2007-07-03 Regular Meeting812
CITY OF OKEECHOBEE
JULY 33 2007 REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
1. CALL TO ORDER - Mayor:
July 3, 2007 Regular City Council Meeting, 6:00 p.m.
II. OPENING CEREMONIES:
Invocation given by Rev. Jim Dawson, First United Methodist Church;
Pledge of Allegiance led by Mayor.
III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk.
Mayor James E. Kirk
Council Member 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.
A. Present a Twenty -Year Service Award to Jeff Baugh - Mayor
PAGE 1 OF 18
Mayor Kirk called the July 3, 2007 Regular City Council Meeting to order at 6:00 p.m.
The invocation was offered by Reverend Jim Dawson of the First United Methodist Church;
The Pledge of Allegiance was led by Mayor Kirk.
City Clerk Gamiotea called the roll:
Present
Present
Present
Present
Preseni
Present
Present (en c, i eri C;zambers at 6-17 p.m.)
Pr.,car,t
Press^,
Absent
Prese,_t (enured ChG.,-irers at 6:10 p.m.)
Absent
Mayor Kirk was to present Mr. Jeff Baugh, with a 20-year longevity service award, consisting of $250.00, and a plaque
which read: "In recognition of his outstanding service to the City and its Residents as an Employee of the City of
Okeechobee for twenty years." Mr. Baugh began his career with the City on June 29,1987 as a firefighter trainee. On
December 30,1987, he completed the fire academy to become a certified firefighter. He was promoted to Lieutenant
on January 17, 1991 where he continues to serve in this capacity as well as a certified fire inspector. Mr. Baugh was
unable to attend the meeting due to a conflicting engagement. Mayor Kirk and the Council expressed their appreciation
for Mr. Baugh's dedication to the City. The award will be forwarded to him from the Clerk's Office.
0
DULY 3, 2007 - REGULAR MEETING - PAGE 2 OF ',' 8 " 1 3
V. MINUTES - City Clerk.
A. Motion to dispense with the reading and approve the Summary of Council Member L. Williams moved to dispense with the reading and approve the Summary of Council Action for the
Council Action for the June 5, 2007 regular meeting, the June 7, June 5, 2007 Regular Meeting, the June 7, 2007 Special Meeting and the June 26, 2007 Special Meeting; seconded
2007 Special Meeting and the June 26, 2007 Special Meeting. by Council Member Watford. There was no discussion.
VOTE
KIRK - YEA MARKHAM - YEA WATFORD - YEA
VI. WARRANT REGISTER -City Administrator. C. WILLIAMS -YEA L. WILLIAMS -YEA MOTION CARRIED.
A. Motion to approve the June 2007 Warrant Register:
General Fund ................................ $463,736.81
CDBG Fund ................................. $260,466.00
Public Facilities ............................... $ 353.32
VII. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's
agenda.
Vill. OPEN PUBLIC HEARING FOR ORDINANCE AND RESOLUTION
ADOPTION - Mayor.
A.1. a) Motion to read by title only proposed Ordinance No. 986 regarding
Rezoning Petition No. 07-004-R, submitted by Muhammad
Noorudin/A.M.S.A. Holdings, LLC, changing Lots 3 - 6 of Block 78,
City of Okeechobee, from RSF-1 to CPO - City Planning Consultant
(Exhibit 1). Planning Staff and Planning Board are recommending
approval.
Council Member Watford moved to approve the June 2007 Warrant Register in the amounts of: General Fund, four
hundred sixty-three thousand, seven hundred thirty-six dollars and eighty-one cents ($463,736.81); Community
Development Block Grant Fund (CDBG), two hundred sixty thousand, four hundred sixty-six dollars ($260,466.00);
Public Facilities Improvement Fund, three hundred fifty-three dollars and thirty-two cents ($353.32); seconded by
Council Member C. Williams. There was no discussion.
KIRK - YEA MARKHAM - YEA WATFORD - YEA
C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED.
Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda?
New Business Item I, Florida League of Cities delegate appointment, was added.
MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE AND RESOLUTION ADOPTION AT 6:13 P.M.
Council Member L. Williams moved to read by title only, proposed Ordinance No. 986 regarding Rezoning Petition No.
07-004-R, submitted by Muhammad Noorudin/A.M.S.A. Holdings, LLC, changing Lots 3 to 6 of Block 78, City of
Okeechobee, from RSF-1 to CPO; seconded by Council Member Watford.
DULY 3, 2007 - REGULAR MEETING - PAGE 3 OF 18
VIII. PUBLIC HEARING CONTINUED.
A.1. b) Vote on motion to read by title only. VOTE
KIRK - YEA MARKHAM - YEA WATFORD - YEA
C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED.
c) City Attorney to read proposed Ordinance No. 986 by title only. Mayor Kirk read proposed Ordinance No. 986 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A
CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE
FAMILY-ONE(RSF-1)ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE(CPO)ZONING DISTRICT;
AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN
EFFECTIVE DATE."
2. a) Motion to adopt Ordinance No. 986. Council Member Markham moved to adopt proposed Ordinance No. 986 seconded by Council Member Watford.
b) Public discussion and comments. City Planning Consultant, Mr. Bill Brisson (of LaRue Planning and Management Services) reviewed the Planning Staff
Report, recommending approval, at the first reading held on June 5.2007. This ordinance amends the zoning district
on Lots 3 to 6 of Block 78, City of Okeechobee Subdivision. from RSF-1 to CPO. The property is located at 608
Northeast 2nd Avenue. The petition was submitted by Muhammad Nooruddin, on behalf of property owner(s) A.M.S.A.
Holdings, LLC. There were 24 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 petition at their May 17, 2007 meeting and voted
unanimously to find the petition consistent with the Comprehensive Plan, therefore they are recommending approval
1to the City Council. This application is related to Comprehensive Future Land Use Map Amendment Application No.
07-006-SSA, approved at the June 5, 2007 City Council meeting.
Mayor Kirk asked whether there were any questions or comments from the public? There were none. The Council
had a brief discussion on this matter, noting that the CPO District has worked well to soften the more heavy
commercial uses between the residential areas.
c) Vote on motion. VOTE
KIRK - YEA MARKHAM - YEA WATFORD - YEA
C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED.
815
DULY 3, 2007 -REGULAR MEETING -PAGE 4 OF 18
VIII. PUBLIC HEARING CONTINUED.
B.1. a) Motion to read by title only proposed Ordinance No. 989 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 989 regarding Planned Unit
Planned Unit Development (PUD) Regulations - City Planning Development (PUD) Regulations; seconded by Council Member L. Williams.
Consultant (Exhibit 2). Planning Staff and Planning Board are
recommending approval. 11
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. 989 by title only. Attorney Cook read proposed Ordinance No. 989 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA, AMENDING ORDINANCE 716, LAND DEVELOPMENT REGULATIONS,
PARTICULARLY SECTION 90-401 OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90-402 OF THE
LAND DEVELOPMENT REGULATIONS, SECTION 90-403 OF THE LAND DEVELOPMENT REGULATIONS,
SECTION 90-404 OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90-405 OF THE LAND
DEVELOPMENT REGULATIONS, SECTION 90-406 OF THE LAND DEVELOPMENT REGULATIONS, AND
SECTIONS 90-407 TO 90-440 OF THE LAND DEVELOPMENT REGULATIONS, REVISING THE PLANNED UNIT
DEVELOPMENT (PUD) DISTRICT AND RENAMING IT TO MIXED -USE PLANNED UNIT DEVELOPMENT (PUD-M)
AND ADDING DIVISION 13 FOR THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD-R) DISTRICT;
PROVIDING FOR AN EFFECTIVE DATE."
2. a) Motion to adopt Ordinance No. 989. Council Member Markham moved to adopt proposed Ordinance No. 989 seconded by Council Member L. Williams.
b) Public discussion and comments. Mr. Brisson began the discussion by reviewing a memorandum dated June 22, 2007, focusing on the items changed
to address direction given at the June 5, 2007 City Council as follows: a. Deleted all references to mobile homes as
allowable uses in the PUD-M and PUD-R districts. b. Added requiremerTtsto both the PUD-M and PUD-R districts.
to require underground utilities and for all development in these districts to be connected to central water and sewer.
c. Added text suggested by the City Attorney to more clearly describe allowable accessory uses and structure in both
the PUD-M and PUD-R districts. d. Moved the General Development Review Standards to Division 14, so that these
standards will be used in evaluating and establishing conditions for both the PUD-M and PUD-R districts. e. Replaced
the text recommended by the Planning Board as contained in Section 90-428, General Development Review
Standards, in the first paragraph of subsection (2) Compatibility and relationship to adjacent property, with language
suggested by the City Attorney. f. Added provisions under Section 90-429, pertaining to application requirements,
to be consistent with Policy 2.1 of the Future Land Use Element of the Comprehensive Plan.
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VIII. PUBLIC HEARING CONTINUED.
B. 2. b) Public comments and discussion continued.
The first area of discussion was on Section 90-429(13) requiring that "A fiscal impact study of the proposed project
demonstration net fiscal benefit to the City (PUD-M only)." Mr. Brisson asked whether the Council would want the fiscal
impact study fee for PUD-R also? A PUD-M must be at least 30 acres, a PUD-R can be as small as 5 acres. The
consensus of the Council was to leave it for PUD-M only at this time.
The Council then asked various questions, such as whether the zero lot lines were still in the regulations? Mr. Brisson
replied `yes." A permitted use listed is a night club, how would that affect churches and day cares from the distance
requirements for selling alcohol? The distance requirements for the sale or consumption of alcohol will remain the
same, as well as adult entertainments and other restricted regulations. Mobile Home and RV Parks as a permitted use
was deleted. The Mayor and Council noted again their concerns for creating areas that are compact or cluster
neighborhoods. This is a big step for the City, and appears to be the type of housing that many people want to have
the option of living in, as other municipalities have the same type of zoning districts and regulations. Each also noted
their appreciation to City Staff, Planning Staff and the Planning Board for their diligence and hard work on this issue.
Mayor Kirk asked whether there were any comments or questions from the public? Mr. Jeff Sumner of LBFH
Engineering, commended the Staff and the Council for their efforts with the ordinance. He stated that there is a market
for houses being built on smaller lots. He questioned the fiscal impact study, his understanding is the fiscal impact
analysis for the PUD-M is required as part of the Comprehensive Plan change to Residential Mixed Use designation,
is this for the zoning process also? Mr. Brisson replied, that will be part of the rezoning petition as well, as it states
in the Comprehensive Plan that as individual zoning to PUD is submitted to the City, a fiscal impact study is required.
Attorney Ken Treadwell, for Royal Professional Builders, commended the City and Planning Staff, as well as the
Council for adopting regulations that will provide flexibility for developers with the constraints and restrictions the City
needs. This will be welcomed by the community. The ordinance appears to be a tool that can be used and could be
beneficial to this community.
Attorney Cook agreed with Clerk Gamiotea regarding corrections that needed to be addressed in the final draft of the
ordinance due to the latest changes by Planning Staff. Council Member Watford moved to amend proposed Ordinance
No. 989 as follows: to the title add "AND RENAMING IT TO MIXED -USE PLANNED DEVELOPMENT (PUD-M)" after
"...(PUD) DISTRICT. . ."; Page 2 paragraph (d) of Section 90-401 change 90-434 to 90-428 and 90-437 to 90-433•
Page 2 paragraph (e) of the same Section change 90-406 to 90-405• Page 6 paragraph (d) of Section 90-416:
change 90-434 to 90-428 and 90-437 to 90-433: and Page 11 in Section 90-431 change 90-437 to 90-433: seconded
by Council Markham.
JULY 3, 2007 - REGULAR MEETING - PAGE 6 OF 18
817
VIII. PUBLIC HEARING CONTINUED.
B. 2, b) Public comments and discussion continued. VOTE TO AMEND
I III KIRK - YEA MARKHAM - YEA WATFORD - YEA
c) Vote on motion.
C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION TO AMEND CARRIED.
Mayor Kirk asked whether there was any further discussion from the Council, Staff or the public. The only item noted
was by Mayor Kirk, his only objection is allowing the zero lot lines. However, the majority of the Council is in agreement
with it and therefore he would support the majority.
VOTE AS AMENDED
KIRK - YEA MARKHAM - YEA WATFORD - YEA
C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION AS AMENDED CARRIED.
C.1. a) Motion to read by title only proposed Resolution No. 07-08
Council Member Watford moved to read by title only, proposed Resolution No. 07-08 regarding the preliminary rate
regarding the preliminary rate assessment of Solid Waste Collection
assessment of Solid Waste Collection and Disposal Services; seconded by Council Member L. Williams.
and Disposal Services - Jeff Sabin, Waste Management/City
Administrator (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 Resolution No. 07-08 by title only.
Attorney Cook read proposed Resolution No. 07-08 by title only as follows: "A PRELIMINARYRATE RESOLUTION
OF THE CITY OF OKEECHOBEE, FLORIDA PURSUANT TO THE SECTION 2.08, ORDINANCE NO. 748
RELATING TO THE PROVISION OFSOLID WASTE COLLECTIONAND DISPOSAL SERVICES; SETTING FORTH
A BRIEF DESCRIPTION OF SOLID WASTE SERVICES PROVIDED; DETERMINING THE SOLID WASTE
ASSESSED COST FOR THE UPCOMING FISCAL YEAR; ESTABLISHING THE ESTI MATED ASSESSMENT RATE
FOR THE UPCOMING FISCAL YEAR; AUTHORIZING AND SETTING A PUBLIC HEARING TO CONSIDER
COMMENTS FROM THE PUBLIC CONCERNING ADOPTION OFANANNUAL RATE RESOLUTION; DIRECTING
THE CITYADM/NISTRATOR TO UPDATE THE ASSESSMENT ROLL; AND TO PROVIDE NECESSARYNOTICE
THEREOF TO AFFECTED LANDOWNERS IN THE CITY OF OKEECHOBEE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE."
DULY 3, 2007 - REGULAR MEETING - PAGE 7 OF 18
VIII. PUBLIC HEARING CONTINUED.
C. 2. a) Motion to adopt Resolution No. 07-08.
b) Public comments and discussion.
c) Vote on motion.
D.1. a) Motion to read by title only, proposed Resolution No. 07-09
regarding the provisions of Solid Waste Collection and Disposal
Services - Jeff Sabin, Waste Management/City Administrator
(Exhibit 4).
Council Member Markham moved to adopt proposed Resolution 07-08; seconded by Council Member L. Williams
Mayor Kirk asked whether there were any questions or comments from the public? There were none. He then opened
the floor for discussion, noting that Mr. Sabin of Waste Management was present to answer any questions or concerns
the Council may have.
Mr. Jeff Sabin, Manager of the Division of Government Affairs for Waste Management responded to Council Member
Watford's question about what can be done to increase recycling in the community? Mr. Sabin replied that the
company is known to be the largest in the United States for curb side recycling, they have been challenged by
municipalities to increase participation, divert more tonnage and raise awareness. They are working on a new program
called "Single Stream." Instead of separating materials for the two-way sort curb recycling, there will be only one bin
in which all recyclable materials will be placed. They will be presenting the Single Stream Curb Recycling Program
to the County so that this may become countywide, with the City being the "Hub" and already participating.
Council Member C. Williams requested that debris and waste be picked up at 1008 Southwest 14"' Street, where a
tree has been cut down by the owner and it had not been picked up for several weeks. Mr. Chris Hickman, Operations
Manager of Waste Management informed Mr. Williams that this matter will be taken care of. Mr. Sabin noted that due
to hurricane preparations by property owners the yard debris removal schedule has been delayed.
Clerk Gamiotea explained that this resolution is the estimated rate to be put on the assessment role as a non ad -
valorem tax. Last year's assessment was three hundred fifty-six thousand two hundred twenty dollars ($356,220.00).
This year's assessment is three hundred seventy-one thousand, eight hundred sixty-two dollars ($371,862.00).
KIRK - YEA
C. WILLIAMS - YEA
MARKHAM - YEA
L. WILLIAMS - YEA
WATFORD - YEA
MOTION CARRIED.
Council Member Watford moved to read by title only, proposed Resolution No. 07-09 regarding the provision of Solid
Waste Collection and Disposal Services; seconded by Council Member L. Williams.
DULY 3, 2007 - REGULAR MEETING - PAGE 8 OF 18
•
VIII. PUBLIC HEARING CONTINUED.
D.1. b) Vote on motion to read by title only.
c) City Attorney to read proposed Resolution No. 07-09 by title only.
2. a) Motion to adopt Resolution No. 07-09.
b) Public comments and discussion.
c) Vote on motion.
CLOSE PUBLIC HEARING.
VOTE
KIRK - YEA MARKHAM - YEA WATFORD - YEA
C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED.
Attorney Cook read proposed Resolution No. 07-09 by title only as follows: "A RESOLUTION OF THE CITY OF
OKEECHOBEE, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL
SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTE COLLECTION ASSESSMENT PREVIOUSLY
ESTABLISHED BY RESOLUTION 01-08; ADOPTING THE ANNUAL RATE RESOLUTION AS PERMITTED BY
ORDINANCE 784 FOR FISCAL YEAR 2007-2008, APPROVING THE PRELIMINARY RATE RESOLUTION; AND
CERTIFYING THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA STATUTES
197.3632(4)(5) AS NECESSARY UNDER FLORIDA STATUTES 197.3632, PROVIDING FOR PUBLIC HEARING
AND COMMENT, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE."
Council Member Markham moved to adopt proposed Resolution 07-09; seconded by Council Member L. Williams.
Mayor Kirk asked whether there were any questions or comments from the public? There were none.
Council Member C. Williams stated that the rate increase per year is too generous. Administrator Whitehall remarked
that the City has researched other bids for Solid Waste Collection throughout the Treasure Coast and found it is best
to continue with Waste Management. The last amendment the Council approved allowed for a built-in cost of living
increase. Based on the May 2007 CPI, they were entitled to a 2.7 percent increase. Clerk Gamiotea explained that
this resolution is the actual rate to be adopted. Last year's costs were two hundred eight dollars and fifty-six cents
($208.56), this year's cost is two hundred thirteen dollars and ninety-six cents ($213.96).
VOTE
KIRK - YEA MARKHAM - YEA WATFORD - YEA
C. WILLIAMS - YEA
L. WILLIAMS - YEA
MAYOR KIRK CLOSED THE PUBLIC HEARING AT 7:39 P.M.
MOTION CARRIED
DULY 3, 2007 - REGULAR MEETING - PAGE 9 OF 18
IX. NEW BUSINESS.
A.1. a) Motion to read by title only and set final public hearing date for
_August 7, 2007 for proposed Ordinance No. 992, Rezoning Petition
No. 07-008-R, submitted by Steven Dobbs/Insite Development,
changing Blocks 11, 12, 21, and 22, City of Okeechobee, from
Single Family (SF) to Multi -Family (MF) - City Planning Consultant
(Exhibit 5). Planning Board is recommending approval.
Council Member Watford moved to read by title only, and set August 7, 2007 as a final public hearing date for
proposed Ordinance No. 992, Rezoning Petition No. 07-008-R, submitted by Steven Dobbs/Insite Development,
changing Blocks 11,12, 21, and 22, City of Okeechobee, from Residential Single Family -One (RSF-1) to Residential
Multiple Family (RMF); seconded by Council Member L. Williams.
b) Vote on motion to read by title only and set final public hearing date. III VOTE
KIRK - YEA MARKHAM - YEA WATFORD - YEA
C. WILLIAMS - YEA
L. WILLIAMS - YEA
MOTION CARRIED.
c) City Attorney to read proposed Ordinance No. 992. Attorney Cook read proposed Ordinance No. 992 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A
CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE
FAMILY -ONE (RSF-1) ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RMF) 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. 992. 111 Council Member Markham moved to approve the first reading of proposed Ordinance No. 992; seconded by Council
Member L. Williams.
b) Discussion. The ordinance changes the zoning district for Blocks 11,12, 21 and 22, City of Okeechobee Subdivision, from RSF-1
to RMF. The vacant property is located between Northwest 5tn and 7tn Avenues and Northwest 111h and 131h Streets
and is approximately 11.29 acre(s). The rezoning petition was submitted by Steve Dobbs, on behalf of property owner
InSite Development Group, LLC. There were 16 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 rezoning petition at their June
21, 2007 meeting and voted unanimously to find the rezoning consistent with the Comprehensive Plan. They are
recommending the City Council approve the rezoning.
DULY 3, 2007 - REGULAR MEETING - PAGE 10 OF 18 821
IX. NEW BUSINESS CONTINUED.
A. 2. b) Discussion continued. The Planning Staff is recommending approval as well, based on the following finding of facts:
1. As prescribed by the Comprehensive Plan (Policy 2.1(b)), lands developed under the Multi -Family Residential
Future Land Use Category are permitted to have apartments, duplexes, condominiums, single family houses and
public facilities at a maximum density of 10 dwelling units per acre. The applicant's request to develop the property
with multi -family development is not contrary to this requirement.
2. Section 90-192 (2 and 3) allows two-family dwellings and multi -family dwellings as permitted uses in the RMF
Zoning District.
3. The proposed use will not adversely affect the public interest.
4. Although most of the surrounding existing land uses in this location appear to be vacant lands, this location (in
terms of future uses) has been rapidly transitioning into a multi -family neighborhood. As a result of these changes,
the proposed multi -family use would be appropriate for this location and compatible with the adjacent mixture of uses
which surrounds the property. The use would not be detrimental to urbanizing land use patterns.
5. By allowing this development, it does not appear that it would adversely affect property values or living conditions
of adjacent property. The proposed multi -family development may, in fact, encourage the development of surrounding
properties.
6. This use may be required to be buffered from surrounding uses. During the Site Plan Review phase, the Technical
Review Committee will determine whether the proposed development poses any adverse impacts or hazards to the
neighborhood.
7. The overall density for Multi -Family at this location was discussed during the Small Scale Plan Amendment
approval, but specific traffic impacts on the logical traffic distribution points for intersections and road links need to be
discussed further. Sewer and water services seem to be planned for in terms of future service.
8. Specific traffic issues are being discussed with the Applicant's Traffic Consultant in order to determine the likely
traffic distribution impacts and possible improvements necessary to accommodate this proposed rezoning and
development. Flooding and drainage problems will be handled during the Site Plan Review by the Technical Review
Committee.
822
JULY 3, 2007 - REGULAR MEETING - PAGE 11 OF 18
IX. NEW BUSINESS CONTINUED.
A. 2. b) Discussion continued.
c) Vote on motion.
Planning Staff Report continued: 9. The only restrictions which have been placed on this property are those within
the City's Comprehensive Plan and the Land Development Code.
10. By allowing this change the City will not be conferring special privileges to the applicant which would contrast with
the public welfare.
In conclusion, Planning Staff noted that impacts to public facilities, schools, and traffic congestion were all undertaken
during the applicant's submittal for the Small -Scale Future Land Use Map Amendment.
Mr. Steve Dobbs, Rudd Jones and Associates, was present and stated they were able to put the City Staff and Planner
at ease with their traffic study. The study was based on 256 units in which they are only asking to approve 230 units.
There is a high volume of traffic on Northwest Y' Street and Highway 441 already, and the study shows that there will
not be a significant volume of traffic added with this development. When a light is warranted by the Department of
Transportation (DOT), the Homeowners Association will be willing to take their responsibility.
Mr. John Kim, McMahon Associates, addressed the Council with their questions. Council Member Watford questioned
a sentence from the July 2, 2007 memorandum being: Traffic impact studies are required to perform capacity analysis
for major roadways, not local roadways. His question being: this project does not impact the local roads or you do
not think you should consider the local roads? Mr. Kim replied that they assumed all traffic will access Highway 441
and not trickle through the local roads significantly. This project will not negatively affect any local roads.
Council Member C. Williams also noted to add that Northwest 91h Avenue and Northwest Y' Street, West of the project,
will also become affected by this development and will need a traffic light in the future. Currently it is a problem with
the traffic during school hours. There were no objections. This is the final portion to be rezoned for this project.
KIRK - YEA
C. WILLIAMS - YEA
MARKHAM - YEA
L. WILLIAMS - YEA
WATFORD - YEA
MOTION CARRIED.
REGULAR
U MEETING OF 18
823
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IX. NEW BUSINESS CONTINUED.
I
B.1. a) Motion to read by title only and set final public hearing date for
Council Member Watford moved to read by title only, and set final public hearing date for August 7, 2007 for proposed
August 7, 2007 for proposed Ordinance No. 993, Rezoning Petition
Ordinance No. 993, Rezoning Petition No. 07-009-R, submitted by Brad Goodbread on behalf of G4 Land & Cattle
No. 07-009-R, submitted by Brad Goodbread on behalf of G4 Land
and George Goodbread, rezoning Lots 1-4 of Block 2, Royal Oak Addition from RSF-1 to CLT; seconded by Council
& Cattle and George Goodbread, rezoning Lots 1-4 of Block 2,
Member C. Williams.
Royal Oak Addition from RSF-1 to CLT - City Planning Consultant
(Exhibit 6). Planning Board is recommending denial.
b) Vote on motion to read by title only and set final public hearing date.
VOTE
KIRK - YEA MARKHAM - YEA WATFORD - YEA
C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED.
c) City Attorney to read proposed Ordinance No. 993.
Attorney Cook read proposed Ordinance No. 993 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A
CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE
FAMIL Y-ONE (RSF-1) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT; AMENDING THE
ZONING MAP ACCORDINGL Y; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE.,,
2. a) Motion to approve the first reading of proposed Ordinance No. 993.
11 Council Member Markham moved to approve the first reading of proposed Ordinance No. 993; seconded by Council
Member L. Williams.
b) Discussion. This ordinance changes the zoning district for Lots 1 through 4 of Block 2, Royal Oak Addition Subdivision, from RSF-1
to CLT. The property is located at 2104 Southwest 2"d Ave and is approximately 0.650 acre(s). The petition was
submitted by Brad Goodbread, on behalf of property owner(s) G4 Land & Cattle, Co, and George A. Goodbread.
There were 22 notices sent to the surrounding property owners. 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 applicant
was present to answer questions.
The Planning Board reviewed the application at their June 21, 2007 meeting and voted five to one that the petition was
not consistent with the Comprehensive Plan. They are recommending the City Council denythe petition.
824 DULY 3, 2007 - REGULAR MEETING - PAGE 13 OF 18
IX. NEW BUSINESS CONTINUED.
B. 2. b) Discussion continued. III Mr. Brisson reviewed the Planning Staff Report and based on the following finding of fact, they are recommending
denial as well:
1. The proposed commercial parking lot and CLT zoning would be contrary to the Comprehensive Plan requirements.
The City's Plan prohibits encroachment into residential neighborhoods and should this request be allowed it would be
seen as allowing commercial encroachment into this particular residential neighborhood with more intense commercial
changes to follow.
2. This property is being proposed for a commercial parking lot. This is not specified under Section 90-252 of the
Land Development Code as a permitted use within the CLT Zoning District. Parking facilities are usually viewed as
accessory uses to already established or proposed commercial uses on a property.
3. The proposed parking lot and the applicant's requested CLT Zoning District could have an adverse effect on the
public interest in the form of premature change to commercial in an established residential neighborhood.
4. This commercial use is not appropriate for this residential location. It would not be compatible with the
predominantly residential character of the neighborhood and would be detrimental to urbanizing land use patterns.
5. A parking lot could adversely affect property values and/or living conditions in the area. But more important, the
possible future uses of this property will pose a more serious situation for the neighborhood. Should the CLT zoning
be allowed, the following commercial uses could be permitted on the property: Professional Office, Business Office,
Medical Office, Retail Store, Retail Service, Personal Service and Craft Studio. Special exception uses which could
be allowed on the property are: Restaurant, Cafe, Dry Cleaner, Laundry, Private Club, Nightclub, Business School,
Radio, Television or Cable Reception, Transmission or Operational Facilities, Commercial Indoor Recreation,
Commercial Parking Garage or lot, Taxistand, Outdoor Vehicle Sales lot, House of Worship, Marina, Dock, Pier,
Enclosed Storage, Public Facility or use and Public Utility. Permitted uses in excess of 45 feet in height, One dwelling
unit per commercial building or Group home. With the exception of churches, none of these uses are development
or improvement of adjacent property.
6. The use could be buffered from the surrounding uses.
7. Density would not be an issue for this particular case.
IX. NEW BUSINESS CONTINUED.
B. 2. b) Discussion continued.
DULY 3, 2007 - REGULAR MEETING - PAGE 14 OF 18
Planning Staff Report continued: 8. The proposed use will not create traffic congestion, flooding or drainage
problems, or otherwise affect public safety. There has been no documentation submitted by the applicant which could
prove that these issues would not be a problem.
9. The only restrictions being placed on this property are those which are set forth in the City's Comprehensive Plan
and its Land Development Regulations.
10. Based on the above information, granting the proposed change could be construed as conferring special privileges
to this individual owner as contrasted with the public welfare.
Mr. Brisson noted that a petition for the same property was denied in February 6, 2007 by the City Council. It has been
brought back before the Council since the owner has a potential buyer. Council Member Markham asked Mr. Brisson
whether the decision of the Planning Staff for denial is based on traffic impact or because it is incompatible? Mr.
Brisson replied that the applicant has not presented a traffic study, nor any data pertaining to drainage and flooding.
Council Member Watford asked whether there was any type of mechanism in place to guarantee the proposed use
would be the only use? Mr. Brisson and Attorney Cook replied, there is not, once the zoning has been changed, it can
be used for any permitted use listed for CLT.
Council Member L. Williams noted for the record that she discussed the project and reviewed the site plan with the
applicant and several surrounding property owners. She agrees with this rezoning as the proposed intention has
swayed her decision to be in the best interest for the community. Council Member Watford noted as well for the record
that he has discussed the rezoning with the applicant prior to this meeting. He stated that in most situations he
receives phone calls objecting proposals, but in this case, it has been different. He has received both objections and
approvals. He added that he would vote for a rezoning to CPO. However, that district does not permit parking lots,
which is the reason for the CLT request. The applicant will still have to process and obtain a special exception for the
development of a parking lot.
Mayor Kirk explained his main concern is the compatibility with the surrounding uses and increasing traffic. The area
is the second largest signaled traffic light in the City, being one block from Walmart, it is only natural that the area will
transition into commercial was the view from Council Member C. Williams
825
JULY 3, 2007 - REGULAR MEETING - PAGE 15 OF 18
IX. NEW BUSINESS CONTINUED.
B. 2. b) Discussion continued.
c) Vote on motion.
Mayor Kirk asked whether there were any questions or comments from the public? Mr. Ed Bobbitt, surrounding
property owner, objected to this rezoning change. His concern is traffic, and should this pass then there will be other
rezoning changes in the area. Mr. Larry Julian, representing Janis Newcomer, spoke against the proposed rezoning
and use. Mr. Ed Sizemore, surrounding property owner, asked the Council to consider the recommendation of denial
made by the Planning Board and City Planner.
Mr. Goodbread distributed copies of a preliminary site plan for the property, as it relates to a proposed development
located just East of the subject property. The potential buyers are proposing a 3.0 acre development consisting of a
4,000 s.f. bank, a 5,000 s.f. upper scale restaurant, and a 12,900 s.f. retail/miscellaneous building. 136 parking sites
would be required for this size of a development. In order to meet the parking requirements, the four lots (subject
property) would be needed as a parking lot, requiring the rezoning. Mr. Goodbread has explained in the past that they
own the entire block except for two lots, which are owned by Mr. Sizemore.
KIRK - YEA
C. WILLIAMS - YEA
MARKHAM - YEA
L. WILLIAMS - YEA
WATFORD - NAY
MOTION CARRIED.
(Note for clarification: Mayor Kirk stated his objections to the proposed rezoning, those being the compatibility of
nearby uses and traffic impacts. The Mayor's vote is the same as the majority unless he votes to break a tie, therefore
his vote is noted with the majority, but he is not in favor of the rezoning.)
C. Discussion pertaining to the 2005 Disaster CDBG Housing Assistant The City entered into an interlocal agreement March 15, 2005, and adopted Resolution 06-08 on August 15, 2006 in
Plan - Debbie Belcher, County Grant Consultant (Exhibit 7). support of the CDBG Housing Assistance Plan. This is a buyout program to assist homeowners in repairs, replacement
or relocating with a buy-out option or order to recover from the Hurricanes. In this buy-out situation, the property is
purchased by the County and deeded to the City, or the County could pay for the purchase with the deed going directly
from the owners to the City. One grant requirement is that the deed prohibits a building from being on the property,
and that it will be owned in perpetuity by the County/City.
The County discussed their desire to include James and Lottie Boswell, 910 Northwest Y' Street, in the buyout
program, because of repeated severe flooding they have experienced. It would be appropriate for the City to own and
maintain the property since the property is located within the city limits. It is recommended that this property be used
for stormwater retention, or some other use that does not require a permanent building.
v vr. vrvvVU V�.f1fl I�ICGIIIYU-rNUC IV Vr i0
IX. NEW BUSINESS CONTINUED.
C. Discussion pertaining to the 2005 Disaster CDBG Housing Assistant
Plan continued.
Administrator Whitehall stated that the City will not incur demolition expenses and would accept the property after it
has been cleared and graded. We have the option of developing a water retention area or allow the nearby church
to use it for overflow parking, and they would maintain it. It cannot be sold or be built on. Attorney Cook cautioned that
the property may be subject to ad -valorem taxes should it be used for anything other than municipal purposes.
Council Member Watford moved to conceptually accept in accordance with the 2005 CDBG buyout program
for James and Lottle Boswell 910 Northwest 9m Street, with the City of Okeechobee accepting ownership and
maintenance of the property; seconded by Council Member L Williams.
VOTE
KIRK - YEA MARKHAM - YEA WATFORD - YEA
C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED.
D. Presentation of the third mural design and location - Maureen
Burroughs and Bridgette Waldau, Okeechobee Main Street.
Ms. Bridgette Waldau of Okeechobee Main Street addressed the Council and distributed a copy of the proposed third
Mural, which will be painted on the Embarq building located at 115 South Parrott Avenue. She stated that this mural
will be painted by artist Matt Budjinski, 26 years of age, from West Palm Beach, Florida. The theme of the mural is
the celebration of the Telephone History of Okeechobee which will feature the first telephone operator Byrd Sizemore
and lineman T.A. Sizemore. The Council requested that the mural reflect an area of Okeechobee in the mural with Mr.
Sizemore.
Council Member Watford moved to approve the third mural design to be at the Embarg Building located at 115
South Parrott Avenue depicting the history of the telephone in Okeechobee from 1917 to 1972• seconded by
Council Member L. Williams.
VOTE
KIRK - YEA MARKHAM - YEA WATFORD - YEA
C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED.
i
rourel
• •
DULY 3, 2007 - REGULAR MEETING - PAGE 17 OF 18
IX. NEW BUSINESS CONTINUED.
E. Discussion pertaining to the renewal of the City's health insurance - Mr. Scott Harris of Blue Cross Blue Shield addressed the Council regarding the renewal contract for the City's Health
Scott Harris, BCBS (Exhibit 8). Insurance Police. The new contract will begin on August 1, 2007. The renewal began with a 40 percent increase in
premiums. After negotiations, the proposal is a 15.10 percent increase. The proposed options are for those employees
that are on the HMO plan to pay the difference of sixty-eight dollars and fourteen cents ($68.14) in order to remain on
the HMO, which is the difference of the Blue Options PPO plan, or the employee can switch to the PPO plan. The City
will cover 100 percent of the PPO plan.
Council Member Watford moved to renew with City's Health Insurance Plan with Blue Cross/Blue Shield for
one year, accept the proposed City cap of four hundred forty dollars and eight cents ($ 440.08) with the HMO
contribution scenario; seconded by Council Member Markham.
VOTE
KIRK - YEA MARKHAM - YEA WATFORD - YEA
C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED.
An employee informational meeting will be scheduled with Mr. Harris to explain the employees' options.
F. Consider Permit Application for the 40'h Annual Speckled Perch Chamber of Commerce President, Mr. Darrell Donnelly and Director, Mrs. Brenda O'Connor, were present to discuss
Festival and Car Show/Motorcycle Show and Parade for February 6 the Chamber's request to reschedule the dates of the Speckled Perch Festival. For the past 39 years the festival has
-13, 2008 submitted by the Chamber of Commerce - Brenda been the second weekend in March. The Chamber has been working with the County Fair Association and due to the
O'Connor (Exhibit 9). 4-H Livestock Show and Sale, there are limited dates available to host the Festival without coinciding win the Fair.
The Chamber has decided to move the date of the Speckled Perch Festival to February 9 -10. The City Council
granted the Chamber an exclusive to the Parks for the Festival years ago. City Staff would normally process the
application for the use of the parks. However, the Administrator wanted a consensus or approval from the City Council,
since this would be changing the dates, and due to recent discussions involving the Hamrick Estate and their
objections to events the City has approved for the parks. The City Council consented to the change for the
Speckled Perch Festival as presented by the Chamber. Temporary Street Closing Applications will still be
processed through normal departments and procedures, with the City Council giving final approval.
G. Consider Permit Application for the Chobee Spring Fiesta and Car The City Council consented to the Chobee Spring Fiesta and Car/Motorcycle Show as presented by the
Show/Motorcycle Show for March 5 -12, 2008 submitted by the Chamber. Temporary Street Closing Applications will still be processed through normal departments and procedures,
Chamber of Commerce - Brenda O'Connor (Exhibit 10). 11 with the City Council giving final approval.
•
JULY 3, 2007 - REGULAR MEETING - PAGE 18 OF 18
k vr
IX. NEW BUSINESS CONTINUED.
H. Motion to approve canal cleaning proposal submitted by TSI
City Council instructed Administrator Whitehall to bid out the Canal Cleaning Project to remove and dispose of
vegetation, silt, sand or sluff from waterways, lake or creeks, and also asked Staff to research whether the canal of
Disaster Recovery Services, Inc. - City Administrator (Exhibit 11).
Taylor Cove, located behind Sun Trust Bank is the City's responsibility.
ITEM ADDED TO AGENDA: I. Motion to appoint a Voting Delegate to
Council Member Markham moved to appoint Administrator Whitehall to be the voting delegate representing
the City of Okeechobee for the Florida League of Cities; seconded by Council Member L. Williams.
represent the City at the August Florida League of Cities Annual Conference
- City Administrator.
VOTE
KIRK - YEA MARKHAM - YEA WATFORD - YEA
C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED.
X. ADJOURN MEETING.
THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 9:48 P.M.
The next regularly scheduled meeting is August 7, 2007.
James E. Kirk, Mayor
ATTEST: ;
Lane Gamiotea, CM City Clerk
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
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 publisheJ weekly at Okeechobee in Okeechobee,
Florida:
that the attached copy of advertisement,
being a Cancelled City Council Meeting Notice PO #13375
in the matter of City of Okee3hobee
City of Okeechobee _
55 SE Third Avenue
Okeechobee FL 34974-2932
In the — Court,
was published in said newspaper in the issues of 06/14/2007
Affiant further says that the said Okeechobee Times is a newspaper
published at Okeechobee, in said Okeechobee County, Florida, and
that said newspaper has heretofore been continuously published in
said Okeechobee, Florida ar a daily, weekly, or bi-weekly and has
been entered as second ci 3ss mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a period of one
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement
for publication in the said ne ,t, spaper.
JamesA. Hughes, Jr., (Publishe )
Sworn to and subscribed before me
this day ofc.�
A.D. 2007
- --------------------------
CANCELLED CITY COUNCIL
MEETING NOTICE
NOTICE IS HEREBY GIVEN that the
June 19, 2007, City of Okeechobee City
Council Meeting has been cancelled. The
next regularly scheduled meeting will be
on Tuesday, July 3, 2007, 6:00 p.m. City
Hall, 55 SE 3rd Ave, Rm 200, Okeechobee,
Florida. The public is invited and
encouraged to attend; For a copy of the
agenda contact City Administration at (863)
7633372 x 212.
PLEASE TAKE NOTICE AND BE
ADVISED that if any person desires to
appeal any decision made by the City
Council with respect to any matter
considered at this meeting, such interested
person will need a record of the
proceedings, and for such purpose may
need to ensure a verbatim record of the
proceedings is made, which record
includes the testimony and evidence upon
which the appeal is to be based. City Clerk
media are used for the sole purpose of
back-up for the Clerk's Office.
In accordance with the Americans with
Disabilities Act (ADA) and Florida Statute
286.26, persons with disabilities needing
Spec
ial accommodation to participate in
this proceeding should contact Lane
Gamiotea, no later than two (2) working
days prior to the proceeding at 863.763-
3372 x 214; if you are hearing or voice
impaired, call TDD 1-800-222-3448 (voice)
or 1-888-447-5620 (TTY).
by: James E. Kirk, Mayor
Lane Gamlotea, CMC, City Clerk
Pubfish: 08/14,2=
Okeechobee Times
(SEAL) Notary Public Y';u� icjIseate(, !k, Brennan
`^ =- ommission 4DD318483
Expires: Jun 25, 2008
"rEJo f`oQ,: Bonded Th1u
Atlantic Bonding Co., Inc.
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 Councjl Meeting PO #013383
in the matter of City of Okee _nobee
City of Okeechobee
55 SE Third Avenue
Okeechobee, FL 34974-2932
In the Court,
was published in said newspaper in the issues of 06/28/2007
Affiant further says that the said Okeechobee Times is a newspaper
published at Okeechobee, in said Okeechobee County, Florida, and
that said newspaper has heretofore been continuously published in
said Okeechobee, Florida as a daily, weekly, or bi-weekly and has
been entered as second c;3ss mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a period of one
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement
for publication in the said newspaper.
�J n
James A. 4ughes, Jr., (Publisher)
Sworn to and subscribed before me
this %�.''ti day of��
A.D. 2007
(SEAL)
Notary Public OSfatPe A. B1eTll]aTf
Commission #DD318483
Expires: Jun 25, 2008
9; • ... • e° Bonded Th-
......` °: Atlantic Bonding Co-, Inc-
---------------- - -------- ---
CITY COUNCIL MEETING NOTICE
NOTICE IS HEREBY GIVEN that the
City Council of the City of Okeechobee will
meet in Regular Session on Tuesday, July 3,
2007, 6:00 p.m. at City Hall, 55 SE 31d Ave,
Rm 200, Okeechobee, Florida. The public is
invited and encouraged to attend For a copy
of the agenda contact City Administration at
(863) 763-3372 x 212.
PLEASE TAKE NOTICE AND BE
ADVISED that if any person desires to appeal
any decision made by the City Council with
respect to any matter considered at this meeting,
such interested person will need a record of the
proceedings, and for such purpose may need to
ensure a verhatim record of the proceedings is
made, which record includes the testimony and
evidence upon which the appeal is w be based.
City Clerk Media is for the sole. purpose of hack -
up for official records of the. Clerk.
In accordance with the Americans with
Disabilities Act (ADA) and Florida Statute
286.26, persons with disabilities needing special
accommodation to participate in this proceeding
should contact Lane Gamiotea, no later than
two (2) working days prior to the proceeding
at 863-763-3372 x 214; if you are hearing or
voice impaired, call TDD 1-800-222-3448
(voice) or 1-888-447-5620 (7TY)-
by James E. Kirk, Mayor .
Lane. Gamiotea, CMC, City Clerk
Pa bl �,h- 061182607
Ikeechr> cc To-,
Page -1-
CITY OF OKEECHOBEE - July 3, 2007 - REGULAR CITY COUNCIL MEETING.
HANDWRITTEN MINUTES
CALL TO ORDER - Mayor: Kirk, July 3, 2007, City Council Regular Meeting 6:00 p m
II. OPENING CEREMONIES: Invocation -given by Reverend Jim Dawson First United Methodist
Church; Pledge of Allegiance led by Mayor.
III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk.
Mayor James E. Kirk
Council Member 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 Robertson
Present
Absent
I�
V
Lp i�
X
X
X
t:1D M
IV. PRESENTATIONS AND PROCLAMATIONS - Mayor.
A. Mayor Kirk was to present to Mr. Jeff Baugh a twenty year longevity service award that consisted of
two hundred fifty dollars ($250.00), and a plaque which read: "In recognition of your outstanding
service to the City and its Residents as an Employee of the City of Okeechobee for twenty years." Mr.
Baugh began his career with the City on June 29, 1987 as a Firefighter Trainee. On December 30,
1987 he completed Fire Academy to become a certified Firefighter. He was promoted to Lieutenant
on January 17, 1991 where he continues to serve in this capacity as well as a Certified Fire Inspector.
Mr. Baugh was unable to attend the meeting due to a conflicting previous engagement out of town.
V. MINUTES - City Clerk.
A. Council Member moved to dispense with the reading and approve the
Summary of Council Action or the June 5, 2007 Regular Meeting, the June 7, 2007 Special Meeting
and the June 26, 2007 Special Meeting; seconded by Council Member b('i
VOTE
YEA NAY ABSTAIN ABSENT
KIRK
C. WILLIAMS
v
MARKHAM
WATFORD
L. WILLIAMS
�/
MOTION: DENI
RRIED
Page -2-
VI. WARRANT REGISTERS - City Administrator.
A. Council Member 1'�1.� moved to approve the June 2007 Warrant Register in the
amounts of: General Fund, four hundred sixty-three thousand, seven hundred thirty-six dollars and
eighty-one cents ($463,736.81), Community Development Block Grant (CDBG) Fund, two hundred
sixtythousand, four hundred sixty-six dollars ($260,466.00); Public Facilities Improvement Fvpd, three
hundred fifty-three dollars and thirty-two cents ($353.32) seconded by Council Member
VOTE YEA NAY ABSTAIN ABSENT
KIRK ✓
C. WILLIAMS
MARKHAM v
WATFORD
L. WILLIAMS
MOTION: DENIED �RRIE�
VII. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's agenda. PW6
Dar, � OPP0
Vill. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE AND RESOLUTION ADOPTION
AT P.M.
A.1.a) Council Member moved to read by title only, proposed Ordinance No. 986
regarding Rezoning Petitiol No. 07-004-R, submitted by Muhammad Noorudin/A.M.S.A. Holdings,
LLC, changing Lots 3 - 6 of Block 78, City of Okeechobee, from RSF-1 to CPO - City Planning
Consultant (Exhibit 1); seconded by Council Member n (I )
b) Vote on motion.
VOTE YEA NAY ABSTAIN ABSENT
KIRK
C. WILLIAMS v
MARKHAM
WATFORD
L. WILLIAMS
MOTION: DENIE /CARRIE .
c) IYlOu� read proposed Ordinance No. 986 by title only as follows: "ANORDINANCEOFTHE
CITY OFOKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE
BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN,
FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO COMMERCIAL
PROFESSIONAL OFFICE (CPO) ZONING DISTRICT; AMENDING THE ZONING MAP
ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE."
2. a) Council Member moved to adopt proposed Ordinance No. 986 seconded by
Council Member (4�
b) Public comments and discussion.
�s =nd during the first reading held on June 5, 2007, this ordinance amends the zoning
designation on Lots 3 to 6 of Block 78, City of Okeechobee from RSF-1 to CPO. The property is located at 608
Northeast 2nd Avenue. The petition was submitted by Muhammad Nooruddin on behalf of property owner,
A.M.S.A. Holdings, LLC. There were 24 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, date and times of both the
Planning Board and City Council public hearings. The Planning Board reviewed the at their May
17, 2007 meeting and voted unanimously to find the petition consistent with the Comprehensive Plan, therefore 4At, dX
recommending approval to the City Council. This application is related to Comprehensive Plan Future Land
Use Map Amendment Application No. 07-006-SSA, approved at the June 5 meeting.
Page -3-
briefly reviewed the Planning Staff Report recommending approval based on the following
followings:
1. The proposed zoning is not-contraW to the general Comprehensive Plan requirements for properties
classified as Commercial on the Future Land Use Map. Additionally, the requested zoning change to CPO
would be most compatible with this specific neighborhood as there are already properties on this block with
the same zoning and being used in a similar way.
2. The proposed use being applied for is specifically authorized under the Zoning District in the Land
Development Regulations.
3. The proposed use will not have an adverse effect on the public interest.
4. The use being proposed is a home health office, is appropriate for the location proposed, is reasonably
compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. CPO
zoning would be more compatible with adjacent land uses. Office use is not contrary or detrimental to
urbanizing land use patterns and would be accommodated in the CPO District. The Future Land Use to the
North is IND, to the East and West is C and the South is a mix of C and SF. The zoning to the North is IND,
to the South is CPO and RSF-1, to the East is CPO and the West is CHV. The existing land use to the North
is vehicle sales and open storage (Johns Towing), the South is vacant and residences, the East is Big
Lake Baptist Association Offices and the West is a warehouse%ffice for P&H Mobile Hauling Services.
5. The proposed rezoning to CPO will not adversely affect property values or living conditions, nor will it be
a deterrent to the improvement or development of adjacent properties.
6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any
nuisance or hazard to the neighborhood.
7. The proposed zoning will not create a density pattern that would overburden public facilities such as
schools, streets, and utility services.
8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public
safety.
9. The proposed use has not been inordinately burdened by unnecessary restrictions.
10. The proposed change to CPO will not constitute a grant of special privilege to an individual owner as
contrasted with the public welfare.
�-- PUBLIC COMMENT&QUESTIONS:
+t
c) Vote on motion.
VOTE
YEA NAY ABSTAIN ABSENT
KIRK
v
C. WILLIAMS
MARKHAM
WATFORD
v
L. WILLIAMS C.--
MOTION: DENIE RRIE
Page -4-
B.1. a) Council Member moved to read by title only, proposed Ordinance No. 989
regarding Planned Unit Development (PUD) Regulations - City Planning Consultant (Exhibit 2);
seconded by Council Member
b) Vote on motion.
VOTE
YEA NAY ABSTAIN ABSENT
KIRK
C. WILLIAMS
MARKHAM
WATFORD
v-
L. WILLIAMS
MOTION: DENIED/ RRI .
c) Attorney Cook read proposed Ordinance No. 989 by title only as follows: "AN ORDINANCE OF THE
CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE 716, LAND DEVELOPMENT
REGULATIONS, PARTICULARLY SECTION 90-401 OF THE LAND DEVELOPMENT
REGULATIONS, SECTION 90-402 OF THE LAND DEVELOPMENTREGULA TIONS, SECTION90-
403 OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90-404 OF THE LAND
DEVELOPMENT REGULATIONS, SECTION 90-405 OF THE LAND DEVELOPMENT
.Z REGULATIONS, SECTION 90-406 OF THE LAND DEVELOPMENT REGULATIONS, AND
' n SECTIONS 90-407 TO 90-440 OF THE LAND DEVELOPMENT REGULATIONS, REVISING THE
PLANNED UNIT DEVELOPMENT (PUD) DISTRICT AND ADDING DIVISION 13 FOR THE
RESIDENTIAL PLANNED UNIT DEVELOPENT (PUD-R) DISTRICT; PROVIDING FOR AN
l EFFECTIVE DATE."
2. a) Council Member n moved to adopt proposed Ordinance No. 989 seconded by
Council Member `
-\
b) Public comments and discussion.
uvaf aA-it
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Page -5-
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c) Vote on motion.
VOTE YEA NAY ABSTAIN ABSENT S Gl, 61L,
KIRK L" �,U �, ll
C. WILLIAMS kt /Z)MARKHAM
WATFORD Pup
L. WILLIAMS
MOTION: DENI�-
P�.Sb
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Page -6-
C.1. a) Council Member moved to read by title only, proposed Resolution No.
07-08 regarding the preliminary rate assessment of Solid Waste Collection and Disposal Services -
Jeff bin, Waste Management/City Administrator (Exhibit 3); seconded by Council Member
b) Vote on motion.
VOTE YEA NAY ABSTAIN ABSENT
KIRK V
C. WILLIAMS
MARKHAM
WATFORD
L. WILLIAMS
MOTION: DENT CARR31E
c) Attorney Cook read proposed Resolution No. 07-08 by title only as follows: "A PRELIMINARYRATE
RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA PURSUANT TO THE SECTION2.08,
ORDINANCE NO. 748 RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND
DISPOSAL SERVICES; SETTING FORTH A BRIEF DESCRIPTION OF SOLID WASTESERVICES
PROVIDED; DETERMINING THE SOLID WASTEASSESSED COST FOR THE UPCOMING FISCAL
YEAR; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR THE UPCOMING FISCAL
YEAR; AUTHORING AND SETTING A PUBLIC HEARING TO CONSIDER COMMENTS FROM
THE PUBLIC CONCERNING ADOPTION OFAN ANNUAL RATE RESOLUTION; DIRECTING THE
CITYADMINISTRATOR TO UPDATE THEASSESSMENT ROLL; AND TO PROVIDE NECESSARY
NOTICE THEREOF TO AFFECTED LANDOWNERS IN THE CITY OFOKEECHOBEE; PROVIDING
FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE."
2. a) Council Member %i) moved to adopt proposed Resolution 07-08; seconded by
Council Member (AU )
b) Public comments and discussion.
I�W-
I qaL- ta , ?
flay"
e1,5�
Can 6-�-c W-ut-Q-Q-� 4z -Fc-Q �6u
P-
�S
gtvc�1, ql�Cix.�. � W15L�.fc� �a- �z ilwh d� 0.11n��l,��ds,
a �� are,, . FrccL5e, unc��L�- Vcd fi� cu4�-� rcz��e,�,
Puj--3Ltc - None,
,146 &hcm. `
kz cam, �� q
Ed�d Ccs� VtaA
c) Vote on motion, W-UD Ltd S�
VOTE YEA NAY ABSTAIN ABSENT
KIRK V P/(A wqckf
C. WILLIAMS
,/
MARKHAM
r/
WATFORD
✓'
L. WILLIAMS
MOTION: DENI4!RRiw
f'}} Page -7-
D.1. a) Council Member W moved to read by title only, proposed Resolution No. 07-09
regarding the provision of Solid Waste Collection and Disposal Services - Jeff Sabin, Waste
Managem nt/City Administrator (Exhibit 4); seconded by Council Member
i
b) Vote on motion.
VOTE YEA NAY ABSTAIN ABSENT
KIRK
C. WILLIAMS V
MARKHAM c/
WATFORD
L. WILLIAMS
MOTION: DENIED/ RRIED.
c) Attorney Cook read proposed Resolution No. 07-09 by title only as follows: "A RESOLUTION OF
THE CITY OF OKEECHOBEE, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE
COLLECTION AND DISPOSAL SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTE
COLLECTION ASSESSMENT PREVIOUSL Y ESTABLISHED BY RESOL UT1ON 01-08, ADOPTING
THE ANNUAL RATE RESOLUTION AS PERMITTED BY ORDINANCE 784 FOR FISCAL YEAR
2007-2008; APPROVING THE PRELIMINARY RATE RESOL UTION; AND CERTIFYING THE SOLID
WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA STATUTES 197.3632(4)(5) AS
NECESSARY UNDER FLORIDA STATUTES 197.3632; PROVIDING FOR PUBLIC HEARING AND
COMMENT; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE."
2. a) Council Member ni moved to adopt proposed Resolution 07-09; seconded by
Council Member
b) Public comments and discussion.
% qo (/xj,,�, - w's
06 "07
P25L�e
c) Vote on motion.
VOTE YEA NAY ABSTAIN ABSENT
KIRK t/
C. WILLIAMS
MARKHAM 1�
WATFORD
L. WILLIAMS
MOTION: DENI /CARRIED
MAYOR KIRK CLOSED THE PUBLIC HEARING AT __ P.M.
IX. NEW BUSINESS.
A.1. a) Council Member moved to read by title only, and set final public hearing date
for August 7, 2007 for proposed Ordinance No. 992, Rezoning Petition No. 07-008-R, submitted by
Steven Dobbs/Insite Development, changing Blocks 11, 12, 21, and 22, City of Okee hobeo, from
RSF-1 to RMF - City Planning Consultant (Exhibit 5); seconded by Council Member D
b) Vote on motion to read by title only.
VOTE YEA NAY ABSTAIN ABSENT
KIRK
C. WILLIAMS
MARKHAM
WATFORD v
L. WILLIAMS
MOTION: DENIE ARRIED
3 c) Attorney Cook read proposed Ordinance No. 992 by title only as follows: "AN ORDINANCE OF THE
CITY OFOKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE
BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN,
FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO RESIDENTIAL
MULTIPLE FAMIL Y (RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGL Y;
PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE."
2: a) Council Member xin _ move to prove the first reading of proposed Ordinance
No. 992; seconded by Council Member
b) Discussion.
This ordinance changes the zoning district for all of Blocks 11,12, 21 and 22, City of Okeechobee Subdivision from
RSF-1 to RMF. The vacant property located between Northwest 5" and 71h Avenues and Northwest 11" and 131h
Streets, and is approximately 11.29 acre(s). The rezoning petition was submitted by Steve Dobbs, on behalf of
property owner InSite Development Group, LLC. There were 16 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
rezoning petition at their June 21, 2007 meeting and voted unanimously to find the rezoning consistent with
the Comprehensive Plan, therefore, recommends approval to the City Council.
The Planning Staff is recommending approval as well based on the following finding of facts:
1. As prescribed by the Comprehensive Plan (Policy 2.1(b)), lands developed under the Residential Multi -
Family Future Land Use Category are permitted to have apartments, duplexes, condominiums, single family
houses and public facilities at a maximum density of 10 dwelling units per acre. The applicant's request to
develop the property with multi -family development is not contrary to this requirement.
2.. Section 90-192 (2 and 3) allows two-family dwellings and multi -family dwellings as permitted uses in the
RMF Zoning District.
& The proposed use will not adversely affect the public interest.
4. Although most of the surrounding existing land uses in this location appear to be vacant lands, this location
(in terms of future uses) has been rapidly transitioning into a multi -family neighborhood. As a result of these
changes, the proposed multi -family use would be appropriate for this location and compatible with the adjacent
mixture of uses which surrounds the property. The use would not be detrimental to urbanizing land use
patterns. The zoning for property to the North is RSF-1, to the South is PUB, to the East is RMF and the West
is in Holding. The future land use to the North and West is SF, the South is Public, the East is MF. The existing
land use to the North, East and some West are vacant, to the South is the Florida Department of
Transportation.
S.' By allowing this development, it does not appear that it would adversely affect property values or living
conditions of adjacent property. The proposed multi -family development may, in fact, encourage the
development of surrounding properties.
6- This use may be required to be buffered from surrounding uses. During the site plan review phase, the
Technical Review Committee will determine whether the proposed development poses any adverse impacts
or hazards to the neighborhood.
7. The overall density for Multi -Family at this location was discussed during the Small Scale Plan Amendment
approval, but specific traffic impacts on the logical traffic distribution points for intersections and road links need
Page -9-
to be discussed further. Sewer and water services seem to be planned for in terms of future service.
8. Specific traffic issues are being discussed with the Applicant's Traffic Consultant in order to determine the
likely traffic distribution impacts and possible improvements necessary to accommodate this proposed rezoning
and development (see enclosed memo). Flooding and drainage problems will be handled during the site plan
review by the Technical Review Committee.
9. The only restrictions which have been placed on this property are those within the City's Comprehensive
Plan and the Land Development Code.
10. By allowing this change the City will not be conferring special privileges to the applicant which would
contrast with the public welfare..
6e - no-Ee_d,- �- vz�ocuo ha,uR dzearn adc� .
I96T WW Q.Mty 9 IY �-
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bw
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�{,
c) Vote on motion.
VOTE YEA NAY ABSTAIN ABSENT
KIRK LI-1
C. WILLIAMS t/'
MARKHAM
WATFORD
L. WILLIAMS i
MOTION: DENI !ARRIED
Page -10-
B.1. a) Council Member Lu moved to read by title only, and set final public hearing date for
August 7, 2007 for proposed Ordinance No. 993, Rezoning Petition No. 07-009-R, submitted by Brad
Goodbread on behalf of G4 Land & Cattle and George Goodbread, rezoning Lots 1-4 of Block 2,
Royal Oak Addition from RSF-1 to CLT - City Planning Consultant (Exhibit 6).
b) Vote on motion to read by title only.
VOTE YEA NAY ABSTAIN ABSENT
KIRK
C. WILLIAMS v
MARKHAM
WATFORD
L. WILLIAMS
MOTION: DENIE CARRIE .
c) Attorney Cook read proposed Ordinance No. 993 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,
FROMRESIDENTIAL SINGLE FAMIL Y-ONE (RSF-1) ZONING DISTRICT TO LIGHT COMMERCIAL
(CLT) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR
CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE."
2. a) Council Member /`(i. move t appr ve the first reading of proposed Ordinance
- No. 993; seconded by Council Member
b) Discussion.
This ordinance changes the zoning district for Lots 1 through 4 of Block 2, Royal Oak Addition Subdivision, from
RSF-1 to CLT. The property is located at 2104 Southwest 2nd Avenue and is approximately 0.650 acre(s). The
petition was submitted by Brad Goodbread, on behalf of property owner(s) G4 Land & Cattle, Co, and George A.
Goodbread. There were 22 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 June 21, 2007
meeting and voted 5 to 1 that the petition was not consistent with the Comprehensive Plan and are
recommending denial to the City Council.
/2
Planning Staff is also recommending denial based on the following find of facts:
1. The proposed commercial parking lot and CLT zoning would be contrary to the Comprehensive Plan
requirements. The City's Plan prohibits encroachment into residential neighborhoods and if this request is
allowed it would be it could seen as allowing commercial encroachment into this particular residential
neighborhood with more intense commercial changes to follow.
2. This property is being proposed for a commercial parking lot. This is not specified under Section 90-252
of the Land Development Code as a permitted use within the CLT Zoning District. Parking facilities are usually
viewed as accessory uses to already established or proposed commercial uses on a property.
3. The proposed parking lot and the applicant's requested CLT Zoning District could have an adverse effect
on the public interest in the form of premature change to commercial in an established residential
neighborhood.
4: This commercial use is not appropriate for this residential location. It would not be compatible with the
predominantly residential character of the neighborhood and would be detrimental to urbanizing land use
patterns. The zoning to the North, South and West is RSF-1, to East is CHV. The future land use to the North,
Sputh ans West is SF and the East is C. The existing use to the North, South and West are residences, to the
East is vacant.
5. A parking lot could adversely affect property values and/or living conditions in the area. But more
importantly, the possible future uses of this property will pose a more serious situation for the neighborhood.
Should the CLT zoning be allowed, the following commercial uses could be permitted on the property:
Professional office, business office, medical office, Retail store, retail service, Personal service, Craft studio,
Special exception uses which could be allowed on the property are: Restaurant, cafe, Dry cleaner, laundry,
Private club, nightclub, Business school, Radio, television or cable reception, transmission or operational
facilities, Commercial indoor recreation, Commercial parking garage or lot, taxistand, Outdoor vehicle sales
lot, House of worship, Marina, dock, pier, Enclosed storage, Public facility or use, Public utility, Permitted uses
in excess of 45 feet in height, One dwelling unit per commercial building, Group home. With the exception of
churches, none of these uses are development or improvement of adjacent property.
Page -11-
6. The use could be buffered from the surrounding uses.
7. Density would not be an issue for this particular case.
8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public
safety. There has been no documentation submitted by the applicant which could prove that these issues
would not be a problem.
9. The only restrictions being placed on this property are those which are set forth in the City's Comprehensive
Plan and its Land Development Regulations.
10. Based on the above information, granting the proposed change could be construed as conferring special
privileges to this individual owner as contrasted with the public welfare.
havo Wao O)LLO" Max
. & L"x&
,gy�pp � � , �W A4Ok,�t
J
C9�Qh V t ( I Yk-t- coty P k �/L
1� C�-k - C, Job L5CL hvo dal altaz,4-
Cf-�-s ,old M s.n_w-��v� s _zpw. ice
,€ly cam- tC ISh ozi - cu-oxy ,�C a� �%l - �,-
PA
u D +W 4 % pW
C10i ( f9,0 'ScyU Wry
ct 4 uq UI-) tc�
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—S
PLLu _
0/uj 0,q� -
yam. au a �, OCU) tkx Wee MAi OL Wau, twatkvt h�o Ic�W U/
c) Vote on motion. ru{ CAS �(J CAS m � F10Z �f- l� W cA�Q�I �Q • P Y �4L
VOTE YEA NAY ABSTAIN ABSENT (� ������"��
KIRK `% -2 C �Lr lN� - 4Z4aq4
C. WILLIAMS ✓ �"�� L r �,UU�
MARKHAM �QL� U P �07 (.C��'1i, Y.�t► ilk
WATFORD ✓ fXtLffi 6)6 0- I K,�t� I�
L. WILLIAMS ✓
MOTION: DENIED RRIED. �� ( jJQ, &W (, /1y 1
&V-
&bAccl
die. �.Ct /I7C� ..YC�-
Page -12-
C. Discussion pertaining to the 2005 Disaster CDBG Housing Assistant Plan - Debbie Belcher, County
Grant Consultant (Exhibit 7).
The City entered into an interlocal agreement March 15, 2005, and August 15, 2006, Resolution 06-08, in
support of the CDBG Housing Assistance Plan which is a buyout program to be used to assist homeowners
to repair, replace or relocate with a buy-out option to recover from the Hurricanes. In this buy-out situation,
the property is purchased by the County and deeded to the City, or the County could pay for the purchase with
the deed going directly from the owners to the City. There is a CDBG requirement that the deed contain a
restriction that no building be placed on the property. and that it be owned in perpetuity by the County/City.
The County discussed their desire to include James and Lottie Boswell, 910 Northwest 91h Street, in the buyout
program, because of repeated severe flooding they have experienced. It would be appropriate for the City to
own and maintain the property since the property is located within the city limits. It is recommended that this
property be used for stormwater retention, or some other use that does not require a permanent building.
Council Member t k) moved to approve the CDBG-funded homeowner buyout for James and 'u J
Lot ie oswell, 910 Northwest 91h Street, with the City of Qkeechobee accepting ownership and maintenance
of the property; seconded by Council Member
Voteckzmion M� e
-t
VOTE YEA NAY ABSTAIN ABSENT
KIRK ✓ (J
C. WILLIAMS ✓ to'�_ (1>tiQ4tno'
MARKHAM
WATFORD 'f t'Ao:,,Pk;, h
L. WILLIAMS
MOTION: DENIE ARR— IEP`
Page -13-
D. Presentation of the third mural design and location - Maureen Burroughs and Bridgette Waldau,
Okeechobee Main Street.
Council Member W moved to approve the third mural design to be at the Embarq
Building located at seconded by Council Member
iIg17-/q7a
Vote on motion.
VOTE YEA NAY ABSTAIN ABSENT
KIRK
C. WILLIAMS
MARKHAM ✓
WATFORD ✓
L. WILLIAMS
MOTION: DENIE RIE
RUD
` � r
CL G-1- ' 6CA a4#�-
` J tC-1 /0�� two 14D C
Page -14-
E: Discussion pertaining to the renewal of the City's health insurance - Scott Harris, BCBS (Exhibit 8).
Motion b Council Member ��
Y � and seconded by Council Member_ to approve the
City's Health Insurance Contract with Blue Cross and Blue Shield for
MOTE YEA NAY ABSTAIN ABSENT O
KIRK
C. WILLIAMS v
MARKHAM
WATFORD v
L. WILLIAMS
MOTION: DENIED/ BRIE
�� • �d �- do-Lcq)
001( 0-+ - Plows
fad,
L � . 9c
Page -15-
F. Consider Permit Application for the 40" Annual Speckled Perch Festival and Car Show/Motorcycle
Show and Parade for February 6 - 13, 2008 submitted by the Chamber of Commerce - Brenda
O'Connor (Exhibit 9).
Council Member moved to approve the Permit Application for the 401h Annual
Speckled Perch Festival and Car Show/Motorcycle Show and Parade for February 6 -13, 2008; seconded by
Council Member _
Vote on motion.
VOTE YEA NAY ABSTAIN ABSENT
KIRK
C. WILLIAMS
MARKHAM
WATFORD
L. WILLIAMS
MOTION: DENIED/CARRIED.
Page -16-
G. Consider Permit Application for the Chobee Spring Fiesta and Car Show/Motorcycle Show for March
5 - 12, 2008 submitted by the Chamber of Commerce - Brenda O'Connor (Exhibit 10).
Council Member moved to approve the Permit Application for the Chobee Spring Fiesta
and Car Show/Motorcycle Show for March 5 -12, 2008; seconded by Council Member
VOTE YEA NAY ABSTAIN ABSENT
KIRK
C. WILLIAMS
MARKHAM
WATFORD
L. WILLIAMS
MOTION: DENIED/CARRIED.
Page -17-
H. Motion to approve canal cleaning proposal submitted by TSI Disaster Recovery Services, Inc. - City
Administrator (Exhibit 11).
TSI Disaster Recovery Services, Inc. has proposed to remove and dispose of vegetation, silt, sand or sluff from
waterways, lake or creeks. Debris will be removed in such a manner to prevent compromising the stabilized
banks, and will be cautious of property of individual homeowners. The price is $19.50 per cubic yard. The
estimated debris to be removed is 1950 cubic yard at $38,025.00,
v�-
S. FCC �e4u� �Cf�
mevt
X. MAYOR KIRK ADJOURNED THE MEETING AT 'C
juiy;s, 2007 - REGULAR CITY COUNCIL MEETING.
HANDWRITTEN MINUTES
CALL TO ORDER - Mayor: Kirk .lulu 3 2nn7 Qty Coundl RenulaLAOu ism
1I. !OPENING CEREMONIESi invocation given by -Reverend i'm Danylsen, First United Metho'c-4
Church;
III. MAYOR, COUNCIL AND STAFF ATTENDANCE -City Clerk. - —
-------- — — _ _ Present Absent
Mayor James E. Kirk
Council Member Lowry Markham
Council Member Dowling R. Watford, Jr.
Council Member Clayton Williams.
Council Member Lydia Jean Williams
- — - �ity�dmmistrator nan Rea —
-
1 --
----
Police Chief Denny Davis
Fire Chief Herb Smith
Public Works Director Robertson
-------read: In recognition of his outstanding service to the City and its Residents as an Employee of the City
o eec o ee or twenty years. - -
V. MINUTES - City Clerk.
Summary of Council Action for the June 5, 2007 Regular Meeting, the June 7, 2007 Special Meeting-
Vy rE YEA NAY ABSTAIN ABSENT
C. WILLIAMS
WATFORD
MOTION: DENIE
VI. WARRANT REGISTERS - Ci mi ' trator.
A. Council Member _ moved to approve the June 2007 Warrant Register in the
eighty-one cents ($463,736.81); Community Development Building Grant Fund (CDBG), two hundred
Fund,
hundre fifty-three dollars and thirty-two cents ($353.32) seconded by Council Member
page
VOTE - -YEA- - MAY - _ARMIN _ ABSENT KIRK-
C. WILLIAMS
_ - MARKHAM -. - - - - - - - -- - - -
WATFORD
L. WILLIAMS, - - -- - - --- -- _---- -- - -
MOTION: DENIED
VII. AGENDA - Mayor.
A.--Pequests for the addition, def ral or withdr wal of items 2o;tay"s enda
VIR.-MAYDRKIRK -OPENED-THE P-UBLtCJ EARIAtG FOR ORDNANCE ANiDRE-SOLUTIANADORTION - -
AT �D ; I _ P.M.
A.1.a) Council Member �Y mLA moved to read by'title only, proposed Ordinance No. 986
regarding ffezoning Petin No:-0T66R-submittedbylV�nammad o ro udin7A:M:A Holdings,
LLC, changing Lots 3 - 6 of Block 78, City of Okeechob from RSF-1 to CPO -City Planning -
-- - -
Consultant (Exhibit 1); seconded by Council Member `
b) Vote on motion.
_VOTE - YEA- -NAY- --ABSTAIN- ABSENT - - - - - - -- - _
KIRK
_ - - -C, i ILLtAMS- - - - - - _ - -- -- --
MARKHAM
-WATFORD
L.WILLI_AMS -
MOTION: DENIED/
c) "4�4read proposed Ordinance No. 986 by title only as follows: "AN ORDINANCE OF THE
- -- -__- CITYOF-OKEECHOBEE,-FLOW,,,AMENDINf-THEOFF/CIALZONINGMAP-OF0KfECHOBEf- ---
BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN,
FROM -RESIDENTIAL -SINGLE-FAMILY-ONE-(RSF=fJ ZONING D[STRICT-TO-COMMERCIAL __-
PROFESSIONAL OFFICE XPO) ZONING- DISTRICT, AMENDING THE ZONING MAP
ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITYAND ANEFFECTIVE DATE."
2. a) Council Member moved to adopt proposed Ordinance No. 986 seconded by
- - CouncVMember
b) - -public comments and discussion.-
This Ordinance_ amends the Zoning designation- from RSF_ to C for property located at 608 Northeast 2nd
Avenue, legal description ,�_ots 3 to ii of Block 78; City of Okeechobee. The petition was submitted by
-_ - - _Muhammad_Nooruddin,-on l;ehalf_of property owner(s)A.KS A -Holdings, LLC. _There were- 4_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-thePlannftBoardend-City-Counc-tl-public-hearings, -The_
Planning Board reviewed t1,e application at their May 17, 2007 meeting and recommended approval.
Mr. Brisson briefly reviewera the Planning Staff Report recommending approval based on the following
followings: 1.- The propxised zoning is not contrary to the general Comprehensive Plan requirements for
properties classified as Commercial on the Future Land _Ilse Map: Additionally, therequested zoning change._
to CPO would be most rompatibie with this specific neighborhood as there are already properties on this block
_ _ - ---with-the same -zoning and -being used in a similarway, 2. The proposed use -being applied -for is -specifically
authorized under the Zoning Dist,,cct in the Land Development Regulations. 3. The proposed use will not have
an adverse effect on the public interest. 4. The use being -proposed -is a home -health office, is appropriate -
forth
e location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental
to urbanizing land use patterns. CPO zoning would be more compatible with adjacent land uses. Office use
_ is not contrary or detrimental to urbanizing land use patterns and would be accommodated in the CPO District.
The Future Land Use to the North is IND, to the East and West is C and the South is a mix of C and SF. The
zoning to the North is IND, to the South -is CPO and -RSl=-1, to the€astis CPO and -the West is CHV.- The
existing land use to thw North is vehicle sales and open storage (Johns Towing), the South is vacant and
Teostcreryms,-twE�- pBa fisi �socia ion ices an a es is a ware ouse o ice or
Mobile Hauling Services. 5. The proposed rezoning to CPO will not adversely affectproperty values or living _
conditi(5ns, nor will it be —adeterrent to the improvement or development of adjacent properties. 6. The
r000s .d use ranbes, litably
hazard to the neighborhood. 7. The proposed zoning will not create a density pattern that would overburden
congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not
-�e��n u y unnecessary res nc ions. a propose c ange o wi no cons i u e --
_______ agrant of special privilege to an individual owner as contrasted with the public welfare.
_ c) Vote on motion. .
VOTE YEA NAY ABSTAIN ABSENT —---
C. WILLIAMS
WATFORD
MOTION: DENIE&kARRIR)i,,
-
_ - - 8:1: a Council -Member - -----
moved to read by title only, proposed Ordinance No. 989
regarding Planned_ Unit _Dev opm nt_ PUD) Regulations -_City- Planninq_onsultant-(Exhib_2);
seconded by Council Member
b) Vote on motion.
- VOTE - YEA --- NAIL- - ABSTAIN ABSENT -- -
KIRK
-C:NIL ILIAMS -- - - -- -
MARKHAM
WATFORD - - - -- - - - --
- L. WILLIAMS - -
MOTION: DENIED/C RIE
c) Attorney Cook read proposed Ordinance No. 989 by title only as follows: "ANORDINANCEOFTHE
-CITY OF-OXEE-1 H EE,--FLfiRIBA;--A16iENDiNG-ORDINANCE-M,,-L-ANB-DEV€tOPiffff
REGULATIONS, PARTICULARLY SECTION 90-401 OF THE LAND DEVELOPMENT
REGULATIONS, SECMN 90-402-O = THELAND-DEV-EL-OPTNENT RE U ATIONS, SECTION 90
- _ - - 403 OF THE - LAND- DEVELOPMENT REGULATION$,_ SECTION_ 90-404 OF_ _THE _LAND -_ -
DEVELOPMENT REGULATIONS, SECTION 90-405 OF THE LAND DEVELOPMENT
REGULAT10NS,__SECTION _.90-40fi -OF- THE -LAND --DEVELOPMENT REGULATIANS,--AND - _-
SECTIONS 90-407 TO 90-440 OF THE LAND DEVELOPMENT REGULATIONS, REVISING THE
- PLANNED fUN/T-DE-VELOPMENT_-(PUf}) D/STRICFT A-Np-
RES/DENTIAL PLANNED UNIT DEVELOPENT (PUD-R) DISTRICT; PROVIDING FOR AN J /. - - - - -- EFFECTIVE DATE. " - - - - - - -- - - -- --
Council Member.. _ - - __ _ - _ -
moved to adopt proposed Ordinance No. 989 seconded by
Council Member Z-
- - b) Public comments -and discussion -:--
Following several meetings to review proposed language that amends the Planned Unit Development Zoning
- District, the Planning Board Teviewedthefinatdraft at theirMay-t7, 200-7meet1ng and voted unanimously too - -
recommend approval to the City Council.
Mr, Bill Brisso-n briefly reviewed at the June 5, 2007 Regular_City Council Meeting, two major areas of change.
The first involves refinement of the current PUD regulations, which is now proposed to be called the Mixed -Use
P11D,-This PUDislocated-under-Division 12-and-thachanges- 4his-sectionare-prima-rilyto-ensure-that-the-- -
Mixed -Use PUD is in conformance with the City's large scale comprehensive plan amendment to add a mixed
useland-use which amendmenteirrthe process-ofthe-comptiancaTeview: Tbe-second-major-
change, and the primary basis for amending the City's PUD regulations, is to add an entirely new PUD district.
This is the PUD=R district which allows -only —res6entfaf use, accessory uses and recreational, public and
semipublic uses. The following briefly describes the _substantive additions_ and changes to_ the current__
regulation to accommodate the new district. These regulations are contained in Division 13, and are
- summarized below: 1. The current regulation do -not provide, a-slear-statement-of tl purpose of the-PUD. -
A statement of the purpose and intent of the Residential PUD district (PUD-R) is included in Sec. 90-421. 2.
- In addition to the is -acre- minimum- size, aminimum of tfl0-feet offrontage is -required to -ensure that there -is --
adequate access to the property from a public roadway [Sec. 90-423(1)]. 3. Density will only be calculated
on privately owned property and excludes public streets existing prior to the rezoning to PUD [Sec. 90-423(2)1.
4, Aprovision has been added limiting the maxim um_ buildingdimension_to 160_feet to avoid single buildings
thatare out of character or scale with the community [Sec. 90-423(4)]. 5. There will be no individual minimum
lot sizes or -minimum -yards for property wftNa the PUD, but -buildings must be separatedtay-a- minimum -of 12 _
feet. The proposed minimum separation is less than now currently required when multiple buildings are
located on a single parcet f Sec: 90--423(6)16. _ In order to ensure -that residential-PIM's are nottoo crowded
and provide for an adequate living environment in conformance with the intent of the PUD district, minimum
open space requirements are proposed, with limitations as to how much -of the requiredopen space can be
in the form of lakes or retention areas [Sec. 90-423(8)1. 7. Improved recreation area required when the PUD
includes portions of the development that are likely oriented towards families (based on the number of units
- with two or more bedrooms) [Sec. 90-423(9)]. 8. General development review standards are -included that
will be used in evaluating the conceptual plan to determine whether the initial request for a rezoning to the
PUD=R district should be approved and in reviewingconceptualand-final-site Mans [See.-90-424]. - 9 A
provision describing the status of an approved PUD and explaining that development may only be undertaken
in conformance with the approved
concep!uai site plan has been added [Sec. . Application ---
requirements and contents of the application package, and other necessary requirements and conditions are
set
requirements are similartothose used by Okeechobee County
and other local governments throughout the State 11 The review and approval process for rPzoninn to eithar____
PUD district is described in Section 90-437 and mirrors the process now used in the City. 12. Section 90-438
describes the manner and conditions under which an approved PUD may be amended.
since
In conclusion, Mr. Brisson noted that he met with Attorney Cook mg Board Meetih-q to discuss
certain issues he had. Planning Staff is
ireement with the proposed changes from the
are: Add specific permitted uses, any clubhouse, common meeting area, recreation area or structure that may
be provided as an amenity by the developer. Section 90 424(2), Genpral D v lonmentReview Standards -_
Change language to read as follows: Compatibility and relationship to adjacent property. The approval
process of development in PUD-R districts shall take into eensideration the existing uses and developments
adjacent to the district. The development shall be designed and located so as to avoid incompatibility with
adjacent developments. This shall be determined by requiring the applicanildeveloper to provide
documentation that the location, design, final site plan, and PUD-R ordinance, as reviewed at each stage of
the approval process in the City, will result in a development that complies with all existing ordinances and
regulations, whether local, state or Federal, including but not limited to those that regulate the flow of traffic -
drainage, water run-off, and that of public nuisance, noise and vibration as set out in Chapter 30, Code of
c) Vote on motion.
VOTE YEA NAY ABSTAIN ARSENT
KIRK i --
C. ". ILLI zMS
MARKHAM
L. WILLIAMS
il - C�W,4
zz�
fu�
— C:1. a) Councille tuber _- - _ --move dto read6ytitieon y, proposed Resolution No.
07-08 regarding the prelimin rate assessment of Solid Waste_ Collect ion and D_ #osal Services -_
Jeff S bi , Wa to Management/City Administrator (Exhibit 3); seconded by Council Member
c)-_ _ _ Attorney -Cook -read proposed-Resok tron No-.-87=O8 by titte orriy aslotfo .-"A-PR@ttM1At F",4TE ___-
RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA PURSUANT TO THE SECTION Z08,
_ -_ _ ------ _ -- _ _-------aRD1NANCE NO.-T4RELA77NG-TO-7HE-PRO10 OF-SOLIOWASTETOLLFCTIMANT)-
DISPOSAL SERVICES; SETTING FORTH A BRIEFDESCRIPTION OFSOLID WASTE SERVICES
PROVIDED, DETERMINING THE SOLID WASTE ASSESSED COST FOR THE UPCOMING FISCAL
Y__EAR�ES-TWE_ESTIMAIEDA,S-TRATE_FOR THEIIPCOMWGFISCAL- -
YEAR, AUTHORIZING AND SETTING A PUBLIC HEARING TO CONSIDER COMMENTS FROM
THE PUBLIC CONCERNING ADOPTION 9-RATEfnESOL "TION;-DIRECTING THE- -
CITYADMINISTRATOR TO UPDATE THE ASSESSMENT ROLL; AND TO PROVIDE NECESSARY
-_- _-____----NOTtCETHEREOFTOAFFECTED, 'NDOWNERSIN THE C11YOFOKEECHOEEE PROVIDING _.
FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE."
- 2._al Council Member_ moved to ad_opt_prWosed Resolution_07-0$1.seconded by
Council Member
b) Public comments and discussion.
"Ick
-y
- - ---JAC
C7, �
- --
0
4
c) Vo�motion.
- VOTE - _ _ YEA - NAY -- ABSTAIN- ABSENT
KIRK
MARKHAM
WATFORD - - - -
L. WILLIAMS
- MOTION: DENIED
-led
A&V A _.
1 ?n3 �-v fir - �('fx-
A
_
n
regarding the
Manademan
VOTE
KM----- -
C. WILLIAMS
WATFORD
L. WILLIAMS
IIA/%TIAAI. 11C
II IWVVVLWI—Wj%I——nJF,l— vlrv—..................'—.—. --
)Vision of olid Waste Collection and Disposal Services - Jeff Sabin, Waste
ity Administrator (Exhibit 4); seconded by Council Member
YEA NAY ABSTAIN ABSENT
cy- Attorney "' Vn le&A ,,posed Resolution No. 07 09 by title only as follows: 'A RESOLU77ON Of F
THE CITY OF OKEECHOBEE, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE
--
COLLECTIONASSESSMENTPREVIOUSLYESTABLISHEDBYRESOLUTION01-08,ADOPTING _
THE ANNUAL RATE RESOLUTION AS PERMITTED BY ORDINANCE 784 FOR FISCAL YEAR
2007-2008; APPROVING THE PRELIMINARYRATE RESOLUTION; AN12 CERTIFYING THE SOLID
WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA STATUTES 197.3632(4)(5) AS
NRrEeceav►INDERQ nR�ne crer�rrcc +n� 3a��.
COMMENT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE."
2. a) Council Member
b) Public comments and discussion.
moved to adopt proposed Resolution 07-09; seconded by
- -- — - - -
ote
MARKHAM
II'IL�lIl�1CI��J•i\II-IAllrLil�ll••1�/
•
III-1yili :41:t&91K* 4Ilk 1:1:4111:11Nq[81:1:_1a1►[K_r'I� i�
Page -8- -- --
-1X: _NEW BUSINESS:- - - --- _ - - - --- - - - --- -
A.1. a) Council Member 6 moved to read by title only, and set final public hearing date
_ --for August 7,2007-for_prop ed OaRnance-No.-992, Rezoning Petition-.No.-07-AOS-R, sabmitted by-
Steven Dobbs/Insite Development, changing Blocks 11, 12, 21, and 22, City of Okeechobee, from
- Single Family{ }teMulti-Fatrtify{MF� £tty-P}annirtg Consuttarttff hibit 5�, seconded by CounciF -
Member
b) Vote on motion to read bry title only_ _
VOTE YEA- NAY ABSTAIN ABSENT
LCARRIED.
C. WILLIAMS
-MARKHAM
WATFORD
L. WILLIAMS-- MOTION: DENIED
c) Attorney Cook read prLoposed Ordinance No._992 by_title only as follows: "ANORDINANCE OF_THE
_
- ---
CITYOFOKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE
BY REZONING -A- CERTAIN_TRAOT .OF---LAND-.MORF- PARMVLARLY-DESCRMWIiERM
FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO RESIDENTIAL
-_ - MULLT1PLf-FAMIL T-, AMENDING -THE ZONING- 1--PACC@RDINGL
PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE."
2. a) Council Member-�cti�- move_ to approve the_first reading of proposed Ordinance_
No. 992; seconded by Council Member to _
b) Discussion.
This-Orffinance- amends- the --Zoning- designation--frrom--RSF-1- to--RMF-for-vacant-property locaW betweeft--
Northwest Vh and 71h Avenues and Northwest 11'h and 13" Streets. Legal description: all of Blocks 11,12, 21 and 22,
- - --City of-Okeechobee-Subdivision,---Ptat-Booty 5-1-Page-59-Pubfic--Records-of-Okeechobee�ounry; Ftorida,-and_is
approximately 11.29 acre(s). The petition was submitted by Steve Dobbs, on behalf of property owner InSite
Development -Croup, LLC:-There were 1 i; notices sent to th surrounding property owners with no response to
date_ The property was posted with a_ sign advertising the request of rezoningl-dates and times of both
- - - the Planning Board and City Council public hearings. The Planning Board reviewed the application at their
�una2i,_2p07 m bng-andxecommendss-MVroval-
_ -_ _ _ r,arntrrtt� seat+ nepere mar ary: --rnator y ory*-suofeet-propertyisvacant. -There-appears-la-be four
single family dwelling units on the property, but these are owned by the applicant. In 2006, the applicant
ap ptle _ orarrd received a-1tllulti=FamilyResi�i iall=inure fond l7se c assifiicaiionJor tree subject propertyy to - -
accommodate the intended multi family development. The Multi -Family Residential Future Land Use Category
allows a maximum density of ten dwelling units per acre. This means the applicant would be allowed to
develop- the subject property with no mve__than _1.1.2_dwelling_units, _ __PJanni%_Staff_Ana"s:___1a __As -
prescribed by the Comprehensive Plan (Policy 2.1(b)), lands developed under the Multi -Family Residential
_ FAwe Land Use Category are -permitted -to -have apartrnents, d xes-,-condomini , singlefarnily-houses- -- -_
and public facilities at a maximum density of 10 dwelling units per acre. The applicant's request to develop the
propertywith MUltIMMIlly developmeintIs not -contra ry tothis regUirement.-2.—Section 9Q-192 (2-and 3) allows
two-family dwellings and multi -family dwellings as permitted uses in the RMF Zoning District. 3. The proposed -
use will not adversely affect the public interest. 4. Although most of the surrounding existing land uses in this
- - location appear to be vacant lands, -this location.finlerms_of future--uses)--has.been -rapidly-transitioning_into- _- -
a multi -family neighborhood. As a result of these changes, the proposed multi -family use would be appropriate
_ - fort -his location andcompatible-with the adjae-ent mix-tur-e f-usea-wNeh strrounds--theproperty. The ttse would
not be detrimental to urbanizing land use patterns. 5. By allowing this development, it does not appear that
--itwoutd adversely affect-propertyvalues orliving conditions of adjacent property, The proposed mutti-family
development may, in fact, encourage the development of surrounding properties. 6. This use may be required
tobe buffered from surrounding Uses. During the Site Plan Review phase, the Technical Review Committee
will determine whether the proposed development poses any adverse impacts or hazards to the neighborhood. _
7. The overall density for Multi -Family at this location was discussed during the Small Scale Plan Amendment
approval; but specific traffic impacts -on the logical tra#fic�#istribution - -
� points #orintersectionsand-road finks need
u u we an wa er services seem o e p anne or m erms o u�ure service. --
Specific traffic issues are being discussed with the Applicant's Traffic Consultant in order to determine the likely
traffic distribution impacts and possible improvements necessary to accommodate this proposed rezoning and
development (see enclosed memo). Flooding and dra'n;;.qe problems will he handled during the Site Plan
Review by the Technical Review Committee. 9. The only restrictions which have been placed on this property
-----are those within the Gity's Comprehensive Plan and the I LO mentGode. 11.1, LJY CUP-TWTHU Ll 110 V1 101 1V19
rvP
the City will not be conferring special privileges to the applicant which would contrast with the public welfare..
o: Itt shouldnoted a impacts to public aci i ies,
schools, and traffic congestion were all undertaken during the applicant's submittal for the Small -Scale Future _
Land Use Map Amendment last year. This report is based on facts obtained at that time. Recommendation:
Staff recommends a0royal of thp request Mallow rezoninq from RSF-1 to RMF should the traff ic issues be
satisfactorily resolved.
VOTE YEA NAY ABSTAIN ABSENT
KIRK i __
MARKHAM
L. WILLIAMS
Low
Lau /I
_ - - - — - - ----- -
age - -
-Councii[VemTer Wast --- moved to read by the only; and set final public hearing date
for Auciust 7 2007_forpro sed_Ordinance_No. 993,Rezoning -Petition__No. 0-7-009-R,_submitted_by - -
Brad Goodbread on behal of G4 Land & Cattle and George Goodbread, rezoning Lots 1- of
_-- -_ ..--_Block 2,_Royal-OakAddition-from--RSF-1-_to_CLT---City--Planning-Consoltant-4Exhi!Wt-
-
vvmirvnv -- -- --- - - - -- __ -
L. WILLIAMS � -----MOTION.--DE --- - - - - - - -
-_ c} -Attorney Cook -read ance Na-Mbytitte-vrr" foftows: "A- I`DiNANCE OF - THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF
OKEEC G-A-CERTA1N-TRACT OFILAND` MORE-PAR77-CULARLY
DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT_
TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT, AMENDING THE ZONING MAP
_ACCORDINGLY; PRO VIDING-FOBM1t1El1CI SEVEBA_ BWY-,AND-AN-EFFEGUI[EDA-TE."
2. a)--Oounc#Mernber � - moved* ap -the-Wst feading-of -proposed-
Ordinance No. 993; seconded by Council Member Wn2_
b) Discussion.
- This Ordinance amends the Zoning designation from RSF-1 to CLT for property located at 2104 Southwest 2"d
Avenue._ Legal description; Lots_1 _through 4_of Block 2 Royal. -Oak Ad iticn _ Plat -Book 1,Page_8,.Public-Records of
Okeechobee County, Florida and is approximately 0.650 acre(s). The petition was submitted by Brad
_ -- Goodbread, on behaff of property-owner(4G4Land &-Cattle; Go, and George A Goodbread -There were-22
notices sent to the surrounding property owners with no response to date. The property was posted with a
- - sign -advertising the--request-ofithe--rezoning; states and -times-of-bot vthe Ptan" Board -and City Council
public hearings. The Planning Board reviewed the application at their June 21, 2007 meeting and
re khnihggr�
s nia .
_ -
P tall Report Summary: The subject property is comprised of 4 lots. Lots 1 and 2 are developed
with:a singlefamily-residence,-while-Lots.3and-4-are vacant-Toeapplicant-is requesting t4�change� zoning -
on the property to CLT to allow a commercial parking lot to accommodate an adjacent commercial use. In
addition to -this ra-SmaWScate-future-tancl-Use vita Amendment to-
request,-theappticant is afs�aPAIY p
Commercial which will allow consistency with the requested zoning. Should the applicant's Map Amendment
-- - -- request be deniedby the City; Lois request must also be denied as the property's future Land Use and Zoning
must remain consistent with each _other, -_Planning_Staff Ana is 1. Theproposed_commerI- parking.lot
and CLT zoning would be contrary to the Comprehensive Plan requirements. The City's Plan prohibits
encroachment into-residerrtial-peig#borhoods-andff-th+srequestis-allow€d-itweuul uft-couldswasallowing
commercial encroachment into this particular residential neighborhood with more intense commercial changes
_ tofoftow.-- Y.-Thispropertyis beirrgproposed-foratrommemWparkingtot: -This-is-not specified under Section --
90-252 of the Land Development Code as a permitted use within the CLT Zoning District. Parking facilities are
usually viewed as accessory uses to already established or proposedcomme�cial uses on a property. 3. The
_ - proposed parking _lot and the applicant's requested CLT Zoning District could have an adverse _effect- on_the _
public interest in the form of premature change to commercial in an established residential neighborhood. 4.
This -commercial- use --is not--appropriate-for-this-residential -location. It --would not -be compatible with the
predominantly residential character of the neighborhood and would be detrimental to urbanizing land use
patterns-. 5. Aparking lot coutdadversety_affectproperty vatuesand/or Living conditions -in -the area. But more -
importantly, the possible future uses of this property will pose a more serious situation for the neighborhood.
Should the CLT -zoning be allowed, the -following commercial -uses could be permitted on the property: -
- _ Professional -office, business-off_ice medical office, Retail Retail store retail service, Personal service, Craft studio, _Special - -
exception uses which could be allowed on the property are: Restaurant, cafe, Dry cleaner, laundry, Private club,
- nightclub, Business school, Radio, television or cable reception, transmission or operational facilities, Commercial indoor
recreation, Commercial parking garage or lot, taxistand, Outdoor vehicle sales lot, House of worship, Marina, dock, pier,
Enclosed -storage; Public facility -or -use-, Public utility, Permitted uses in excess off -feet-in height, One dwelling unit
rage-
- ---- per commerc�a ui Ong, roue nome. With the excep ion o c urc es, none o ese uses are eve opmen -
-_ or improvement of adjacent property. 6. The use could be buffered from the surrounding uses. 7. Density _
would not be an issue for this particular case. 8. The proposed use will not create traffic congestion, flooding
or drainaqP problem-.;, or otherwise affect ol jbl'c safetv- There has been no documentation submitted by the
applicant which could prove that these issues would not be a problem. 9. The only restrictions being placed
III FIVFIVl LY CUIU-1.1hose which are set forth in the City's Compieliensive Plan and its Land Developillelit
-- _
Regulations. 10. Based on the above information, granting the proposed change could be construed as
------- r i g pecia pnvi eges o ism ivi ua owner as contrasted with a pu is we are. ecommen a ion: -
- Staff recommends denial of the request to allow rezoning from RSF-1 to CLT.
�%Z.Qi771r / .il 1
I
-LCLA -IkA-R- N44-41J-a-
---- --------
7v
-
/�
"(Jx t` _G zclf
c) Vote on motion.
VOTE ABSTAIN ADZENT
---- KIRK
_ MARKHAM
WATFORD --- -
MOTION: DENIED CAR�RIE�DS�
C... Discussion pertaining to tie-Z005 lSisaste—CDBG-WL sing Assistant ] Tan - Debbie Belcher, -
County_ Grant Consultant (Exhibit 7.
The- City-entered_into-an-interlocat-agreement_March_15_2005rand-Augustl5,2006,Resolution-06-08,-j--- _ ---
support of the CDBG Housing Assistance Plan which is a buyout program to be used to assist
- - --#erneowners to-repair;-pep{ace-or-rebeate with --a buy ottt-V�to--recover--from-the-Htrrricanes ---trt this
buy-out situation, the property is purchased by the County and deeded to the City, or the County could pay
-for tie purchase with the deed -going direcc-fyfrom the ownersTb the City.-Tf ere is a CDBG regwrement
that the deed contain a restriction that no building be placed on the p operty,_and that it be owned _in
perpetuity by the County/City. The County discussed their desire to include James and Lottie Boswell, 910
Northwest-9'h_StreetYia-the_buyout programrbecause_cif .-repeated severetlooding_they have -exper aced ----
It would be appropriate for the City to own and maintain the property since the property is located within
lunits.- tt-is recommended that Nsor-
-- property-be-used-fsr storm -water reterttiarfi; - ---
that does not require a permanent building.
-- �.��
- Ow -zJf,,14 L
t
t _
- £ouneil INernber - -moved-to-approvethe-CDBfx=furidedhomcowner for -James _ and Lottie Boswell, 910 Nort est 9,h Street, with the City of Okeechob acc pting ownership and
- maintenance ofthe property; seconded-byCouncilmember -- -
Vote on motion.
-.1L0TE -- -- -YEA ._1VAY__ABSTAIN _ABSENT � [X%� ��_
- -
KIRK
& aAli16LJAMS
MARKHAM
_ WATfORp
L. WILLIA%Nff"(A:�:RjRff�
�(/►t C,u'"
MOTION:
age -1 3-
�• I I VOUI Rauvn v1 Lilt: a mu I IlUf dl Ue51gn ana iocavonHwaureen Burroughs and Bridgette Waldau,
Okeechobee Main Street. ``_��/ / 5= �. !/►l G� ,
"11,em )
Qez� k" it A
CouncilMember • -• • .•• • • 5!?gn t• be at the Embarq
vote on motion. ------
VOTF YEA NAY ABSTAIN ABSENT_
KIRK —
MARKHAM
_ L. WILLIAMS
MOTION: DENIE
ftge =14_ - _ -
- iscussico pottainingioMe renewal-oflhe Cify's heaR insurance = S-cott Harris;-BCBS-Xxhibif _- -
- - 8).
-
uAtAP_
D-- �2
_FPO T.
Page -15-
F. Consider Permit Application for the 401h Annual Speckled Perch Festival and Car Show/Motorcycle
----Show and-Parade,-WFebfuary 6 - 13,-200&submdtedby4h&QambeFofLommerc-e —Brendia
O'Connor (Exhibit 9).
r5
-- ��'=tom. �'��L. N�� 5� /uli . i/
-- - — -------
r,3 o 96
0 01
It- ,
19-7k 00- frx-�,k
Speckled Pe Festival and Car
by Council Memb"K
Wm
kk��
Show and Parade for February 6 - 13, 2008: seconded
Vote on motion.
VOTE YE"A. AARBSTAM—AB-SENT
KIRK
WILUAMS
MARKHAM
L. WILLIAMS
MOTION: DENIED/CARRIED.
---- — .Page -17-
H. Motion to approve canal cleaning proposal submitted by TSI Disaster Recovery Services, Inc. -
- - ----- -- -- - -jC4 Administra 4MW ").-- -- -- - -- -- - - -- - -- --- - - _.
- -- --- --TSI -Disaster-Recovery-Services, tnc.-hasproposedto remove and dispose of v
from waterways, lake or creeks. Debris will be removed in such a manner to prevent compromising the
- - - —stabi izedanks, an3wiff be-ca-ofious of- orert YofindiOduar omeowners. ThepTe s 1 .50 e-r— cubic
-
_yard. The estimated debris to be removed is 1950 cubic -yard at 38,025.00.
e
eight thousand twenty-five c'Nlars ($38,025.00) submitted by TSI Disaster Recovery Services, Inc.;
Vote on motion.
VOTE
KIRK
C. WILLIAW-
MARKHAM
L. WILLIAMS
MOTION: DEN
X. MAYOR KIRK ADJOURNED THE MEETING AT � � P.M.
(All
. A
/AA� OWLIP�Id
CITY OF OKEECHOBEE
JULY 3, 2007
REGULAR CITY COUNCIL MEETING
OFFICIAL AGENDA
PAGE 10F 5
CALL TO ORDER - Mayor: July 3, 2007 City Council Regular Meeting, 6:00 p.m.
II. OPENING CEREMONIES: Invocation Rev. Jim Dawson, First United Methodist;
Pledge of Allegiance led by Mayor.
III. MAYOR, COUNCIL MEMBERS, 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.
A. Present a Twenty -Year Service Award to Jeff Baugh - Mayor.
2007 PACE 2 of 5
V. MINUTES - City Clerk.
A. Motion to dispense with the reading and approve the Summary of Council Action for the June 5, 2007 regular meeting, the June 7, 2007 Special Meeting
and the June 26, 2007 Special Meeting.
A. WARRANT REGISTER - City Administrator.
A. Motion to approve the June 2007 Warrant Register.
General Fund $463,736.81
CDBG Fund $260,466.00
Public Facilities $ 353.32
Al. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
Vill. OPEN PUBLIC HEARING FOR ORDINANCE AND RESOLUTION ADOPTION - Mayor.
A.1.a) Motion to read by title only proposed Ordinance No. 98regarding RezoningPetition No. 07-004-R submitted b Muhammad � y Noorudin/A. M. S.A. Holdings,
LLC, changing Lots 3 - 6 of Block 78, City of Okeechobee, from RSF-1 to CPO - City Planning Consultant (Exhibit 1). Planning Staff and Planning Board
are recommending approval.
b) Vote on motion to read by title only.
c) City Attorney to read proposed Ordinance No. 986 by title only.
2.a) Motion to adopt Ordinance No. 986.
b) Public discussion and comments.
c) Vote on motion.
B.1.a) Motion to read by title only proposed Ordinance No. 989 regarding Planned Unit Development (PUD) Regulations -City Planning Consultant (Exhibit 2).
Planning Staff and Planning Board are recommending approval.
2007 PAGE 3 OF 5
Vill. PUBIC HEARING FOR ORDINANCE AND RESOLUTION ADOPTION CONTINUED.
B.1.b) Vote on motion to read by title only.
c) City Attorney to read proposed Ordinance No. 989 by title only.
2.a) Motion to adopt Ordinance No. 989.
b) Public discussion and comments.
c) Vote on motion.
C.1.a) Motion read by title only proposed Resolution No. 07-08'regarding the preliminary rate assessment of Solid Waste Collection and Disposal Services -Jeff
Sabin, Waste Management/City Administrator (Exhibit 3).
b) Vote on motion to read by title only.
c) City Attorney to read proposed Resolution No. 07-08 by title only.
2.a) Motion to adopt Resolution No. 07-08.
b) Public comments and discussion.
c) Vote on motion.
DA.a) Motion to read by title only proposed Resolution No. 07-09'regarding the provision of Solid Waste Collection and Disposal Services - Jeff Sabin, Waste
Management/City Administrator (Exhibit 4).
b) Vote on motion to read by title only.
c) City Attorney to read proposed Resolution No. 07-09 by title only.
2.a) Motion to adopt Resolution No. 07-09.
b) Public comments and discussion.
2007 PAGE 4 OF 5
Vill. PUBLIC HEARING FOR ORDINANCE AND RESOLUTION ADOPTION CONTINUED.
D.2.c) Vote on motion.
CLOSE PUBLIC HEARING.
IX. NEW BUSINESS.
A.1.a) Motion to read by title only and set final public hearing date for August 7, 2007 for proposed Ordinance No. 992, Rezoning Petition No. 07-008-R, submitted
by Steven Dobbs/Insite Development, changing Blocks 11,12, 21, and 22, City of Okeechobee, from Single Family (SF) to Multi -Family (MF) -City Planning
Consultant (Exhibit 5). Planning Board is recommending approval.
b) Vote on motion to read by title only and set final public hearing date.
c) City Attorney to read proposed Ordinance No. 992.
2.a) Motion to approve the first reading of proposed Ordinance No. 992.
b) Discussion.
c) Vote on motion.
B.1.a) Motion to read by title only and set final public hearing date for August 7, 2007 for proposed Ordinance No. 993, Rezoning Petition No. 07-009-R, submitted
by Brad Goodbread on behalf of G4 Land & Cattle and George Goodbread, rezoning Lots 1-4 of Block 2, Royal Oak Addition from RSF-1 to CLT - City
Planning Consultant (Exhibit 6). Planning Board is recommending denial.
b) Vote on motion to read by title only and set final public hearing date.
c) City Attorney to read proposed Ordinance No. 993.
2.a) Motion to approve the first reading of proposed Ordinance No. 993.
b) Discussion.
c) Vote on motion.
3, 2007 PAGE 5 OF 5
IX. NEW BUSINESS CONTINUED.
C. Discussion pertaining to the 2005 Disaster CDBG Housing Assistant Plan - Debbie Belcher, County Grant Consultant (Exhibit 7),
D. Presentation of the third mural design and location - Maureen Burroughs and Bridgette Waldau, Okeechobee Main Street,
E. Discussion pertaining to the renewal of the City's health insurance - Scott Harris, BCBS (Exhibit 8).
F. Consider Permit Application for the 40`r' Annual Speckled Perch Festival and Car Show/Motorcycle Show and Parade for February 6 -13, 2008 submitted
by the Chamber of Commerce - Brenda O'Connor (Exhibit 9).
G. Consider Permit Application forthe Chobee Spring Fiesta and Car Show/Motorcycle Show for March 5 -12, 2008 submitted by the Chamberof Commerce -
Brenda O'Connor (Exhibit 10).
H. Motion to approve canal cleaning proposal submitted by TSI Disaster Recovery Services, Inc. - City Administrator (Exhibit 11).
X. ADJOURN MEETING.
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
proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose
of backup for official records of the Clerk.
EXHIBIT NO. 4 JUN 5 -1ST READ
EXHIBIT NO. 1 JUL 3 - FINAL
ORDINANCE NO. 986
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING
THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A
CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED
HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING
DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) 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. Muhammad Nooruddin, on behalf of property owner(s) A.M.S.A. Holdings,
LLC, of the property more particularly described hereafter, has heretofore filed
Petition No. 07-004-R, pursuant to the Land Development Regulations of the City
of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.64
acre(s) from Residential Single Family -One (RSF-1) Zoning District to Commercial
Professional Office (CPO) 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 May 17, 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:
LOTS 3 THROUGH 6 OF BLOCK 78, CITY OF 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
Residential Single Family (RSF-1) Zoning District to Commercial Professional
Office (CPO) Zoning District. The zoning for this parcel is subject to the further
limitations of the Comprehensive Plan, Future Land Use Element, Policy 2.6.
Page 1 of 2
SECTION 3. CONFLICT.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY.
If any provision or portion of this ordinance is declared by any court of competent
jurisdiction to be void, unconstitutional, or unenforceable, then all remaining
provisions and portions of this ordinance shall remain in full force and effect.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon its passage.
INTRODUCED for first reading and set for final public hearing on this 5 1h day of
June, 2007.
ATTEST:
Lane Gamiotea, CMC, City Clerk
James E. Kirk, Mayor
PASSED AND ADOPTED after Second and Final Public Hearing this 3 d day of
July, 2007.
ATTEST:
Lane Gamiotea, CIVIC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
James E. Kirk, Mayor
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
Date: 3 '
O Petition No. 6)
Fee Paid: 5o
Jurisdiction: c�.
1st Hearing:
2nd Hearin :
g 1z
Publication Dates:
,
L/M C;
Notices Mailed:
unitiorm Lana use Application
R P7AT P. • CTPP791 N YAOT+iAT . �T.�si.. �. ....
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Name of property owner(s): �'1(� , S , 00
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Owner mailing address: i • 0 . 09y, t� � � v tea+° d w 6� F& _ 3 9173
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Name of applicant(s) if other than owner (state relationship):
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Applicant mailing address:
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Name of contact person (state relationship): M t4 kk.VV 1,yy14-d AV dP& &) j�) /V
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Contact person daytime phone(s): 6 7 7 7 '3 Fax: 86 3. A 3_ 6619
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Property address /directions to property: b g N . t✓ a - "e
Indicate current use of property: g 1 t �e- kki ci
Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state):
Approximate number of acres: Is property in a platted subdivision? (}
P
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Is there a current or recent use of the properiN that is,xvas a violation of counry ordinance? if so- describe-
v0
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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: LI
R
Is a sale subject to this application being granted? PJ0
IT
Y
Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses:
Describe adjoining land / improvements to the North: j �;� i�i env' S AltyA, -e
�Muses
South: V il'((pif 610IV) East tAsA, t-6,& &wtMe.,f -,-4 West: (9�('r,vL1tG�1 �Yl�rnt�
Existing zoning: /ts F Future Land Use classification:
Actions Requested: Rezone () Special Exception Variance
Parcel Identification Number:
I✓
Confirmation of Information Accuracy
I hereby certify that the information in this application is correct. The information included in this application is for use by
the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to
$500.00 and imprisonment of up to 30 days and may result in the summary denial of this application_
Signa ure Printed Name Date
'7
!4 S.
Uniform Land Use Application (rev. 1/03) Page 1 of 2
Current zoning classification: 5 _ Requested zoning classification
R
What is your desired permitted use under the proposed classification:
E
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&U yy%l7'1nQ/1 C -Il
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0
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If granted, will the new zone be contiguous with a like zone?
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HFaecial
Exception necessary for your intended use? 0 Variance?
Describe the Special Exception sought:
S
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Provide specific LDR ordinance citation:
A
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Are there other similar uses in the area? Is so, describe:
E
X
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Why would granting your request be in the best interest of the area and residents?
P
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if business. brie?l\ describe nature including, number of emy ploees, hours. noise onum eneraon and acx es to be
N
con 4!cted ontsidc of a buildin_,
Describe Variance sought:
V
A
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Describe physical characteristic of property that makes variance necess
I
A
N
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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
D w k-o ' ') Z /YnG 67ve-�X) -
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03/16/07
TO WHOM IT MAY CONCERN:
A.M.S.A HOLDING LLC ALLOWS MUHAMMAD NOORUDDIN TO REPRESENT
US IN FRONT OF THE BOARD OF OKKECHOBEE FOR REZING AND LAND
CHANGE APPLICATION.
SAEED A. KHAN
M KHAN
NOTARY PUBLIC
MUHAMMAD NOOORDDIN
SHAH
THIS INSTRUMENT PREPARED BY AND RETURN TO:
Shannon Kelly
Elite Title, Inc.
311 NE 2nd Street
Okeechobee, Florida 34972
Property Appraisers Parcel Identification (Folio) Numbers: 3-15-37-35-0010-00780-0050
Space Above This Line For Recording Data
THIS WARRANTY DEED, made the 16th day of February, 2007 by William S. Welder, a single man, whose post
office address is 608 NE 2nd Avenue, Okeechobee, FL 34972 herein called the grantor, to A.M.S.A. Holdings LLC ,
whose post office address is 906 SW Lighthouse Drive, Palm City, FL 34990, hereinafter called the Grantee:
(Wherever used herein the terms grantor" and "grantee" include all the parties to this instrument and the heirs, Legal representatives
and assigns of individuals, and the successors and assigns ofcorporations)
W I T N E S S E T H: That the grantor, for and in consideration of the sum of TEN AND 0011001S ($ k 0.00) Dollars and
other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises,
releases, conveys and confirms unto the grantee al] that certain land situate in OKEECHOBEE County, State of Florida,
viz.:
LOTS 3, 4, 5, AND 6, BLOCK 78, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 5, PAGE 59 PUBIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA.
Subject to easements, restrictions and reservations of record and taxes for the year 2007 and thereafter.
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, 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, 2006.
IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written.
Signed, sealed and delivered in the presence of
Wimess #1 Signature Q
Witness #1 Printed Name
Witness ##2 Signature a
JAI a u-S P
Witness 42 Printed Name
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
William S. Welder
The foregoing instrument was acknowledged befo this day of February, 2007 by William S. Welder
Urn
who is personally known to me or has produced me (t s`1,1,=? as identification.
SEAL SHANNON MUI HOL N
Notary Public, State
My Comm. Expires June ,4 l blic
�« Comm. No. DD 332394
My Commission Expires: Printed Notary Name
1,� SHANNON MULFIOLLAND
Notary Public, State of Florida
My Comm. Expires June 24. 2008
�« Comm. No. DD 332394
File No: 07-3267
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Fort Myers, Florida 33901-2845
: Phone: 239-334-3366 Fax: 239-334-6384
Email: info@larue-planning.com
Staff Report
Rezzoming Request
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Applicant: A.M.S.A. Holdings, LLC
From: RSF
To: CPO
Petition No. 07-004-R
Staff Report Applicant: A.M.S.A. HOLDINGS, LLC
Rezoning Request Petition No.: 07-004-R
Legal Description: Lots 3, 4, 5, and 6, Block 78, CITY OF OKEECHOBEE,
according to the plat thereof recorded in Plat Book 5, Page 5,
Public Records of Okeechobee County, Florida.
Request:
Applicant is requesting a rezoning for the above shown property from RSF-I to CPO. The
applicant would like to use the subject property as a home health office.
Son�th ; .Future Land Use Map Classif cation: Commercial and Single Family
Zoning District: CPO and RSF-1
Existing Land Use: Vacant
1
Staff Report
Rezoning Request
Applicant: A.M.S.A. HOLDINGS, LLC
Petition No.: 07-604-R
The applicant is proposing to rezone the property to CPO to allow commercial uses on the
subject property. The property is developed with a vacant single family residence that the
applicant is proposing to convert into a home health office.
1. The proposed use is not contrary to Comprehensive Plan requirements.
The proposed zoning is not contrary to the general Comprehensive Plan requirements for
properties classified as Commercial on the Future Land Use Map. Additionally, the requested
zoning change to CPO would be most compatible with this specific neighborhood as there
are already properties on this Block with the same zoning and being used in a similar way.
2. The proposed use being applied for is specifically authorized under the zoning district in the
Land Development Regulations.
The proposed use being applied for is authorized under the Zoning District in the Land
Development Code.
3. The proposed use will not have an adverse effect on the public interest.
An office use 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.
The CPO zoning and the proposed use as a home health office as requested by the applicant
is appropriate for the location proposed. CPO zoning would be more compatible with
adjacent land uses. Office use is not contrary or detrimental to urbanizing land use patterns
and would be accommodated in the CPO District.
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 proposed rezoning to CPO will not adversely affect property values or living conditions,
nor will it be a deterrent to the improvement or development of adjacent properties.
2
Staff Report Applicant: A.M.S.A. HOLDINGS, LLC
Rezoning Request Petition No.: 07-004-R
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
The office use can be suitably buffered from surrounding uses if 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 zoning will not create a density pattern that would overburden public facilities
such as schools, streets, and utility services.
8. The proposed use will not create traffic congestion, flooding or drainage problems, or
otherwise affect public safety.
The proposed use will not create traffic congestion, flooding or drainage problems, or
otherwise affect public safety.
9. The proposed use has not been inordinately burdened by unnecessary restrictions.
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 pahlic Welfare_
The proposed zoning change to CPO will not be granting a special privilege to the owner_
Summary and Conclusions Prior to Certification M
The applicant's request to CPO zoning will be consistent with the City's Comprehensive Plan if
the Small Scale Amendment is approved as Commercial.
Recommendation
Staff recommends approval of the request to allow rezoning from RSF to CPO permitting the
applicant to convert the existing use from a single family residence to a home health office.
Submitted by:
James G. LaRue, AICP
Planning Consultant
April 11, 2007
I
The Okeechobee News
P.O. Box 639, Okeechobee, Florida 34973
(863) 763-3134
Published Daily
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared
Judy Kasten, who on oath says she is Publisher of the Okeechobee
News, a DAILY Newspaper published at Okeechobee, in
Okeechobee County, Florida; that the attached copy of advertise-
ment, being a
WfAmarar
t Che matter of � f
f
F 1 _
9
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues
of
Affiant further says that the said Okeechobee News is
a newspaper published at Okeechobee, in said Okeechobee
County, Florida, and that said newspaper has heretofore been
published continuously in said Okeechobee County, Florida
each week and has been entered as second class mail matter at
the post office in Okeechobee, in said Okeechobee County,
Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant
further says that she has neither paid nor promised any person,
firm or corporation any discount, rebate, commission or refund
for the purpose of securing this advertisement for publication in
the said newspaper. y j
Sworn to.anij subscri "—.re me this
day o
any Public, State of Florida at Large
l.......... .
PUBLIC NOTICE
CONSIDERATION
ONSIDERATIONDPTNG
A CVIVID
-EASE TAKE NOTICE that to Cdy Council of the City of Okeechobee, Flor
an Tuesday, July 3, 20D7 at 6:f10 p.m. or as soon.thereafter possible, at Ci
55 SE 3rd Ave., Okeeneepchobee, FL Coof the mmndppuct a PUBLIC HEARING on and there
=r final AN
E' OFF THEaCRY 0 OKEECHOBEE FLOR8 into law: IDA; MENDINGTHE OF
ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF
MORE PARTICULARLY DESCRIBED HEREIN. FROM RESMENnu s
rr� urwrrance ins regarding Rezoning Petition No. 07.004-R, submitted by Muharn.
mad Nooruddn, on behalf of property owners, A.M.S.A. HOldkrgs, LLC. The peb
tan is to change the inning destination Residential Single Fandty-one (RSF-1) fi
Commercial Professional Office (CPO) for property located atell
8 Northeast nil
Avenue. Legal description: Lots 3.to 6 of Block B, City of Okeechobee Subdivn-
sion, Plat Book 5, Page 5, Public Records, Okeechobee County, Florida, and is
approximately 0.64 acre(s).
AN members of fhe public are encouraged to a0end 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, except to holidays.
PLEASE TAKE NOTICE AND BE ADVISED that ri any person desires to appeal any
decision made by the City Council with respect to any matter considered at this
hear", 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 a 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 Stables
286.26, persons with disabififies needing special accommodation to participate in
this proceeding should contact Lane Garniotea no later than two (2) working days
prior to the proceeding at 863-763-3372 x215; I heading or voice impaired, call
TDD 1-800-222-3448 ((voice or 1-888447-5620 (TTY).
Lane Gamiotea, CMC. CIiY CIL RK
Y P Janetta Thiboult
* : Commission # DD505311
A.D. 20 9TF �j ExPires January 10, 2010
OF 0. gaged Troy Fan nnwredce inc WO.385-7019
JULY 3 - FINAL PH - iEXHIVIT NO. A
ORDINANCE NO. 989
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING
ORDINANCE 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY
SECTION 90-401 OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90-
402 OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90-403 OF THE
LAND DEVELOPMENT REGULATIONS, SECTION 90-404 OF THE LAND
DEVELOPMENT REGULATIONS, SECTION 90-405 OF THE LAND
DEVELOPMENT REGULATIONS, SECTION 90-406 OF THE LAND
DEVELOPMENT REGULATIONS, AND SECTIONS 90-407 TO 90-440 OF THE
LAND DEVELOPMENT REGULATIONS, REVISING THE PLANNED UNIT
DEVELOPMENT (PUD) DISTRICT AND RENAMING IT TO MIXED -USE
PLANNED UNIT DEVELOPMENT (PUD-M) AND ADDING DIVISION 13 FOR THE
RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD-R) DISTRICT;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Council of the City of Okeechobee, Florida has adopted Ordinance
Number 716 known as the Land Development Regulations, and included requirements for
planned unit development zoning districts within the City; and
WHEREAS, upon review of same, the City of Okeechobee, through staff analysis, has determined
that current PUD regulations do not adequately safeguard the City's interest and promote
improved development patterns; and
WHEREAS, the City of Okeechobee has determined that setting forth specific regulations for a
comprehensive set of regulations for residential planned unit developments are in the best
interests of the City of Okeechobee, and an appropriate and necessary promulgation of
its authority;
NOW THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida;
presented at a duly advertised public meting; 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. Sections 90-401, 90-402, 90-403, 90-404, 90-405, 90-406, and 90-407through 90-
440 of Ordinance No. 716 be amended as follows:
DIVISION 12. MIXED -USE PLANNED UNIT DEVELOPMENT (PUD' DISTRICT
Sec. 90-401. Generally.
(Ja Defined. Provision is made for mixed -use planned unit development (PUD-W
zoning districts in which diverse residential, commercial, institutional or recreation
uses may be brought together within a residential setting under a unified plan of
development which is in the interest and general welfare of the public.
(b,) Purpose and intent. The PUD-M district is established to:
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Language highlighted was revised per
June 5, 2007 Meeting Page 1 of 13
U Lotion. PUD-M zoning districts shall be permitted only on land designated as
future 'and use eategaries single family or multifamily _Mixed Use Residential in the
Comprehensive Plan.
fm
Ue
Eltilign 6P2kftt;tn submittal requirements and other requirements and conditions
...,vaowNIIicin I IUyuiauvIiJ
Uwvilii 1- 141-4 VMEMNIFNF.�_ T - mili
- ; -. -
Future Land Use Element of the Comprehensive Plan
(LDR) 1998, § 430)
Sec. 90-402. Permitted uses.
The following principal uses and structures are permitted in the PUD-M district:
(1)
Attached and detached Ssingle-family dwellings.;
Zero lot line single-family dwellings.
(2)(3)
Two-family dwellings.
Town homes.
(�
Multiple -family dwellings.
(-4}�
Adult family care homes or assisted living facilities.
(SU7
Day care center, nursing home.
(6)M
Professional office, business office, medical office.
f7 n
Retail store, retail service.
"Ll-01
Restaurant.
(9) 11
Personal service, dry cleaner.
f"L121
Mechanical and repair services.
" 13
Auto service station.
(+2} 14
Private club, nightclub.
f +S�15
Hotel, motel.
Craft studio.
(16)
(17)
Business school.
(18)
Commercial indoor recreation.
(19)
Outdoor recreation, commercial outdoor recreation, golf course.
(20)
Marina.
(21)
Community center.
(22)
School.
(23)
House of worship.
(24)
Public facility or use.
(25)
Open space.
(26)
Public utility.
(LDR 1998, § 431)
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June 5, 2007 Meeting Page 2 of 13
Sec. 90-403. Customary accessory uses.
Each permitted principal use in the PUD-M district is also permitted to have acdessoryuset
(LUH 1996, � 433)
Sec. 90-404. Area, lot, and struct Dimensional requirements.
The dimensional standards for the PUD-M zoning district shall be as folio is
(1) Minimum PbV area. Minimum size of planned unit development PUI3-M zon
district shall be 5 30 contiguous acres under §ingle
frnntantz of i nn:fppt nn a nuhlic Street. Pror)erties will be considered c
(2) Maximum PUB overall density. Maximum overall density in a PUD-M district shall
not exceed 7.5 dwelling units per gross acre.
(3)
Minimum %° of Maximum % of Maximum,
d Us Mix total acrea e o al r
Re.sidgntigl 45% °10 7.
o rner IaVN n-re i nti I 10% 1 °o f �'}
O en Sae 40% 53°In
L!LFlo r,Area Ratio
(4)
(5)
(6)
hr
Minimum separation between structures and/or buildings'.
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June 5, 2007 Meeting
Page 3 of 13
Residential buildings shall be separated from each othar
•
(7)
W. -,-- - :.-
0
pereemt 60
height pereemt
(8) Maximum of ,
: by these
tise, the rnaximurn height shall be as foliewso All ,
ises
U
Buffers and landscaped areas in off-street aarking areas:
Lcl Golf course fairways may account for, no more than 50 oerce
ra
10 Improved recreation areas required.
Lai
I` Said recreation area shall have at least 15 sau
H. The minimum size for said recreation area shall be 750 square
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Language highlighted was revised per
June 5, 2007 meeting Page 4 of 13
iii. The imp -roved recreation area shall be co
im
Sec. 90-405. Additional regulations.
Additional regulations which shall apply to all uses in the PUD-M district include, but are
not limited to:
(1)
(2)
Utilities shall be
placed underground
in accordance with Section 78-72.
(3)
All development
shall be connected
entr I water and sewer.
("(41 Concurrency regulations.
(gym Parking and loading regulations.
O)n Landscaping regulations.
(4)m Sign regulations.
f5)(M Accessory use regulations.
(6)0 Supplementary use regulations.
f7j 10) Environmental and stormwater regulations.
(W1111 Utilities regulations.
(LDR 1998, § 435)
Sec. 90-406 through 90-415. Reserved.
DIVISION 13. RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD-R)
DISTRICT
Sec. 90-416. Generally.
Lal Defined. A parcel to be planned and developed as a single entity containing one
or more types of residential dwelling units. Appropriate recreational, public and
semipublic uses may be included if such uses are primarily for the benefit of the
residential development.
(0 Purpose and intent. The PUD-R district is established to:
W Encourage innovative creative designs:
J, Ensure enhanced open space and/or amenities and an improved living
environment;
Encourage the use of land in accordance with its character and
adaptability and to protect environmentally sensitive areas;
Promote and ensure high standards in layout, design and construction
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June 5, 2007 Meeting Page 5 of 13
and greater compatibility in design and use between neighboring
properties:
Ensure development of the site in a manner harmonious with surrounding
areas and community facilities:
L61 Provide for well located clean safe and pleasant residential
developments that minimize strain upon transportation facilities; and
L7� Provide for safe and efficient internal and external vehicular and non -
vehicular traffic circulation.
.c Location. A PUD-R district is permissible only on tracts within areas designated
on the Future Land Use Map in the Comprehensive Plan as Residential Single
Family or Residential Multi -Family.
fM Efttitign Appktftm submittal requirements and other requirements and
conditions for rezoning to the PUD-R zoning district and amendments to an
approved residential PUD shall be governed by the provisions of Sections 90-
434 through 90-437 of Division 14 of these Land Development Regulations
Sec. 90-417. Permitted uses.
Allowable uses in a PUD-R district located on lands designated Residential
Single Family on the Future Land Use Map include:
tai
U
Detached single-family dwellings zero lot line single-family dwellings
Public facilities.
Allowable uses in a PUD-R district located on lands designated Residential Multi -
Family on the Future Land Use Map include:
Laj Detached single-family dwellings zero lot line single-family dwellings
Two-family dwellings.
Lcj Multiple -family dwellings.
(d) Adult family care or assisted living facilities.
U Public facilities.
M
Sec. 90-418. Dimensional standards.
The dimensional standards for the PUD-R zoning district shall be as follows:
Minimum parcel size: Five contiguous acres under single ownership with a
minimum frontage of 100 feet on a public street. Properties will be considered
contiguous if they are separated only by public rights -of -way and no individual
parcel is less than two acres in area.
Maximum density. Maximum density allowable in the PUD-R zoning district shall
be as follows:
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June S, 2007 Meeting
Page 6 of 13
Land
Use
Designation
Housing
Component
MAXIMUM GROSS DENSITY*'
Conventional
Housin
Affordable
Housin
1
inc le Famil
Sin ale
4 d.u. Der acre
5 d.u. Der acre
2
Multi -Family
All housin es
10 d.u. per acre
11 d.u. ger acre
—' Gross acreage in PUD (excluding public streets and rights -of -way
existing prior to rezoning to the PUD-R district) divided by the total
number of dwellina units.
Maximum heOht Allowable height in developments in a PUD-R district shall be
determined after review of surrounding land uses to ensure that the proposed
development will not create any external impacts that would adversely affect
surrounding development existing or proposed No building structure, or part
thereof shall exceed a total height of 45 feet except as approved by special
exception.
Maximum building dimension. The maximum dimension of any structure or group
of attached structures shall not exceed 160 feet for any one building face.
Minimum perimeter setback No building or structure shall be located closer than
20 feet to any perimeter boundary of the PUD-R district.
Minimum separation between buildings. Buildings shall be separated from each
other by a distance equal to not less than 12 feet.
j7) Maximum lot coverage and impervious surface coverage. Maximum allowable
lot coverage is 40 percent and the aggregate of lot coverage and impervious
surface area is 60 percent of the gross land area of the PUD-R district.
Open Space Requirement A minimum of 40 percent of the PUD-R district area
shall be reserved for landscaping and open space The following uses may
contribute to the open space requirements provided the minimum dimensions
are met:
(al Buffers and landscaped areas in off-street parking areas;
Dry detention areas and existing or proposed bodies of water, including
wet stormwater management areas, may count up to a maximum of 50
percent of the open space requirement;
U Active and passive recreation areas and public use areas such as
playgrounds golf courses lake -beach frontage, nature trails, bike paths,
pedestrian ways tennis courts swimming pools, plazas, atriums,
courtyards and other similar areas count as open space as long as a not
more than 20 percent of the recreational or public area counted as open
space consists of impervious surface;
r'd Areas must have a minimum dimension of at least 10 feet (length and
width) and comprise an area of not less than 200 square feet to count
towards meeting the minimum open space requirement.
(9) Improved recreation areas required.
(a) Except as set forth in subsection (b), multi -family areas of five acres or
more or multi -family developments containing 50 or more dwelling units:
or, single-family, zero lot line single-family, or two-family developments
containing 50 or more dwelling units and built on lots smaller than 6,250
square feet (12,500 square feet for duplexes) or developed at a density
greater than five units ler gross acre, shall provide an improved
recreation/play area or areas that meet(s) the following standards:
I. Said recreation area shall have at least 15 square feet of land area
for each dwelling unit with two or more bedrooms:
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June 5, 2007 Meeting Page 7 of 13
ii. The minimum size for said recreation area shall be 750 square
feet and the improved recreation area shall be located away from
streets, lakes or canals or shall be fenced,• and
iii. The improved recreation area shall be constructed in accordance
with the U. S. Consumer Products Safety Commission guidelines
Lbj This requirement shall not apply to developments or portions thereof that
are restricted by deed, notation on the face of the plat or other recorded
instrument which, in the opinion of the city attorney, limits occupancy
within the development or portion thereof, to adults
Sec. 90-419. Additional regulations.
Additional regulations which shall apply to all uses in the PUD-R district include but are
not limited to:
Coditions, reouirerr
Utilities shall be placed underground in accordance )Nit Section Z8 72
All development shall be connected to central water and sewer.
'Concurrency regulations.
Parking and loading regulations.
U Landscaping regulations.
U Sign regulations.
M Accessory use regulations.
U Supplementary use regulations.
10 Environmental and stormwater regulations.
Lill Utilities regulations.
Sec. 90-420 through 90-427. Reserved.
DIVISION 14. REGULATIONS APPLICABLE TO ALL PUD-M AND PUD-R
Sec. 90-428. General development review standards.
L. Physical characteristics of the site. The property shall be suitable for
development in the manner proposed without hazard to persons or property, on
or off the site. Conditions of soil, groundwater level drainage and topography
shall be appropriate to both type and pattern of use intended.
0
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June 5, 2007 Meeting
Page 8 of 13
Developments in PUD-M or PUD-R districts shall include additional screening,
buffering. transitional uses or other design features as necessary, to adequately
protect existing or probable uses of surrounding property.
Opaque durable fencing masonry walls or a vegetative screen that is
views lighting noise or other off -site influences, and to protect occupants of
adjoining properties from similar adverse influences.
This provision gives consideration to the site's advantages and limitations, as
well as the compatibility of the development to adjacent sites. The design of the
site should consider all existing features both natural and man-made, to
determine those inherent dualities that give the site and surrounding area its
character.
Access and internal circulation. Principal vehicular access points shall be
designed to encourage smooth traffic flow with controlled access and turning
movements and minimize hazards to vehicular and pedestrian safety. The
interior circulation system shall be designed to provide for safe and efficient
motorized and non -motorized (e.g., bicycles) vehicular and pedestrian
movement as appropriate to the character of the proposed development.
Vehicular access to streets or portions of streets from off-street parking and
service areas shall be so combined, limited, located, designed and controlled as
to channel traffic from and to such areas conveniently, safely, and in a manner
which minimizes friction and excessive interruptions, and promotes vehicular and
edestrian safe
Streets drives parking and service areas. Streets, drives, parking and service
areas shall provide safe and convenient access to all buildings and general
facilities.
Natural and historic features. Developments in a PUD-M or PUD-R district shall
be designed to preserve natural features of the land and historic resources, such
as existing trees natural topography, and historic and archeological sites, as
much as possible Natural resources and natural features may not be impaired
or destroyed unless it is in the public interest to do so. In determining whether
such action is in the public interest, the benefit which would reasonably be
expected shall be balanced against the reasonably foreseeable detriments of the
activi .
Density. Density shall not exceed maximums established in the Comprehensive
Plan and shall be established after consideration of criteria in the
Comprehensive Plan, neighborhood compatibility, and site design.
Screening of trash and refuse containers. All central refuse, trash and garbage
collection containers, or those serving multiple dwelling units, shall be screened
from sight or located in a such a manner so as not to be visible from any public
area within or adjacent to the PUD-M or PUD-R district.
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June 5, 2007 Meeting Page 9 of 13
Sec. 90-429. ftitign Am"cattion requirements for rezoning to a PUD-Ail or PUD-R
district.
t* r) Am appiieatiem form provided by the City shall be filled out and submitted
alona with a written statement describing the nature and intent of the proposed
development. The petition amMie� package shall include the following
A professionally prepared conceptual site plan that conveys the general extent
and character of the proposed development and that contains the following
information:
U the title of the project and name of the developer, owner, and authorized
agents:
areas of residential and nonresidential development-
U location and extent of proposed open space:
(d� location of proposed community or public uses (e g recreation areas
clubhouses. schools, houses of worshp etc.)-.
U basic vehicular, pedestrian and other circulation systems-,
M proposed points and methods of access; and
�M anticipated phasing plans.
0 A summary table with the following information.
U maximum number and type of residential units
total land area, overall gross residential density and land area and density
of each individual residential area:
(cl total maximum square footage of each nonresidential use by type land
area and maximum square footage by type of nonresidential use for each
distinct development area: and
approximate land area devoted to conservation retention recreation
parks, and other open space areas.
,(3) Surveys, drawings or other information sufficient to indicate the general
proposed plan for drainage including out -falls and a written summary of the
proposed drainage plan.
01
m
fm
m
m
A list and description of any areas or facilities proposed to be dedicated for
public use.
A_phasing plan if applicable, including a time frame for the completion of each
phase and for the entire development.
An "as built" map of the site indicating the boundaries of the subject property and
indicatina all streets, buildings, water courses and other important features.
A description, and a map identifying the location, of all environmentally sensitive
lands, wetlands, significant areas of native vegetation, and wildlife habitat.
A preliminary traffic impact analysis and discussion of the availability or proposed
A preliminary analysis on the impact on schools.
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Language highlighted was revised per
June 5, 2007 Meeting Page 10 of 13
10 A discussion of the proposed or anticipated sources of potable water, sanitary
sewer, solid waste disposal and other utilities and the availability of such utilities
based on proiected residential and nonresidential demand.
11
A list of required regional state or federal permits or approvals.
1'3 A fiscalimpact study of the proposed project demon
14 Other written or graphic materials such as architectural elevations, may be
submitted to convey or clarify the nature, character, intent or other attributes of
the proposed development.
Sec. 90-430.Other requirements and conditions.
All plans maps surveys documents and the like required as part of the pet,.jtid6
applieatkan may be submitted in large format or in binders where appropriate for
review and presentation purposes but shall also be submitted in a reproducible
format for distribution to review bodies unless a sufficient number of copies is
provided.
When provisions forphasin� are included in the development plan, each phase
of the development must be so planned and related to previous development
phases surrounding properties and the availability of public facilities and
services that failure to proceed with subsequent phases of the development will
have no adverse impact on any completed phase or surrounding properties.
The City Council may establish in addition to concurrency requirements,
reasonable periods of time for completing the project or phases thereof,
including any dedicated public facilities that are part of the development.
L41 If the review of construction plans, the review of a final traffic impact analysis or
the process of obtaining required regional state or federal permits results in a
finding by the City that amendments to the planned development are necessary
beyond those that may be approved administratively, including a failure to meet
an established level of service, the development plan shall be resubmitted to the
City for review and consideration of such amendments in the same manner in
which the planned development was initially approved.
Sec. 90-431. Status of an approved PUD-M or PUD-R development.
When approved pursuant to the provisions of the Land Development Reaulations, the
conceptual development plan and other materials and documents as are adopted by
ordinance shall constitute an amendment to these regulations and the Official Zoning
Map. Development within a PUD-M or PUD-R district may occur only in conformity with
the approved conceptual development plan unless amended as provided under Section
Sec. 90-432. Review and approval process for rezoning PUD-M and PUD-R zoning
districts.
The petition including the conceptual site plan, is reviewed by the
building official/zoning administrator for completeness in accordance with
Sec.70-334. When the petition gpREggjjgft is deemed complete, the formal
substantive review process begins.
Language etrieken is to be deleted
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Language highlighted was revised per
June 5, 2007 Meeting Page 11 of 13
The Technical Review Committee (TRC) reviews the conceptual plan and
forwards its report and recommendations to the Planning Board in accordance
with Sec. 70-102.
U3) The Planning Board reviews the petition apRFieat M for rezoning including the
conceptual site plan in accordance with Sec 70-152(3) This review is conducted
at a public hearing rper Sec. 70-335(3)1 and the Planning Board's
recommendation is forwarded to the City Council for consideration
The City Council considers the petition a heati m for rezoning If the rezoning
is approved. the site plan review process is initiated
The Applicant submits the final site plan accompanied by the more detailed
information and drawings required for this review. TRC reviews the final site plan
and approves, approves with changes or conditions or denies the petition
app eation for site plan approval. If there are additional aspects of the site plan
reauirina approval by another body, such as variances or requests for exception
to the parking regulations, the site plan is forwarded to the Board of Adjustment
and/or City Council as appropriate for final disposition
Sec. 90-433. Amending an approved planned development
A planned development approved as part of a rezoning to the PUD--M or PUD-R zoning
districts, may be amended in the same manner in which it was initially approved:
provided, however, that a minor amendment may be approved administratively by the
City Administrator after review and approval by the Technical Review Committee The
City Administrator, at his discretion, may direct that a minor amendment be considered
in the same manner as the development plan was initially approved A minor
amendment is defined as follows:
Any decrease in the total square footage density or intensity in the approved
development plan;
Internal realignment of rights -of -way other than a relocation of access points to
the planned development itself, where there is no net reduction in the size of
conservation, preservation or required open space areas or easements',
Relocation of building envelopes where there is nor encroachment upon required
conservation, preservation or required open space areas or easements and no
reduction in the setbacks between buildings or from perimeter boundary lines-,
Relocation of swimming pools, clubhouses, or other recreation or other common
facilities when such relocation will have no net impact on adjacent properties or
land uses and do not encroach upon required conservation or preservation
areas or reauired easements: and,
Relocation, reduction, or reconfiguration of lakes, ponds or other water facilities
subject to the submittal and approval of revised water management plans.
Sec. 90-434 through 90-440. Reserved.
Section 2. Conflict.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 3. Severability.
If any provisions 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.
Language eb4ekee is to be deleted
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Language highlighted was revised per
June 5, 2007 Meeting Page 12 of 13
Section 4. Effective Date.
This Ordinance shall take effect immediately upon its passage.
INTRODUCED for first reading and set for final public hearing on this 5th day of June, 2007.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 3rd day of July , 2007.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Language 964okett is to be deleted
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Language highlighted was revised per
,rune 5, 2007 Meeting Page 13 of 13
LARUE PLANNING & MANAGEMENT SERVICES, Inc.
1375 Jackson Street, Suite 206
Fort Myers, Florida 33901-2845
239-334-3366 - FAX: 239-334-6384
MEMORANDUM
DATE: June 22, 2007
TO: City Council
FROM: Bill Brisson
RE: Revisions to the proposed PUD ordinance and regulations
At your meeting on June 5, 2007, you directed us to make certain changes to the draft PUD
regulations for consideration and discussion at the second reading of the ordinance. The
following will provide you with a brief explanation of the substantive changes included in the
new ordinance. The revised ordinance is attached and the changes made specifically as a result
of your direction at the last meeting are highlighted.
SUMMARY OF MAJOR CHANGES PROPOSED TO THE
CURRENT PLANNED UNIT DEVELOPMENT PROVISIONS
There are two major areas of change. The first area involves changes to the current Planned Unit
Development regulations contained in Division 12 that allow for a mix of residential, commer-
cial and other nonresidential uses. The second is the addition of a new PUD-R that allows only
residential use, accessory uses and recreational, public and semipublic uses.
1. Current PUD
This district is now proposed to be called the Mixed -use PUD district (PUD-M) and the
regulations will remain in Division 12. The changes to this section are primarily to ensure
that the PUD-M regulations are in conformance with Policy 2.1 of the Future Land Use
Element pertaining to the new Mixed Use Residential land use category. Specific changes
to this section are as follows:
a. changed the name to PUD-M;
b. added a purpose statement;
C. added dimensional regulations that are, for the most part, similar to those developed
for the new PUD-R district, and to which have been added provisions to ensure that
the regulations are consistent with the requirements of Policy 2.1 of the Future Land
Use Element of the Comprehensive Plan.
2. New PUD-R
The following briefly describes the 12 major substantive additions and changes to the
current regulations to accommodate this new district. These regulations are contained in
Division 13, and are summarized herein. These changes are the same as contained in our
earlier memorandum to your dated May 30, 2007 and used during our discussions at the
June 5f' meeting. Following these 12, we have summarized the changes we have made to
address your concerns expressed at the June 5 b meeting.
a. The current regulations do not provide a clear statement of the purpose of the PUD.
A statement of the purpose and intent of the Residential PUD district (PUD-R) is
included in Sec. 90-416.
b. In addition to the 5-acre minimum size, a minimum of 100 feet of frontage is required
to ensure that there is adequate access to the property from a public roadway [Sec. 90-
418(1)].
C. Density will only be calculated on privately owned property and excludes public
streets existing prior to the rezoning to PUD [Sec. 90-418(2)].
d. A provision has been added limiting the maximum building dimension to 160 feet to
avoid single buildings that are out of character or scale with the community [Sec. 90-
418(4)].
e. There will be no individual minimum lot sizes or minimum yards for property within
the PUD, but buildings must be separated by a minimum of 12 feet. The proposed
minimum separation is less than now currently required when multiple buildings are
located on a single parcel [Sec. 90-418(6)].
f. In order to ensure that residential PUDs are not too crowded and provide for an
adequate living environment in conformance with the intent of the PUD district,
minimum open space requirements are proposed, with limitations as to how much of
the required open space can be in the form of lakes or retention areas [Sec. 90-
418(8)].
g. Improved recreation area required when the PUD includes portions of the develop-
ment that are likely oriented towards families (based on the number of units with two
or more bedrooms) [Sec. 90-418(9)].
h. General development review standards are included that will be used in evaluating the
conceptual plan to determine if the initial request for a rezoning to the PUD-M or
PUD-R district should be approved and in reviewing conceptual and final site plans
[Sec. 90-428].
i. Application requirements and contents of the application package, and other necess-
ary requirements and conditions are set forth in Sections 90-429 and 90-430. These
requirements are similar to those used by Okeechobee County and other local
governments throughout the State.
i
A provision describing the status of an approved PUD and explaining that develop-
ment may only be undertaken in conformance with the approved conceptual site plan
has been added [Sec. 90-431].
k. The review and approval process for rezoning to either PUD district is described in
Sec. 90-432 and mirrors the process now used in the City.
1. Section 90-433 describes the manner and conditions under which an approved PUD
may be amended.
3. Changes to address direction given at the June 5"' City Council meeting.
a. Deleted all references to mobile homes as allowable uses in the PUD-M and PUD-R
districts.
b. Added requirements to both the PUD-M and PUD-R districts to require underground
utilities and for all development in these districts to be connected to central water and
sewer.
C. Added text suggested by the City Attorney to more clearly describe allowable
accessory uses and structure in both the PUD-M and PUD-R districts.
d. Moved the General development review standards to Division 14, so that these
standards will be used in evaluating and establishing conditions for both the PUD-M
and PUD-R districts.
e. Replaced the text recommended by the Planning Board as contained in Section 90-
428, General development review standards, in the first paragraph of subsection (2)
Compatibility and relationship to adjacent property, with language suggested by the
City Attorney.
f. Added provisions under Sec. 90-429, pertaining to application requirements, to be
consistent with Policy 2.1 of the Future Land Use Element of the Comprehensive
Plan.
The Okeechobee News
P.O. Box 639, Okeechobee, Florida 34973
(863) 763-3134
Published Daily
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared
Judy Kasten, who on oath says she is Publisher of the Okeechobee
News, a DAILY Newspaper published at Okeechobee, in
Okeechobee County, Florida; that the attached copy of advertise-
ment, being a
in the matter of
r
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues
of
Affiant further says that the said Okeechobee News is
a Newspaper published at Okeechobee, in said Okeechobee
County, Florida, and that said newspaper has heretofore been
published continuously in said Okeechobee County, Florida
each week and has been entered as second class mail matter at
the post office in Okeechobee, in said Okeechobee County,
Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant
further says that she has neither paid nor promised any person,
firm or corporation any discount, rebate, commission or refund
for the purpose of securing this advertisement for publication in
the said newspaper.
awom¢orand sub§cribefore me this
day of A.D.
if
Z
N Public, State of lorida at Large
PUBLIC NOTICE
CONSIDERATION OF ADOPTING
A CITY ORDINANCE
.EASE TAKE NOTICE that the Cfry Council of the City of Okeechobee, Florida
on Tuesday, July 3, 2007 at 6:0g p.m. or as soon theieatter possible, at City
55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING on aril thereafh
consider fatal rea�up of the f Ordinance Into law: NO. 9M: AN 01
NONCE OF THE CRY OF OIO ECHOB FLOINOA, AMENDING ORDINANCE i
LAND DEVELOPMENT REGULATIONS, PARTICULARLY SECTION 90401
THE LAND DEVELOPINEN' REGULATIONS, SECTION 90 W OF THE LAND
VELOPIAENT REGULATIONS, SECTION 90-403 OF THE LAND DEVELOPMI
REGULJTIONS, SECTION 90.404 OF THE LAND DEVELOPMENT REGULATIO
SECTION U405 OF THE LAND DEVELOPMENT REGULATIONS, SECT
90.409 OF THE LAND DEVELOPMENT REGULATIONS, AND SECTIONS W
TO M-440 OF THE LAND DEVELOPMENT REGULATIONS, REVISING 1
PLANNED UNR DEYELOPMFJR (PUD)) DISTRICT AND ADDING DIVISION
FOR THE RESIOE►RIAL PLANNED UtN't DEVELOPENT (PUD-R) DISTRICT, PI
it members aT Vte pt�gc are encouraged to attend and participate in said hearing
The proposed Ordinartce may be inspected in its erNrety by members of the pub
0c in the Ofhce of the City Clerk due ng regular business hours, Mon -Fri
Bam-4: exceptfahokdays.
EASE T E NOTICE AND BE ADNSED that g any person desires to appeal an)
decision made by fhe City Council wiN respect b arty matter considered at ft
hearing, such imerested person wgl need a ecord of the proceedings, and foi
such purpose may need to ensure a verba0m record of the proceedings is made,
wtt cft recall includes the testimony and ev Bence upon which the appeal is to be
based. City Clerk media are for the sole purpose of backup for official records of
One Clerk.
accordance with the Americans with Disability Act (ADA) and Florida Statutes
286.26. persons with disabilities needing special accommodation to participate in
this proceeding should contact Lane Gamiotea no later than two (2) working days
prwr to the proceeding at 863-763-3372 Q-15, it hearing or voice impaired, call
TDD t-800-222-3448-(votce1 or 1-888-447-5620 (T-M.
Janetta Thiboult
Commission # DD505311
9� woe Expires January 10, 2010
Or P- ft— Troy Fin rnwronce. erc 900 385-7079
The Okeechobee News
P.O. Box 639, Okeechobee, Florida 34973
(863) 763-3134
Published Daily
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared
Judy Kasten, who on oath says she is Publisher of the Okeechobee
News, a DAILY Newspaper published at Okeechobee, in
Okeechobee County, Florida; that the attached copy of advertise-
ment, being a
1
in the matter of
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues
of
�7 -
Affiant further says that the said Okeechobee News is
a newspaper published at Okeechobee, in said Okeechobee
County, Florida, and that said newspaper has heretofore been
published continuously in said Okeechobee County, Florida
each week and has been entered as second class mail matter at
the post office in Okeechobee, in said Okeechobee County,
Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant
further says that she has neither paid nor promised any person,
firm or corporation any discount, rebate, commission or refund
for the purpose of securing this advertisement for publication iA
the said newspaper. /
Swdsn s+S and subL4fibed before me this �}
day of A.D. 20 t
N y Public, State o ornda at Large
Janetta Thiboult
" Commission # DD505311
P� Expires January 10, 2010
e bowed Troy Pao insurance hrc WD-38&7019
NOTICE OF
PUBLIC HEARING
TO CONTINUE IMPOSITION AND PROVIDE FOR SOLID
WASTE COLLECTION SPECIAL ASSESSMENTS
PURSUANT TO FLORIDA STATUTES 197.3632, NOTICE IS HEREBY
GIVEN by the City Council of the City of Okeechobee, Florida, will con-
duct a public hearing to consider continuing the imposition of annual
solid waste collection special assessments for the provision of residential
solid waste collection and disposal services within the incorporated area
of the City of Okeechobee, Florida.
The hearing will be held at 6:00 p.m., or as soon thereafter as possible,
on Tuesday, July 3, 2007 in the Council Chambers, City Hall, 55 SE 3rd
Avenue, Okeechobee, Florida, for the purpose of receiving public com-
ment on the proposed assessments. All affected property owners have a
right to appear at the hearing and to file written objections with the City
Council within twenty (20) days of this notice. If a person decides to
appeal any decision made by the City Council with respect to any matter
considered at the hearing, such person will need to ensure that a verbatim
record of the proceeding is made including the testimony and evidence
upon which the appeal will be based. City Clerk media are for the sole
purpose of backup for official records of the Clerk. In accordance with the
American with Disability Act (ADA) and Florida Statutes 286.26, persons
needing a special accommodation or an interpreter to participate in the
proceedings should contact Lane Gamiotea no later than two (2) working
days prior to the hearing at (863) 763-3372. If hearing or voice impaired,
call TDD 1-800-222-3448 (voice) or 1-888-447-5620 (TTY)
Copies of the Solid Waste Collection, Disposal and Assessment
Ordinance No. 784, the 2005-2006 Assessment Resolutions No. 05-05 and
No. 05-06, the 2006-2007 Assessment Resolutions No. 06-06 and No. 06-07
and the Final Assessment Resolution No. 07-05, and the 2007-2008
Proposed Annual Rate Resolution No. 07-09, for the Fiscal Year beginning
October 1, 2007 are available for inspection at the Office of the City Clerk
located at City Hall, 55 SE 3rd Avenue, Room 100, Okeechobee, Florida,
Monday to Friday, 8:00 a.m. to 4:30 p.m. except holidays.
The assessments are a non -ad valorem assessment and will be collected
by the Tax Collector in the same manner as your ad valorem tax bill, to be
mailed in November 2007, as authorized by Section 197.3632, Florida
Statutes. Failure to pay the assessments will cause a tax certificate to be
issued against the property which may result in a loss of title.
By: James E. Kirk, Mayor
Attest: Lane Gamiotea, CMC, City Clerk
JULY 3 AGENDA - EXHIBIT NO. �
RESOLUTION NO. 07-08
A PRELIMINARY RATE RESOLUTION OF THE CITY OF OKEECHOBEE,
FLORIDA PURSUANT TO THE SECTION 2.08, ORDINANCE NO. 748
RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND
DISPOSAL SERVICES; SETTING FORTH A BRIEF DESCRIPTION OF
SOLID WASTE SERVICES PROVIDED; DETERMINING THE SOLID
WASTE ASSESSED COST FOR THE UPCOMING FISCAL YEAR;
ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR THE
UPCOMING FISCAL YEAR; AUTHORIZING AND SETTING A PUBLIC
HEARING TO CONSIDER COMMENTS FROM THE PUBLIC CONCERNING
ADOPTION OF AN ANNUAL RATE RESOLUTION; DIRECTING THE CITY
ADMINISTRATOR TO UPDATE THE ASSESSMENT ROLL; AND TO
PROVIDE NECESSARY NOTICE THEREOF TO AFFECTED
LANDOWNERS IN THE CITY OF OKEECHOBEE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee, Florida has enacted Ordinance No. 784, which
authorized the imposition of Solid Waste Assessments against certain assessable
property located within the incorporated area of the City of Okeechobee, Florida; and
WHEREAS, the City of Okeechobee, Florida has previously duly noticed and conducted a
public hearing on August 21, 2001, which provided the opportunity to hear testimony
and take written objections from the public and interested parties in accordance with
Section 197.3632 Florida Statutes, and conjunction therewith, provided written notice
to all affected property owners as to the effective time period, geographic area, and
the maximum rate to be assessed against each parcel, and such additional
information as required by law, and
WHEREAS, Section 197.3632(5) requires that by September 15 of each year thereafter,
the chair of the local governing board must certify a non -ad valorem assessment roll
to the Tax Collector, which is necessary for the imposition of such assessments; and
WHEREAS, the imposition of an annual Solid Waste Assessment is an equitable and
efficient method of allocating and apportioning solid waste collection and disposal
costs among parcels of property within the incorporated area of the City of
Okeechobee, Florida; and
WHEREAS, Ordinance No. 784 Section 2.08 thereof requires that prior to the adoption of
an annual rate resolution that the City must enact a preliminary rate resolution, which
includes the requirement of the City Administrator for the City of Okeechobee
prepare an updated assessment roll; and
WHEREAS, the City Council desires to continue the Solid Waste Collection Assessment
program for the Fiscal Year beginning on October 1, 2007, and said assessment is
a non -ad valorem assessment; and
NOW, THEREOF, be it resolved before the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City:
SECTION 1. AUTHORITY.
This resolution is adopted pursuant to the provisions of Ordinance No. 784;
Resolution 01-08, Florida Statutes 197 and other applicable provision of law.
Page 1 of 3
SECTION 2. PURPOSE AND DEFINITIONS.
This resolution constitutes a preliminary rate resolution as defined in Ordinance No.
784, Section 2.08, and previously adopted. The amount of the solid waste
assessment imposed each Fiscal Year against each parcel of improved property
shall be based on one or more of the following:
a. Classification of improved property reasonably related to the generation of
solid waste or recovered materials.
b. The physical characteristics of a specific parcel or building.
C. Any other factor reasonably related to the generation of solid waste or
recovered materials; or
d. Any combination of the foregoing; provided however, that the factor or
combination of factors employed to compute the solid waste assessment shall
result in a rate of assessment not in excess of the special benefit accruing to
such parcel of improved property.
SECTION 3. DESCRIPTION OF SERVICES.
The services, facilities and programs to be provided to the citizens of the City of
Okeechobee for solid waste collection for the upcoming Fiscal Year include the
continuation of a franchise with a solid waste company acceptable to the City for the
provision of such services; for such company to provide the labor and equipment
necessary to fulfill solid waste services; to provide receptacles for collection; to
provide for scheduled and emergency pick up services; to provide for pick up of
white goods, trash and yard debris; and such other services customarily associated
with such franchise services.
SECTION 4. SOLID WASTE ASSESSED COSTS AND ESTIMATED RATES.
It is determined that the solid waste assessed costs to be assessed for the upcoming
Fiscal Year is the estimated sum of $371,862.00, and that this cost will be
apportioned among customers at an estimated assessment rate for the upcoming
Fiscal Year in the annual sum of $213.96.
SECTION 5. UPDATING ANNUAL ASSESSMENT ROLL.
That the City Administrator is directed to prepare an updated assessment roll for the
Fiscal Year ending September 30, 2008 in the manner provided for in Ordinance No.
784. The updated assessment roll shall be certified on a compatible electronic
medium with that of the Tax Collector, and shall post the non -ad valorem
assessment for each parcel on the roll, to be presented to the City Council for
adoption at an annual rate resolution, which shall be certified to the Tax Collector
before September 15 of the current year. The City Council may make corrections
or alterations to the roll up to 10 days prior to certification to the Tax Collector.
SECTION 6. PUBLIC HEARING.
The City Council authorizes and sets for public hearing the adoption of the annual
assessment roll pursuant to Ordinance No. 784, Section 2.08, to receive public
comment pertaining to adoption of the annual assessment roll on the following date
and time, which shall be duly published by the City Clerk for the City of Okeechobee,
Florida, to -wit:
Date: Tuesday, July 3, 2007
Time: 6:00 p.m., or as soon thereafter as can be heard.
Place: City Hall, 55 S. E. 3rd Avenue, Okeechobee, Florida.
Page 2 of 3
r
The City Clerk is further directed to provide any supplemental or additional notice of
adoption of the annual assessment roll as may be deemed proper, necessary or
convenient to the City.
SECTION 7. SEVERABILITY.
That if any portion of this resolution should be judicially determined to be
unenforceable, then the balance thereof shall continue to remain in full force and
effect.
SECTION 8. EFFECTIVE DATE.
This resolution shall become effective immediately upon its adoption.
INTRODUCED AND ADOPTED in regular session this 3Id day of July, 2007.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
James E. Kirk, Mayor
Page 3 of 3
JU[Y 3 AGENDA - EXHIBIT NO.�
RESOLUTION NO. 07-09
A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RELATING
TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL
SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTE
COLLECTION ASSESSMENT PREVIOUSLY ESTABLISHED BY
RESOLUTION 01-08; ADOPTING THE ANNUAL RATE RESOLUTION AS
PERMITTED BY ORDINANCE 784 FOR FISCAL YEAR 2007-2008;
APPROVING THE PRELIMINARY RATE RESOLUTION; AND CERTIFYING
THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA
STATUTES 197.3632(4)(5) AS NECESSARY UNDER FLORIDA STATUTES
197.3632; PROVIDING FOR PUBLIC HEARING AND COMMENT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Okeechobee, Florida has enacted Ordinance No. 784, which
authorized the imposition of Solid Waste Assessments against certain assessable
property located within the incorporated area of the City of Okeechobee, Florida; and
WHEREAS, the City of Okeechobee, Florida has previously duly noticed and conducted a
public hearing on August 21, 2001, which provided the opportunity to hear testimony
and take written objections from the public and interested parties in accordance with
Section 197.3632 Florida Statutes, and conjunction therewith, provided written notice
to all affected property owners as to the effective time period, geographic area, and
the maximum rate to be assessed against each parcel, and such additional
information as required by law, and
WHEREAS, Section 197.3632(5) requires that by September 15 of each year thereafter,
the chair of the local governing board must certify a non -ad valorem assessment roll
to the Tax Collector, which is necessary for the imposition of such assessments; and
WHEREAS, the imposition of an annual Solid Waste Assessment is an equitable and
efficient method of allocating solid waste collection and disposal costs among
parcels of property within the incorporated area of the City of Okeechobee, Florida;
and
WHEREAS, the City Council desires to continue the Solid Waste Collection Assessment
program for the Fiscal Year beginning on October 1, 2007, and said assessment is
a non -ad valorem assessment; and
WHEREAS, the City has previously adopted a preliminary rate resolution for Fiscal Year
2007-2008 which adopted an estimated assessment rate, and which set the matter
for public hearing this date to consider adoption of the annual assessment; and
NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City:
SECTION 1. AUTHORITY.
This resolution is adopted pursuant to the provisions of Ordinance No. 784;
Resolution 01-08, Florida Statutes 197 and other applicable provision of law.
SECTION 2. PURPOSE AND DEFINITIONS.
This resolution continues an annual rate resolution as defined in Ordinance No. 784,
Section 2.08, and previously adopted.
Page 1 of 4
The amount of the solid waste assessment imposed each Fiscal Year against each
parcel of improved property shall be based on one or more of the following:
a. Classification of improved property reasonably related to the generation of
solid waste or recovered materials.
b. The physical characteristics of a specified parcel or building.
C. Any other factor reasonably related to the generation of solid waste or
recovered materials; or
d. Any combination of the foregoing; provided however, that the factor or
combination of factors employed to compute the solid waste assessment shall
result in a rate of assessment not in excess of the special benefit accruing to
such parcel of improved property.
SECTION 3. SOLID WASTE COLLECTION AND ANNUAL ASSESSMENT ROLL.
a. It is hereby ascertained, determined and declared that continued imposition
of an annual Solid Waste Assessment consistent with the maximum
Assessment Rate schedule in Section 2.08 of Ordinance No. 748, and
Resolution No. 01-08, and also as adopted as the preliminary rate resolution
for Fiscal Year 2007-2008 adopted by the City Council at a duly advertised
hearing continues to be a fair reasonable method of allocating waste
collection and disposal costs among parcels of property within the
incorporated area of the City of Okeechobee, Florida.
b. That the City Administrator has caused to be prepared the assessment roll for
the Fiscal Year ending September 30, 2008 in the manner provided for in
Ordinance No. 784. The solid waste collection and disposal cost for which
the solid waste collection and disposal assessment is intended to pay is
$371,862.00. The cost shall be apportioned among the parcels of real
property within the incorporated area of the City of Okeechobee, Florida as
reflected on the assessment roll.
C. It is hereby ascertained, determined, and declared that based upon the
findings set forth in paragraph (a) and the solid waste collection and disposal
cost described in paragraph (b), the Rate of Assessment for the 2007-2008
Fiscal Year as set forth in Appendix A and attached hereto and incorporated
herein to continue an increase in the Assessment Rate included in any notice
previously provided to owners of assessable property pursuant to Ordinance
No. 784, Resolution 01-8, and Chapter 197 Florida Statutes.
d. That the Solid Waste Collection Assessment Roll as presented by the City
Administrator is hereby approved and adopted for the 2007-2008 Fiscal Year,
and the chair of the local governing board, being the Mayor for the City of
Okeechobee, Florida or his designee', shall certify this non -ad valorem
assessment roll on compatible electronic medium to the Tax Collector for
Okeechobee County, Florida by September 15, 2007, which roll shall contain
the posting of the non -ad valorem assessment for each parcel.
SECTION 4. ESTABLISH MAXIMUM RATE OF ASSESSMENT.
That the rate of assessment set forth in Appendix A for the year 2007 is adopted as
the rate of assessment for the 2007-2008 Fiscal Year. The City of Okeechobee,
through the chair or his or her designee, reserves the right to make such alterations
to the assessment roll for up to ten days prior to such certification if errors or
omissions are discovered in the roll.
SECTION 5. SEVERABILITY.
That if any portion of this resolution should be judicially determined to be
unenforceable, then the balance thereof shall continue to remain in full force and
effect.
Page 2 of 4
SECTION 6. EFFECTIVE DATE.
This resolution shall become effective immediately upon its adoption.
INTRODUCED AND ADOPTED in regular session this 3Id day of July, 2007.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
James E. Kirk, Mayor
Page 3 of 4
RESOLUTION NO. 07-09
Appendix A
The assessments will be computed by multiplying the rate of assessment by, the number
of dwelling units for residential property uses. A single unit will be assessed on the following
schedule:
The amount to be levied in the year 2007:
$213.96
The maximum amount to be levied in the year 2008:
$230.00
The maximum amount to be levied in the year 2009:
$247.25
The maximum amount to be levied in the year 2010:
$265.79
The maximum amount to be levied in the year 2011:
$285.72
The maximum amount to be levied in the year 2012:
$307.14
The total annual revenue to be collected by this assessment for 2007-2008 is:
$371,862.00
The estimated total annual revenue to be collected by this assessment for 2008-2009:
$399,751.00
The estimated total annual revenue to be collected by this assessment for 2009-2010:
$429,732.00
The estimated total annual revenue to be collected by this assessment for 2010-2011:
$461,961.00
The estimated total annual revenue to be collected by this assessment for 2011-2012:
$496,608.00
The estimated total annual revenue to be collected by this assessment for 2012-2013:
... $533,853.00
Page 4 of 4
JULY 3 -1ST READ EXHIBIT Na.
AUG 7 - FINAL EXHIBIT NO.
ORDINANCE NO. 992
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING
THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A
CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED
HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING
DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING
DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING
FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance
Number: 402 in which a revised Official Zoning Map was adopted for said City; and
WHEREAS, Steven Dobbs on behalf of the owner(s), InSite Development Group, LLC, of
the property more particularly described hereafter, has heretofore filed Petition No.
07-008-R, pursuant to the Land Development Regulations of the City of .
Okeechobee for the purpose of rezoning a certain tract of land consisting of 11.29
acre(s) from Residential Single Family -One (RSF-1) Zoning District to Residential
Mulitple Family (RMF) Zoning District and that this request be removed from the
boundaries of the above mentioned zone to allow for the processing of the rezoning
petition; and
WHEREAS, said petition(s) being reviewed by the City's Planning Board at a duly
advertised meeting held on June 21, 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:
LOTS 1 THROUGH 6, INCLUSIVE OF BLOCK 11;
LOTS 1 THROUGH 26, INCLUSIVE OF BLOCK 12;
LOTS 1 THROUGH 26, INCLUSIVE OF BLOCK 21
LOTS 1 THROUGH 6, INCLUSIVE OF BLOCK 22,
ALL WITHIN THE CITY OF OKEECHOBEE SUBDIVISION,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 1, PAGE 10 AND IN PLAT BOOK 5, PAGE 5 OF THE
PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA.
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
Page 1 of 2
Single Family (RSF-1) Zoning District to Residential Multiple Family (RMF) Zoning
District. The zoning for this parcel is subject to the further limitations of the
Comprehensive Plan, Future Land Use Element, Policy 2.6.
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 3rd day of July, 2007.
ATTEST:
Lane Gamiotea, CMC, City Clerk
James E. Kirk, Mayor
PASSED AND ADOPTED after Second and Final Public Hearing this 71h day of August,
2007.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
James E. Kirk, Mayor
Page 2 of 2
JUNE 21, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 5 OF 8
V. PUBLIC HEARING CONTINUED.
E. Consider Rezoning Petition No. 07-007-R continued. III (This petition is associated with Application No. 07-009-SSA)
VOTE
LEDFERD-YEA HOOVER -ABSENT KELLER-YEA MCCOY-ABSENT
BURROUGHS-YEA JOHNS -YEA JUAREZ-ABSENT MAXWELL-YEA
O'CONNOR - YEA MOTION CARRIED.
F. Consider Rezoning Petition No. 07-008-R, submitted by Steve Dobbs on behalf
of property owners InSite Development Group, LLC and D. Curtis Lundberg to
Consider Rezoning Petition No. 07-008-R, submitted by Steve Dobbs on behalf of property owners InSite Development Group, LLC
change the zoning designation from Single Family (SF) to Multiple Family (MF)
and D. Curtis Lundberg to change the zoning designation from Single Family (SF) to Multiple Family (MF) for property located between
Northwest 5'" and 7"' Avenues and Northwest 11 "' and 13"' Streets.
for property located between Northwest 5"' and 7"' Avenues and Northwest 11 "
and 13" Streets. Legal description: Lots 1 through 6, inclusive, Block 11; Lot 1
Legal description: Lots 1 through 6, inclusive, Block 11; Lot 1
through 26, inclusive, Block 12; Lots 1, 2, 3, and 9, in Block 21, less the East 32.50 feet of said Lot 9; Lots 10 through 26, inclusive Block
21;
through 26, inclusive, Block 12; Lots 1, 2, 3, and 9, in Block 21, less the East
and Lots 1 through 6, inclusive, Block 22, of Okeechobee, according to the Plat thereof, as recorded in Plat Book 1, Page 10 and
in Plat Book 5, Page 5 of the Public Records of Okeechobee County, Florida. And Lot 7 and the East 5 feet Lot
32.50 feet of said Lot 9; Lots 10 through 26, inclusive Block 21; and Lots 1
through 6, inclusive, Block 22, of Okeechobee, according to the Plat thereof,
of 8, Block 21,
Okeechobee City Subdivision, according to the Plat thereof, recorded in Plat Book 1, page 10, of the Public Records of Okeechobee
County,
as
recorded in Plat Book 1, Page 10 and in Plat Book 5, Page 5 of the Public
Florida lying and being in the Northeast 1/4 of Section 16, Township 37 South, Range 35 East a/ka 513 Northwest 12`" Street,
Okeechobee, Florida, 34974
Records of Okeechobee County, Florida. And Lot 7 and the East 5 feet of Lot 8,
Block 21, Okeechobee City Subdivision, according to the Plat thereof, recorded
in Plat Book 1, page 10, of the Public Records of Okeechobee County, Florida
Bill Brisson stated that LaRue Planning Staff recommends approval of the second phase of the project development by InSite
Development
lying and being in the Northeast 1 /4 of Section 16, Township 37 South, Range
Group, LLC., however traffic is still an issue with Mr. Salehi, traffic analyst with LaRue Planning and Management. Mr.
Salehi stated more traffic detail is required for zoning versus land use change.
35 East a/ka 513 Northwest 12`h Street, Okeechobee, Florida, 34974 - Planning
Consultant
Board Member Maxwell asked what specific information Mr. Salehi was looking for. Mr. Salehi distributed documentation with Level
of Service (LOS) details for the area which were printed in 2000, but were applicable at this time for another month or so, at which time
new LOS's would be issued. Mr. Trent Aebersold of McMann Associates, traffic analyst for InSite Development reported it would take
$50,000.00 to analyze the secondary roads surrounding the property. The secondary roads, he stated, that are to carry local traffic.
It was decided that local roads carry the burden of the traffic to the main corridors. Mr. Dobbs added that should a traffic signal be
required in the future on 9' Street and Highway 441 North, the developer would be willing to share a portion of the cost. Chair Ledferd
asked whether there were any questions from the citizens or the Board. Mary Hinton, 12 Oak Court, stated that she feels strongly that
the developer has gone beyond what is needed, and would appreciate the Board's support.
Board Member O'Connor moved to find Rezoning Petition No. 07-008-R consistent with the Comprehensive Plan and recommend
approval to City Council; seconded by Board Member Burroughs.
VOTE
LEDFERD-YEA HOOVER -ABSENT KELLER-YEA MCCOY-ABSENT
BURROUGHS-YEA JOHNS -YEA JUAREZ-ABSENT MAXWELL-YEA
O'CONNOR - YEA MOTION CARRIED.
. ' r
City of Okeechobee
General Services Department
55 S.E. 3' Avenue, Room 101
Okeechobee, Florida 34974-2903
Phone: (863) 763-3372, eat 218
Fax: (863) 763-1686 -
�=JT x>/6 -7 Pa{tion No.0 % -60 g—
Fee Paid: �OD-+� Jurisdiction: �B wC fg
Ist Hearing: of 7 2na Bearing
Publication Dates:
Uniform Land Use Application
✓
Name of property owner(s): l eLLe-
S
A
a
Owner mailing address:
n ,e
P
Name of applicant(s) if other than owner (state relationship):
T+- =
Applicant mailing address:
g T
=N =
Name of contact person (state relationship): o bb5 -P. I=
r3'=;
rr
Contact rsondaytime hone(s): �(p3-+i(p`- Fax: �(p3`110-DaG� 1
UN 4
✓
Property address / directions to property: &LW S 1e n (� l,�", l jJ((�
I�O
property: 1 t 3 ��
Indicate current use ofiand
Des improvements on property, including number/type of dwellings and whether occupied (if none, so state):
PSlC�
HUA I'R U? (t f
Approximate number of acres_ '� Zvi Is property in a platted subdivision? eI
P
Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe:
R:
N0
Have there been any Iand use 1pplicatio7concerimigallorpar of this property in the last year? If so, indicate date,
nature and applicant's name: f Sora i A f
l�jf
R2=
Is a sale subject to this application being granted? 0 —
�r
Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses:
Describe adjoining land uses / improvements to the North: Ltq tt11 Iet
South: 1111Ai Ff761 East: ae West: -�6 + (SV
Future Land Use classification:
Actions Requested: ]0z==CSpecial Exception (_) Variance
-_ Parcel Identification Number:
✓ `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 appiication.
L �. f , �it
Si- gnature~ Printed Name Dat
Uniform Land Use Application (rev. 1/03)
Pane 1 of 2
Current zoning classification: K 5 V - Requested zoning classification:
R
What is your desired pennitted use under the pro sed classification:
E
O
N
if granted, will the new zone be contiguous with a like zone?
E
S
Is a Special Exception necessary for your intended use? _t Variance?
the Special Exception sought:
HDescribe
S
P
E
C
I
Provide specific LDR or ' ante citation:
A
L
Are there other similar uses in the areso, describe:
E
x
C
E
P
Why would granting your request be in the best intere f the area and residents?
T
--
I
Q
—
if business_ briefly describe r!,nure in,luding number of employees, hours_ noise '_>eneranon and actix,iOes to be
R
I conducted outside of a building,
Describe Variance so ht:
V
A
R
Describe physical characteristic of pr rty that makes variance necessary:
�I
A
N
C
Did you cause or contribute to the characteristic? Is describe:
E
What is the minimum variance necessary?
Uniform Land Use Application (rev uo>) Page 2 of 2
/�udd r/o�es P.f. & �lss�afes �fl.
May 21, 2007
City of Okeechobee
55 SE aid Avenue
Okeechobee, FL 34974
Job: Southern Trace
Re.: Petition of Rezoning
-Statement of Interest
-Statement of Special Reason and Basis for Request
-Statement of Intended Use, Nature of Activities and Development of property
Dear Reviewer:
The purpose of rezoning ofthc parcels li
family residences up to sted below is to allow the development ofrnslti-
(► units per acre_ By allowing the mutt] -family zoning, we feel
we can provide more affordable housing to the growing Okeechobee market and would
also be compatible with existing uses. The adjacent land to the south is the Florida
Department of Transportation's Maintenance yard and Borrow Pit. The land to the west
is the Old Railroad Right of Way which is currently used as a cattle feed lot. The land to
the north is zoned RSF, but is currently undeveloped. The land to the east is zoned RS-
MF, this is also currently undeveloped.
The proposed rezoning is for the following parcels:
BLOCK 12
3 -15-3 7-3 5-0010-00120-0010
3 -15 -3 7 -3 5-0010-0012 0- 0110
3-15-37-3 5-0010-0012 0-0170
BLOCK 21
3-15-37-35-0010-00210-0010
3-15-37-35-0010-00210-0100
BLOCK 1 I
3-15-37-35-0010-00110-0010
BLOCK 22
3 -15-3 7-3 5-0010-00220-00I 0
?i11N1t� Surd Sut�20% - C 1rol f� , k979 - 963-467-0076 - r� S63467,fgVl
3-15-37-35-0010-00210-0110
3-15-37-35-0010-00210-0070
3-15-37-35-0010-00210-0080
3-15-37-35-0010-00210-0060
3-15-37-3 5-0010-00210-0040
3-15-37-3 5-0010-00210-0170
If you should have any questions or comments, please do not hesitate to give us a call
Sincerely,
Rudd Jones, P.E. & Associates, P.A.
Steven L. Dobbs, P.E.
cc: Curt Lundberg
ATTACIUMENT A
Parcel ID's for SOUTHERN TRACE
Block 12
3-15-37-35-0010-00120-0170-Lots 17 to 26, Block 12, City of Okeechobee
3-15-37-35-0010-00120-0110- Lots 11 to 16, Block 12, City of Okeechobee
3-15-37-35-0010-00120-0010- Lots 1 to 10, Block 12, City of Okeechobee
Block 21
3-15-37-35-0010-00210-0100- W 15 ft of Lot 9 and all of Lot 10, Block 21, City of
Okeechobee
3-15-37-35-0010-00210-0080- W 42.5 ft. of Lot 8 and E 32.5 feet of Lot 9, Block 21,
City of Okeechobee
3-15-37-35-0010-00210-0070-Lot 7 and East 25 feet of Lot 8, BIock 21, City of
Okeechobee
3-15-37-35-0010-00210-0060- Lot 6 and the West 25 feet of Lot 5, Block 21, City of
Okeechobee
3-15-37-35-0010-00210-0040- Lot 4 and the E 25 feet of Lot 5, Block 21, City of
Okeechobee
3-15-37-35-0010-00210-0010- Lots 1, 2, and 3, Block 21, City of Okeechobee
3-15-37-35-0010-00210-0170- Lots 17 to 26, Block 21, City of Okeechobee
3-15-37-35-0010-00210-0110- Lots 11, 12, 1 ;, 14, 15, and 16. Block 21, City of
Okeechobee
Block 11
3-15-37-35-0010-00110-0010- Lots 1 to 6, Block 11, City of Okeechobee
Block 22
3-15-37-35-0010-00220-0010- Lot 1 to 6 inclusive of Block 22, City of Okeechobee
Dobbs, P.E. to sl n applications am
Developme ro, p
Sig
D. Curtist-u—ndberg
InSite Development
CEO/President
authorize Steven L.
vents on behalf of InSite
Subscribed and sworn to me before by
This i` day of April, 2006.
Witness by hand and officialsea -
My Commission expires: P
Notary Public
State of F10-iJ4
_ ers a
_ Produced Identification
Type
}�` Cyr PCody
This In/rrnglipnI PKM,ed ►1:
Stevan L. Daniel. Ligair.
,1kTfNTt f1+& t.F.Hti I.I•P
$13 wont•. Fink.,1>ivc sett F 4u,
A►%t Palm ik'Wh. Florida 3340i
Fik No ' 246-sq4 ,1
$+wA onMrdueferftae'a"i,Dwt_- --
WARRANTY DEED •—___._
TENS INDEI"TU do made thit312th
Inc.. a Florida caryorntioday of.lassnary20 , 06. bMWeen Kcvo,* 9,wwMpnwbM
('Grantor), to ftrStbe Dove It and WS Inv*$Wwnt% LLC, r Fkxida 110111tadIllablift comPany.
bpment �3roup-C, a Colorado 1 LL
Post Office address is L knftd liability Minpany, whose
C a o
TNESSEI tf. that said Grantor for and in consideration of the sum of TEN AND NO/tOG
(Santee} DOLLARS and other good and valuable consideration to said Grantor in hand paid bysaid
Grantee, the receipt whersOf is hefeby atknowiedped has grar>ted, 68►gair and sold to the
Grantee ke Grantee's hears and assigns forever the f`61101 g dest-bed land sih,ate, lying artd
bung in Okeechobee Courtly, Florida, to -wit:
Parcel 1:
Lot* 1 thfrotrgh 26, incluslw, Bloch 20 of OKEECHOBEE, according to the Plat
tlrereot am recorded m Pist gook �, Pape 10, and in Plat Book 5. Pages of the
Public Records of Okeocfwbee County, Florida; and Lobs 7 the 10,
1rc�ve, and Lot 11, lest the Weat yg feetthtreW. together wlth.tha North 7.5
feet of the vacated aI19Y (1S feat wide) adjacent 10 said k ta, in Block 29, of
10 and I Plat according m des Plat thprgo f as recorded In Piet Book 1, Pans
10 and M Plat Book S, Pegs 6 of the Public Records of Okeechobee County,
Florida.
Parcel 2_
Lots 1 through 26, induatve. Mock 4; lots 1 6. Lobs 1 ti►fouyh 26.lncdus&*, Block 12; lots 1 tp h 25 � , Stock it-
Late
1, Z, 3, and 8, in Block 21. less the East 32,50 feet of Said L 8 10�'` 13,
through 26. Inclusive. 21; and lots i th . Lots to
OitEECH�EE, according to the PlatLoft I f. ro� as � 1v*• �k 22. of
10 and In Plat gook S. Pave S of the Public Recorde of Okeechoblat ee Cow
Florda. yWqr,
Nme11D Numbers: 3-15-37-35-0010-00040-0010; 3-15-37-3"31o.0pQgp.D140,
3-15-37.35-W()-00110-0010: 3-15-37-35-0010-0012M10.3-15-37 35-oolOM120.0110;
3-15-3735-0010-00120-017p: 3-f5-37-3S-0010-0Q130.0010.3-15-37z35 001Q-0Q1140.
3pp
3-15-3T3-15-3T.35-G010-0D200 001D; 3-15-3T-25-a010-00200-0140, 3-15_37-35-M 0021a0010
35-0010-00210-010D; 3-15-37-35-0010-00210.01 *.0;3_15,?'.35 00iO4M2►a.p170.
3-15 3T-35 0010 00220 0016: 3-15-37-35-00t0-Mq0-0070_
W111r"gy Deeafto, Iof3
t-e1 Obit-nBG-Gpb
i-ragp�r,, 9 t 2..►n
"[t dpt :LO on n2 uatt-
D2/18/20bb 14:03 bb1744b1SF7 MANY Il HINTUN INC PAGE 02
and said Grantor does hereby fully warren; the title to said land and will.aatartd the same against the lawful claims of an persona whorrtooever.
SUBJECT. how woer to taxes for the year2ppB ,no a: bmmuent years: to all govemmerm
regulations: to asstrictiaM. ntmrwsktiwtc and easew ntc of record.
TOGETHER with aD the tenements. h rtdoymems and appUrtenanoea tereto belonghVh
in arywise appertaining_ or
TO HAVE AND TO HOLD the same in be ahnple fonever.
AND. the Grantor ftmbv Covenants with said Graruee that hwaty is feWurly served of said
lands in fag Simple: that Aefshe has goon riRM and lawful auth" to sett and CO3VW sad laid. that
r'"he hereby f,;Uy warranT6 lha title to said land aw will defend the same against •rya lawU aarr is Of an psrstxts whomoever; and that said Iand is fee of all encumbrances whatsoeve•.
"G'antoe' and '1t rantee- one used for singular of pturar, as context regnfte.
IN 1NITNESS WHEREOF. Granwr,at hereunto set Grantors hand ana sea. the day and
Year fM above written.
Sig red. seated and delivered in
our Cfcssence
KOVACN OEVELOPWfgiT. ,NC , a
Florida ion
By Edward J_ Kovach,
MTS IN iESTMENTS. LLC, a Fim"
rin-ded:iaod.tycamoany .%
e' Elf- YenY IVfa1)160ng Member
Printd N ► tom.. '��" r
STATE OF FLORIDA
CAuNTY OF P0A'*' na"A
BEFORE ME. the and r*Vned Sul". on this day. perscnasy appearrtd Edward J
Kovach. Presider! of Kovach Developtnent. Inc., a Florida corporation. w,a ,g personaiiy known t0
w-r DO&PP&ps i on
Z'd D►ii--ROL -Lo♦ 440gpunl Gi1Jr► o _D 1pTrLD 9D pZ war
me. or has produced tdenfift�ipn as shown below, who, being by me fftt tSW
csulionet3, edtnow edged told y swom and
o�wte 1Sted that he
►�epotng inatn:msn!
ttlY'ORN Tq and BUBSGRtg£D tteftxs tr+e ?hit3 �_ day of �Y, 2�Q8.
PubNc
�, t r0o► My corftrr"On t1tP�es_
Pnnted Name of Notary
chedt one-
t Pe"sols signing docunelrd P612011011Y known to nw.
t ) Pe'sa-t
s'9^ed dOCt and PMvided the following form Of identificalioR'
i
STATE OF FIOPt � •mar
r.,411a�ai�Or
COUNTY OF �w..,.
BEFORE ME, Nye u-"nagn d authon*y. or- tr4s Clay y appear" Tent' M.
Shmhrab®rn Marag+� Memxr of MTS Irnrssfrnents. LLC, a Fiord nap
PemOrIally known to me. or has 0' MTS4 idenldir ts. as km ted liabiWy coMpony, who is
swOfn and cautioned, sc Or Shown -'ebw, w^o, be ng by Me fn! edit'
instrume OR-4009ad. depos•d and "herwise stated that he executed we fpsooing
$WORN TO and SUMMVS p before are this 'day,y off Januwy. yppg-
ko-
•oo�tuuk.�aoy PuMic
tiny commission expir..:
Notary- c"ck one: Printed Dame of Notary
f Person Signing doc,:ment p&wnal r
Person sygned document and P�idea n o me
totlovvrng fo.n of identAtcatron:
FILE Mt1M 2006009170
OR SK 00600 PG 0913
-SNARDN RDBERTSOMt CLERK OF CIRCUIT COURT
FL
hMabYandoMmto:
nd
/03903t02 Ph
RECORDED 05/i 9 2006r
Cristhta Gomez
RECORDING FEES 10,00
Attorney at Law
DEED DOC M-00
P.A.
RECORDED BY L Rucks
67th street Suite A-16
P9 0913f (fps)
L FL 33015
3
Fr1e N %M6-163
W'li 1 Call
i
7
Parcel Identi No.3-15-37-350®1D-00210-0070
��k 2
pat Above This Line For Rxad ng
Warranty Deed
(STAn Mitt' FORM . SEMON 6B9.0Z, F.S.)
This Indenture W*l 14th day of April, 20" between Cynthia S. Baker, as nnremarried widow whose post
office address is 2379 NW Okeechobee, FL 34972 of the County of Okeechobee, State of Florida, grantor', and
Curt Lundberg, a married hose post office address is 2 Niblkk Lane, Columbine Valley, CO 89123 of the County
of Jefferson, State of Colorad 1 tee',
WItnesseth, that said grantor, f Rn consideration of the sum of TEN AND NOADD DOLLARS (S10.00) and other
good and valuable considerations for in hand �d by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to grantee, and grantee's heirs and assigns forever, the following destaled land,
situate, lying and being inOkeechobetty, Florida, to -wit
Lot 7 and the East 5 feet of Lot 21, OKEECROBEE CITY SUBDIVISION, according to the
Plat thereof, recorded in Plat k.11Page 10, of the Public Records of OKEECHOBEE County,
Florida. Lying and Being in the NEk f Section 16, Township 37 South, Range 35 East
alka 513 N.W.12th Stream OkeeehobX�orida 34973
Subject to taxes for 2006 and sullio'i@O.K years, covenants, conditions, restrictions, easements,
reservations and limitations of record, i(au f
and said 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, grantor has hereunto set grantor's hand and seal the day and year First above written.
Signed, sealed and delivered in our presence_ nB j
W 74N� e, ! P 6Y% Cyndt S_Baker
Witness am . It —
State of Colorado
County of
The foregoing instruni ent was acknowledged before me this 14th day of April, 2006 by Cynthia S_ Baker, who L J is
personally known or [X) has produced a driver's license as identification
[Notary Seal] SORA DE lA CRUZ
A
MY COMMISSION i DD45M
EXnRES Au&7,2M
Notary Public
Printed Name: c6 & (/� (�ll� ✓�C, Z
My Cor®ission Empires: Afeq, Z 7,9 09
DoubleTumes
Book600/Page913 CFN#2006009170 Page 1 of 1
MaU 29 2007 12,.36P" WASTE MAhAGEMENT 772S459457
P. I
Steven L. Dobbs, P. E.
Senior Pmject Mam w
7 10 NW Piii X Stroei. Suite
Dkeeeho6u,3, R., .14g2
a63-467-0076
RE: SOUTHERN TRACE
Based on the amount of Units that you have planned for the above PtDject Waste
Management has the adequate capacity to ser,0ce this project- if ! can assist Y'01j
furlher on tf,ts Cr a!-'Y Project Please cat; mc at 772-321-4548
Sin rely,
213 oeySonds
Waste Management
1375 Jackson Street, Suite 206
: Fort Myers, Florida 33901-2845
Phone: 239-334-3366 Fax: 239-334-6384
Staff Report
Applicant.- Steven L. Dobbs
Owner: Insite Development Group
From: RSF-I to RAF
Date. June 12, 2007
Petition No. 07-008 R
Applicant: Steven L. Dobbs
Petition No.: 07-008-R
Staff Report
Rezoning Request
General Information
Applicant Address: 210 NW Park Street, Suite 204
Okeechobee,, FL 34972
.,S �.F .. w .. _, ."'..db y ..
4<
Owner Address: 2 Nublick Lane
Columbine Valley, CO 80123
rer Paoneer:Q#' p�idEdk $.
Acreage
Family
11.29 acres same
Legal Description: Lots 1 through 6, inclusive, Block 11, Lot 1 through 26, inclusive, Block 12; Lots
1, 2, 3, and 9, in Block 21, less the East 32.50 feet of said Lot 9, Lots 10 through
26, inclusive Block 21; and Lots 1 through 6, inclusive, Block 22, of
OKEECHOBEE, according to the Plat thereof, as recorded in Plat Book 1, Page
10 and in Plat Book 5, Page 5 of the Public Records of Okeechobee County,
Florida.
And
Lot 7 and the East 5 feet of Lot 8, Block 21, OKEECHOBEE CITY
SUBDIVISION, according to the Plat thereof, recorded in Plat Book 1, Page 10,
of the Public Records of OKEECHOBEE County, Florida lying and being in the
NE '/4 of Section 16, Township 37 South, Range 35 East alka 513 N.W. 121n
Street, Okeechobee, Florida, 34973.
Request:
The applicant is requesting to rezone the above -described property from its current
zoning of RSF-1 to RMF to accommodate a recent Future Land Use Map Amendment
for the property to Multi -Family Residential.
Staff Report Applicant: Steven L. Dobbs
Rezoning Request Petition No.: 07-008-R
'• . .• . .
ti
roo
Zoning District: RSF-1
VCia.'
East Future. La1se IVlap Classrfi�afion MuJt��Fart�y
Zoning District: RMF
s$ ifnW /art w
outt�r�a�P. Classy «anon: ,Publ46
....._..._ ...... .
Zoning District: PUB
Existing, Lii°lase: FDOT use
Yles#'ur� lad`'l1sMap Clasrfatipn; Single F�iiit°
Zoning District: Holding
ri
0., tmg' � isIW ' Single Family nd Vacant„a
A majority of the subject property is vacant. There appears to be four single family
dwelling units on the property, but these are owned by the applicant. In 2006, the
applicant applied for and received a Multi -Family Residential Future Land Use
classification for the subject property to accommodate the intended multi -family
development. The Multi -Family Residential Future Land Use Category allows a
maximum density of ten dwelling units per acre. This means the applicant would be
allowed to develop the subject property with no more than 112 dwelling units.
Analysis
1. The proposed use is not contrary to Comprehensive Plan requirements.
No. As prescribed by the Comprehensive Plan (Policy 2.1(b)), lands developed
under the Multi -Family Residential Future Land Use Category are permitted to have
apartments, duplexes, condominiums, single family houses and public facilities at a
maximum density of 10 dwelling units per acre. The applicant's request to develop
the property with multi -family development is not contrary to this requirement.
2
Staff Report
Rezoning Request
Applicant: Steven L. Dobbs
. Petition No.: 07-008-R
2. The proposed use being applied for is specifically authorized under the zoning
district in the Land Development Regulations.
Yes. Section 90-192 (2 and 3) allows two-family dwellings and multi -family dwellings
as permitted uses in the RMF Zoning District.
3. The proposed use will not have an adverse effect on the public interest.
No. The proposed use will not adversely affect 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.
Yes. Although most of the surrounding existing land uses in this location appear to
be vacant lands, this location (in terms of future uses) has been rapidly transitioning
into a multi -family neighborhood. As a result of these changes, the proposed multi-
family use would be appropriate for this location and compatible with the adjacent
mixture of uses which surrounds the property. The use would not be detrimental to
urbanizing land use patterns.
5. The proposed use will not adversely affect property values or living conditions, or be
a deterrent to the improvement or development of adjacent property.
No. By allowing this development, it does not appear that it would adversely affect
property values or living conditions of adjacent property. The proposed multi -family
development may, in fact, encourage the development of surrounding properties.
6. The proposed use can be suitably buffered from surrounding uses, so as to reduce
the impact of any nuisance or hazard to the neighborhood
Yes. This use may be required to be buffered from surrounding uses. During the Site
Plan Review phase, the Technical Review Committee will determine whether the
proposed development poses any adverse impacts or hazards to the neighborhood.
7. The proposed use will not create a density pattern that would overburden public
facilities such as schools, streets, and utility services.
The overall density for Multi -Family at this location was discussed during the Small
Scale Plan Amendment approval, but specific traffic impacts on the logical traffic
distribution points for intersections and road links need to be discussed further.
Sewer and water services seem to be planned for in terms of future service.
Staff Report Applicant: Steven L. Dobbs
Rezoning Request Petition No.: 07-008-R
8. The proposed use will not create traffic congestion, flooding or drainage problems,
or otherwise affect public safety.
Specific traffic issues are being discussed with the Applicant's Traffic Consultant in
order to determine the likely traffic distribution impacts and possible improvements
necessary to accommodate this proposed rezoning and development (see enclosed
memo). Flooding and drainage problems will be handled during the Site Plan
Review by the Technical Review Committee.
9. The proposed use has not been inordinately burdened by unnecessary restrictions.
No. The only restrictions which have been placed on this property are those within
the City's Comprehensive Plan and the Land Development Code.
10. The proposed change will not constitute a grant of special privilege to an individual
owner as contrasted with the public welfare.
No, by allowing this change the City will not be conferring special privileges to the
applicant which would contrast with the public welfare.
Summary and Conclusions Prior to Certification
It should be noted that impacts to public facilities, schools, and traffic congestion were
all undertaken during the applicant's submittal for the Small -Scale Future Land Use Map
Amendment last year. This report is based on facts obtained at that time.
Recommendation
Staff recommends approval of the request to allow rezoning from RSF-1 to RMF if the
traffic issues are satisfactorily resolved.
Submitted by.
James G. LaRue, AICP
Planning Consultant
June 12, 2007
11
Staff Report
Rezoning Request
COPY OF EMAIL TO STEVE DOBBS ON JUNE 11, 2007:
From: Jim LaRue fmailto:iim(cD-larue-planning.coml
Sent: Monday, June 11, 2007 3:52 PM
To: 'Steven Dobbs'
Subject: Southern Trace Rezoning TIS
Steve,
Applicant: Steven L. Dobbs
Petition No.: 07-008-R
Time is running out. Please forward to Trent. We have to finish our Staff Report by Wednesday. We
need the requested information.
1) Traffic Distribution commensurate with the traffic volumes at the intersection of US 441/SR 70 for
N/S/E/W from the project, or any alternatives (e.g., FSUTMS run or site specific special study) that could
be substantiated. Additionally since NW 9th St. ties US 441 to US 98 and in the future might be
considered as part of an alignment for a relief parallel facility to SR 70.
2) Trip generation from the proposed uses minus the existing active uses within the property
3) The impact of concurrent developments as well as any major developments approved after 2005 but
not included as background traffic in the FDOT 2005 traffic data.
4) NW 12th St. & NW 5th Avenue as primary corridors to and from the proposed development and the
adequacy of stop sign controlled intersections with and without the proposed development.
5) The LOS determination based on the information that has been provided to the applicant consultant
(per our e-mail of June 1. 2007 and the attachments therein) with or without the proposed development at
buildout and the existing LOS without the development at SR 70 and US 441,
6) Area of influence based on the information that has been provided to the applicant consultant (per our
e-mail of June 1. 2007 and the attachments therein).
7) Project significance (10% over LOS C based on the information that has been provided to the applicant
consultant (per our e-mail of June 1. 2007 and the attachments therein).
8) The on site and off site transportation improvements needed to accommodate the proposed
development.
In the absence of the above referenced the application is not sufficient for our review at this time.
Thank you.
Jim LaRue
LaRue Planning and Management Services, Inc.
1375 Jackson Street, Suite 206
Fort Myers, FL 33901
Phone: (239) 334-3366
Fax: (239) 334-6384
jim@larue-planning.com
Web: www.larue-planning.corn
07-008-R Insite Development/Southern Trace Phase II
SUBJECT PROPERTY
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REVISIONS
NO. DATE DESCRIPTION: er:
(1) 01/12/1:16 REVISED CERTNICATMNS ON SHEET 1 OF Z RR
(n
(3)
(4)
AREA TABLE
BLOCK 4 - NORTH 1/2 - 2307t ACRES
BLOCK 4 - SOUTH 1/2 - 2307t ACRES
BLOCK „ _ ALL OF - 1-D/SL ACRES
BLOM f2 - NORTH 1/2 - 1.7653 ACRES
BLOCK iz - SOUTH 1/2 - t.764d ACRES
IILOCK 12 - WEST 1/2 - 1-030t ACRES
BLOCK ,3 - NORTH 1/2 - 23D6t ACRES
BLOCK 13 - SOUTH 1/2 - 2.306t ACRES
BLOCK 20 - NORTH t/2 - 2309t ACRES
BLOCK 20 - SOU
1H 1/2 - 2309t ACRES
BLOCK 21 - LOTS 1-3 - 0516t ACRES
BLOCK 21 - LOT 10-11 - 02152 ACRES
BLOCK Z1 - SOUTH 1/2 - 1.764t ACRES
BLOCK 21 - WEST 1/2 - 1.030t ACRES
BLOCK 22 - ALL OF - 1.065t ACRES
BLOCK 29 - LOTS 7-17 - D.076t ACRES
TOTAL AREA - 24.978t ACRES
STANDARD NOTES:
1. MS SURVEY WAS PREPARED WITHOUT THE BOIEf1T OF A TIRE SEARCH OR AN ABSTRACT.
THIS OFFICE HAS NOT PERFORMED A SEARCH OF THE PUBLIC RECORDS FOR EXISTING
EASENIE NTS. IiIXF-OF-WAY. ABANDOIOIOM ZONING SETBACKS OR DEED RESTRICTIONS
2. 'THE SURVEY DEPICTED HERE IS NOT COVERED By PROFESSONN. UAB. TY INSURANCE,
ADDITIONS OR DELETIONS TO SURVEY MAP OR REPORT BY DIM 74M THE SIGNING PARTY
OR PARTIES IS PROHITED WITHOUT WRITTEN CONSENT OF THE 9W1NG PARTY OR PARTIES.'
3. THIS SURVEY IS NOT VALID WITHOUT THE 96NAIURE AND RASED EMBOSSED SEAL OF THE
SIGNING FLORIDA PROFESSIONAL SURVEYOR AND MAPPER
4. UNLESS NOTED OTHERWISE ALL BEAINGS AND DISTANCES SHOWN HEREON ARE PER PUT
OR DEED.
S. LOCATIONS OF BUILDING(S) ARE WTED TO THE ABOVE GROUND WALLS FOOTERS OR
FOUNDATIONS HAVE NOT BEEN LOCATED.
6. UNDERGROUND UXME5, IF ANY. HAVE NOT BEEN LOCATED.
7. SYMBOLS ARE NOT TO SCALE. -
PROJECT SPECIFIC NOTES. -
1. SITE ADDRESS. NOT ASSIGNED.
2. FLOW ZONE. SITE APPEARS TO LE WITHIN DE AREA SIIOWN As 'OTY OF OREECHOBEE
AREA NOT WCLUOFD' PER THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S (FEMA)
NATIONAL FLOOD INSURANCE PROGRAM (NFP) FLOW NAIRANCE RATE MAP (FIRM) FOR
COONNITY NUMBER 120177. PANEL NUMBER 07DOB. DA70 2/4/1 M.
3- APPARENT USE: SANITARY SEWER LIFT F SATALES WITHIN SUBJECT PROPERTY. THIS
SURVEYOR NOT PROVIDED WITH EASEMENT DOCUMENT CONCERNNG'USE
STANDARD LEGEND:
ASPHL (OR) ASP - ASPHALT.
BFP - BACK FLOW PREVDITOR.
BLDC. - BUILDING. _
SOC - BACK OF CURB.
BOW - BACK OF (SIDE) WAR.
CB - CATCH BASIN.
COR - CORNER.
CUP - CORRUGATED METAL PPE
ELECT. - ELECTRIC RISER
EDP : EDGE OF PAVEMENT.
EAS - EDGE OF SHELL (ROCK),
FC = FENCE CORNER
FL - FLOW LINE
FOC - FRONT OF CURB
MH = MANHOLE
NG = NATURAL GRCUNO/GRADE
CH - OVERHANG.
0HU = OVERHEAD UTILITY (WRES/LMES).
PAC. - PENT OF BEGINNING.
P.O.0 - POINT OF COMMENCEMENT.
SRC - SET 5/9- IRON ADD WUN CAP STAMPED 'lA WLSON- LSSIS7'
TELE - TELEPHONE RISER
NM - WATER METER
.BPP - WOOD POWER POLE
WSP - WOOD SERVICE POLE
C= - ELECTRIC RISTR/VAULT/MEIER.
®- TELEPHONE RISER/VAULT.
Eh - WATER VALVE/NETER
- FIRE HYDRANT
® = STORM WATER MANHOLE.
® SANITARY SEWER MANHOLE
1= - STORM WATER OJP..R INLET
E- - GUY ANCHOR
'cl,- WOODEI. POWER POLE
NORTH
,m Nr Ir ,m
i PVCH - lop FEET
(r' - ,002
SURVEY OF:
SURVEY OF:
ALL OF BLOCK 4; BLOCK 11; BLOCK lZ BLOCK 13; BLOCK 20, BLOCK 2Z
LOTS 1-1 VEST 15 FEET OF LOT S. LOTS 10-25. BLOIX 21;
LOTS 7-11. LESS THE NEST 25 FEET OF SAID LOT 11. BLOCK 29:
TOGETHER WTH THE NORTH ONE-HALF (N.1/2) OF THE ABANDONED 15 FEET WIDE; EAST/NEST ALLEY
LYING ADJACENT TO SAID LOTS 7-11, BLOCK 29,
ALL LYING IN 'OKEECHOBEE-. ACCORDING TO THE PUT THEREOF RECOROED IN PLAT BOOK S. PAGE 5 OF
THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FUIRBA
50UNDARY SURVEY PREPARED FOR-.
INSITE DEVELOPMENT GROUP, LLC
5HE.F-TzOF2
LYING IN SECTION 16, TOWN5HIF 3750UTh. RANGE 35 EA5T
OKEECHOMEE COUNTY. rL.OKDA
PROJECT INFORMATION
CALCULATED BY: JAW
C
EXPED/T/ON
CALCULATION FILE NAME, N/A
DATE 12/OS/7D05
SURI/EY/NG�MAPP/NG, iT ,
ORANN
DRAWN Or.
ED. 12
DATE CHECKED. 12/OS/2005
CHECKED JAW .
i •P V W Y ♦ f 4
DATE
SURVEY DAIS 71/07/05
IE1D
FIELD BOOT R PAGE 5/57-59 • 5/1-5
5/5 5
OFFICE 304 NW StV STREET - OKEECHOBEE
PROJECT6 NUMBER 0.5-0055
DRAWING NUMBER INSITE DEVELOPMENT
MAIL POST OFFICE BOX 1610 - OKEECHOBEE. FLORIDA 34973
PHONE: 66}357-MIMI FA%: 863-357-6684
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lip
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--------------
8 II L0 CK 5 '�'I IT
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8 L 0 C K 4 yY' y I I ms
• fi,rl \ ATIY a O+N, cm {rd {~fi ," ,fi ,.,•A: "y.�R : y i g -`• :`'�" 'M.. D�"' .''� `� y'' -
NW i3th ST `
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$ BLOCK 2 8 (
r I I NOT A PART OF MS SURVEY
I i
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J I I NOT A PAT OF THIS SURVEY I
REVISIONS
N0. DATE DESCRIPTION= BY
0) 01/12/O6 REVISED CERwI mom& RR
(3) -
(4)
- -
1
%-M. # L-bFH
F
-r cvT w THE NdiTH 91)E of
IAT
RN � SANITARY NAIHHOE
1
I lI E NTp6ECi ON OF NW SUA
AVENUE AND" IOW STREET.
(
I ELEVATOk 3CL41V
I
1
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1
PD-M. # 515
— (EWR BOOK)
FOUND NAIL A
IN TAB
OEVA110M, 29.89'
PREPARED FOR,
INSTE DEVELOPMENT COUP LLC A COURAOo LIMITED LIABILITY CpAPMY.
STANDARD NOTES: I. MS SAYE'N WAS PREPARED WITHOUT THE BENEFIT OF A TITLE SEARCH OR AN ABSTRACT,
THIS OFFICE HAS NOT PERFORMED A SEARCH OF TIIE PUBLIC RECORDS FOR EXISTING
EASEMENTS. PoOR—OF=WAY, ABA/AOHNENTS. 20Nw6 SETBACKS OR DEED RESTI6CTON4
2.-.THE SURVEY-OFPK=10 HERE ISTOT COVERED BY PROFESSIONAL LIABILITY INSURANCE-
ADGYIDHIS OR DELETIONS TO SURVEY MAP OR REPORT BY OTHER THAN THE SIGNING PARRY
OR PATES IS PROHISM WITHOUT Win,— CONSENT OF THE SRNNG PARTY OR PARTES.-
1 DRSRVE SY IS NOT VALIDVKDNOJT THE SIGNATURE AND RAISED EMBOSSED SEAL OF THE
4ONING FLORIDA PROFES90NAL SURVEYOR AND MAPPER-
4- UNLESS NOTED OTHERWISE ALL BEARINGS AND DISTANCES SHOWN HEREON ARE PER PLAT
OR DEED.
,, LOCATIONS Of ORDING(S) ARE IIRTED TO THE ABOVE GROUND WALLS FOOTERS OR
FOINOAilONS HAVE- NOT BEEN LOCA -
6. UNDERGROUND UIBIBES, IF ANY.
HAVE NOT BEEN LOCATED.
7. SYMBOLS ARE NOT TO SCALE
PROJECT SPECIFIC NOTES:
1. SITE ADDRESS NOT ASSIGNER
2. FL.OM ZONE STE APPEARS TO LIE WITHIN THE AREA SHOWN AS -CITY OF OKEECOBEE
AREA NOT INCLUDED, PER THE FEDERAL EMERGE c, MANAGEMENT AGENCY'S (FEMA)
NATIONAL FLOOD INSURANCE PROGRAM (NFIP) FLOOD INSURANCE RATE MAP (FIRM) FUR
COMMUNTT NUMBER 120177. PANEL NUMBER 02008, BATED 2/4/1981.
1APPARENT USE' SANITARY SEWER LIFT SATAIFR LEE WITHIN SUBJECT PROPERTY. THIS
SRVEYON NOT PROVIDED WITH EASOMERT DOCUMENT CONCERNING USE
STANDARD LEGEND:
ASPH. (OR) ASP - ASPHALT,
BFP - BAOT FLOW PREVENTOR
G. - BURSUKDWF<
BOC - BACK OF CURB.
BOW' - BAD[ OF (SIDE) WALK.
CB - CATION BASAL
COMIC. - CONCRETE
COR. - CORNER.
CUP - CORRUGATED METAL PIPE
ELECT. - ECTRIC RISER
EDP - EDF]GE OF PAVEMENT.
EOS -EDGE OF SELL (ROCK)-
FC - FENCE CORNER
FL - FLOW LINE
FOC - FROM OF CURB
W = MANHOLE
NG - NATURAL GROUND/GRADE
ON OVERHANG.
CHU - OVERHEAD UTILITY (MRES/LwE5).
P,O.B. - POINT OF BEGINNING.
P O,C - PUNT OF COMMEN—
T
SRC - SET S/8- RON ROD WIN CAP STAMPED!A WILSON- LS51ST
TEL
= TELEPHONE
MSTL
w WATER METER
WPP - WOOD POWER POE
.Sp - WOOD SERVICE POE
® - ELECTRIC NSER/VAMLT/METER.
IM TELEPHONE RISER/VAULT
M - WATER VALVE/MEIER.
V - RRE HYDRANT.
® - STORM WATER MANHOLE
® - SANITARY STONER MANHOLE
- STORM WATER OJRB INLET
r;- - GUr AnCl+OR
3P � wODJ�N 'OVER �LINi
NORTH
r v.ON — FDB FEE-r
SURVEY OF: _
SURVEY ON:
ALL OF BLOCK 4; BLOCK 11; BLOC( 12, BLOCK 13; BLOC( 29. BLOCK 22
LOTS 1-1 WEST 15 FEET OF LOT 9. LOTS 10-26. a" 21;
LOTS 7-n. LESS THE WEST 29 FEET OF SAID
LOT T. BLOCK 29.
TOGETHER WITH THE NORTH ONE-HALF (N.1/7J OF THE ABANDONED 15 FEET WIDE EAST/WEST ALLEY
LYING ADJACENT TO SAID LOTS 7-11. BLOCK Z9:
ALL LYING N-OKEECHOBEE', ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5. PAGE 5 OF
THE P1BUC RECORDS OF OKEECHOBEE COUNTY. RORIOA
TOPOGKAPHICAL5URVF-Y PRETARI=D POP-
INSITE. DEVELOPMENT GROUP, LLC
5Hr-F-T1OF2
LYING IN 51=CTION 16, TOWN5HIP 57 50UTI-L RANGE ) s FA5T
OK=CIIOSF F COUNTY. FLORIDA
ARNSTEIN A L£HR U.P4
ATTMNEY5 TITLE ARCE FUND. Nam; PROJECT ,INFORMATION EDIT/ON
HERS. UM ITS AND/OR ASSIGNS". CALCULATED BY. .uw
KCB SERVICES ANY. ITS SUCCESSORS AND/OR ASSGNS- CALCULATION FILE NAME N/A F
1/r/�/// DATE DRAWN: 12/D5/20D5 5UR I /(_ WNG � MA APING, inr-
'�' V"Y DRAY D BY. RR i.
DATE ONECKED. 12/05/2D05
. D CHECKED BY: JAW
F1E7..0 SURVEY .OATS-V/18.A 11/07/05 _ DFT)CE 304 NW 5TT SRREEf- OKEECOBEE
FIELD BOOK A PAGE' 51157-51 s 5/1-5 MAIL- POST OFFICE BOK 1610 - OtEEC OBEE- FLONDA 34973
ORAL SURVEYO! ANO HAPPEN PROJECT HUYffR 05-0055
LICENSE NO. LS5157 DRAWING NUMBER NSTE OEVELUPMENT PHONE 86}357-6680 FAX-B6}35T-6604
FLORIDA CERTIFICATE OF AUTHORIZATION NO. LB7422-TRYO\0WG\05-0055 kWI„-°m10e�Jilllnet
i
CMcMAHON
TRANSPORTATION ENGINLANNERS
July 2, 2007
VIA EMAIL AND HAND DELIVERY
Mr. Steven Dobbs, P.E.
Senior Project Manager
Rudd Jones, P.E. & Associates, P.A.
210 NW Park Street, Suite 204
Okeechobee, FL 34972
RE: Southern Trace — Planning Council Meeting
McMahon Project No.: N06395.00
Dear Mr. Dobbs:
J141 F e Z' l q5
McMAHON ASSOCIATES, INC.
730 NW 107'h Ave I Suite 110 1 Miami, FL 33133
p 305-222-1945 1 f 305-222-1944
www.mcmtrans.com
PRINCIPALS
Joseph W. McMahon, P.E.
Rodney P. Plourde, Ph.D., P.E.
Joseph J. DeSantis, P.E., PTOE
John S. DePalma
William T. Steffens
ASSOCIATES
Casey A. Moore, P.E.
Gary R. McNaughton, P.E., PTOE
John J. Mitchell, P.E.
Christopher J. Williams, P.E.
John F. Yacapsin, P.E.
Thomas A. Hall
McMahon Associates, Inc. (McMahon) has prepared this correspondence to summarize our verbal
responses to the concerns raised by the City of Okeechobee's planning consultant. It is McMahon's
assertion that the submitted traffic analysis has met the County's minimum requirements for this type of
analysis. Two major points were brought up by the consultant that we are responding to. These
included the need for an extended analysis and the need to analyze local streets.
The extension of the analysis area of influence is not applicable to this project nor would it result in
additional mitigation improvements. Traffic impact analyses are required to analyze roadways where its
impacts are equal to or greater than a certain percentage of each roadway's capacity. The traffic study
analyzed all roadways that were significantly impacted. Extending the area of influence will not result
in an increase in the number of roadways that are significantly impacted by this project. Therefore, no
additional roadways or intersections need to be analyzed.
Local roadways are roadways that provide access from various lots, parcels or tracts to the major
roadway network. Local roadways are not designed with sufficient right-of-way to facilitate roadway
widening. Traffic impact studies are required to perform capacity analysis for major roadways, not local
roadways.
MA Boston PA Fort Washington I Exton I Mechanicsburg NJ Yardville FI_ Palm Beach Gardens I Fort Lauderdale I Fort Myers I Miami
CELEBRATING 30 YEARS OF EXCELLENCE
Mr. Steven Dobbs, P.E.
July 2, 2007
Page 2
We believe that our analysis was performed correctly and are prepared to attend the next City Council
meeting to address any questions that may be asked concerning the traffic impact analysis.
Sincerely,
John P. Kim, P.E., PTOE
Senior Project Manager
JPK/hsv
✓ULY 3 - IST READ EXHIBIT Na.
AUG 7 - FINAL EXHIBIT NO.
ORDINANCE NO. 993
AN ORDINANCE OFTHE CITY OF OKEECHOBEE, FLORIDA; AMENDING
THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A
CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED
HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING
DISTRICT TO LIGHT COMMERCIAL (CLT) 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, Brad Goodbread on behalf of the owners, G4 Land & Cattle, Co, and George A.
Goodbread, of the property more particularly described hereafter, has heretofore
filed Petition No. 07-009-R, pursuant to the Land Development Regulations of the
City of Okeechobee for the purpose of rezoning a certain tract of land consisting of
0.650 acre(s) from Residential Single Family -One (RSF-1) Zoning District to Light
Commercial (CLT) 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 June 21, 2007, and submitted by staff report, which
determined such petition(s) to be inconsistent with the Comprehensive Plan and is
inappropriate with the zoning uses within the City; and
WHEREAS, the City Council hereby finds such rezoning is consistent with the City's
Comprehensive Plan, that such zoning would be appropriate to the surrounding
uses, 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:
LOTS 1 TO 4 OF BLOCK 2, ROYAL OAK ADDITION, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE
8, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA.
SECTION 2. ZONING MAP AMENDMENT.
That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to
reflect the subject property zoning classification to be changed from Residential
Single Family (RSF-1) Zoning District to Light Commercial (CLT) Zoning District.
The zoning for this parcel is subject to the further limitations of the Comprehensive
Plan, Future Land Use Element, Policy 2.6.
Page 1 of 2
SECTION 3. CONFLICT.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY.
If any provision or portion of this ordinance is declared by any court of competent
jurisdiction to be void, unconstitutional, or unenforceable, then all remaining
provisions and portions of this ordinance shall remain in full force and effect.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon its passage.
INTRODUCED for first reading and set for final public hearing on this 3rd day of
July, 2007.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 7th day of
August, 2007.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Page 2 of 2
James E. Kirk, Mayor
JUNE 21, 2007 PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS - PAGE 6 OF 8
V. PUBLIC HEARING CONTINUED.
F. Consider Rezoning Petition No. 07-008-R continued.
Application will be forwarded in ordinance form for on July 3, 2007 before City Council.
G. Consider Rezoning Petition No. 07-009-R, submitted by Brad Goodbread on
behalf of property owners G-4 Land & Cattle and George A. Goodbread to
change the zoning designation from Single Family (SF) to Light Commercial
(CLT) for property located at 2104 Southwest 2Id Avenue. Legal description:
Lots 1, 2, 3, and 4, Block 2, Royal Oaks Addition, according to the plat thereof,
recorded in Plat Book 1, Page 8, Public Records of Okeechobee County,
Florida, and is approximately 0.650 acre(s) - Planning Consultant.
QUASI-JUDICIAL
H. Consider Variance Petition 07-001-V, submitted by John Raddatz on behalf of
property owners Southeast Milk, Inc. to change the side setbacks from eight feet
to zero feet and rear setbacks from 10 feet to zero feet within a Heavy
Commercial Zoning District (ref. Sec. 90-285(2)) for property located at 1005
West North Park Street. Legal description: Lots 1-20, inclusive, Block 1,
Southwest Addition to Okeechobee, Florida, according to the plat thereof as
recorded in Plat Book 2, Page 7 of the Public Records of Okeechobee County,
Florida. Less that parcel of land as recorded in O.R. Book 463, Page 1246 of
the Public Records of Okeechobee County, Florida - Planning Consultant.
Application will be forwarded in ordinance form on July 3, 2007 before City Council.
Consider Rezoning Petition No. 07-009-R, submitted by Brad Goodbread on behalf of property owners G-4 Land & Cattle and George
A. Goodbread to change the zoning designation from Single Family (SF) to Light Commercial (CLT) for property located at 2104
Southwest 2nd Avenue. Legal description: Lots 1, 2, 3, and 4, Block 2, Royal Oaks Addition, according to the plat thereof, recorded
in Plat Book 1, Page 8, Public Records of Okeechobee County, Florida, and is approximately 0.650 acre(s
Board Member Burroughs moved to find Rezoning Petition No. 07-009-R inconsistent with the Comprehensive Plan and recommend
denial to City Council; seconded by Alternate O'Connor.
(This petition is associated with Comprehensive Land Use Map Amendment No. 07-010-SSA)
LEDFERD-NAY
BURROUGHS-YEA
O'CONNOR - YEA
HOOVER -ABSENT
JOHNS -YEA
MOTION CARRIED.
KELLER-YEA MCCOY-ABSENT
JUAREZ-ABSENT MAXWELL-YEA
Consider Variance Petition 07-001-V, submitted by John Raddatz on behalf of property owners Southeast Milk, Inc. to change the side
setbacks from eight feet to zero feet and rear setbacks from 10 feet to zero feet within a Heavy Commercial Zoning District (ref. Sec.
90-285(2)) for property located at 1005 West North Park Street. Legal description: Lots 1-20, inclusive, Block 1, Southwest Addition
to Okeechobee, Florida, according to the plat thereof as recorded in Plat Book 2, Page 7 of the Public Records of Okeechobee County,
Florida. Less that parcel of land as recorded in O.R. Book 463, Page 1246 of the Public Records of Okeechobee County, Florida.
Mr. Dobbs distributed four signed documents supporting the setbacks, supplied by surrounding property owners. Mr. Dobbs explained
the owner wants to make the site more eye appealing.
Mr. Brisson stated LaRue Planning and Management recognizes this as a non -conforming building. He reported the applicant supplied
no documentation to support the special circumstances, nor demonstrated any hardship to support the variance petition. The
applicant's economic cost is not a hardship, therefore, LaRue Planning and Management Staff recommend denial of the petition.
Mr. Worley, of Worley Construction spoke as the General Contractor for the proposed new building. He stated that the applicant wants
to beautify the property, he also said when the building was constructed, it was not non -conforming. There are only three lots in the
area that are residential, the remaining areas are commercial.
City of Okeechobee
General Services Department
55 S.E. 3"' Avenue, Room 101
Okeechobee, Florida 34974-2903
Phone: (863) 763-3372, ext. 218
Fag:. (863) 763-1686
Date: S 2,,
Petition No. �y -- ao t _
Fee Paid:
Jurisdiction %J-�C 42,
1st Hearing: I' �
2nd Hearing
:
Publication Dates:
Notices Mailed:
Uniform Land Use Application
Rezone - Special Exception - Variance
Name of property owner(s): 6LI 6kM&ZA
A
P
Owner mailing address: P Zj 7 GJ
Owl 70 6-
P
L
Name of applicant(s) if other than owner (state relationship) : v R
I
C
Applicant mailing address: ! Z5 -7 5
A
N
Name of contact person (state relationship): T&ADoD vf>iJ
T
Contact person daytimephone(s): %63-(p34J 21 Fax:
Property address / directions to property: 21 0 q :5oj Z d Au -
Indicate current use of property -
Describe improvements on property, including number/type of dwellings and whether occupied (if Bone, so state):
Approximate number of acres- 0. (p 5 b Is propem in a planed subdivision
l;
IS There 2 n)"; OT ; r'( en? '.t"e ('�Ihc fm(e;�� it �'f r� :� �nl,ii� ,i� ;it Ci�un or finance If cis_ ilescrihe ;�
;I
Havc theta hc. ,, , �ancl ""e al�ht;cation, conce I T ai; ut pt1r1 of 'It's pi P Vc in the last year? If so, indicate date, '
nature and applicant's name. t�S '�l 8 07 M _Pubo er.- �
R
Is a sale subject to this application being granted? G 5
T
Y
Is the subject parcel your total holdings at that location9 if not, describe the remaining or intended uses:
fJD - S� t vaJ M o f TH6 L "TT d
Describe adjoining land uses / improvements to the North: 2�
South: (LSl East: `� 607 47 West
Existing zoning: f Future Land Use classification:
Actions Requested: (�3el-Rezone Special Exception (_)Variance
Parcel Identification Number- 03- Z$-3'- 35 -Dobo- Boo zo-Op 1U
c.7p- C) O Z-0- o
IConfirmation of Information Accuracy
I hereby certify that the informatAZ in this application is correct The information included in this application is for use by
the CiMaim
obee t pro g I y request- False or misleading information may be punishable by a fine of tip to
$sag n t of ays nd may result in the summary denial of this application_
Printed Name Date
Uniform Land Use Application (rev 1iO3) Page I of 2
Current zoning classification: _ Requested zoning classification:
EWhat
is your desired permitted use under the:proposed classification: LidsCOM
Z
O
N
If granted, will the new zone be contiguous with a like zone? f\j Z7
E
Is a Special Exception necessary for your intended use? Variance?
Describe the Special Exception sought:
S
P
E
C
I
Provide specific LDR ordinance citation:
A
L
Are there other similar uses in the area? X so, describe:
E
X
C
E
Why would granting your request be in the best interest of the area and residents?
V
P
T
Describe Variance sought:
V
A
R
I
Describe physical characteristic of property that makes variance necessary:
A
N
C
Did you cause or contribute to the characteristic? Is so, describe:
E
i
What is the minimum variance necessary?
Uniform Land Use Application (rev uo ) Page 2 of 2
11®®1311
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
File No.: 1788
Parcel Identification No. 3-28-37-35-0060-00020-0010
PXt_E _ HU" 2001400775B
OR GK 00529 PCi 1891
SHARON ROBERTSOIie CLERK OF CIRCUIT COURT
DKEECHOBEE COWTYr FL
RECORDED 04P"/2004 09:20:08 AM
RECORDING FEES 6.00
DEED DOC 385.00
RECORDED BY 6 herrbouro
rSpace Above This Line For Recording
Data] -Warranty Deed
✓t� J - W (STATUTORY FORM - SECTION 689.02, 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 S CATTLE COMP a F Ida corporation whose post office address is 12575 Hwy. 70 East,
Okeechobee, FL 34974 of the nty Okeechobee, State of Florida, grantee',
Witnesseth that said grantor, for in c ideration of the sum of TEN AND N01100 DOLLARS ($10.00) and
other good and valuable considerati rantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, has granted, bargaine of to the said grantee, and grantee's heirs and assigns forever, the
following described land, situate, lyi ng 'n keechobee County Florida, to-w$_
Lots 1 and 2, Block 2, ROYAL OAK D rding to the plat thereof recorded in Plat Book 1, Page
8, of the Public Records of Okeechobee Counrida.
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
' G' a�;or' a�,r7 Grantee are used for singular or plural_ as content iec-es
In Witness Whereof_ grantnl r,as he,e.;cto set orantor's hand and seal the day and year first above written
Signed, sealed and delivered in our presence
1 fitness -Signature
1st ' ess- t e
2nd t Si attue
�► n n S
2nd Witn -Print Name
State of Florida
County of Okeechobee
The foregoing instrurn t was acknowledged before me this 28th day of Ap , 2004 by NEI.LY C. WALKER, who U is
personally known or [ has produced L- iden �catiorL
[Notary Seal] �No
Pr nted Name:
Kwin amr s
►M Cammledon DD211898 My Commission Expires
y,,, Fapiles.luly 11, 2007
�cr
PfMrt j_bxar!d-je m I4:
JOHN 0. CASSELS, JP -
Attorney at Law
Cassels 3 McCall
P.O. Box 968 409 NW Second Street
Okeechobee, FL 34973
File No,-- 912
Parcel Identification No, 3-28-37-11"060-00020.0030
:40500 R'MO684
Dmurran" SMW pad in me amlantt of
Chsz C W&Vbje To pad in the amount
(I S - -
O at ftw tlOn. awk ofCilctacOtat
Okw aids
8y D C.
US*
Above This Line For Recording DataL
Warranty Deed
(STA-11 ITORY FORM - SF.0-10N 689.02. F.S.)
This indenture made this 28th day of April, 2003 Between
FRANCES IL 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
349T2 of the County of Okeechobee, State of Florida, grantee,
Witnesseth that said grantor, for nsideand i (x
other good and valuable coration id g
acknowledged, has granted, bargained, sold
following described land, situate, tying
LOTS 3 AND 4 OF BLOCK 2, ROYAL OAK IT
IN PLAT BOOK 1, PAGE S. PUBLIC RECO OF
This property does not constitute the homestead
Subrct to testrictions re5ervanons and easemen�j"
I of the sum of TEN AND NOf100 DOLLARS ($10-00) and
in hand paid by said grantee, the receipt whereof is hereby
, said grantee. and grantee's heirs and assigns forever. the
hobee Co
tmty Florida, to -wit:
CCORDI G TO THE PLAT THEREOF RECORDED
K CHOBEE COUNTY. FLORIDA-
anti said [Manta Goes het eby tuwy wan air t the idle m ,aln Ana n(�w01 defend the sane against lawful claims of
ail persons whomsoF aer
' -Grantor and-Gentee- am s�tdiTr}gu-jar aS context reQu�res
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
Ist WAF�s-Swnwllfrr _
Y { A V-i3 L I N A O I Q-c')
let W- s-Pnnt Name
x 4V
Ind Witncss-i Iint R;:ntr
FRAM }C' �S'_"GOING
FILED FOR RECORD
OKEECHOSEE COUNT Y. FL
389699 03HAY -I PH 2:30
SHARON ROBERTSON
1!' CLERK OF CIRCUIT COURT
Starr •.t � C �� f 1 � G
/is
the forerolnE imrrmnent ts., wKn.,w1cd_•,d b,6ae roe iht. Sth J.Is ut April_ _'INt; he FRANC"I_S G. (,')IN(;- s(ho
nrrs,.nalis Lnn..n .•r ( I ha. r—duci J a, iJe rtti - m.
lNotan _eAl
MUt 6t4TElliO '
• t YY COYeISSION r DD 191714
EXPIRES m_h9.2,.
�v r"+ flznon �Ibt,ry PrL4
(!(I (Y) III d
BOUNDARY SURVEY PREPARED FOR
GEORGE GOODBREAD'
DESCRIPTION
LOTS T :- 2, 3 AND '4, BLOCK 2, ROYAL DAK. ADD/T/ON
-ACCORDING`. TO THE PLAT THEREOF AS RECORDED /N PLAT BOOK
T,' PAGE $ PUBLIC RECORDS Or OKEECHOBEE COUNTY, fZOR/DA..
PROJECT SPEC/F/C (VOTES Y..._'..r'P r '� T) UNLESS SHOWN.07HER{WSE, ALL DIMENSIONS ARE PLA7(P) AND MEASURED(M). SCAM W �
2) SITE ADDRESS 2104 SW. 2ND AVENUE. kmp srue 1 wa1 - 4o cgr
J) PARCEL ID. • J-28-=J7—J5-0060-00020-0010.
4) F:LR.M. ZONE- ZONE UNDETERMINED, PARCEL LIES W777-1/N THE OKEECHOBEE CITY UM/TS
5) THIS SURVEY IS NOT INTENDED TO DEPICT JURISDIC770NAL AREAS OR 07HER AREAS Of -
LOCAL CONCERN.
6) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE.
ADD1770N5 OR DELE710NS TO SURVEY MAPS OR REPOR7S BY 07-HER THAN THE SIGNING PARTY
OR PAR77ES IS PROHIBITED WITHOUT WRITTEN CONSLWT OF THE SIGNING PARTY OR PARDES.
7) DATE OF LAST RELD SURVEY 06/08/05.
LOT )B
'Tmsr noanw�io sarnr a'aLwaeeE- �
ermrT is I
?wsr
(
(rtwr eonr x rwrr rTJn0— ro I, 1 ar�v+mrr-
5 (8F .29 ensEJ
.�aPO'00" E 299.82 (NJ J[Hl (P) LruT soar r. A4£ 179
roves oo-e 1s24r (Nj 1425(PJ
OOQ �10" E 142.471425(�)
Y,Sm
7(M)M1LOT 7
LW OCN 2
m
3I
TOTAL PAHCf[ COWALNS
a
3
I`
10.654 ACRES
4i o cry
n
seooiz g O
- LOT J
N I of
_
_ I Q-
S BLOCK 2
111 =
I 1
In
I i
I I
sso
�oarz
I LOT 4 I
BLOCK 2
s evsi'sr w T426i(NJ
' `r'rd
g
1425 (PJ
S 8957'57" W 742.61_(C)
1425(P)
e
7
SB+..22N�D -TRff-
PREPARED FOR THE IXCLUSIVE USE OF:
I I
GEORGE A- GOODBREAD
DESCRIPTION
DWG. DATE BY CK
BOUNDARY SURVEY
06/14/05 WC KAB
DESCRIPTION REFERENCE:
PROMOED BY CLIENT OR CUENT'S REPRESENTATIVE
P FB G. 153
/
BEARING REFERENCE
THE NORTH LINE OF BLOCK 2 !S TAKEN TO BEAR 5 90'00'00" E
/ 56-59
SCALE: 1' = 40'
FILE: 19367
JOH NO: 19367
(TRADEWINDS PROFESSIONAL SERVICES, INC_
SURVEYORS AND MAPPERS
200 S.W- 3rd Avenue
Okeechobee, FL 34974
Tel: (863) 763-28B7
1 �
Kenneth A Breaux, Jr
� (PSM 14820) r
n to sole/
STANDARD NOTESi 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—dusively for those parties noted. No
responsibility or liablity is assumed by the surveyor for use by
others not spedfically named. Not v 60 without the signature
and embossed seal of Florida licensed surveyor and mapper
04820. There ore n visible above ground - encroochments
except as shown. No attempt was mode to locate underground
improvements and/or encroachments (if any) as part of this
survey. This survey was prepared is accordance with minimum
technical stondords established by the Florida Board of
Surveyors aad
Mappers (Chapter 61GI7-6, P.A-C.) pursuant to
Sec Pion 472.027. Florida Statutes.
May 22, 2007
I, George A. Goodbread, President of G4 Land & Cattle Co, Inc, hereby authorize
Bradley G. Goodbread to sign as applicant on my behalf.
This letter is in reference to the change of zoning for Lots 1, 2, 3, & 4 of Block 2, Royal
Oaks Addition, to change from Single Family Residential (RSF) to Light Commercial
(CLT).
George A. Goodbread
Lots 3 & 4, Block 2, Royal Oaks Addition
G4 Land & Cattle Co, Inc.
Lots I & 2, Block 2, Royal Oaks Addition
A- G
(V\ 6 C-- "0it' L4 An
Printed Name: George A. Goodbread
STATE OF Florida
COUNTY OF Okeechobee
Sworn to (or affirmed) and subscribed before me this ' 2 day of m nV 2007,
by 0,)g 4 n `— , personally known to me or produced a
as identification.
Robert Evfflm
sSion .I1B3�4518
es: DEC. 09, TIN
0o .Q d ELeu � Bonde ,
Public „, ,,,.�� -1on dirw CO
Okeechobee County Property Appraiser
W.C. "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422
PARCEL: 3-28-37-35-0060-00020-0010
-SINGLE FAM (000100)
ROYAL OAKS ADDITION LOTS 1 & 2 BLOCK 2
Name G-4 LAND & CATTLE COMPANY
LandVal
$68,600,00
Site 2104 SW 2ND AVE, Okeechobee
BldgVal
$13,225 00
Mail: 12575 HWY 70 EAST
ApprVal
$82,473 00
OKEECHOBEE, FL 34974
JustVal
S82,473.00
Sales 4/2812004 $55,000 001 / U
Assd
S82,473.00
Info 212312004 $0 00 1 / U
Exmpt
so 00
5/1/2001 $27,000-00110
Taxable
$82,473 00
This information, Last Updated 5/18/2007, was derived from data which was compiled by the Okeechobee County Property Appraiser's
Office solely for the governmental purpose of property assessment_ This information should not be relied upon by anyone as a
determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data
herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the
Property Appraiser's office The assessed values are NO I certified values and therefore are subject to change before being finalized for ad
valorem assessment purposes
Okeechobee County Property Appraiser - Map Printed on 5/24/2007 2:46:18 PM Page 1 of 1
Okeechobee County Property Appraiser
G 0.U7 U.14 0.21 mi �
W-C "Bill' Sherman, CFA - Okeechobee, Florida - 863-763A422
PARCEL: 3-28-37-35-0060-00020-0030 -VACANT (000000)
ROYAL OAKS ADDITION LOTS 3 & 4 BLOCK 2 ~
Name: GOODBREAD GEORGE A LandVal $68,600-00
Site. 0 SW 2ND AVE, Okeechobee BldgVal $0.00
Mail 12575 HWY 70 EAST ApprVal $68,600-00
OKEECHOBEE, FL 34972 JustVal $68,600.00
Sales 4/28/2003 $25,000.00 V / Q Assd $68,600-00
Info Exrrnpt $0 00 =' .
Taxable $68,600 00
This information, Last Updated. 5/18/2007, was derived from data which was compiled by the Okeechobee County Property Appraiser's
Office solely for the governmental purpose of property assessment- T his information should not be relied upon by anyone as a
determination of the ownership of property or market value No warranties, expressed or implied, are provided for the accuracy of the data
herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the
Property Appraisers office_ The assessed values are NO L certified values and therefore are subject to change before being finalized for ad
valorern assessment purposes-
BOUNDARY SURVEY PREPAREDNFOR
GEORGE GOODBREAD
DESCRIPTION.''
.LOTS 1, `_? 3,'- AND :.4,`BLOCK 2, ROYAL OAK ADDITION,
ACCORDING 70 THE `PLAT 'THEREOF AS RECORDED IN PLAT BOOK
1, PAGE 8, PUSUC RECORDS OF OKEECHOBEE COUNTY, FLORIDA.
PROJECT SPECIE/C NOTES.
1) UNLESS SHOWN .OTHERWISE, ALL DIMENSIONS ARE PLA T(P) AND MEASURED(M). SCAU w I=
MAP SCALE: t INCH a 40 FEET
2) E17E'ADDRESS.• 2104 S.W. 2ND AVENUE.
3) PARCEL ID 3-28-37-35-0060-00020-0010.
4) FIR.". ZONE.- ZONE UNDETERMINED, PARCEL LIES WITHIN THE OKEECHOBEE CITY LIMITS
5)- THIS SURVEY IS NOT INTENDED TO DEPICT ✓URISDIC77ONAL AREAS OR 07HER AREAS OF
LOCAL CONCERN.
6) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE.
ADD177ONS OR: DELE77ON3 TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY
OR PAR77ES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES.
7) DATE OF LAST FIELD SURVEY 06108105.
9�a<r'u
TWST ACdIKW ro sourw arE£oras¢' (gEAR/NG BASE)
(PCAr sour I. PACE I)) S 90 D000-E 299. 82(M) 300-(P)
' - S 90170'00' E 14241'(M) 1425(P),
urmaont
tors
ecaar z
rsc
v
h
a
a
c v
a �
o;
h
h
�
b
O
O
BLOLY62
po
8
�
2
2
h
�
0
cnr v
uocr 4s
"f)ssT A(7`IAW ro I' PA 0.Y£EOl[gf£'
(PLAT sOpr ), PAL£ /l)
I Q,Q''o' E 142. 41(M) I142.
611
LOT I
BLOCK 2 T�
� 2
car s
a<ocw z
s 8g57:5r w s2er(nr)i42s(P)
S W. 22ND STREET _
n....oro x..rRn .ro
GEORGE A. GOODBREAD
IO; 1. ti
I
RL OCK ! -�
i U
--1-_.-- --- o,
TOTAL PARCEL CONTAINS
f0. 654 ACRES to
o
LOT J
± BLOCK 2 h
c,
LOT 4
BLOCK 2
� � I
57L 1N 142.67 (C) 142.5 (P)
DESCRIPTION
BOUNDARY SURVEY
DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENTS REPRESENTATIVE EB/PG: 153
BEARING REFERENCE: THE NORTH LINE OF BLOCK 2 IS TAKEN TO BEAR S 90*00.00" E FILE: 19367
TRADEWINDS PROFESSIONAL SERVICES, INC.
SURVEYORS AND MAPPERS
200 S.W. 3rd Avenue
Okeechobee, FL 34974
Tel: (863) 763-2BB7
Kenneth A. Breaux, Jr. (F; I4820) cercb�sie of Autho—h— N. L-12 5719
I
DWG. DATE BY CK
06/14/05 WC KAB
59 SCALE: 1"
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.
1375 Jackson Street, Suite 206
Fort Myers, Florida 33901-2845
Phone: 239-334-3366 Fax: 239-334-6384
Applicant: Brad Goodbread
Owner: G4 Land and Cattle
From: RSF-I to CLT
Petition No.
Staff Report
Rezoning Request
Applicant: Brad Goodbread
Petition No.: 07-009-R
Acreage
Access
Location:
_ .ran ___ I. 1
Applicant Address:
Owner:
2104 SW 2Id Avenue
12575 Highway 70 East
Okeechobee, Florida 34972
G4 Land and Cattle
0.650
SW 2na Avenue
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 applicant is requesting to rezone the above -described property from RSF-1 to CLT
to allow a commercial parking lot on the property.
Adjacent
North: Future Land`�Use Map Classification: Single F6hii1y, dential'
Zoning District: RSF-1
Existing Land Use: Single familyreside nee,
East: Future Land Use Map Classification: Commercial
Zoning District: CHV
Existing Land -Use: Vacant
Staff Report
Rezoning Request
Applicant: Brad Goodbread
Petition No.: 07-009-R
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The subject property is comprised of 4 lots. Lots 1 and 2 are developed with a single
family residence, while lots 3 and 4 are vacant. The applicant is requesting to change
the zoning on the property to CLT to allow a commercial parking lot to accommodate an
adjacent commercial use. In addition to this request, the applicant is also applying for a
Small Scale Future Land Use Map Amendment to Commercial which will allow
consistency with the requested zoning. If the applicant's Map Amendment request is
denied by the City, this request must also be denied as the property's Future Land Use
and Zoning must remain consistent with each other.
1. The proposed use is not contrary to Comprehensive Plan requirements_
The proposed commercial parking lot and CLT zoning would be contrary to the
Comprehensive Plan requirements. The City's Plan prohibits encroachment into
residential neighborhoods and if this request is allowed it would be it could seen as
allowing commercial encroachment into this particular residential neighborhood with
more intense commercial changes to follow.
2. The proposed use being applied for is specifically authorized under the zoning
district in the Land Development Regulations_
No. This property is being proposed for a commercial parking lot. This is not
specified under Section 90-252 of the Land Development Code as a permitted use
within the CLT Zoning District. Parking facilities are usually viewed as accessory
uses to already established or proposed commercial uses on a property.
2
Staff Report
Rezoning Request
Applicant: Brad Goodbread
Petition No.: 07-009-R
3. The proposed use will not have an adverse effect on the public interest.
Yes. The proposed parking lot and the applicant's requested CLT Zoning District
could have an adverse effect on the public interest in the form of premature change
to commercial in an established residential neighborhood.
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.
No. This commercial use is not appropriate for this residential location. It would not
be compatible with the predominantly residential character of the neighborhood and
would be detrimental to urbanizing land use patterns.
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.
Yes_ A parking lot could adversely affect property values and/or living conditions in
the area. But more importantly, the possible future uses of this property will pose a
more serious situation for the neighborhood. If the CLT zoning is allowed, the
following commercial uses could be permitted on the property:
Professional office, business office, medical office.
Retail store, retail service.
Personal service.
Craft studio.
Special exception uses which could be allowed on the property are:
Restaurant, cafe.
Dry cleaner, laundry.
Private club, nightclub.
Business school.
Radio, television or cable reception, transmission or operational facilities.
Commercial indoor recreation.
Commercial parking garage or lot, taxistand.
Outdoor vehicle sales lot.
House of worship.
Marina, dock, pier.
Enclosed storage.
Public facility or use.
Public utility.
Permitted uses in excess of 45 feet in height.
One dwelling unit per commercial building.
Group home.
3
Staff Report Applicant: Brad Goodbread
Rezoning Request Petition No.: 07-009-R
With the exception of churches, none of these uses are compatible with the
surrounding neighborhood and any one of them could be seen as a deterrent to the
development or improvement of adjacent property.
6. The proposed use can be suitably buffered from surrounding uses, so as to reduce
the impact of any nuisance or hazard to the neighborhood
Yes. The use could be buffered from the surrounding uses.
7. The proposed use will not create a density pattern that would overburden public
facilities such as schools, streets, and utility services.
No. Density would not be an issue for this particular case.
8. The proposed use will not create traffic congestion, flooding or drainage problems,
or otherwise affect public safety.
There has been no documentation submitted by the applicant which could prove that
these issues would not be a problem.
9. The proposed use has not been inordinately burdened by unnecessary restrictions.
No. The only restrictions being placed on this property are those which are set forth
in the City's Comprehensive Plan and its Land Development Regulations.
10. The proposed change will not constitute a grant of special privilege to an individual
owner as contrasted with the public welfare.
Yes. Based on the above information, granting the proposed change could be
construed as conferring special privileges to this individual owner as contrasted with
the public welfare.
Recommendation
Staff recommends denial of the request to allow rezoning from RSF-1 to CLT.
Submitted by.
James G. LaRue, AICP
Planning Consultant
June 12, 2007
H
Staff Report
Rezoning Request
Applicant: Brad Goodbread
Petition No.: 07-009-R
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Staff Report
Rezoning Request
Applicant: Brad Goodbread
Petition No.: 07-009-R
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EXHIBIT 7
,&LY 3, 2007
SUBJECT: 2005 DISASTER CDBG (Hurricane Wilma) ITEM:
James and Lottie Boswell Homeowner Buyout, City of Okeechobee
The County's 2005 Disaster (Hurricane Wilma) CDBG Grant includes a homeowner buyout
program, which budgets for the purchase of 3 flooded owner -occupied homes. The owners are
provided permanent relocation assistance, in addition to the appraised price of their flooded
property. After the owners vacate the flooded houses, the County clears the site and keeps the
property in perpetuity. There can never be a building on the property. Each buyout requires
approval by the County.
The City entered into an interlocal agreement with the County in support of the CDBG
application, and approved the CDBG Housing Assistance Plan for the grant. Deborah Belcher,
the County's CDBG Consultant, discussed the ongoing property ownership and maintenance
responsibilities with the City at the time of the City's approval of the CDBG Housing Assistance
Plan.
The City Commissioners discussed their desire to include James and Lottie Boswell, 910 NW 9t'
Street, in the buyout program, because of the repeated severe flooding they have experienced.
Roumelis Planning and Development Services, Inc. had already taken an application for
assistance from the Boswells at the time the CDBG Housing Assistance Plan was developed, and
had this household in mind in developing the buyout program.
The Boswell's property is in the City of Okeechobee. It would be appropriate for the City to
own and maintain the property, instead of the County. The site could be used for stormwater
retention, or for some other use that does not require a permanent building.
The property could be purchased by the County and deeded to the City, or the County could pay
for the purchase with the deed going directly from the Boswells to the City. In either case, there
is a CDBG requirement that the deed contain a restriction that no building be placed on the
property, and that it be owned in perpetuity by the County/City.
RECOMMENDATION
That the BOCC approve the CDBG-funded homeowner buyout for James and Lottie Boswell,
910 NW 9t'' Street, contingent upon the City of Okeechobee accepting ownership and
maintenance of the property.
Approved for Agenda Item
6/28/07
Page 1 of 1
County Administrator
Page 1 of 1
On the Agenda for tonight's meeting is the matter of accepting the parcel at 910 NW 9th St. I wanted to give more clarification, after hearing some of your
concerns.
Last August, or so, the City agreed to support a grant application by the County of which some 70% of that grant was to be used for housing needs associated with
hurricane relief. As part of that the grant targeted the subject property building to be demolished and removed. At the last County Board meeting this project was
approved with the contingency that the parcel be given to the City. I emphasize 'given'. The important thing to keep in mind is that there will be a CDBG imposed
deed restriction that will disallow another building to be placed thereon.
The City will incur no demolition expense and, according to our current plans, will accept the property after it has been cleared and graded. We then have the
option to develop a water retention area or perhaps a church overflow parking area or something along those lines.
Thanks!
NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure.
Brian Whitehall, Administrator
City of Okeechobee
55 SE 3rd St
Okeechobee FL 34974
863.763.3372 ext-212
7/3/2007
Okeechobee Main Street
3rd Mural Project
Location:
Embarq Building
115 South Parrott Avenue
Okeechobee
Artist:
Matt Budjinski, 26yrsold
West Palm Beach, FL
Medium: Spray paint
a
Theme:
Celebrating the Telephone History
of Okeechobee
featuring first telephone operator and lineman
DMIBIT 8
JULY 3, 2007
City of Okeechobee 2007 Blue Cross Health Insurance Renewal Comparison
HMO Plan 4 Blue Options 1748
Provider Network Bluecare Network Blue
Maximum Benefit Unlimited $5,000,000
Basic Care. Preventive and Diagnostic Care
Open Access to Primary Care/ Specialists?
No
Yes
Test Approval Required? ��)��-,�.ir`
%1 %1 Yes
Yes
IM, GP, FP, Ped OV Copay
$10
$10
Specialist OV Copay
$10
$20
Adult Physical Benefit Maximum
no stated limit
$250
Independent Clinical Lab Copay (Quest)
$0
$0
Ind Diagnostic Testing Facility Copay
$0
$50
Prescription Copays
712 5-
7/20/35
�� i5f3v
Physician Services Received Outside of the Physicians Office (surgeons,
IP visit, ER, Anesthesia, Radiolo", Pathology)
Calendar Year Deductible
$0
$0 in network/ $500 out of network
Coinsurance (% you pay, in network)
0%
0% of negotiated fee
Coinsurance (out of network)
100%
40% +b�-b- in excess of BCBS allowance
bL� NO?ee /J/llil2 f
Hospital Services (Varies by Hospital
under BlueOptions- Option 1 Hospital/ Option 2 Hospital/ Option 3 Hospital)
Hospital Inpatient Co Pay/admit
$0
$250/500/750
Out Patient Surgery/Test Copay
$0
$100/200/300
Emergency Room Services Copay
$50
$50
Amb/DME/HHC/Injectable Drug
$0
deductible/coinsurance
Therapy Copay $0, 60 days ded/coins, $2500/ year
Maximum Out of Pocket Expense on Covered Charges/Calendar Year (protection from unbuduetable medical expenses)
in network / out of network
On Ded/Coins/Non-rx Copays $1500 $1500/ $3000
Blueoptions non -participating provider benefits access the Blue Cross Traditional network to access pre -negotiated fee and no
balance -billing provisions with providers that do not participate in Network Blue. Expenses with providers who are not under any
contract with BCBSFL are subject to the BCBSFL "MAP" (Maximum Allowable Payment), which is lower than actual charges.
City of Okeechobee August 1st, 2007 Blue Cross Health Insurance Rate Comparison
Employee Only
Employee/Spouse
Employee/Children
Family
participant total
Annual Total
Present Rates
# Emp
HMO
Plan 4
# Empl
Blue
Options
Plan 1748
29
$ 441.52
22
$ 382.32
7
$ 913.95
1
$ 791.41
4
t0
$ 830.06
2
$ 718.78
$ 1,401.83
1
1 $ 1,213.87
40
$ Change over present premium
% Change above present rates
Employer Cost*
Employer Cost $ Change
C
$412, 510
$321,781
Employer cost % Change over present premium
Renewal Rates
HMO
Plan 4
Blue
Options
Plan 1748
$ 618.13
$ 535.25
$ 1,279.53
$ 1,107.97
$ 1,162.)18
$ 1 006.26
$ 1,962.56
$ 1,699.46
$577,515
$165,005
40%
$445,790
$124,009
38.50%
Revised Renewal Rates
HMO
Plan 4
Blue Options
Plan 1748
$ 508.22
$ 440.08
$ 1,052.02
$ 910.97
$ 955.46
$ 827.34
$ 1,613.60
$ 1,401.50
$474,880
$62,370
15.10%
$368,616
$46,835
14.60%
City cap at $440.08
(HMO employee contribution
scenario
62 Employees x $440.08/mo:
$327,420
14 Dep. X $70.00/mo:
$11 760
[Employer cost* $339.180
$474,880
$62,370
15.10%
$339,180
$17,399
1 5.40%
*Employer cost is calculated as 100% of employee only for 36 HMO (40 less 4 retirees) and 26 Blue Options enrollees plus $70/ month
for 14 employees with dependent coverage. The last column reflects HMO enrollees' contribution of the difference between Blue Options and HMO
($508.22 - $440.08 = $68.14) Monetary effect of the employee contribution - $68.14 times 36 employees times 12 months = $29,436.
Annualized expenses assume there is no shift in enrollment.
Blueoptions benefit advantages (compared to the HMO) include: No "Primary Care Physician" designation, no referrals
required to visit specialists. Out of (Network Blue) coverage is provided and members can access the BCBSFL Traditional
network to secure pre -negotiated fees and no balance -billing.
There are no geographic boundaries to accessing healthcare services. Nationwide coverage is included. Members can use the
PPO networks of out of state Blue Cross plans and receive the in -network benefit level. Out of state hospital claims are paid at
the tier two benefit level. Out of state BCBS plan networks can be accessed through bcbs.com.
Claims with providers that do not participate in Network Blue or the Traditional network are subject to the BCBSFL
"Maximum Allowable Payment (MAP)". MAP is significantly lower than retail charges.
The Florida provider networks can be reviewed by visiting the Blue Cross website at bcbsfl.com. Click on the link to "Provider
Directory", then click on the "Plan" drop down menu and select the network you are interested in; Bluecare HMO, Bluechoice
PPO or Blueoptions/Network Blue. Choose one or more of the other options to search by County, provider type or name.
-- -------------------------------------------------------------------------------
LXHIBIT 9
,kLY 3, 2007
CrrYOF0KEECHODE1: CHARITABLE FUNCTION PERMIT
55 St_ 3id Avenue, Room 102
Okeechobee, FL 34974
Phone: 863.763-3372 bxt 222
Fax: 863-763-1 s86
Application Date; g , 2007 _
Nsrtle of Organization- OKEECHOBEE COUNTY CHAMBER OF COMMERCE, INC. -
MallingAddress: 55 South Parrott Avenue, Okeechobee, Fl 54972
TotephoneNumbers: l3utlnoss: 763-6464 Work. Moblislcall:697-1164
Tax Exola pt 9: 5 01 C 3 —
suporvisoroforganization: Brenda O'Connor/Darrell Donnelly/Candace Burke
Summary of activities: fuss pppin"81 alfsd if necnenryl
Speckled --Perch Festival and C_ar Show/Motorcycle Show
U
a and PaKade_ -- - _
Proceeds will ba oiled for. Operation and Maintenance of the .Okeechobee Chamber
of Commerce office that provides information a�ET assistance to
people relocating as well as businesses who are moving to Jie area
Dita(s) and Time(p) Requested:
February 6 thru February 13, 2008
k(Please check the parka requested)
aFlaglor Parka O #1 (Momorial Park) ID #2 10 #3 . #4 (1#5 U #8
n�. City Hall Park El
I hereby acknowledge that I havo completed and road thin application, the attached Resolutions #03-09 and #04-03,
concerning the use and rules of using City property, that the Infonnatlon it correct, and that I am the duty authorlxod
agent of. the or•ganlzailon. I agree to conform wlth and abide by, and obey, all the rules and mgulations, which
may ba lawfully preacribod by the City Council of the C4 of dkeociloboo, or Its officers, for tiro Issuance of tills
Charllablo Function Permit.
Appt nt 19naturo _ Date
� a onnor, Executiva._:Director May 1$, 2007
11 cl sfarc rleave reviow the a ilcation, attach comments ors eclat eondltlons then sip
Engineering Department Approval (if applicable): Date;
Fire Department Approval (if applicablo):. Date:
I
Code Enforcement Department Approval: Data:
auilding Inspoctor Approval (if applicable):
Date:
Public Works Department Approval:.
Date:
PollCo Department Approval (If applicable):
Data:
City Attomey Approval (if applicable):
Final Approval Goneral Servicos/Finance Departlnollt:
R-lool 0MINN l.lw
Data:
Date;
4
LXHIBIT IO
JbI,Y 3, 2007
T
55 SE ' AvenOKEECue,
55 SE 3r° Avenue, Room 102
R
Okeechobee, FL 34974
Phone: 863-763-3372 bxt 222
Fax: 863-763-1686
CHARITABLE FUNCTION PERMIT
Application Date: May 18, 2007
Name of organization: OKEECHOBEE COUNTY CHAMBER OF COMMERCE, INC.
Mailing Address:95
South Parrott Avenue,0 c obe Fla 2
Telephone Numbers: Business: 763-6464 Work: Mobile/Cell: 697-1164
Tax Exempt #: 501C3 97-0861
Supervisor of Organization:Brenda t
Summary of activities: (use additional sheet if necessary)
aChobee
S rit Fiesta and Car Show
U
J
a
a
Q
Proceeds will be used for: Operation and Maintenance of the Okeechobee Chamber
ofjCbmmerce office that provides information and assistance to
people relocating as we as businesses
Date(s)and Tlme(s)Requested: (actual festivities)
March 5-12, 2008
(Please check the parks requested)
a.
Fiagler Parks ❑ #1 (Memorial Park) D #2 D #3 Q #4 QJ #5 RI #6
a
City Hall Park ❑
I hereby acknowledge that 1 have completed and read this application, the attached Resolutions #03-08 and #04-03,
concerning the use and rules of using City property, that the Information Is correct, and that I am the duly authorized
agent of the organization. 1 agree to conform with and abide by, and obey, all the rules and regulations, which
may be lawfully prescribed by the City Council of the City of Okeechobee, or Its officers, for the issuance of this
Charitable Function Permit.
Ap 1 cant gnature Date
May 18, 2007
44440FFICE USE ONLY 4444
CityStaff Please review theapplication, attach comments ors ecial conditions then sign & date a lication :
Engineering Department Approval (if applicable): Date:
Fire Department Approval (if applicable):. Date:
Code Enforcement Department Approval: Date:
Building Inspector Approval (if applicable): Date:
Public Works Department Approval:. Date:
Police Department Approval (if applicable): Date
City Attorney Approval (if applicable): Date:
Final Approval General Services/Finance Department: Date:
Rev lead 06/08104 LJW
Aa.20. 2007 3:18PM
LNNIBIT 11
JULY 3, 2007
April 20, 2007
Mr. Donnie Robinson
Okeechobee County
2 TSI
Disaster Recovery
Services
Proposal
Removal and disposal of vegetation, silt, sand or sluff from waterways, lake or creeks. Debris will be
removed in such a manner to prevent compromising the stabilized banks. TSI will be cautious of property
of individual homeowners.
Price S 19.50 per cubic yard.
Estimated debris to be removed 1950 CY@ S38,025.00.
If accepted this proposal will form a part of any other contract that may result from this proposal.
Please sign below and fax to (407) 891-7739, if proposal is accepted
If you have any questions concerning this quote, please do not hesitate to contact me at (407) 891-7731.
Regards,
Henry Elmore
V_ P. of Operations
TSI Disaster Recovery Services, Inc.
Donnie Robinson
Okeechobee County, FL
Signature & Date
TSI DISASTER RECOVERY SERVICES, Inc. -1700 13 Street, Suite 4 — SL Cloud, FL — 34769
Phone - 407-891-7731 / Fax - 407-891-7739
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