA MAE CONELY I" Witness Printed Name j ,294Vib iasdSlign e __. M W: CONEL , III 2°a Witness Printed Name STATE OF FLORIDA COUNTY OF OKEECHOBEE SARAH REGINA HAMRICK, Trustee P.O. Box 837 Okeechobee, FL 34973-0837 The foregoing instrument was acknowledged before me this 30th day of October, 2006, by SARAH REGINA HAMRICK, on behalf of said trust, who is personally known to me. NOTARY PUB IC Eva MAE CONELY My COMMISSION # DD 365751 EXPIRES: December 1Z 2008 Bonded Thin Notary Public tkxLw ters Application for a Change in Zoning William H. Mason — Property Owner and Applicant Statement of Special Reasons and Basis for Request William H. Mason currently owns the subject property previously described in the attached petition. The property is approximately 13 acres in area and located east of the Commerce Center. The property is currently zoned Holding (H) and lies within the Residential Future Land Use classification of the Unified Land Development Code as adopted by the City of Okeechobee. The applicant wishes to construct a single family residence on the property. In accordance with city regulations, a change in zoning will be required to allow the construction of a single family residence. The applicant respectfully requests that the Planning Board recommend that the City Council grant the request for a change in zoning from the existing classification of holding (H) to Residential Single Family (RSF). Application for a Change in Zoning William H. Mason — Property Owner and Applicant Intended Use, Nature of Activities and Development of Property William H. Mason currently owns all property included in the attached petition. The property is located at west entrance of the Commerce Center and is approximately 13 acres in area. The applicant wishes to construct a single family residence on the subject property. The subject parcel has adequate area for ingress and egress with access points on NE 9 h Street and NE 10'h Street. The need for screening and buffering in not anticipated given the location is in an area designated specifically for future residential development. Application for a Change in Zoning William H. Mason — Property Owner and Applicant Existing Use of Surrounding Properties William H. Mason currently owns all the property included in the attached petition for a change in zoning. The property is approximately 13 acres in area and located at the west entrance of the Commerce Center. The subject property is zoned Holding and lies within the Residential Single Family future land use classification of the Unified Land Development Code as adopted by the City of Okeechobee. To the North of the subject property is an assisted living facility and additional property designated as a future assisted living facility. Further north is the Raulerson Hospital and property in agriculture use. To the West of the subject property is the Commerce Center, further west is vacant property owned by the City of Okeechobee. o the South of the subject property is a variety of commercial and industrial uses and also vacant industrial and agriculture properties. To the East of the subject property is sparsely developed residential properties and vacant residential. Further east is a variety of commercial development. The proposed use of the subject property as residential would be consistent and compatible with the residential development already existing in the general area, and therefore would not adversely impact adjacent or nearby properties in the area. 1375 Jackson Street, Suite 206 : Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planninR@att.net Applicant.• William H. Mason From: RAIF and Holding To: RSF Petition No. 07-001-R Staff Report Rezoning Request Applicant: William H. Mason Petition No. 07-001-R General Information �'App�ic�ant�Acress. '��` 1.03`2 SV� 20�Avenlie Okeechobee, FL 34974 Applicant Phone Number: 863-697-6547/Fax 863 467 4618 QJ- Legal Description: ALL THAT PORTION OF THE FOLLOWING DESCRIBED LAND LESS AND EXCEPTED THE RIGHT-OF- WAY OF NORTHEAST 9" -' STREET: BEING MORE PAR"TICU LARLY" DE:SCRIBFD AS FOLLOWS BEGINNING AI A POINI ON THE NORTH I INI. OF SI.CHON 15. 1-OWNSIII1) 37 SOL'Il1 RANGE 35 EAST_ SAID POINT BEING DUE NORTH OF THE NORTHEAST CORNER OF BLOCK I. OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, RUN THENCE SOUTH TO THE NORTHEAST CORNER OF SAID BLOCK 1; THENCE RUN SOUTHERLY, ALONG THE EASTERN BOUNDARY AND THE SOUTHERLY PROJECTION THEREOF, OF BLOCKS 1, 16, 17, 32, 33, 34, AND 51 OF SAID PLAT OF OKEECHOBEE, TO THE INTERSECTION WITH THE NORTH LINE OF THE SEABOARD AIRLINE RAILROAD RIGHT-OF-WAY; THENCE RUN EAST, ALONG THE NORTH LINE OF THE SEABOARD AIRLINE RAILROAD RIGHT-OF- WAY, TO THE WESTERN SHORE LINE OF THE ONOSOHATCHEE RIVER OF TAYLOR CREEK, AS NOW LOCATED; THENCE RUN NORTHERLY, MEANDERING ALONG SAID WESTERN SHORE LINE OF SAID CREEK, AS NOW LOCATED, TO THE INTERSECTION WITH THE NORTH BOUNDARY LINE OF SAID SECTION 15; THENCE RUN WEST, ALONG SAID NORTH SECTION LINE, TO THE POINT OF BEGINNING, LYING IN AND COMPRISING A PART OF THE NW 1/4 OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. LOTS 1 TO 18, INCLUSIVE OF BLOCK 17, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LOTS 1, 2 AND 3, BLOCK 32, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY. FLORIDA. Staff Report Rezoning Request Applicant: William H. Mason Petition No. 07-001-R LOTS 4 AND 5, BLOCK 32, CTTY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 22, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LOTS 6 AND 7, BLOCK 32, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 22, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LOT 12 BLOCK 32, CITY OF OKEECHOBEE LOT 13, BLOCK 32, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LOT 26, BLOCK 32, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A COPY OF SAID PLAT BEING ALSO RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND ALSO RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LOTS I AND 2 IN BLOCK 33 AND LOTS 1 THROUGH 6, INCLUSIVE, IN BLOCK 34, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA_ The applicant is requesting to rezone approximately 13.01 acres from the RMF and Holding Zoning Districts to the RSF-1 Zoning District. North: Future Land Use Map Classification: Single Family Zoning District: Holding Exislrig.Land Use: Assisted Liking Facllttys _gp .. Use M r�pxClsfication. .:Ymdnstr�l.._ Zoning District: IND ` , M?g Land LTse Industrial ?ark �� M. Stth�->nre.and IJe lYa 1�a�ation. s ,x)[Tl any ><ngle Zoning District: a. IND and Holding Existing Land Use: Industial and Car Lot .. .. West Fture`Land Use Map Classification: Single Family andlYlul Tamily :, -. Zoning District: Holding and RMF lltsting Land Use: Vacant_;and Resideritsa Staff Report Applicant: William H. Mason Rezoning Request Petition No. 07-001-R The subject property consists of several lots located in the northeastern portion of the City. All of the subject property is within the Single Family Future Land Use category as shown on the City's Future Land Use Map. All of the lots are vacant and undeveloped. It is the applicant's intent to construct a single family residence on the property (Lots 2 and 3, Block 32) and leave the rest of the property vacant. The surrounding existing uses are a mix of residential, commercial and industrial uses. The request to rezone the subject property will make the zoning consistent with the Future Land Use classification and will allow development which is compatible with the neighboring properties. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. The proposed single family use and RSF-1 Zoning is consistent with the Comprehensive Plan policies and the Future Land Use Map designation for this property. Polio, 2. ](a): Single -Family Residential. Permitted uses are one single-family d�vcllin�> on each lot and structures accessory to the residential use. ntohile home pares and public facilities. Mciximiun densitY of four units per acre for residential units on individual lots, and six units per acre for mobile home parks. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Section 90-102(1) of the City's Land Development Code allows single family dwellings as a permitted use under the RSF-1 Zoning District. 3. The proposed use will not have an adverse effect on the public interest. The proposed single family use and RSF-1 Zoning District will not have an adverse effect on the public interest. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. A single family dwelling would be appropriate for this location and compatible with the surrounding land uses. 91 Staff Report Rezoning Request Applicant: William H. Mason Petition No. 07-001-R 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The RSF-1 Zoning and accompanying single family use would not adversely affect property values or living conditions. Development of the subject property could encourage development of vacant lands adjacent to the applicant's property. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood If required, the proposed single family use could be buffered from surrounding uses. At this time, however, it does not appear that buffering will be necessary. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed single family use will not create a density pattern that would overburden public facilities. The proposed RSF-1 Zoning would create consistency with the existing Single Family Future Land Use category. 8. The proposed use Trill not ( reute traffic CorrgC,stion, flooding or droitia - problcros_ or wherwise affect public safety_ The applicant is not proposing any density increases for the subject property. The rezoning request is to allow the applicant to develop the property within the parameter of the Single Family land use category consistent with the Comprehensive Plan. As such, traffic congestions, flooding or drainage will not be a problem for the site. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The only restrictions placed on the subject property are those which are set forth in the Comprehensive Plan and the Land Development Code. The proposed use has not been inordinately burdened by unnecessary restrictions. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. By allowing the applicant to develop the property under the RSF-1 Zoning District, the applicant is not receiving any special privileges which are not granted to any other citizen under the same circumstances. 0 Staff Report Rezoning Request Applicant: William H. Mason Petition No. 07-001-R Recommendation Staff recommends approval of the request to allow rezoning from RMF and Holding to RSF-1 permitting the applicant to develop a single family residence on the property. Submitted by: James G. LaRue, AICP Planning Consultant January 7, 2007 5 2007- Plannine Board - Paee 8 of 134 V. PUBLIC HEARING CONTINUED. B. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No, 07-002-SSA continued. C. Consider Rezoning Petition No. 07-001-R. William Mason is the property owner. The application is to change the zoning designation from Holding (H)10 Residential Single Family -One (RSF-1) for property located at the Wes t Entrance of the Commerce Cente - Planning Consultant. VOTE LEDFERD-YEA HOOVER -NAY KELLER-YEA BURROUGHS-YEA MAXWELL-NAY MCCOY-YEA ,JOHNS - YEA MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on February 6, 2007 before City Council, Consider Rezoning Application No. 07-001-R ,submitted by the property owner, William Mason. The petition is requesting to change the zoning designation from Holding (H) to Residential Single Family -One (RSF-1) for property located at the West Entrance of the Commerce Center. Legal description: all that portion of the following described land less and excepted the right-of- way of Northeast 9`h Street: being more particularly described as follows: Beginning at a point on the North boundary line of Section 15, Township 37 South, Range 35 East, said point being due North of the Northeast corner of Block 1, Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, run thence South to the Northeast corner of said Block 1; thence run Southerly, along the Eastern Boundary and the Southerly projection thereof, of Blocks 1, 16, 17, 32, 33, 34 and 51 of said plat of Okeechobee, to the intersection with the North line of the Seaboard Airline Railroad right-of-way; thence run East, along the North line of the Seaboard Airline Railroad right-of-way, to the Western Shore Line of the Onosohatchee River or Taylor Creek, as now located; thence ran Northerly, meandering along said Western Shore Line of said Creek, as now located, to the intersection with the North Boundary Line of said Section 15; thence run West, along said North Section Line, to the Point of Beginning. Lying in and comprising a part of the NW one -quarter of Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida. Lots 1 to 18, inclusive of Block 17, Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Lots 1 through 3, Block 32, Okeechobee, according to the Plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Lots 4 through 7, and Lot 12, Block 32, City of Okeechobee, according to the Plat thereof recorded in Plat Book 1, Page 22,the Plat thereof recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee County, Florida. Lots 1 and 2, Block 33 and Lots 1 through 6, inclusive, Block 34, Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County. 2007- Planning Board - Page 9 of 14 V. PUBLIC HEARING CONTINUED. C. Consider Rezoning Petition No. 07-001-R continued. Mr. Brisson presented the Planning Staff Report that recommended approval of Petition No. 07- 001-R. The proposed single family use and RSF-1 Zoning is consistent with the Comprehensive Plan policies and the Future Land Use Map designation for this property. Section 90-102(1) of the C ity's Land Development Code allows single family dwellings as a permitted use under the RSF-1 zoning. The proposed single family use and RSF-1 Zoning District will not have an adverse effect on the public interest. A single family dwelling would be appropriate for this location and compatible with the surrounding land uses and would not adversely affect property values or living conditions. The proposed use will not create a density pattern that would overburden public facilities. Traffic congestion, flooding or drainage will not be a problem for the site. By allowing the applicant to develop the property under the RSF-1 Zoning District, the applicant is not receiving any special privileges which are not granted to any other citizen un the same circumstances. Staff recommends approval of the request. Chairperson Ledferd asked whether the Board had any questions for the Planner? Board Member McCoy inquired about public utilities? Mr. Mason responded that water is available by the Okeechobee Utility Authority, and he has obtained a permit from the Health Department for septic tanks. Chairperson Ledferd asked whether there were comments from the public? There were none. Board Member Maxwell made a motion to recommend to City Council to approve Petition No. 07-001-R to change the zoning designation from Holding to Residential Single Family -One; seconded by Hoover. VOTE LEDFERD-YEA HOOVER -YEA KELLER-YEA BURROUGHS-YEA MAXWELL-YEA MCCOY-YEA .JOHNS - YEA MOTION CARRIED. Petition will be forwarded in ordinance form for a final Public Hearing on February 20, 2007 before City Council. POiNt OF CONNENCENENt 0R 9C ll/ PAGE f CORNER Nor 1 Nl 14TH STREETL,*5AIRPORT O1TCH o ^ m GG AT BOOK_— _ '84.,_32, E i 10 9 8 I \ SCALE 1'-130- i 17 18 19 2C 21 22 2324 2526 5 6 7 8 '- i 13TH.STREET CUA EASEMENT aeF 70 T -- AREA J 1. f 10 g B 6 5 4 3 2 1 5 4 3 2 \� VAC- !, 17 27 1 \y/ 448 46 2 \ -A 885 0 5. 92 \� 13, 005 ACRES TOtAL 17 1B 19 20 2 2, 2. 2 2 2 6 7 B 12TH STREET wms z ' N09'51'32'6 e _ O 1 8 L41 63 2 ! �_ 8 7 6 5 1 4 ! L 2 OR BK 450/ ',Hc \S3 w 1 1 31920 22 242526 9 1011�12�114'I15 151718 AREA- W11 TH STREET nu9'SA 72 E 591 B5 \fl :OR BK395�+ N F• ', OR BK 8� /171 A-381.G3 e•IYJ4'53' A•IIB,1g AREA - 1, 27 ACRES BK AR i 0 10 9 8 7 6 5 4 3 2 1 41 all C yt?:= �7 6 5 1421fb All g - ,2ylA 98 e_3A' 35- A8_AA•271.?1 a _ oNi9'5A' 2'E 3) .00 uj = I �3 1 \ 17118!191 20121i22 23j.24�25;26 1415ii6,i lu a�20 I121 22123124I25 26 �? 2 1 _ l -- 0' N89'54'32'E 137. 12 p':AS. 9B e`12'S1'35' A-101.80 LOTH STREET °R SK3e91°2e �-. 1e� — — 0 B1398 18A 1 Fli G' 9 8 7 6 5 4 3 2 1 3 2 1 a AREA : IR AC. 7' 14 1 1 1 1 J, 191 20 21 22 2 24 5 26 TA2 70 RBF - Rebar Found PBS - Rebar W/Cap Set - 0 1PF - Iron Plpe Found CMF - Concrete Monument Found PRM - Permanent Reference Monument (P) - As per the plat of (Fl - Fleld Measurement (DI - As per the deed (C) - Calculatlon NOTES, 1. Basis bearing 2. Bearings ASSUMED 3, Not valid without the slgnature and the origlnal ralsed seal of a Florlda licensed surveyor and mapper, 4. Descrlptlon as per owner CERTIFIED TO: W I LL I AM MASON DESCRIPTION: ALL THAT PORTION OF THE FOLLOWING DESCRIBED LAND LESS AND EXCEPTED THE RIGHT -OF WAY OF NORTHEAST 9TH STREET: BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH BOUNDARY LINE OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, SAID POINT BEING DUE NORTH OF THE NORTHEAST CORNER OF BLOCK 1, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. L UC I E COUNTY, FLORIDA, NOW RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORID,, RUN THENCE SOUTH TO THE NORTHEAST CORNER OF SAID BLOCK 1; THENCE RUN SOUTHERLY, ALONG THE EASTERN BOUNDARY AND THE SOUTHERLY PROJECTION THEREOF, OF BLOCKS 1, 16, 17, 32,.33, 34, AND 51 OF SAID PLAT OF OKEECHOBEE, TO THE INTERSECTION WITH THE NORTH LINE OF THE SEABOARD AIRLINE RAILROAD R I GHT-OF-WAY; THENCE RUN EAST, ALONG .THE NORTH .LINE" OF THE SEABOARD A I RL I NE RAILROAD R I GHT-OF-WAY, TO THE WESTERN SHORE L I NE OF THE ONOSOHA TCHEE R I VER OR TA YL OR OPEEK, AS NOW LOCATED; THENCE RUN NORTHERLY, MEANDERING ALONG SAID WESTERN SHORE LINE OF SAID CREEK, AS NOW LOCATED, TO THE INTERSECTION WITH THE NORTH BOUNDARY LINE OF SAID SECTION 15; THENCE RUN WEST, ALONG SAID NORTH SECTION LINE, TO THE POINT OF BEGINNING, LYING IN AND ,COMPRISING A PART OF THE NW1 /4 OF SECTION 15; TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLOPIDA. } LOTS I TO 18, INCLUSIVE -OF BUCK 1,7; OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LOTS 1, 2 AND 3, BLOCK 32, OKEECHOBEE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, LOTS 1, 2 AND 3, BLOCK 32, OKEECHOBEE;, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, LOTS 1, 2 AND 3, BLOCK 32, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LOTS 4 AND 5, BLOCK 32, C I T-Y"OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 22, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LOTS 6 AND 7, BLOCK 32, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 22, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, LOT 12 BLOCK 32 , CITY OF OKEECHOBEE LOT 13, BLOCK 32, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LOT 26, OF BLOCK 32, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A COPY OF SAID PLAT BEING ALSO RECORDED /N PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND ALSO RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, LOTS i AND 2 IN BLOCK 33 AND LOTS 1 THROUGH 6, INCLUSIVE, IN BLOCK 34, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY,' FL OR I DA, CERTIFICATE OF SURVEY I HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOWN HEREON WAS PREPAREO UNDER MY DIRECTION AND' S., V ION. �ELAND``OYALS,; RL,�s:277. 000 LOCATION: L-00, B-00, SUBDIVISION SE-TP-AG CS'OMPUTED, SURVEY FOR: DATE: li/02/06 1IZ A 11. EXHIBIT NO. FEB 6 - f REA0 EXHIBIT NO. FEB 20 - FINAL ORDINANCE NO. 975 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 MULTIPLE, MILY (RMF) ZONI G �' DISTRICT TO HEAVY COMMERCIAL ENDING THE ZONXG -� 4 �� 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, Ms. Glenda Bellamy and Ms. Renee Ellerbee, property owner(s), of the property more particularly described hereafter, has heretofore filed Petition No. 07- 002-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.54 acre(s) from Residential Multiple Family (RMF) Zoning District to Commercial Professional Office (CPO) 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 January 18, 2007, 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: LOT 1, BLOCK 185, TOWN OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA (FORMERLY ST. LUCIE COUNTY); TOGETHER WITH THAT PART OF ABANDONED NORTH CURVE STREET AND FLORIDA EAST COAST RAILROAD RIGHT-OF-WAY DESCRIBED AS FOLLOWS: FROM THE SOUTHWEST CORNER OF LOT 7, BLOCK 185, TOWN OF OKECHOBEE, RUN EAST ALONG SOUTH BOUNDARY LINE OF LOT 7, TO THE SOUTHEAST CORNER OF SAID LOT 7 FOR POINT OF BEGINNING; THENCE EAST ON EXTENDED LINE TO THE INTERSECTION WITH THE WEST BOUNDARY LINE OF KISSIMMEE STREET; THENCE NORTH ALONG SAID Page 1 of 2 WEST LINE OF KISSIMMEE STREET TO INTERSECTION WITH THE NORTH LINE OF NORTH CURVE STREET; THENCE SOUTHWESTERLY ALONG THE NORTH BOUNDARY LINE OF SAID NORTH CURVE STREET TO THE POINT OF BEGINNING; LESS THE FOLLOWING: FROM THE NORTHWEST CORNER OF LOT 6 BLOCK 185, TOWN OF OKEECHOBEE, RUN THENCE EAST ALONG THE NORTH LINE OF SAID LOT 6, A DISTANCE OF 150 FEET FOR THE POINT OF BEGINNING; THENCE RUN SOUTH ON A LINE PARALLEL TO WESTERN BOUNDARY OF SAID LOT 6 A DISTANCE OF 100 FEET; THENCE RUN EAST ON A LINE PARALLEL TO THE NORTHERN BOUNDARY OF SAID LOT 6 TO THE WEST BOUNDARY OF KISSIMMEE STREET; THENCE NORTH ALONG SAID WEST LINE OF KISSIMMEE STREET A DISTANCE OF 100 FEET; THENCE RUN WEST TO THE POINT OF BEGINNING; AND LOT 2, BLOCK 185, AND THE NORTH ONE-HALF (N 1/2) OF ABANDONED ALLEYWAY LYING ADJACENT TO SAID LOT 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Multiple Family (RMF) to Commercial Professional Office (CPO) 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 61h day of Februarv, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 20" day of February, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: James E. Kirk, Mayor John R. Cook, City Attorney Page 2 of 2 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 Tr •n Date: Fee Paid: Petition No. '00 a - Jurisdiction: 1st Hearin g: 2nd Hearing: l-0,7.r , Publication Dates: Notices Mailed: vu,ivrut Lana use Appiication Rezone • Special Exception • Variance Name of property owner(s): Glenda Bellamy and Renee Ellerbee A Owner mailing address: 2106 S . Parrott Avenue, Okeechobee, FL 34974 P P Name of applicant(s) if other than owner (state relationship): L I Applicant mailing address: C A Name of contact person (state relationship): Renee Ellerbee, owner N T Contact person daytime hone(s): 863-357-0255 Fax: 863-357-3955 ✓ Property address / directions to property: ree eec o ee, See Attached E h i b it "A" Indicate current use of property: Single Family PesS,ctror i ovNntgnts on pAopmx . inchudip umb�r/Pie of dwellings and whether occu edd (if no a so t y oo rame o e wzt c ere rport, Property occuplled t-L I��)31/06 Approximate number of acres. • 54 acres Is property in a platted subdivision? yes P R Is there a current or recent use of the property that is/was a violation of county ordi No nance? if so_ describe 0 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: No R Is a sale subject to this application being granted? No T y is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Yes Describe adjoining land uses / improvements to the North: Commercial, %Single Family, RMF / South: Mixed East: Commerical Mixed West: Existing zoning: RMF Future Land Use classification: Single Family Actions Requested: (X) Rezone Special Exception L_j Variance Parcel Identification Number: 3-15-37-35-0010-01850-0010 & 3-15-37-35-0010-0185-0020 ✓ Confirmation of Information Accuracy I hereby certify that the information in this a ' ation is correct. The information included in this application is for use by the City of Ok e ' roces que aise or misleading information may be punishable by a fine of up to $500. d e da d may result in the summary denial of this application.. ---Renee Ellerbee Printed Name Uniform Land Use Application (rev. 1/03) Dec. 19, 2006 Date Page 1 of 2 Current zoning classification: RMF Requested zoning classification: Heavy Commerical R What is your desired permitted use under the proposed classification: E Professional Office Z O N If granted, will the new zone be contiguous with a like zone? E Yes I a Special Exception necessary for your intended use? NO Variance? NO 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 if business. brieflv describe nature including number of employees_ hours_ noise generation and activities to be O h conducted outside of a building Describe Variance sought: V A R Describe physical characteristic of property that makes variance necessary: I A N C Did you cause or contribute to the characteristic? Is so, describe: E What is the minimum variance necessary? Uniform Land Use Application (rev. 1/03) Page 2 of 2 ill Lot 1, Block 185, TOWN OF OKEECHOBEE, according to the Plat thereof recorded in Plat Book 2, Page 17, of the Public Records of Okeechobee County, Florida (formerly St. Lucie County); together with that part of abandoned North Curve Street and Florida East Coast Railroad right of way described as follows: From the Southwest corner of Lot 7, Block 185, TOWN OF OKEECHOBEE, run East along South boundary line of Lot 7, to the Southeast corner of said Lot 7 for POINT OF BEGINNING; thence east on extended line to the intersection with the West boundary line of Kissimmee Street; thence North along said West line of Kissimmee Street to intersection with the North line of North Curve Street; thence Southwesterly along the North boundary line of said North Curve Street to the POINT OF BEGINNING; Less the following: From the Northwest corner of Lot 6, Block 185, Town of Okeechobee, run thence East along the North line of said Lot 6, a distance of 150 feet for the Point of Beginning; thence run South on aline Parallel to Western boundary of said Lot 6 a distance of 100 feet; thence run East on a line parallel to the Northern Boundary of said Lot 6 to the West boundary of Kissimmee Street; thence North along said West line of Kissimmee Street a distance of 100 feet; thence run West to the POINT OF BEGINNING; AND Lot 2, Block 185, and the North One -Half (N1/2) of abandoned Alleyway lying adjacent to said Lot 2, CITY OF OKEECHOBEE, according to the Plat thereof recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee County, Florida. Closers' Choice EXHIBIT `B" Directions From intersection of highway 70 and 441, head South on 441 to SW 4d' Street (road just past U-Save and just before Norton Dry Cleaners) make a right (West) on SW 4d' Street go down 1 block, property is on SW corner of SW 0 Street and SW 2nd Avenue. STATEMENT OUTLINING REQUEST RE 203 SW 4`h Street, Okeechobee, FL.34974 To Whom It May Concern: We, wish to have the future land Use designation changed from Single Family to Heavy Commercial in order to open a Professional Office. At the present time the property is zoned as RMF with the future land use as Single Family. At the same time that we are making application for the future land Use change we are also making application for the rezoning of the subject property. - - E�rrrr®rrrr®r Prepared by; Record and Return to: FILE HUM 200fa020777 Wendy Bostwick OR SK 00618 PG 1981 Big Lake Title Company, Inc SHARON RDBERTSON► CLERK OF CIRCUIT COURT 2106 South Parrott Avenue OKEECHWEE COUNTY► FL Okeechobee, Florida 34974 RECORDED 12/19/20D6 11:25:09 Art File Number 3150 RECORDING FEES 10.00 DEED DOC Ip2M.00 Warranty Deed RECORDED Parrish Ps 19819 (1pa (ivs) Made this December 19, 2006 A.D. , By Christine E. Campbell, an unmarried person, whose address is: 203 SW 4th Street, Okeechobee, FL 34974, hereinafter called the grantor, to Glenda Bellamy and Renee Ellerbee, as joint tenants with full rights of survivorship, whose address is: 203 SW 4th Street, Okeechobee, FL 34974, hereinafter called the grantee: (whenever used herein the term'g rantoe and 'grsnteo' include as the parties to this iostrum®t and the heirs, legal representatives and asstgas of individuals, and the mrecaaors and assigns of corporations) _ Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Okeechobee County, Florida, viz Lot 1, Block 185, TOWN OF OKEECHOBEE, according to the Plat thereof recorded in Plat Book 2, Page 17, of the Public Records of Okeechobee County, Florida (formerly St- Lucie County); together with that part of abandoned North Curve Street and Florida East Coast Railroad right of way described as follows: From the Southwest comer of Lot 7, Block 185, TOWN OF OKEECHOBEE, run East along South boundary line of Lot 7, to the Southeast comer of said Lot 7 for POINT OF BEGINNING; thence east on extended line to the intersection with the West boundary line of Kissimmee Street; thence North along said West line of Kissimmee Street to intersection with the North line of North Gyve Sheet; thence Southwesterly along the North boundary lime of said North Curve Street to the POINT OF BEGINNING; Less the Ibllowmg; From the Northwest comer of Lot 6, Block 185, Town of Okeechobee, run thence East along the North line of said Lot 6, a distance of 150 feet for the Point of Beginning; thence run South on a line Parallel to Western boundary of said Lot 6 a distance of 100 feet; thence run East on a line parallel to the Northam Boundary of said Lot 6 to the West boundary of Kissimmee Street; thence North along said West line of Kissimmee Street a distance of 100 feet; thence run West to the POINT OF BEGINNING; AND Lot 2, Block 185, and the North One -Half (NI/2) of abandoned Alleyway lying adjacent to said Lot 2, CITY OF OKEECHOBEF, according to the Plan thereof recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee County, Florida - Parcel ID Number. 3-15-37-35-0010-01850-0010 and 3-15-37-35-0010-01850-0020 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywisc 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 fidly warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances except taxes accruing subsequent to December 3I, 2006. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this who is/are personally known to me or who has produced _ DEED Individual W arrsnty Deed - Legd on Face Closers Choice k - l ?�i� (Seal) Christine E- Campbell Address: 203 SW 4th Street, Okeechobee, FL 34974 2006, by Christine E. Campbell, an unmarried person, as identification_ /7 _ / My Commission (SEAL) ConvniWon # DDSD1433 Expires October 14, 2010 Hear nee fw b.oea e� aoarswn Book618/Page1981 CFN#2006020777 Paae 1 of 1 - 0 15 30 SCALE IN FEET MAP SCALE 1 INCH = 30 FEET BOUNDARY SURVEY PREPARED FOR RENEE ELLERE Y & GLENDA BELLAMY LOT 5 I I — DHV DHW DHW — P.O.C. (ORB 153. PG 505) (LESS PARCEL) N.W. CORNER OF LOT 6, BLOCK 185 LOT 4 1 LOT 3 WN OI Qa ui r� 15' ALLEY - DHW DHW DHW DHW EAST 150.00'(D) N 89'59'49- E(C) } P.O.B. S.W. 4TH_ STREET FIFTHAVENUE(P) } 1D0 R/W GRASS MEDIAN 0 ci N.E. CORNER OF I BLOCK 185 SET MAC NAIL & EDCE OF ASPHALT DISK "KAB LS 4820" CPP GRASS CONCRETE SIDEWALK S 9'07" W 49.98'(C) 50'(P) J 101^ S 89'59'07" W 99.96' -- U SET MAG NAIL & '- - DISK "KAB LS 4820' CONCRETE 20.5' — 47.1' — —� STEPS o o � '6 2.0' '6 SLY. LINE OF 2.0 LOT 1 BLOCK 185 LOT 1 OLD N p o i d SEPTIC TANK SEPTIC TANK ¢ O M O If) ro 5.1' 2.9' U v CONCRETE 1. N v po _ LOT 2 3 29.6' — — as.9' — — - 0 0 0 0 GRAVEL DRIVEWAY / z WPP I\ GYA OOR�wAr �E( 0 TOTAL PARCEL Ln CONTAINS t0.54 ACRES CONCRETE N. LINE OF NORTH O CURVE STREET y[. ABANDONED NORTH CURVE FOUND 1' IRON STREET & FLORIDA EAST PIPE IN I.D. COAST RAILROAD PARCEL 0.3' S & 0.3 E � L-5 I J N 89 59'49' N 89'59'49" E E 99.99' 107.55' _- L-1 SET 5/8" IRON ROD & CAP "KAB LS 4820" UTS N 89"59'49" E 119.71' WEST(D) N 89'S9'49" E 150.00'(C) -- _ (ORB(LESS PARCEL) LOT 6�� E'LY. LINE OF LOT 6 BLOCK 185(P) o r. v U 03 o� vo `p1 _ o N.E. CORNER OF SET 5/8" IRON ROD & CAP 'KAB LS 4820" LOT 6, BLOCK 185(P) SET 5/8" IRON ROD & CAP 'KAB LS 4820" L-1: N 89'59'49" E 36.36' L-2: S 39'01'12" W 9.65' L-3: N 39'01'12" E 12.00' L-4: N 00'00'11" W 9.33' L-5: N 89'59'49 E 42.44' FOUND BOAT SPIKE (NO I.D.) DHW DHW — WPP (ABANDONED) TELEPHONE BOX 6 U IL W 1� z j w Q W N CO � rn In Y U tO o 'D o mx O =13 z Q O 0 0 z 0 z WATER METER DHW DHW WPP a x a 3 a (ORB 153. PG 505) S.W. CORNER OF LOT 7. BLOCK 185 EAST (D; (ORB 153. PC 505) S.E. CORNER OF ..50.74'(C) LOT 7, BLOCK 185 -N '8959'49" E(C) ., ` EAST(D) N 89'59'49" E 150.04'(C) N 89'59'49" E 99.30'(C) EAST (D) N 89'59'49" E 2DO.79'(C) O 3 Z x DESCRIP TON. - LOT 2, BLOCK 185, AND THE NORTH ONE—HALF (N1/2) OF ABANDONED ALLEY LYING ADJACENT TO SAID LOT 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND (OFFICIAL RECORDS BOOK 153, PAGE'S 505 & 506) "LOT 1, BLOCK 185, TOWN OF OKEECHOBEE, ACCORDING TO THE PLA T THEREOF RECORDED IN PLA T BOOK 2, PAGE 17, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, TOGETHER WITH THAT PART OF ABANDONED NORTH CURVE STREET AND FLORIDA EAST COAST RAILROAD RIGHT OF WA Y DESCRIBED AS FOLLOWS: FROM THE SOUTHWEST CORNER OF LOT 7, BLOCK 185, TOWN OF OKEECHOBEE, RUN EAST ALONG SOUTH BOUNDARY LINE OF LOT 7, TO THE SOUTHEAST CORNER OF SAID LOT 7 FOR POINT OF BEGINNING; THENCE EAST ON EXTENDED LINE TO THE INTr=RSECRON WITH THE WEST BOUNDARY LINE OF KISSIMMEE STREET; THENCE NORTH ALONG SAID WEST LINE OF KISSIMMEE STREET TO I10FRSEC7701V WITH THE NORTH LINE OF NORTH CURIE STREET; THENCE SOUTHWESTERL Y ALONG THE NORTH BOUNDARY LINE OF SAID NORTH CURIE STREET TO THE POINT OF BEGINNING; LESS THE FOLLOWING.- FROM THE NORTHWEST CORNER OF LOT 6, BLOCK 185, TOWN OF OKEECHOBEE, RUN THENCE EAST ALONG THE NORTH LINE OF SAID LOT 6 A DISTANCE OF 150 FEET FOR THE POINT OF BEGINNING, THENCE RUN SOUTH ON A LINE PARALLEL TO WES7FRN BOUNDARY OF SAID LOT 6 A DISTANCE OF 100 FEET,• THENCE RUN EAST ON A LINE PARALLEL TO THE NORTHERN BOUNDARY OF SAID LOT 6, TO 7HE WEST BOUNDARY OF KISSIMMEE STREET; THENCE NORTH ALONG SAID WEST LINE OF KISSIMMEE STREET A DISTANCE OF 100 FEET, THENCE RUN WEST TO THE POINT OF BEGINNING. PROJECT SPECIFIC NO TES: 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE CALCULA 7ED(C) AND MEASURED(M). 2) SI7F ADDRESS- 203 S.W. 47H STREET. 3) PARCEL ID. • 3-15-37-35-0010-01850-0010 & 0020. 4) F.I.R.M. ZONE ZONE UNDE7FRMINED, PARCEL LIES W/THIN THE OKEECHOBEE CITY LIMITS 5) THIS SURREY IS NOT INTENDED TO DEPICT ✓URISDIC770NAL AREAS OR OTHER AREAS OF LOC41 CONCERN. 6) THE SURREY DEPIC7FD HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADD1770AIS OR DELE77ONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PAR77ES IS PROHIB17FD W/7110UT WRITTEN CONSENT OF THE SIGNING PARTY OR PAR RES. 7) DA 7F OF LAST FIELD SURVEY.• 11/20106. PROJECT SPECIFIC LEGEND: UTS = 7FLEPHONE PEDESTAL CPP = CONCRE7F POWER POLE WPP = WOOD POWER POLE L S w FOUND BOAT SPIKE (NO I.D.) 6TH STREET (n � 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 O n = 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. D M 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 Z F_ M Mappers (Chapter 61G17-6, F.A.C.) pursuant to Section 472.027, Florida Statutes. O ' ' PREPARED FOR THE EXCLUSIVE USE OF: z TRADEWINDS PROFESSIONAL SERVICES, INC. (D SeltIron Rod and Cap TWPS 6719 ■—Found CM � RENEE ELLERBY I FIRST AMERICAN TITLE INSURANCE CO. tv GLENDA BELLAMY BIG LAKE TITLE COMPANY, INC. SURVEYORS AND MAPPERS *—Found Iron Rod (and Cap) O —Found Pipe (and Cap) O SEACOAST NATIONAL BANK ABBREVIATIONS 200 S.W. "--d Avenue k=Boseline; BM=Benchmark; �=Centerline; C=Calculated; CATV=Cable TV; CM= N EscRIPnoN REFERENCE: DESCRIPTION DWG. DATE BY CK {, Concrete Monument; CONC=Concrete; D=Deed; O=Delta or Central Angle; E=East; vPROVIDED BY CLIENT OR CUENVS REPRESENTATIVE Okeechobee, l' L 314974 E'LY=Easterly, E/P=Edge of Pavement; ESMT=Easement; F.I.R.M.=Flood Insurance CA BOUNDARY SURVEY 11 21 06 WC KAB O Rate Map FND=Found; IP=Iron Pip IR& C _Iron Rod (and ID Cap); L=(Arc) Lengt h; OO Tel- (86)) 763-2867 M=Measured; MH=Manhole; N=North; N'LY=Northerly, NGV(D)=National Geodetic y �9 Vertical (Datum) of 1929; NTS=Not to Scale; OHW=Overhead Wires; R=Property FARING REFERENCE ) r Line; P=Plat; PC=Point of Curvature; PCC=Point of Compound Curvature; PCP= E CENTERLINE OF S.W. 2ND AVENUE IS TAKEN ! Permanent Control Point; POB=Point of Beginning; POC=Point of Commencement; o /l ///JJ] PRC=Point of Reverse Curvature; PRM=Permanent Reference Monument; PT=Point 0 BEAR NORTH 00.01'08' WEST "✓j �.--' ,/ FB/PG: 197/39-41, 202/72 SCALE: 1" = 3O —1-1� (// of Tangency, PU&D=Public Uiilitiy and Drainage; R=Radius; R/W=Right—of—Way, Kenneth A. Breaux, Jr.(PSM 4820) S=South; S'LY=Southerly. T=Tangent;, TEL—Telephone Splice or Switch Box; W=West; FILE: 20527 JOB NO: 20527 Certifi of Authorization No. LB 6719 W'LY=Westerly, UTIL=UtilitXies); —Spot Elevation based on indicated Datum. OF ' Ok��C t� y0 m m O o S 19t5 d "'Cityof Okeechobee November 13, 2006 Centennial Builders of Lee County PO Box 3648 North Fort Myers, Florida 33918 Re: Building Permit Number 420-06-07 Please be advised, Building Permit Number 420-06-07 is being voided due to incorrect information on the application. This permit was issued for the Industrial Zoning District, when in actuality it is in the Central Business District. The Central Business District does not allow for Off -site signs (billboards). We will be issuing a refund for the cost of the permit. Please reference Sec_ 70-303 of the City of Okeechobee, Florida, Code of Ordinances. We sincerely apologize for any inconvenience this may cause. Sincerely; Thomas Forbes Building Official Enclosure cc: Brian Whitehall, City Administrator John Cook, City Attorney Betty J. Clement. General Services Coordinator TF/bj e 55 S.E. Third Avenue - Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning@att.net Applicant: Glenda Bellamy & Renee Ellerbee — Big Lake Title From: RMF To: CHV Petition No. 07-002-R Staff Report Applicant: Glenda Bellamy and Renee Ellerbee Rezoning Request Petition No. 07-002-R General Information Applicant Address: 2106 S. Parrott Avenue t ' Okeechobee, FL 34974 Applicant Phone Number: 863-357-0255 1pp0a%tac libex _r 8'63 357-3 - _., s Legal Description: Lot 1, Block 185, TOWN OF OKEECHOBEE, according to the Plat thereof recorded in Plat Book 2. Page 17, of the Public Records of Okeechobee County, Florida (formerly St. Lucie County); together with that part of abandoned North Curve Street and Florida East coast Railroad right of way described as follows: From the Southwest corner of Lot 7, Block 185, TOWN OF OKEECHOBEE, run East along South boundary line of Lot 7, to the Southeast corner of said Lot 7 for POINT OF BEGINNING; thence east on extended line to the intersection with the West boundary line of Kissimmee Street; thence North along said West line of Kissimmee Street to intersection with the North line of North Curve Street; thence Southwesterly along the North boundary line of said North Curve Street to the POINT OF BEGINNING; Less the following: From the Northwest corner of Lot 6, Block 185, Town of Okeechobee, run thence East along the North line of said Lot 6, a distance of 150 feet for the Point of Beginning; thence run South on a line Parallel to Western boundary of said Lot 6 a distance of 100 feet; thence run East on a line parallel to the Northern Boundary of said Lot 6 to the West boundary of Kissimmee Street; thence North along said West line of Kissimmee Street a distance of 100 feet; thence run West to the POINT OF BEGINNING; AND Lot 2, Block 185, and the North One -Half (N1/2) of abandoned Alleyway lying adjacent to said Lot 2, CITY OF OKEECHOBEE, according to the Plat thereof recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee County, Florida. I Request: The applicant is requesting that the zoning for the subject property be changed from RMF to CHV to allow the property to be used as a professional office. 1 Staff Report Rezoning Request Applicant: Glenda Bellamy and Renee Ellerbee Petition No. 07-002-R South: Future Land Use Map Classification: Single Family Zoning District: RMF Existing Land Use: Single Family Vest: Future Land Use Map Classification: Single Family Zoning District: RMF Existing Land Use: Single Family The subject property contains a residential structure. Additionally, the applicant is requesting to amend the Future Land Use Map from Single -Family to Commercial to allow the proposed office on the property. The surrounding block of the subject parcel is a single-family neighborhood and a commercial office would be out of place. There is adequate commercial nearby and it is not necessary to further encroach into this residential area. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. After examining the Future Land Use Element, the subject property would seem more consistent with the Comprehensive Plan policies by remaining in the Single - Family Future Land Use category. The intent of the Future Land Use Element and Future Land Use Map is to manage future growth. In implementing the Plan, the City has to ensure that its land development regulations protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. (See Policy 2.2) 4 Staff Report Rezoning Request Applicant: Glenda Bellamy and Renee Ellerbee Petition No. 07-002-R In addition, Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. The subject property is within the Single -Family Future Land Use category and the RMF Zoning District and is already developed with a single-family residence. The surrounding properties are also consistent and allowing this use would be contrary to the Comprehensive Plan policies. 2. The proposed use being applied for is specifically authorized under the Zoning district in the Land Development Regulations. Section 90-282(1) permits professional office, business office, and medical offices in the CHV Zoning District. 3. The proposed use will not have an adverse effect on the public interest. It has not been demonstrated that the proposed use would avoid an adverse effect on the public interest especially increased traffic generation in a residential neighborhood. 4. The use is appropriate for the location proposed. is reasonably compatible �crith adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The use is not appropriate for this location. Furthermore, any future commercial use in this area could have a detrimental impact on the neighboring residential homes by allowing commercial traffic generation and other impacts related to operating a commercial venture. Such impacts may be incompatible with and difficult to buffer from adjacent uses. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. Permitted uses such as those allowed in the CHV Zoning district could affect or have the appearance of affecting property values in the residential neighborhood. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood If granted, the use may be required to be buffered from the residential neighborhood. Staff Report Rezoning Request Applicant: Glenda Bellamy and Renee Ellerbee Petition No. 07-002-R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed use and CHV Zoning will not overburden public facilities such as schools and utilities services. Traffic, however, would be increased. S. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The subject property will increase traffic as a result of future commercial use. If approved, a site plan will be required to show drainage on the site. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the proposed use has not been inordinately burdened by unnecessary restrictions. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change could be interpreted as a special favor to an individual owner. Summary and Conclusions Prior to Certification The proposed zoning and use appears to be inconsistent with the Comprehensive Plan. The change from the Single Family to Commercial would create an incompatible use with the surrounding neighborhood. As stated earlier, the existing Future Land Use category, the existing Zoning and the existing use are all more compatible with the immediate surrounding area. The City must encourage compatibility with adjacent uses, and curtailment of uses that are inconsistent with the character and land uses of surrounding areas as well as discourage urban sprawl. Recommendation Staff recommends denial of the request to allow rezoning from RMF to CHV permitting the applicant to convert a single family residence to a professional office. Submitted by: James G. LaRue, AICP Planning Consultant January 7, 2007 11 2007- Plannin¢ Board - Paee 10 of 14 V. PUBLIC HEARING CONTINUED. D. Consider Rezoning Petition No. 07-002-R. Glenda Bellamy and Renee Ellerbee are the property owners. The application is to change the zoning designation from Residential Multiple Family (RMF) to Heavy Commercial (CHV) for property located at 203 Southwest 4' Street - Planning Consultant. Consider Rezoning Petition No. 07-002-R, submitted by property owners, Glenda Bellamy and Renee Ellerbee, The request is to change the zoning designation from Residential Multiple Family (RMF) to Heavy Commercial (CHV) for property located at 203 Southwest 4' Street. Legal description: Lots i and 2 of Block 185 City of Okeechobee Subdivision. Mr. Brisson presented the Planning Staff Report that recommended denial for Petition No. 07-002- R. However since the Board recommended the companion Application No. 07-002-SSA land use change a zoning change would be appropriate. However, Heavy Commercial is not an appropriate transition. A lighter zoning would be better, such as Light Commercial or Commercial' Professional Office. Chairperson Ledferd asked the applicant, whether Commercial Professional Office zoning would be agreeable with her? Mrs. Ellerbee replied yes. Chairperson Ledferd inquired whether there were any comments from the public. There were none. Board Member Burroughs moved to recommend approval of Rezoning Petition No. 07-002-R from Residential Multiple Family to Commercial Professional Office to the City Council; seconded by Board member McCoy. VOTE LEDFERD-YEA HOOVER -NAY KELLER-YEA BURROUGHS-YEA MAXWELL-YEA MCCOY-YEA JOHNS -YEA MOTION CARRIED. Petition will be forwarded in ordinance form for a final Public Hearing on February 20, 2007 before City Council. CLOSE PUBLIC HEARING - Chairperson. 111 CHAIRPERSON LEDFERD CLOSED THE PUBLIC HEARING AT 8:03 P.M. EXHIBIT NO. FEB 6 - r REAV EXHIBIT NO. FEB 20 - FINAL ORDINANCE NO. 976 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING SECTION 90-343 OF THE LAND DEVELOPMENT REGULATIONS; CREATING PARAGRAPH ELEVEN THEREIN PROVIDING FOR SPECIAL EXCEPTION USES IN INDUSTRIAL ZONING CATEGORIES FOR A REHABILITATION FACILITY, OR HALF -WAY HOUSE FOR SEXUAL OFFENDERS; PROVIDING FOR STANDARDS AND RESTRICTIONS TO ESTABLISH SUCH FACILITIES; PROVIDING FOR CONFLICTS, SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee adopted Ordinance No. 967 which created certain standards and restrictions for sexual offenders residing within the City of Okeechobee, and WHEREAS, such ordinance provides for certain exceptions to residential restrictions for Rehabilitation Facilities or Half -Way Homes for Sexual Offenders under the Heavy Commercial or Industrial Zoning categories; and WHEREAS, the City of Okeechobee had no such exceptions in any zoning category in the City, and the creation of such exceptions requires amendment to special exception uses in the City Land Development Regulations; and WHEREAS, it is in the best interests of the City of Okeechobee to place restrictions on the placement, design, distance, number of occupants, and other pertinent standards for any such Rehabilitation Facility. NOW, THEREFORE, it is resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. THAT Ordinance No. 967 previously adopted is amended to reflect the adoption of a Special Exception for Rehabilitation Facilities or Half -Way Homes for treatment of Sexual Offenders, to be included in the Land Development Regulations at Section 90-343(11), as follows: Section 90-343 Special Exception Uses. 11 Rehabilitation or Half -Way Homes. That as provided in Ordinance No. 967, and included in Section 38-43, Rehabilitation Facilities or Half -Way Homes for treatment and rehabilitation of Sexual Offenders shall be a Special Exception use in Industrial Zoning Categories subject to the following restrictions. That any such facility shall be subject to all State Laws pertinent to such facilities under the Laws of Florida. Lc I That such facility shall at no time house in excess of six (6) Sexual Offenders excluding employees and staff of the facility. Page 1 of 2 LM That such facility shall be licensed by the State of Florida and be staffed by professional and licensed mental health care providers and provide an organized course of treatment and rehabilitation recognized by the State of Florida do the standard of care recognized by the professions of psychology or psychiatry. U That such facile shall not be located within feet of school, public or private; a child care facility, church public park or a Zoning District of RSF-1; RSF-2; RMF. fD That Sexual Offender is defined as any person convicted under the laws of the State of Florida or similar statutes of any other state country or province, for an offense recognized as a sexual offense reaardless of dearee of offense or whether adiudication of guilt was withheld by the court. SECTION 2. That this Ordinance shall become effective upon adoption. INTRODUCED for first reading and set for final public hearing this 6 th day of February, 2007. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 20th day of February, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Language underlined is to be added. Language striekem is to be deleted. Page 2 of 2 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 City of Okeechobee From: James Q LaRue, AICP Date: February 1, 2007 Subject: Sexual Predator Ordinance No. 976 In reference to the proposed Ordinance that will be discussed on February 6, 2007, I recommend that the 1500' distance requirement from different uses should be lessened to a 1000' distance, and that adult entertainment facilities should be added to the list of those uses that should be distanced from Sexual Offender Rehabilitation or Half -way Houses. From a planning perspective, this type of facility (Half -way House for sexual offenders) is consistent with the City's Comprehensive Plan and Industrial Future Land Use Category based on this use being a treatment facility rather than a principle residential use. JGL:vr cc: Lane Gamiotea, City Clerk John Cook, City Attorney Bill Brisson, LaRue Planning January 18, 2007- PBBOA - Page 12 of 15 VI. NEW BUSINESS CONTINUED. A. B. Consider recommendation to amend Billboard Policy continued. Board Member McCoy moved to authorize Attorney Cook to completely re -write the sign ordinance Chapter 90 Article IV Division 5 and recommend approval to the City Council; seconded by Board Member Burroughs. VOTE LEDFERD - YEA HOOVER - YEA KELLER - YEA BURROUGHS - YEA MAXWELL - YEA MCCOY - YEA JOHNS - YEA MOTION CARRIED. Consider Recommendation to create Special Exception to Sexual Predator Attorney Cook advised that the City Council recently adopted an ordinance that restricts the Ordinance - City Attorney. residence of convicted sexual offenders. The ordinance requires that certain areas of the zoning districts be amended in order to allow specific permitted uses and special exceptions uses for the types of housing and half -way housing for these types of offenders. Distributed just prior to the meeting was a draft ordinance that amended Section 90-343 Industrial Zoning district. Special Exception Uses adding the following language: (1 1) Rehabilitation or half -way homes. (a) That as provided in Ordinance No. 967, and included in Section 38-43, rehabilitation facilities or half- way homes for treatment and rehabilitation of sexual offenders shall be a special exception use in industrial zoning categories, subject to the following restrictions. (b) That any such facility shall be subject to all state laws pertinent to such facilities under the Laws of Florida. (c) That such facility shall at no time house in excess of six (6) sexual offenders, excluding employees and staff of the facility. (d) That such facility shall be licensed by the State of Florida and be staffed by professional and licensed mental health care providers, and provide an organized course of treatment and rehabilitation recognized by the State of Florida and the standard of care recognized by the professions of psychology or psychiatry. (e) That such facility shall not be located within 1500 feet of school, public or private; a child care facility, church, public park, or a zoning district of RSF-1; RSF-2; RMH; RMF. (f) That sexual offender is defined as any person convicted under the laws of the State of Florida or similar statutes of any other state, country or province, for an offense recognized as a sexual offense, regardless of degree of offense or whether adjudication of guilt was withheld by the court. Board Member Maxwell moved to recommend approval to City Council the above amendment to Sec. 90-343 (11) Special Exception use category under the Industrial Zoning to allow the treatment and rehabilitation facilities or halfway houses; seconded by Board Member Hoover. January 18, 2007- PBBOA - Page 13 of 15 VI. NEW BUSINESS CONTINUED. B. Consider Recommendation to create Special Exception to Sexual Predator Ordinance continued. C. Administrative Appeal - Steven A. Ramunni. III. MINUTES CONTINUED. A. Discussion of October 19, 2006 minutes. VOTE LEDFERD-YEA HOOVER -YEA KELLER-YEA BURROUGHS - YEA MAXWELL - YEA MCCOY - YEA JOHNS - YEA MOTION CARRIED. The Administrative Appeal regarding Building Permit No. 420-06-07 issued in error for improper zoning district was deferred until the February 15, 2007 meeting. Minutes discussion for the October 19, 2006 Regular meeting moved to end of meeting. Clerk Gamiotea addressed the Board by thanking them for the good job they do. The motion in question was to recommend to City Council for approval of Comprehensive plan map Amendment Petition No. 06-012-SSA. There has been some confusion as to whom was and was not a voting member during this item due to Mr. Maxwell arriving late and Mr. O'Connor being put in the voting' members position. The first item necessary will be a motion to rescind the previous action taken at the December meeting to approve the October minutes. Board Member Burroughs made a motion to rescind the action taken at the December 21, 2006 meeting to approve the October 19, 2996 minutes; seconded by Board Member McCoy. VOTE LED FERD-YEA HOOVER -YEA KELLER-YEA BURROUGHS - YEA MAXWELL - YEA MCCOY - YEA JOHNS - YEA MOTION CARRIED. Clerk Gamiotea then requested a motion be put on the floor to approve the Revised October 19, 2006 minutes so that the items being revised could be discussed. Board Member Burroughs moved to approve the revised October 19, 2006 minutes as presented; seconded by Board Member Maxwell. Clerk Gamiotea distributed revised minutes and noted each change as follows: r EXHIBIT NO. FEB 6 - FINAL PH RESOLUTION NO. 07-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE LEASE - FINANCING OF CERTAIN EQUIPMENT THROUGH EXECUTION OF A MASTER LEASE -PURCHASE AGREEMENT WITH POPULAR LEASING U.S.A., INC.; PROVIDING FOR THE PAYMENT OF THE LEASE PAYMENTS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City that: SECTION 1. Authority for this Resolution. This Resolution is adopted pursuant to the Constitution and laws of the State of Florida, including particularly Chapter 166, Part II, Florida Statutes, and other applicable provisions of law (hereinafter collectively referred to as the "Act"). SECTION 2. Findings. It is hereby ascertained, found, determined and declared by the City of Okeechobee, Florida, (the "Lessee") that: (a) It is necessary, desirable, and in the best interest of the Lessee and its inhabitants that the Lessee acquire the equipment described in Exhibit A hereto (the "Equipment") and pay for such acquisition through a lease -purchase financing structure pursuant to a Master Lease -Purchase Agreement (the "Lease -Purchase Agreement") between the Lessee and Popular Leasing U.S.A., Inc. (the "Lessor"). (b) The Lessee is authorized and empowered by the Act to enter into transactions such as that contemplated by the Lease -Purchase Agreement and to fully perform its obligations thereunder in order to acquire the Equipment. (c) The execution and delivery of the Lease -Purchase Agreement by the Lessee will comply with all of the provisions of the Act. (d) The Lessee has requested proposals from financial institutions and has determined that the terms proposed by the Lessor are in the best interest of the Lessee consistent with the request for proposals issued for this purpose. SECTION 3. Authorization of Equipment. The lease -financing of the Equipment is hereby authorized, pursuant to the provisions of a Lease -Purchase Agreement which shall contain terms consistent with the proposal of the Lessor attached hereto as Exhibit B. Page 1 of 6 SECTION 4. Approval of Lease -Purchase Agreement. The Lessee hereby authorizes and directs its Mayor or City Manager to execute and deliver, and the City Clerk of the Lessee to attest under the seal of the Lessee, a Lease -Purchase Agreement, all of the provisions of which, when executed and delivered by the Lessee as authorized herein and by the Lessor, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein. The Lease Purchase Agreement shall be in such form as approved by the Mayor or City Manager, such approval to be conclusively presumed by the execution thereof. The rent payments to be paid under the Lease -Purchase Agreement and the other terms of the Lease - Purchase Agreement shall be consistent with the proposal of the Lessor attached hereto as Exhibit B. SECTION 5. Designation as Qualified Small Issuer Obligation. The Lessee (including all subordinate entities which issue tax-exempt debt on behalf of the Lessee) does not reasonably anticipate issuing tax-exempt obligations in excess of $10,000,000 during the current calendar year. The Lessee does hereby designate the obligation to lease the Equipment pursuant to the Lease -Purchase Agreement as a qualified tax-exempt obligation under Section 265(b)(3) of the Internal Revenue Code of 1986. SECTION 6. Pledge of Lease Proceeds. In order to provide for acquisition of the Equipment, the Lessor shall pay the proceeds of the Lease to Lessee. The Lessee covenants and agrees to establish a separate fund in a bank or trust company in the State of Florida, which is eligible under the laws of such State to receive funds of the Lessee, to be known as the City of [click here and insert city, state], Equipment Acquisition Fund, which shall be used only for the payment of the cost of acquisition of the Equipment. Moneys in the Equipment Acquisition Fund, until applied in payment of the cost of Equipment as provided in the Lease, shall be held in trust by the Lessee and shall be subject to a lien and charge in favor of the Lessor and shall not be subject to any lien or pledge in favor of any person other than Lessor. Lessee does hereby irrevocably pledge the Equipment Acquisition Fund to payment of its obligations under the Lease in accordance with the terms thereof. SECTION 7. Further Action. The proper officers of the Lessee are hereby authorized, empowered and directed to take all such further action and to execute such additional documents as they deem advisable to carry out the purposes of this Resolution. SECTION 8. Severability of Invalid Provisions. If any one or more of the covenants, agreements or provisions contained in this Resolution or the Lease -Purchase Agreement, or any other document or agreement hereby authorized shall be held contrary to any express provision of law, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof or of the Lease -Purchase Agreement, or any other document or agreement hereby authorized. SECTION 9. Succession of Officer of Lessee, Performance of Duties. In the event that the office of any officer of the Lessee mentioned in this Resolution shall be abolished or any two or more of such offices shall be merged or consolidated, or in the event of a Page 2 of 6 vacancy in any such office by reason of death, resignation, removal from office or otherwise, or in the event any such officer shall become incapable of performing the duties of his/her office by reason of sickness, absence from the Lessee or otherwise, all powers conferred and all obligations and duties imposed upon such officer shall be performed by the officer succeeding to the principal functions thereof or by the officer upon whom such powers, obligations and duties shall be imposed by law. SECTION 10. Benefit of Resolution Limited. Except as herein otherwise expressly provided, nothing in this Resolution, express or implied, is intended or shall be construed to confer upon any person, firm or corporation other than the Lessee and the Lessor (or its assigns) any right, remedy or claim, legal or equitable, under or by reason of this Resolution or any provision thereof, this Resolution and all its provisions being intended to be and being for the sole and exclusive benefit of the Lessee and the Lessor (or its assigns). SECTION 11. Successors and Assigns. All the covenants, promises and agreements in this Resolution contained by or on behalf of the Lessee shall bind and inure to the benefit of its successors and assigns, whether so expressed or not. SECTION 12. Repealing Clause. All resolutions, or parts thereof, or other official actions of the Lessee in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. SECTION 13. Effective Date. This Resolution shall take effect immediately upon adoption. INTRODUCED AND ADOPTED in regular session this a day cf February, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 3 of 6 STATE OF FLORIDA COUNTY OF OKEECHOBEE I, Lane Gamiotea, City Clerk of the City of Okeechobee, Florida, do hereby certify that the above and foregoing is a true and correct copy of a resolution as the same was duly adopted at a meeting of the City Council held on the 6 TH day of February, 2007, and as the same appears on record in my office. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this 61h day of February, 2007. (SEAL) Lane Gamiotea, City Clerk Page 4 of 6 RESOLUTION NO. 07-02 - EXHIBIT A Description of Equipment 24 Full-size Police Sedans Page 5 of 6 RESOLUTION NO. 07-02 - EXHIBIT B Lessor Proposal Page 6 of 6 EXN/8/T N0. FE8 6 - FINAL PH RESOLUTION NO. 07-03 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, ENACTING AN ABEYANCE ON ALL SITE PLAN APPLICATIONS RELATING TO PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICTS; PROVIDING FOR TIME TO ENACT "ZONING IN PROGRESS" TO REVISE THE PLANNED UNIT DEVELOPMENT REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the public need to diligently update the regulations pertaining to the City's Planned Unit Development (PUD) District to ensure that said district provides for development flexibility; adequately promotes innovation, creative project design, enhanced open space and/or amenities, an improved living environment; and, protects environmentally sensitive areas; and WHEREAS, the City has instructed the City's Planning Consultant to develop modifications to the existing PUD regulations to ensure that said regulations protect the City's interests; promote public welfare; encourage development flexibility, innovation, and creative design; provide for enhanced open space and/or amenities, an improved living environment; and, protect environmentally sensitive areas; and WHEREAS, during the period in which new development regulations are being prepared, considered and adopted, in order to prevent the premature review and approvals of new development projects in the PUD District that may be incompatible with the developing zoning amendments NOW THEREFORE be it resolved before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by a majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. THAT it is necessary to enact "Zoning in Progress" directing that no site plans for development within the PUD Zoning District be accepted or reviewed by the City until "Zoning in Progress" has been completed by final consideration and adoption of the revised PUD development regulations by City Council. INTRODUCED AND ADOPTED in regular session this § day of February, 2007 James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Exn[B[T 9 FEBRUARy 6, 2007 55 Southeast Yd Avenue #E Okeechobee, Florida 34974 * 863- 763-3372 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. TEMPORARY STREET AND SIDEWALK CLOSING Name of Applicant OK-e cho M cAI � qat 6C Today's Date i _ I Cr _ © 7 Address �) �� �hC� �t: Phone(s) Name of Property Owner Address Phone(s) Street to be Closed �_�� y� q© oxy-sA P6-Q-42 Sfno e Dates to be Closed re- b y a C'� Time(s) to be Closed tr t CK U �.Q Purpose of Closing -To P 0--f�-(- Original Signatures of all residents, property owners and business owners affected by street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications) Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications) Attachments If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. State Food Service License if selling food. State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks) og"Clean-up is required within 24 hours. MR'No alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. u9b'No donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. MN'The City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. Wa'Dumpsters and port -a -lets are required when closing the street for more than 3 hours. :)7 PUBLIC WORKS DEPARTMENT b t1 07 orized. Signature Date POLICE DEPARTMENT f�4 - - V�/0,/. Signature Date Signature Donnie Robertson, Public Works Director Typed Name & Title . Denny Davis, Chief of Police Typed Name & Title HPrh Qm; th, Fire Chief Date Typed Name & Title ADMINISTRATIONjSL,c6Zt14 Occupational and/or State License Verified: ri j yped Name & Title CLERK'S OFFICE PAO&G \j kb LU%-O- ^ Authorized Signature Date APPROVED/DENIED BY COUNCIL ON: Lane Gamiotea City Clerk Typed Name & Title Rc.iscd 8/05/03 P Z 911119 �� 9961�R 99 0 Q 0 NDRTN WEST ?PCY-V. STRE�'T ' L 2 E, 6 5 4 3 2 1 6 5 4 3 j 6 5 4 3 2 1 6 5 '41 d 2 i ? 6 5 4 3 2 1 -1 6 5H 9 2, M �3 7 8 7S-70') 7 8 9 10 1112 ? 8 9 1C i11� 7 8 9 1 1112 7 8 SW 2N 0.1111 will1 11 City of Okeechobee 55 Southeast 3rd Avenue # Okeechobee, Florida 34974 * 863- 763-3372 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. -r.-..r O%M w MW @TlnCGT A kir, 421rNMA►A1 V rI n-RlMr. Name of Applicant Today's Date I ' ZO 1 O7 Address Z �o g ` Phone(s) --b 7 _ Vv,A t &J Name of Property Owner A � �� ��ovu� sc [� Address v.n i S 0 1 �. Phone(s) 7(� 3 - Z S S D Street to be Closed 5)E� 3 1�-'' ""-e Dates to be Closed tk 'Z 3 Zov-`7 Time(s) to be Closed '""1 AVM u w � U ,,.:: � ►�i\ a. �„c,L_ � Purpose of Closing LAI►6 Original Signatures of all residents, property owners and business owners affected by street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications) Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications) Attachments If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. State Food Service License if selling food. State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks) owClean-up is required within 24 hours. uwNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. ag"No donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. 03'The City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. owDumpsters and port -a -lets are required when closing the street for more than 3 hours. PUBLIC WORKS DEPARTMENT /`—Ca `f OZ Donnie Robertson, Public Works Director Authorized Signature Date Typed Name & Title . Authorized Si ature FIRE DEPARTMENT orized Signature o?f cy" Nerb Smith Fire Chief Date Typed Name & Title Occupational and/or State License Verified: ADMINISTRATION 3 © Sian kr-,11. City Admii h iz Signat re Date Typed Name & Title OFFICE a� Lane Gamiotea, City Clerk Authorized Signature Date Typed Name & Title APPROVED/DENIED BY COUNCIL ON: Revised 8/05/03 a� Lane Gamiotea, City Clerk Authorized Signature Date Typed Name & Title APPROVED/DENIED BY COUNCIL ON: Revised 8/05/03 OKEECHOBEE MAIN STREET, INC. 111 NE 2nd Street - Okeechobee, FL 34972 - Phone 863.357.MAIN - Fax 863.763.1797 www.mainstreetokeechobee.com dd ua&ea • *ew uG�ia�c2 January 18, 2007 City of Okeechobee General Services Department 55 SE 3`d Ave Okeechobee, Fl 34974 To Whom It May Concern: Please find below the signatures required for the temporary street closing for the Okeechobee Main Street 5`h Annual Top of the Lake BBQ Affair to be held on march 2nd and 3', 2007. Visiting Nurse Association i Approve Obi t Signature/Title: Date: %ZZ8 The other property owners involved with the temporary street closing are: American Legion Post # 64 and the City of Okeechobee. If you require any additional information, please call me at 863-697-6325 Sincerely Yours, Terry Buixenglis Treasurer Okeechobee Main Street, Inc. Okeechobee Main Street, Inc. Confidential — Restricted Access This document and the confidential information it contains shall be distributed, routed or made available solely to authorized persons having a need to know within Okeechobee Main Street, Inc., except with written permission of Okeechobee Main Street, Inc. J� om��m - �mmo o�mm o oo�a0000�.���000 aodmmm sm�o o�m� o oommmm oommmm oodmm� o oo�aoo oo�aoo oom�oo aom�mm oon® MUM 00��00 o00aQ� 1m 71 1 IBM \\iE Mi IRA, o0�Q01 �� ���►ail � oommmm OHM mom W 111MEN I PON MO. ��me sm o mm oom�mm smm�® �I oo�aao 08� e a J oommmm .�:� ■�� memo oeuY eon a� xou: W�@! iE7R119�WI 99n11 I�IY 19rY Wm! BYIM YW97 9�117 6909i7 61�91 �mr omo�m oiro�u ours F FE NO IN, m 3RD 190 01al111 �1�111{991101 � WIN Iaomt-m1111 F �• iee��e�eeeeee��meeAleAee06 M®®0®®ER 6 r 3 9 Y 9 4 L 0 4 L 10 5 Q tt 5 11 p ppa 17 f N t n 8 1 7 1 9 .3 9 10 4 A It s 1 5 1 1 6 7 7 1 8 I 8 9 2 3 2 0 3 f �1 10 11 4 G 10 4 S S 7 7 8 2 8 2 9 3 9 3 10 4. 10.. 4 11 . ... ,. .. ... -. 4 II 12 6 l l 5 S (j''''�6� "��j I 6 8 L.—_-� J NJ 6 / 7 9 1 �m m 1:i1=I�j�IN MEME©. 16 28 7 7 8 29 30 9 10 11 1 18 31 19 3a 32 20 33 21 35 6 i 22 g 10 7 p 2_^. 12 5 1 6 4 3 2 1 23 2 1 2 3 4 5 6 7 8 9 5 SE 8TH CT 26 1 86 87 88 89 90 91 92 93 94 z 3 4 26 78 79 80 81 82 83 84 85 25 5 24 70 77 72 73 7a 75 76 77 6 23 SE 9TH CT 7 22 8 61 62 63 64 65 66 67 68 69 21 9 20 51 52 53 54 55 56 57 58 59 60 10 SF 1H MU I 1n 12 11 19 31 43 as 45 46 47 8 1-1 49 50 18 30 13 38 39 40 41 42 1 17 29 96 16 28 32 33 34 35 36 37 95 15 27 177 176 0 102 101 00 99 98 97 i78 175 179 17a 11170 0910810770610510 180 173 q t72 . _ 112 113 114 115 116 117 118 119 7 EXHIBIT 10 FEBRUARY 6, 2007 CITY OF OKEECHOBEE (863) 763-3372 AGENDA ITEM REQUEST FORM Please mail or bring completed form to: City of Okeechobee City Administrator's Office 55 SE 3"" Avenue Okeechobee, Florida 34974 NAME: �- l �u ✓C v� ADDRESS: Oc� 0 ksll FAX (863) 763-1686 TELEPHONE: �i. 3 - 7� " z z z 5� FAX: = 3 " �c 3 ^ ci Z— MEETING: REGULAR SPECIAL ❑ WORKSHOP ❑ DATE: PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA: PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH THUS FAR: P-)DVLr� TE STATE DESIRED ACTION BY c� e vp c oow".� s _ R-4 THE CITY COUNCIL: PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: IF PRESENTATION IS TO BE MADE, PLEASE STATE HOW MUCH TIME YOU ARE REQUESTING: 1 O V\& 6 v., DATE: SIGNED BY Z 3 t a Okeechobee Main Street, Inc 1st Quarter Update City Council February 6, 2007 ou'vdov"J.'e4v What Have We Done? • Sponsored 2nd annual Green Market in the Park beginning Nov 1, 2007 • Attended the Florida Main Street State Conference in Ft. Pierce • Sponsored the 2nd Annual Christmas Windowing Contest. Winner was Raulerson's Absolutely Art • Received a grant from Morgan Stanley in the amount of $2000 to assist with the Juried Arts Fest and support of the various children programs sponsored by Main Street and the School Board • Presented Mural Guidelines to the County for adoption • Secured agreement with Embarq to place mural on downtown central office building • Conducted the 2,,d Annual Halloween Festival in park with assistance from various other non-profit organizations and the City • Develop plans for 1st Annual Juried Arts Fest in the park for Feb 23/24, 2007 • Received confirmation from State on Old Jail grant ranking us 18th on the list of over 140 grants for funding. Money to be distributed in July 2007 • Completed business survey for Local Program Area which will assist in determining needs of our local businesses What Have We Done? oulv.#4"V • Completed the State quarterly report. To date OKMS has volunteered 14206.5 hours from the beginning of the program. When multiplied by $6.15 hourly rate the value is $87,368.98 in -kind contributions to the OKMS program and to Okeechobee. • Sponsored Honey Baked Hams promotion (Thanksgiving and Christmas) as a community service • Provided an internet media advertising program (ShopMainStreet.org) for Main Street members (free of charge) to advertise their businesses. • Conducted meeting with CSX representative to begin negotiations to secure ownership of old train station • Completed conceptual plan for Courthouse Park and presented to BOCC • Established 3 new business members and 2 new individual memberships. This brings out total membership to 84 businesses and 38 individuals. • Hired new Program Manager in December, 2006 Developing project plans cU 'r srw v�q;owa for several community events: . 7uried Top of the Lake Art Fest . 5t" Annual Top of the Lake BBQ Affair • Additional mural project for the downtown area sponsored by Okeechobee Main Street • Save the Old Jail Program • Adopt a Median Program • Development of plan for securing funding for Courthouse Park via grants, private and public monies 8:36AM Okeechobee Main Street, Inc. 01/23/07 Profit & Loss Cash Basis October through December 2006 Oct - Dec 06 Ordinary Income/Expense Income 7800 • Juried Art Show Income 7804 • Booth Fee 600.00 7805 • Application Fee 105.00 Total 7800 - Juried Art Show Income 705.00 4300 - Green Market Fees 215.00 4500 - Contributed support 4575 • Honey Baked Ham Sales 3,357.72 4560 • Pledges 70.00 4210 - Corporate/business grants 2,000.00 4540 • Local government grants 10,000.00 4500 - Contributed support - Other 150.00 Total 4500 • Contributed support 15,577.72 4600 • Membership 4602 - Friend 125.00 4604 • Medium Business 500.00 4606 • Small Business 1,100.00 Total 4600 - Membership 1,725.00 Total Income 18,222.72 Expense 7700 - Honey Baked Ham Purchases 2,863.54 8000 - Halloween Festival 8001 • Halloween Candy 394.58 Total 8000 • Halloween Festival 394.58 7900 - Mural Projects 7904 • Mural Dedication Supplies 359.00 Total 7900 - Mural Projects 359.00 8700 • Green Market 8711 • Portable Toilets 59.16 Total 8700 - Green Market 59.16 8900 - BBO Competition Expenses 8921 - Electrical Expense 9.13 8901 • FBA Expenses 350.00 Total 8900 • BBO Competition Expenses 359.13 7000 • Grant & contract expense 7020 • Grants to other organizations 1,000.00 Total 7000 • Grant & contract expense 1,000.00 8500 - Misc expenses 8570 • Advertising expenses 100.00 8530 • Membership dues - organization 195.00 8590 - Other expenses 25.00 Total 8500 - Misc expenses 320.00 8100 - Non -personnel expenses 8181 • Web Hosting Service 18.40 8170 • Printing & copying 155.00 Total 8100 • Non -personnel expenses 173.40 8200 • Occupancy expenses 8210 • Rent, parking, other occupancy 987.00 8220 • Utilities 395.99 8260 - Telephone & telecommunications 273.03 Total 8200 • Occupancy expenses 1,656.02 Page 1 8:36 AM 01/23/07 Cash Basis Okeechobee Main Street, Inc. Profit & Loss October through December 2006 Oct - Dec 06 7500. Other personnel expenses 7520 • Accounting fees 50.00 Total 7500 - Other personnel expenses 50.00 6560 • Payroll Expenses 8,540.49 8300 • Travel & meetings expenses 8320 - Conference,convention,meeting 360.00 8310 • Travel 88.92 Total 8300 • Travel & meetings expenses 448.92 Total Expense 16,224.24 Net Ordinary Income 1,998.48 Net Income 1,998.48 Page 2 SELECT , AGENT, ik of GRETCHEN ROBERTSON INSURANCE AGENCY, INC. Gretchen Robertson, Agent 204 NE 3rd Avenue Okeechobee, FL 34972 To Whom it May Concern: State Farm Insurance located at 204 NE 3rd Ave has an off site parking agreement with Elite Title, Inc. owned by Frances W. Watford. We have agreed to allow Elite Title, Inc. while owned by Ms. Watford to use our parking lot for any over flow or off site parking needs. Sincerely, Gretchen Robertson David Hester �J mac_..,-c ") v ' bus.:863.763.5561 • fax:863.763.1161 www.gretchenrobertson.com STATE FARM INSURANCE COMPANIES • Home Offices: BLOOMINGTON, ILLINOIS EXHIBIT 11 FEBRuARY 6, 2007 THIRD AMENDMENT TO INTERLOCAL AGREEMENT CREATING THE OKEECHOBEE UTILITY AUTHORITY BETWEEN OKEECHOBEE COUNTY AND THE CITY OF OKEECHOBEE, FLORIDA. THIS THIRD AMENDMENT TO INTERLOCAL AGREEMENT, made and entered into this day of . 2006, by and between the Board of County Commissioners of Okeechobee County, Florida, a political subdivision of the State of Florida, hereinafter referred to as "County," and the City Council of the City of Okeechobee, Florida, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as «Cif, » WITNESSETH: WHEREAS, the County and the City previously entered into that certain Interlocal Agreement dated November 10, 1994, whereby the Okeechobee Utility Authority was created; and WHEREAS, the Okeechobee Utility Authority has requested the County and the City to amend said Interlocal Agreement. NOW, THEREFORE, for and in consideration of the premises and mutual agreements hereinafter set forth, the County and the City hereby agree that said Interlocal Agreement is hereby amended as follows: j Paragraph 3.2.i of ARTICLE IV =�REATION OF UTILITY AUTHORITY - is amended as follows: 3.2. The Authority shall have the following powers: i f To levy special, non -ad valorem assessments on benefitted properties, pursuant to the methods for establishing and collecting such non -ad valorem assessments set forth in Chapters 125, 153. 166, and 170, Florida Statutes, provided however, the Authority shall furnish no less than sixty (60) days' written notice to Okeechobee County in advance of the effective date of any special non -ad valorem assessment levied and assessed on benefitted properties within the jurisdictional limits of Okeechobee County. The Authority may collect non -ad valorem assessments utilizing methods and procedures provided to local governments under Sections 197.3631 and 197.3632, Florida Statutes. Said collection of non -ad valorem assessments shall be subject to all collection provisions of Chapter 197, Florida Statutes, including the issuance and sale of tax certificates and tax deeds for non- payment of said non -ad valorem assessments. AFFIRMATION BY COUNTY The County hereby affirms that, at a duly constituted meeting of the Board of County Commissioners of Okeechobee County, Florida, on thaR}day o2006, it approved the terms of this Third Amendment to Interlocal Agreement and the execution thereof by the County. BOARD OF COUNTY COMMISSIONERS OF OKEECHOBEE COUNTY, FLORIDA ATTEST: Chairman By c� -to 1 C)C' Clerk , Sharon Robertson (SEAL) Board of County Commissioners AFFIRMATION BY CITY The City hereby affirms that, at a duly constituted meeting of the City Council of the City of Okeechobee, Florida, on the day of . 2006, it approved the terms of this Third Amendment to Interlocal Agreement and the execution thereof by the City. ATTEST: B City Clerk CITY COUNCIL OF CITY OF OKEECHOBEE, FLORIDA I0 Mayor (SEAL) Exhibit 12 February 6, 2007 EXHIBIT 12 will be provided at the meeting 007 07:58 FAX 9415976609 BETTER ROADSLP ExHIBIT 13 FEBRuARY 6, 2007 Section 10 Change Order Form City of Okeechobee Project: Cityof Okeechobee Roadway Improvements 2005 - 2006 Change Order No. one 01) Date: January 26, 2007 Contractor: Better Roads Inc. Owner_ City of Okeechobee Agreement Date - Change order requested by: Oscar Bermudez, P.E. City Engineer The following changes are made to the contract documents: Contract amount and contract time: Original contract amount Current contract amount adjusted by previous change order Net (increase) Soo ase) of contract amount resulting from this change order Current contract amount including this change order $ 431,687.50 $ -0- $ 6,118.22 $ 437,8 -72 Original contract time NSA calender days a - Current contract time adjusted NSA calendar days by previous change order Net (increase) (decrease) resulting NSA calendar days from this change order Current contract completion date December 22, 2006 including this change order i Change order no. , page 1 of 2 10-1 01/30/2007 07:58 FAX 9415976609 BETTER ROADSLP 003 Changes ordered: I. General: this change order is necessary to cover changes in the work to be performed under the contract. General conditions, supplementary conditions, specifications, and all parts of the project manual listed in article 1, definitions, of the general conditions, apply to and govern all work under this change order- H. Required changes' Mended S.W. 12th Avenue Lrom S.W. 3rd Street to S.W. 4th Street and adjusted various quantities to reflect actual work per- ocm an an additional tiar end on guar az . III. Justification: IV. Net Increase $6,118_22 V. Approval and change authorization: Acknowledgments: the aforementioned change, and work effected thereby, is subject to all provisions of the original contract not specifically changed by this change order, and it is expressly understood and agreed that the approval of the change order shall have no effect on the original contract other than matters expressly provided herein. Recommended by: Engineer By: �Si ature Date: Accepted by: Contractor By: Signature Date: Approved by: City of Okeechobee By: Signature and Title Date: 1 Change order no._page 2 of 2 10-2 ExnIBIT 14 City of Vero Beach 1053 - 20th PLACE - P.O. BOX 1389 VERO BEACH, FLORIDA - 32961-1389 Telephone: (561) 978-4700 Fax: 1561) 978-4790 OFFICE OF THE MAYOR January 24, 2007 Mayor James E. Kirk City of Okeechobee 55 S.E. 3`d Avenue Okeechobee, Florida 34974 Dear Mayor Kirk: FEBRUARY 6, 2007 At the Treasure Coast Regional League of Cities meeting held on January 17, 2007, the Board unanimously approved the attached Interlocal Agreement. The next step is for each municipality to have the agreement voted on by their City Councils'. I would appreciate it if you would do this at one of your future meetings. We have scheduled our next Treasure Coast Regional League meeting for April 181` at 10:00 a.m., at the Fort Pierce, City Hall and I need to have all signed agreements back to me before that meeting. Would you also let the secretary of the Board, Tammy Vock, know who your representative will be attending these meetings. This way she will be able to mail out the agendas and minutes for future meetings to the correct person. She can be reached at (772) 978-4701. Thank you for your help in this matter. I look forward to working with all the municipalities on the Treasure Coast as we tackle different issues that are affecting all of us. Sincerely, Thomas P. White, Chairman Treasure Coast League of Cities TPW:tkv Attachment AN INTERLOCAL AGREEMENT CREATING THE TREASURE COAST LEAGUE OF CITIES Whereas, there are twelve municipalities in the Treasure Coast Counties of Indian River, St. Lucie, Martin, and Okeechobee which interact on a continuing basis with county government and the State of Florida regarding local government matters; and Whereas, many of the matters are of common concern to all of the municipalities which makes it more efficient to reach solutions as a group, rather than by having each city negotiate on its own with the State or its respective county; and Whereas, it is probable that better solutions to the common problems will be arrived at by having all cities and their combined resources working jointly; and Whereas, this type of governmental cooperation would benefit the constituents of not only the municipalities but also of the unincorporated areas and the State; and Whereas, Florida law and, in particular, Section 163.02 Florida Statutes, allows local governments to create councils of local public officials by adopting an interlocal agreement for a purpose consistent with the authority of each government's powers; and Whereas, various municipal officials from the Treasure Coast have determined that the creation of such a council of local public officials would be in the public interest; Now Therefore, Be It Resolved by the undersigned municipalities situated in Indian River County, St. Lucie County, Martin County, and Okeechobee County that: Section 1 Creation of the Treasure Coast League of Cities There is hereby created a council of local public officials under the authority of and pursuant to Section 163.02 Florida Statutes, to be composed of the undersigned municipalities situated in the counties of Indian River, St. Lucie, Martin, and Okeechobee (hereinafter the "Treasure Coast"), which council shall be called "The Treasure Coast League of Cities." The League shall be a corporation not for profit. Section 2 Purposes and Powers The purpose of this association shall be to serve as a forum for jointly studying and resolving issues of local government which concern the Treasure Coast municipalities, for the exchange of ideas and information, for providing aid to member municipalities in the solution of common problems, and'for promoting communication among the member municipalities. To that end, the League shall have the power to: a) Study such area governmental problems, as it deems appropriate, including but not limited to matters affecting health, safety, welfare, education, economic conditions, and area development; b) Promote cooperative arrangements and coordinate action among its members: and c) Make recommendations for review and action to the members and other public agencies that perform local functions and services within the area. Section 2 Types of Membership A. Active Membership All municipalities with the Treasure Coast are eligible to be members of the League and may become active members upon execution of a copy of this interlocal agreement and upon payment of whatever annual membership dues have been imposed. Members in good standing shall have voice, vote and office holding rights within the association. The representative for each municipality shall be the elected chief executive or other member of the governing body. Each municipality may also appoint an alternate who shall serve when the primary representative is unable to serve. Each member city shall have one vote. Each municipality shall determine the term of its representatives. B Honorary Membership Honorary membership may be bestowed upon individuals only who shall be selected by vote of the League. All Past Presidents shall be honorary members once they are no longer in elected or appointed office. Honorary members may not vote or hold office. C. Associate Membership Associate members are non -voting members selected from the private, public or non-profit sectors, including, but not limited to, the school boards or county governments. All shall be approved by the League. Associate members shall not vote or hold office but may enter into discussion. Section 3 Bylaws At the organizational meeting of the League the members shall elect a Chair, a Vice - chair, and a Treasurer for terms of one year with a term limit of two years. There shall also be a Secretary, who shall be the clerk of the city represented by the Chair. Five members of the League shall constitute a quorum and no matter shall be considered passed by the League without at least five votes for the motion. The Chair shall run the meeting and rule on procedural matters subject to being overruled -by a vote of the League. Only a simple majority of those present and voting is required to overrule the Chair. The Chair shall not have the right to move or second matters. The Vice -Chair shall serve when the Chair is unable to. The Secretary shall keep the official minutes of the meetings in a journal and shall be responsible for noticing meetings. The Treasurer shall be responsible for opening a bank account at a convenient institution and for writing checks on that account for expenses approved by the League. The officers shall be elected at the general meeting of the League held in January. The initial officers of the League, who shall serve until the League has its first meeting after ratification of this agreement by five members, shall be: Chair, Thomas P., White Mayor of the City of Vero Beach, Vice -Chair, Sal Neglia, Councilmember of the City of Sebastian, Treasurer, Dowling Watford, Councilmember of the City of Okeechobee, and Secretary, Tammy Vock, Clerk to the City of Vero Beach. Section 4 Meeting Times and Places The League shall have the power to set convenient times and places for meetings, which shall be held, at a minimum, twice a year, one meeting within the Treasure Coast Counties (the "general" meeting), and once a year at the Florida League of Cities Annual Conference. The meetings shall be advertised by at least one week's notice published in the a newspaper in each county or by posting notices of such meetings in each of the members' City Halls. The meetings shall be open to the public and minutes shall be taken and kept in a journal. It shall be proper for the meeting to be hosted by each municipality in turn or by such other method as the League determines. Special meetings may be called by the Chair or by any three members writing the League Secretary requesting such a meeting. Section 5 Financial Matters The League may employ a staff, consult and retain experts, and purchase or lease or otherwise provide for such supplies, food, materials, equipment and facilities, as it deems desirable and necessary. The member governments may appropriate funds to meet the necessary expenses of the League. Services of personnel, use of equipment and office space, and other necessary services may be accepted from members as part of their financial support. The League may accept funds, grants, gifts, and services from the state, from any other governmental unit, whether participating in the council or not, from the Government of the United States, and from private and civic sources. Section 6 Annual Report The League shall make an annual public report of its activities to each of the member local governments, and shall have its account audited annually. Section 7 Exiting League, Dissolution Any member may withdraw from the League upon 60 days' notice subsequent to formal action by its governing body. The League itself can be dissolved by a simple vote. Upon dissolution of the League any remaining funds shall be donated to the Florida League of Cities. Section 8 Effective Date This association shall become effective on April 1, 2007, or on such later date as the fifth municipality has executed this interlocal agreement. If there are not at least five member cities by June 1, 2007, then this agreement shall be null and void. Any municipality may indicate its acceptance of this interlocal agreement by executing a copy of this document and such execution shall be as valid as if the original had been signed. The Mayor of the City of Vero Beach shall collect the executed copies of this agreement and determine when to call the organizational meeting of the League. The following municipalities, as witnessed by the attached original of the executed signature page, have executed this Interposal Agreement on the date written underneath the signature of the authorized signer. AGENDA Review of cases with unpaid fines. ADJOURNMENT - CHAIRPERSON WORLEY. PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision made by the Code Enforcement Board 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. Tapes are for the sole purpose of backup for official records of the department. Mack Worley, Chairperson ATTEST: Sue Christopher, Secretary January 9. 200 / - ChB Kegular Mee tin - Ya e 4 of 4 CODE BOARD ACTION Attorney Cook advised the Board to consider taking action on Case 406-172 John & Susan Harmer since nothing had been done to bring the property into compliance or pay the fines. Member Gam iotea moved in Case 906-172 to recommend City Council proceed with foreclosure; seconded by Member Montesi. Worley - Yes Gamiotea - Yes Castorina - Yes Montesi - Yes Hancock -Yes Motion Carried. Attorney Cook also stated a hearing date was set for January 291, 2007 for Marvin Brantley Code Officer Sterling informed the Board on Case #04-025 Gloria & Mary Brown and #04-026 Joe & Johnny Brown the property owner had contacted him stating he would be in Okeechobee this weekend to contract with someone to clean the property. Member Hancock requested Code Officer Sterling provide background information to the board on prior cases that come back before the board. There being no further items on the agenda Chairperson Worley adjourned the meeting at &olp.m. The next regular Code Board Meeting is scheduled for Tuesday, February 13, 2007. ATTEST: CITY OF OKEECHOBEE Sign: Sign: Print: Lane Gamiotea Print: James E. Kirk Title: City Clerk Title: Mayor STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2007, by James E. Kirk, as Mayor, and attested by Lane Gamiotea, as City Clerk of the City of Okeechobee, Florida. They are personally known to me and did not take an oath. {NOTARY SEAL} NOTARY PUBLIC Sign: Print: State of Florida at Large My Commission Number My Commission Expires: FORM 813, MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME -MIDDLE NAME NAME OF BOARD, COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE Watford, Dowling R., Jr. City Cniinr-ii MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 701 Northeast 5th Street WHICH I SERVE IS A UNIT OF: CITY COUNTY PtCITY ❑ COUNTY ❑ OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: Okeechobee City of Okeechobee DATE ON WHICH VOTE OCCURRED MY POSITION IS: 3P ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 112000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Dowling R. Watford, Jr. hereby disclose that on February 6, 120 07 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, X inured to the special gain or loss of Okeechobee Ford Motor Company by whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: New Business Item D Resolution 07-02, Lease -Purchase Agreement (Police Cars) February 6, 2007 Date Filed Signatu re NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. PAGE 2 CE FORM 8B - EFF. 1/2000 MINUTES OF BOARD OF COUNTY COMMISSIONERS SPECIAL SESSION DECEMBER 21, 2006 The Board of County Commissioners of Okeechobee County, Florida met in special session at 9:00 a.m. on Thursday, December 21, 2006 in County Commission Chambers, Courthouse, Okeechobee, Florida. The following members were present: Commissioners Domer, Betts, Chandler, Wherrell, and Posey. Also present were: County Administrator George Long, County Attorney John Cassels, Deputy Clerk Debra Lewis and Clerk I Lynn Shain. Chair Domer called the meeting to order. Commissioner Noel Chandler offered the invocation, after which Commissioner Posey led the Pledge of Allegiance. REVISIONS Chair Domer requested to be advised of any additions and/or deletions to the agenda for this session. Commissioner Betts requested the Board of County Commissioners first consider Items #3 through #8, as Mr. Pearce's attorney was not yet present. Chair Domer announced the Board of County Commissioners would first consider Item #3, Road Markings and Striping. 1. MARK PEARCE — OKEECHOBEE COUNTY VS. MARK PEARCE This item was rescheduled to be heard following Item #4, Assessments for water / sewer; Okeechobee Utility Authority. 2. EXECUTIVE SESSION — OKEECHOBEE COUNTY VS. MARK PEARCE This item was rescheduled to commence after Item #4, Assessments for water / sewer; Okeechobee Utility Authority. 3. ROAD MARKINGS & STRIPING (Item #24 Deferred from December 14, 2006) County Administrator Long advised that approximately five (5) years ago the County received a grant to install raised pavement markers (RPM) in the center line of County right-of- ways. Knowing that the funds would not be available for five (5) years, staff evaluated the condition of roadways in an attempt to forecast the future condition of each. Approximately 1 EXCEED $265,000 (UNIT PRICING EQUAL TO OR LESS THAN COMPETITIVELY BID CONTRACT PRICING). SECONDED BY COMMISSIONER WHERRELL. In response to Commissioner Betts' inquiry, County Administrator Long confirmed that no roads contained within the list had been scheduled for resurfacing in the current year. There was discussion between County Administrator Long and commissioners concerning the need to schedule striping at the time roads are constructed / resurfaced. Chair Domer called for a vote on the motion. MOTION CARRIED UNANIMOUSLY. 4. ASSESSMENTS FOR WATER / SEWER; OKEECHOBEE UTILITY AUTHORITY (OUA) AUTHORITY TO IMPOSE (Item #28 Deferred from December 14, 2006) County Administrator Long presented for review a proposed amendment to the Interlocal Agreement between Okeechobee County and the City of Okeechobee regarding Okeechobee Utility Authority (OUA) and its authority to impose non -ad valorem assessments to fund water / sewer projects. Mr. Long noted that although Florida Statutes provide the authority for water and sewer utilities to impose non -ad valorem assessments, the Interlocal Agreement which formed OUA is silent on the point. Although the City did not object to OUA's exercise of such authority, the County did. This interpretation led OUA to request amendment of the Interlocal Agreement to establish its authority to impose assessments. Mr. Long explained that the matter had recently become a topic of discussion due to OUA developing a financial arrangement to fund its wastewater treatment plant expansion which is dependent upon the imposition of assessments on certain properties to be served by OUA. Based upon previous discussion with regard to this matter, the Board of County Commissioners indicated that it did not have an objection to developing an amendment to the Interlocal Agreement to establish OUA's authority in this regard. County Administrator Long advised the proposed amendment would require sixty (60) days advance notice to Okeechobee County of any proposed non -ad valorem assessment intended to be imposed in the unincorporated area. Staff recommended the Board of County Commissioners approve, and authorize the Chair to execute, the Third Amendment to the Interlocal Agreement which created OUA. 3 V MOTION WAS MADE BY COMMISSIONER BETTS TO APPROVE, AND AUTHORIZE THE CHAIRMAN TO EXECUTE, THE THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT WHICH CREATED OKEECHOBEE UTILITY AUTHORITY. SECONDED BY COMMISSIONER WHERRELL. There was discussion of the following: • City's recommendation regarding this project • Purposes for which OUA may initiate assessments • Sixty-day notice period for which OUA is required to allow for input / concerns of the County prior to the onset of any assessment • Whether additional points should be contained within the amendment Chair Domer called for a vote on the motion. MOTION CARRIED UNANIMOUSLY. 1. MARK PEARCE — OKEECHOBEE COUNTY VS. MARK PEARCE County Attorney Cassels announced that Mark Pearce was present to propose resolution to current litigation between he and Okeechobee County. Mr. Cassels advised concerning the recent adoption of Ordinance 2006-04 providing for magistrate and code enforcement board considerations before making recommendation(s) to the Board of County Commissioners. Mr. Cassels provided to commissioners, updated information regarding this particular case having to do with code compliance issues. At the request of Chair Domer, County Attorney Cassels presented a brief synopsis of the course of events relating to this case. Mark Pearce was recognized. Mr. Pearce advised of his intent to bring commissioners update commissioners on issues relating to a code enforcement lien against his property in Okeechobee County. He further explained that the property in question had been developed by him for migrant housing. Following a short conference with his attorney, Mr. Pearce advised of his efforts to bring the migrant housing facility into compliance with code enforcement regulations. He provided additional information on the following: • Reasons for imposition of code enforcement violations on the property in question • Florida laws relating to the operation of migrant facilities • Sequence of events for Mr. Pearce's efforts to rezone subject property • Costs incurred by Mr. Pearce to remodel and bring structure(s) into compliance with Code Enforcement regulations • Costs incurred by Mr. Pearce to engineer, install plumbing system, install above -ground septic system, install electrical system, efforts to have subject property rezoned, and legal fees 4