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2007-08-07 Regular MeetingCITY OF OKEECHOBEE AUGUST 7, 2007 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION n AGENDA CtJUNCtL AeTION -DISCUSSION -VOTE I. CALL TO ORDER - Mayor: August 7, 2007 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Randy Huckabee, First Baptist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the month of August 2007 as "Fire Fighter Appreciation Month." PAGE 1 OF 20 Mayor Pro-Tempore Watford called the August 7, 2007 Regular City Council Meeting to order at 6:02 p.m. The invocation was offered by Pastor Huckabee of the First Baptist Church; The Pledge of Allegiance was led by Mayor Pro -Tern Watford. Deputy City Clerk Eddings called the roll: Absent Present Present (Serving as Mayor Pro-Tempore) Present Present Present Present Absent Present Present Present Present Mayor Pro-Tem Watford proclaimed the month of August 2007 as "Fire Fighter Appreciation Month" and read the proclamation in its entirety as follows: "WHEREAS, fighting fires is one of the most hazardous professions, requiring physical strength, stamina, extensive training, courage, and self concern forthe welfare of ourcitizens, and WHEREAS, in addition to their daily service to communities Fire Fighters throughout the state and across the nation have joined the Muscular Dystrophy Association for the past45 years in the fight against neuromuscular diseases; and WHEREAS, City of Okeechobee Fire Fighters collected a record breaking $18,372 throughout the community with their2006 "Fill the Boot' campaign for MDA; and WHEREAS, the Muscular Dystrophy Association is extremely grateful to the 1 AUGUST 7, 2007 - REGULAR MEETING - PAGE 2 OF 20 II� AGENDA GOINCILACTIaI DISCUSSION -VOTE IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. A. Proclaim the month of August 2007 as "Fire Fighter Appreciation Month" continued. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the July 3, 2007 regular meeting. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the May 2007 Warrant Register. General Fund ................................ $463,736.81 CDBG Fund ................................. $260,466.00 Public Facilities .................................. $353.32 B. Motion to approve the amended June 2007 Warrant Register General Fund ................................ $456,054.79 Public Facilities Fund ........................... $24,888.60 CDBG Fund ................................. $158,069.31 City of Okeechobee Fire Fighters for their support and dedication; and WHEREAS, the funds collected by the City of Okeechobee Fire Fighters assist MDA in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families, and WHEREAS, in honor of the efforts of the City of Okeechobee Fire Fighters, the Muscular Dystrophy Association is sponsoring City of Okeechobee Fire Fighter Appreciation Month; and WHEREAS, it is appropriate for all City of Okeechobee citizens to join the Muscular DystrophyAssociation in this tribute to our Fire Fighters. NOW THEREFORE, 1, Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor Pro- Tempore of the City of Okeechobee, do hereby proclaim the month of August 2007 as "City of Okeechobee Fire Fighter Appreciation Month" and commend City of Okeechobee Fire Fighters for their efforts on behalf of the Muscular Dystrophy Association." The proclamation was presented to Chief Smith and Assistant Chief Douglas. Council Member C. Williams moved to dispense with the reading and approve the Summary of Council Action for the July 3, 2007 Regular Meeting; seconded by Council Member L. Williams. There was no discussion. KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member C. Williams moved to approve the May 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, two hundred sixty thousand, four hundred sixty-six dollars and zero cents ($260,466.00); Public Facilities Improvement Fund, three hundred fifty-three dollars and thirty-two cents ($353.32) seconded by Council Member L. Williams. There was no discussion. VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member C. Williams moved to approve the amended June 2007 Warrant Register in the amounts of: General Fund, four hundred fifty-six thousand, fifty-four dollars and seventy-nine cents ($456,054.79); Public Facilities Improvement Fund, twenty-four thousand, eight hundred eighty-eight dollars and sixty cents ($24,888.60); Community Development Block Grant Fund, one hundred fifty-eight thousand, sixty-nine dollars and thirty-one cents ($158,069.31); seconded by Council Member L. Williams. (These were originally approved at the July 3, 2007 meeting). There was no discussion. 831 832 AUGUST 7, 2007 - REGULAR MEETING - PAGE 3 OF 20 _AGENDA VI. WARRANT REGISTER CONTINUED. B. Motion to approve the amended June 2007 Warrant Register continued. VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1. a) Motion to read by title only, proposed Ordinance No. 987 regarding Future Land Use Map Amendment Petition No. 07-011-SSA, submitted by Muhammad Noorudin on behalf of property owners Donald and Mary Ilgen, allowing an assisted living facility within a Residential Multiple Family (RMF) Zoning District located at 103 NE 11" Street, Lots 18 and 19 of Block 18, City of Okeechobee Subdivision - City Planning Consultant (Exhibit 1) Planning Board is recommending approval. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 987 by title only 2. a) Motion to adopt Ordinance No. 987. N - nISCI ISStnN - VOTE VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED. Mayor Pro-Tem Watford asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. New Business Item K, Canal Cleaning Quote was added. MAYOR PRO-TEM WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:10 P.M. Council Member L. Williams moved to read by title only, proposed Ordinance No. 987 regarding Comprehensive Plan Future Land Use Map Amendment Application No. 07-011-SSA, submitted by Muhammad Noorudin, on behalf of property owners, Donald and Mary Ilgen, changing the land designation for Lots 17, 18 and 19 of Block 18, City of Okeechobee Subdivision from C to MF; seconded by Council Member Markham. VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 987 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CI TY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM COMMERCIAL (C) TO MULTI -FAMILY (MF); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 987; seconded by Council Member Williams. 833 1 FLI AUGUST 7, 2007 - REGULAR MEETING - PAGE 4 OF 20 This ordinance pertains to Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07- 011-SSA, for property located at 104 Northeast 111" Street. Legal being: Lots 17, 18 and 19 of Block 18, City of Okeechobee Subdivision. The request is to change the land use designation from C to MF. The Planning Board reviewed the application at their July 19, 2007 meeting, voting unanimously to find the application consistent with the Comprehensive Plan, and therefore recommends approval to the City Council. City Planning Consultant, Mr. Bill Brisson (of LaRue Planning and Management Services) reviewed the Planning Staff Report recommending approval based on the following findings of facts: A. Consistency with the Land Use Categories and Plan Policies. The applicant's request is consistent with the Multi -Family Residential Future Land Use category as described in the Comprehensive Plan. B. Concurrency of Adequate Public Facilities. Adequate public facilities would be available to the property. However, potential traffic impacts have not been demonstrated. There will certainly be somewhat more traffic generated by an assisted living facility or by four multi -family uses than is presently associated with the existing single- family home. However, it is not likely that the associated living facility, or four multi -family residential units, would generate more traffic than would be expected of commercial uses expected underthe current Commercial Future Land Use classification. C. Compatibility with Adjacent and Nearby Land Uses. The Multi -Family Residential Future Land Use category and the proposed assisted living facility would be compatible with the adjacent uses. This surrounding neighborhood is comprised of a mix of uses including office buildings, multi -family dwellings, and single family dwellings. This facility would be well suited to this neighborhood. Future Land Use to the North and East is MF; and to the South and West is C. The zoning to the North, East, and South is RMF; and to the West is CHV. The existing land use to the North is SF dwelling; to the East is vacant; to the South is MF dwelling; and to the West is the Florida Community Health Center. D. Compliance with Specific Standards of the Plan. This request is in compliance with the Comprehensive Plan and will eliminate a conflict between the Future Land Use Map and current zoning. • AUGUST 7, 2007 - REGULAR MEETING - PAGE 5 OF 20 AGENDA I COUNCIL ACTION DISCUSSION -VOTE Vill. PUBLIC HEARING CONTINUED. A. 2. b) Public discussion and comments continued. c) Vote on motion. B.1. a) Motion to read by title only proposed Ordinance No. 991 regarding Future Land Use Map Amendment Petition No. 07-010-SSA, submitted by Brad Goodbread on behalf of property owners G-4 Land & Cattle Co. and George A. Goodbread, changing Lots 1, 2 ,3, and 4 of Block 2, Royal Oaks Addition from Single Family (SF) to Commercial (C) - City Planning Consultant (Exhibit 2) Planning Board is recommending denial. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 991 by title only 2. a) Motion to adopt Ordinance No. 991. Deputy Clerk Eddings stated that the applicants request is to change Lots 17 through 19 of Block 18 from C to MF, whereas the agenda only lists Lots 18 and 19 of Block 18. The legal description on the ordinance is correct. Administrator Whitehall questioned whether the address should be 103 or 104 NE 111h Street? Mr. Nooruddin clarified that 104 NE 111h Street is the correct address. Mayor Pro-Tem Watford asked whether an assisted living facility was allowed as a Special Exception within a RMF Zoning District? Mr. Brisson replied, "Yes." VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member L. Williams moved to read by title only, proposed Ordinance No. 991 regarding Comprehensive Plan Future Land Use Map Amendment Application No. 07-010-SSA, submitted by Brad Goodbread on behalf of property owners G-4 Land & Cattle Co. and George A. Goodbread, changing Lots 1, 2, 3, and 4 of Block 2, Royal Oaks Addition from Single Family (SF) to Commercial (C), seconded by Council Member Markham. VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 991 by title only, as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITYOF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C), PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FOR AN EFFECTIVE DATE." Based on a request from the applicant, Council Member Markham moved to postpone the adoption of proposed Ordinance No. 991, to a date certain date of October 2, 2007; seconded by Council Member L. Williams. b) Public discussion and comments. III There were none. Di im RT 7 9nn7 - Rcci a no RAccrpir_ _ Der_r R nr tin 835 1 = AGENDA " GOUNCILACTLON -.DISCUSSION - VtlTr VIII. PUBLIC HEARING CONTINUED. B. 2. c) Vote on motion. VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED. C. 1. a) Motion to read by title only proposed Ordinance No. 992 regarding Rezoning Petition No. 07-008-R, submitted by Steve Dobbs on behalf of property owners InSite Development Group, LLC and D. Curtis Lundberg, changing Lots 1 through 6, Block 11, Lots 1 through 26, Block 12, Lots 1 through 26, Block 21, and Lots 1 Council Member L. Williams moved to read by title only, proposed Ordinance No. 992 regarding Rezoning Petition No. 07-008-R, submitted by Steve Dobbs, on behalf of property owners, InSite Development Group, LLC and D. Curtis Lundberg, changing Blocks 11, 12, 21, and 22, City of Okeechobee Subdivision from Residential Single Family -One (RSF-1) to Residential Multiple Family (RMF); seconded by Council Member C. Williams. through 6, Block 22, City of Okeechobee Subdivision from Residential Single Family -One (RSF-1) to Residential Multiple Family (RMF) - City Planning Consultant (Exhibit 3) Planning Board is recommending approval. b) Vote on motion to read by title only. VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 992 by title only. 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 adopt Ordinance No. 992. Council Member Markham moved to adopt proposed Ordinance No. 992; seconded by Council Member L. Williams. b) Public comments and 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 is located between Northwest 5" and 7ch Avenues and Northwest 11 th and 13`h Streets and is approximately 11.29 acre(s). There were 16 notices sent to the surrounding property owners with no response to date. 836 AUGUST 7, 2007 - REGULAR MEETING - PAGE 7 OF 20 Vill. PUBLIC HEARING CONTINUED. C. 2. b) Public comments and discussion continued. 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 tofind the rezoning consistent with the Comprehensive Plan. They are recommending the City Council approve the rezoning. Mr. Brisson reviewed the Planning Staff Report recommending approval based on the following findings of facts: 1. The proposed use is not contrary to Comprehensive Plan requirements. 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. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 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 affect on the public interest. 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. 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 Future Land Use to the North and West is SF, to the East is MF, and to the South is Public. The Zoning to the North is RSF-1, to the East is RMF, to the is South PUB, and to the West is Holding. The existing use to the North and East is vacant, to the South is Florida Department Of Transportation, and to the West are residences and vacant property. 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. 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. AUGUST 7, 2007 - REGULAR MEETING - PAGE 8 OF 20 837 Vill. PUBLIC HEARING CONTINUED. C. 2. b) Public comments and discussion continued. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. This 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. 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. Flooding and drainage problems will be handled during the Site Plan Review by the Technical Review Committee. 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. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. 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. By allowing this change the City will not be conferring special privileges to the applicant which would contrast with the public welfare. Mr. Brisson informed everyone that the Department of Community Affairs (DCA) was requesting additional data from the applicant regarding the Future Land Use Small Scale Map Amendment Application No. 07-005-SSA, due to the property succeeding the 10 acre limitation as allowed for an area designated Rural Area of Critical Economic Concern. DCA would like documentation showing how this land use change will be an economical benefit to Okeechobee. This request will delay the rezoning request until DCA warrants an approval. The City Council approved the Future Land Use Small Scale Amendment Application No. 07-005-SSA, June 5, 2007. 838 AUGUST 7, 2007 -REGULAR MEETING -PAGE 9 OF 20 Vill. PUBLIC HEARING CONTINUED. C. 2. b) Public comments and discussion continued. Mr. Dobbs added that his client has been working with DCA and is confident they will meet the criteria requested. He noted that there will be a traffic study for Northwest Yh Avenue and Yh Street a few weeks after school is back in session. Attorney Cook inquired as to the time frame anticipated? Mr. Brisson replied that once DCA receives the sufficient data, there is a thirty-one day allowance for objections. Mayor Pro-Tem Watford asked whether the motion should be contingent upon DCA approval of the Small Scale Application and the traffic study? Administrator Whitehall replied, "Yes". Council Member L Williams moved to amend the effective date of Ordinance 992 contingent upon the non- obiection from DCA, and the presentation of the traffic study, not to exceed December 31, 2007; seconded by C. Williams. VOTE TO AMEND KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED TO AMEND. VOTE AS AMENDED KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED AS AMENDED. D.1. a) Motion to read by title only proposed Ordinance No. 993 regarding Council Member L. Williams moved to read by title only, proposed Ordinance No. 993 regarding Rezoning Petition No. Rezoning Petition No. 07-009-R, submitted by Brad Goodbread on 07-009-R, submitted by Brad Goodbread on behalf of property owners G-4 Land & Cattle Co. and George Goodbread, behalf of property owners G-4 Land & Cattle Co. and George changing Lots 1, 2, 3, and 4 of Block 2, Royal Oaks Addition from Single Family (SF) to Light Commercial (CLT); Goodbread, changing Lots 1, 2, 3, and 4, Block 2, Royal Oaks seconded by Council Member Markham. Addition from Single Family (SF) to Light Commercial (CLT) - City Planning Consultant (Exhibit 4) Planning Board is recommending denial. b) Vote on motion to read by title only. VW I ` KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED. 1 VIII. PUBLIC HEARING CONTINUED. D.1. c) City Attorney to read proposed Ordinance No. 993 by title only 2. a) Motion to adopt Ordinance No. 993. b) Public comments and discussion. 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 21, 2007 for proposed Ordinance No. 988, regarding Rezoning Petition No. 07-010-R, submitted by Vikki Aaron on behalf of property owner Ronald Celli, changing Lot 1 and the East ten feet of Lot 2, and the West one-half of Southeast 4th Avenue adjacent to Lot 1, Block L, Central Park Subdivision from Residential Mobile Home (RMH) to Residential Single Family -One (RSF-1) - City Planning Consultant (Exhibit 5). Planning Board is recommending denial. AUGUST 7, 2007 - REGULAR MEETING - PAGE 10 OF 20 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 FAMILY -ONE (RSF-1) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." Based on a request by the applicant, Council Member Markham moved to postpone the adoption of proposed Ordinance No. 993, to a date certain of October 2, 2007; seconded by Council Member C. Williams. There was no discussion. VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MAYOR PRO-TEM WATFORD CLOSED THE PUBLIC HEARING AT 6:40 P.M. MOTION CARRIED. Council Member Markham moved to read by title only, and set August 21, 2007 as a public hearing date for proposed Ordinance No. 988, regarding Rezoning Petition No. 07-010-R, submitted by Vikki Aaron, on behalf of the property owner, Ronald Celli, changing Lot 1 and the East ten feet of Lot 2, and the West one-half of Southeast 41h Avenue adjacent to Lot 1 of Block L, Central Park Subdivision from Residential Mobile Home (RMH) to Residential Single Family -One (RSF-1); seconded by L. Williams. b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED. • J 840 AUGUST 7, 2007 -REGULAR MEETING -PAGE 11 OF 20 IX. NEW BUSINESS CONTINUED. A. 1. c) City Attorney to read proposed Ordinance No. 988 by title only. Attorney Cook read proposed Ordinance No. 988 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 OFLAND MORE PARTICULARLYDESCRIBED HEREIN, FROM RESIDENTIAL MOBILE HOME (RMH)ZON►NG DISTRICT TO RESIDENTIAL SINGLE FAMILY -ONE (RSF-1)ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 988. III Council Member Markham moved to approve the first reading of proposed Ordinance No. 988; seconded by Council Member C. Williams. b) Discussion. This ordinance amends the zoning district from RMH to RSF-1 for property located at 314 Southeast 71' Street. Legal description: Lots 1 and the East ten feet of Lot 2 of Block L, also the West one-half of Hiwassee Street, now Southeast 4`h Avenue, lying East of and adjacent to Lot 1 of Block L, Central Park Subdivison and is approximately 0.311 acres. 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 application at their July 19, 2007 meeting and unanimously recommends denial to the City Council. Mr. Brisson reviewed the Planning Staff Report recommending denial based on the following findings of facts: 1. The proposed use is not contrary to Comprehensive Plan requirements. The proposed single-family use is not contrary to the Comprehensive Plan requirements. Policy 2.1(a) establishes the Single Family Residential category on the future Land Use Map where this property is located. This land use category allows single family residences as well as mobile homes in mobile home parks. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Section 90-102(1) of the Land Development Code allows single family dwellings as a permitted uses under the RSF-1 Zoning District. 3. The proposed use will not have an adverse affect on the public interest. It is not in the public interest to create an isolated RSF-1 district within an established mobile home park, thus precluding another mobile home from being placed on the lot in the future. • A • IX. NEW BUSINESS CONTINUED. A. 2. b) Discussion continued. fl AUGUST 7, 2007 - REGULAR MEETING - PAGE 12 OF 20 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. A single-family use is appropriate in the sense that is simply another form of low density housing and certainly is not inherently incompatible among mobile homes. However, rezoning the subject property to an "island" of RSF-1 within an established mobile home park would jeopardize the established land use pattern and the consistency of the zoning pattern. This does not represent good planning policy. The Future Land Use to the North, East, South and West is SF. The Zoning District to the North is RSF-1 and RMH, to the East, South, and West is RMH. The existing land use to the North, South and West are residenses, to the East is vacant. 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 use itself would not adversely affect property values or living conditions in the area. While the mobile home park is almost fully developed, there remain a few undeveloped lots. Allowing single-family homes within the mobile home park may encourage the development of these properties and further beautification of existing 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. Should it be required, this use could be buffered from surrounding uses, but it is unlikely that other owners would consider a site built home to be a nuisance. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Neither rezoning the property to RSF-1 nor allowing a single-family use would create a density pattern that would overburden public facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The use will not create traffic congestion, flooding or drainage problems. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The only restrictions placed on this property are those which are set forth in the City's Land Development Code and Comprehensive Plan. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Should this petition be granted, it could be construed as a grant of special privilege to an individual owner as contrasted with the public welfare. By allowing RSf-1 at this location, the City would be creating an isolated zoning district within an already established and stable neighborhood. This would be setting a precedent for similar requests in the future. AUGUST 7, 2007 - REGULAR MEETING - PAGE 13 OF 20 IX. NEW BUSINESS CONTINUED. A. 2. b) Discussion continued. Mr. Brisson distributed a proposed amendment to Code Book Section 90-162(8), Permitted Uses, which would add paragraph (88) site built or manufactured single-family home within the RMH district. Section 90-165. Lot and structure requirements, which would add (2)(b) Minimum lot area: single-family home: area 10,000 square feet width 75 feet, and change other permitted principal uses to (c). Add to (3)(b) single-family home. (4) Add to (4)(b) single-family home 45 percent maximum coverage 50 percent maximum impervious surface and change to (c) Other permitted uses. Council Member Markham asked why a home cannot be built to replace a mobile home should it meet the setbacks? Mr. Brisson replied that there is no opposition, but it would create homes being built on smaller lots, and then should the zoning be changed and something happens to the house, then only a house can be built whereas should this proposal be accepted, a house or a mobile home would be permitted. Council Member C. Williams stated his dislike of homes being built on smaller lots, but in this situation, the applicant has adequate space. Ms. Aaron was present and stated that the applicant agreed with Planning Staff's recommendation for a single home within a RMH district, but is anxious to build and asked Council to consider the request for the change in zoning so a building permit can be acquired. Mayor Pro-Tem Watford clarified, the choices at hand are to either accept Planning Boards recommendation of denial and consider amending the Permitted Uses; or accept the ordinance as presented for the rezoning. The consensus of the Council was for the Planning Board to consider the rezoning and have the Planning Staff submit the language change in the RMH Permitted Uses to the Planning Board for recommendation. c) Vote on motion. VOTE KIRK - ABSENT MARKHAM - NAY WATFORD - NAY C. WILLIAMS - NAY L. WILLIAMS - NAY MOTION DENIED. (Note for clarification: Since the first reading was not approved, the Ordinance will not be considered for final adoption on August 21, 2007). B.1. a) Motion to read by title only, and set final public hearing date for Council Member L. Williams moved to read by title only, and set August 21, 2007 as a final public hearing date for August 21, 2007 for proposed Ordinance No. 994, amending Code proposed Ordinance No. 994, amending Code Book Chapter 90, Division 5, Signs Regulations; seconded by Council Book Chapter 90, Division 5, Signs Regulations - City Attorney Member Markham. (Exhibit 6) Planning Board is recommending approval with modifications. AUGUST 7, 2007 - REGULAR MEETING - PAGE 14 OF 20 IX. NEW BUSINESS CONTINUED. B.1. b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 994 by title only. Attorney Cook read proposed Ordinance No. 994 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING FORA COMPREHENSIVEAMENDMENT TO THELAND DEVELOPMENT REGULATIONS, ORDINANCE NO.923; DIVISION 5 THEREOF, FROM SECTIONS 90-561 THROUGH 90.600; PROVIDING FOR RESCISSION OF THESE SECTIONS IN THEIR ENTIRETY; PROVIDING FOR CREATION OF DIVISION 5 SIGN ORDINANCE; PROVIDING FOR ENACTING A UNIFORM SIGN CRITERIA; PROVIDING FOR REGULATION OF S►GNAGE AS PROVIDED HEREIN, SETTING FORTH DEFINITIONS; REQUIREMENT OF PERMIT AND MAINTENANCE; PROVIDING FOR EXEMPT AND PROHIBITED SIGNS; PROVIDING FOR TEMPORARYSIGNS; PROVIDING FOR SIGNS IN COMMERCIAL AND RESIDENTIAL AREAS; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.,, 2. a) Motion to approve the first reading of proposed Ordinance No. 994. 11 Council Member Markham moved to approve the first reading of proposed Ordinance No. 993; seconded by Council Member L. Williams. b) Discussion. Attorney Cook advised that items 1 through 3 noted on the memorandum, included in Exhibit Six, submitted by City Planner Jim LaRue will be addressed. The memorandum read as follows: This Sign Ordinance seems fairly clear and to the point. A couple of observations are: 1. Murals should be included in the definitions as we have defined them in our existing Ordinance. 2. Off -premise signs less than 101 square feet are not defined and might be considered as allowable signs. 3. There is no "Special Business Sales Event" temporary sign allowed other than with a new business and could be for a limited period of time. 4. There are some minor typos such as "device" instead of devise, etc. "square" instead of share. 5. Nonconforming section is good but will be tough to enforce. Council Member C. Williams requested that Section 90-567 Exempt signs. (b)(7) which reads as follows: Temporary political campaign signs announcing the candidacy of a candidate for public office not exceeding four square feet in sign area in residential areas, and not exceeding maximum size set forth herein for freestanding signs in commercial and industrial areas, be considered to allow bigger signs in the residential area, but not to exceed 32 square feet. Also Section 90-560 Permitted temporary signs (5)(A) which reads as follows: Construction site identification signs provided that the sign: does not exceed six square feet in sign area. He suggested that this also should not exceed 32 feet. 844 AUGUST 7, 2007 -REGULAR MEETING -PAGE 15 OF 20 IX. NEW BUSINESS CONTINUED. B. 2. b) Discussion continued. Staff and Council were instructed to forward to Administrator Whitehall or Attorney Cook any additional revisions before III August 21, 2007 for the final revised Ordinance. c) Vote on motion. v v I r_ KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED. C.1. a) Motion to read by title only and set August 21, 2007 as a final public Council Member C. Williams moved to read by title only and set August 21, 2007 as a final public hearing date for hearing date for proposed Ordinance No. 995 amending Code Book proposed Ordinance No. 995 amending Code Book Chapter 70, Section 338 changing the number of days an Chapter 70, Section 338 changing the number of days an application can be resubmitted for the same property following denial, from 60 to 365; seconded by Council Member application can be resubmitted for the same property following L. Williams. denial, from 60 to 365 -City Attorney (Exhibit 7) 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. 995 by title only 2. a) Motion to approve the first reading of proposed Ordinance No. 995. b) Discussion. KIRK - ABSENT C. WILLIAMS -YEA MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 995 by title only, as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE 716, LAND DEVELOPMENT REGULATIONS, AS AMENDED, AMENDING SECTION 70-338 TO CHANGE THE APPLICATION FOR REHEARING CANNOT BE RESUBMITTED FOR A PERIOD OF 60 DAYS AFTER DENIAL TO ONE YEAR AFTER DENIAL; PROVIDING FOR CONFLICTS AND SEVERABIL►TY; PROVIDING FOR AN EFFECTIVE DATE." Council Member Markham moved to approve the first reading of proposed Ordinance No. 995; seconded by Council Member C. Williams. Mr. Brisson explained that this request is to keep applicants from wearing down staff and the public. In most cases, the request has not changed within a 60 day period and the same information is re -submitted. It becomes a nuisance and an inconvenience to the public when they have to keep appearing at the Council meetings for no change of outcome. • IX. NEW BUSINESS CONTINUED. C. 2. b) Discussion continued. c) Vote on motion. D.1. a) Motion to read by title only and set August 21, 2007 as a final public hearing date for proposed Ordinance No. 996 amending Code Book Chapter 70, Section 152, Powers and Duties of the Planning Board, to delete approving Site Plans and Temporary Use Permits - City Attorney (Exhibit 8) Planning Board is recommending approval. b) Vote on motion to read by title only and set final public hearing date. AUGUST 7, 2007 - REGULAR MEETING - PAGE 16 OF 20 Mr. Mike O'Connor, alternate member of the Planning Board and also a city resident, stated his support of this proposed ordinance. He referred to the wearing down of the public and staff as the "Jimmy Hoffa" business approach. "You keep bugging until they say yes." VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member C. Williams moved to read by title only, and set August 21, 2007 as a final public hearing date for proposed Ordinance No. 996 amending Code Book Chapter 70, Section 152, Powers and Duties of the Planning Board, to delete approving Site Plans and Temporary Use Permits; seconded by Council Member L. Williams. KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 996 by title only. Attorney Cook read proposed Ordinance No. 996 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE 716, LAND DEVELOPMENT REGULATIONS, AS AMENDED, AMENDING SECTION 70-152 PLANNING BOARD POWERS AND DUTIES TO DELETE PARAGRAPH (5) SITE PLANSANDPARAGRAPH(6)TEMPORARYUSEPERMITS; PROVIDING FOR CONFLICTSAND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 996. b) Discussion. c) Vote on motion. Council Member C. Williams moved to approve the first reading of proposed Ordinance No. 996; seconded by Council Member L. Williams. Council discussed this change previously. The current process does not allow the Planning Board to approve site plans or temporary use permits. This would change the written duties to correspond with actual procedures. The Planning Board is recommending approval. VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED. i� • AUGUST 7, 2007 - REGULAR MEETING - PAGE 17 OF 20 IX. NEW BUSINESS CONTINUED. E. Request for a "No Wake Zone" on Taylor Creek North of the SR 70 Mr. Arthur Kay residing at 403 Northeast 81h Avenue addressed the Council requesting a "No Wake Zone" sign to be implemented on Taylor Creek, North of East North Park Street (State Road 70) bridge. The area under the bridge Bridge - Arthur J. Kay (Exhibit 9). narrows which leaves little room for the docked and passing boats, nearly causing collisions. Due to low water levels, there is an increase in air boats passing through and causing a noise disturbance. Mr. Kay had the surrounding property owners sign a petition for the "No Wake Zone" sign hoping to slow the boat traffic. He explained that he has spoken with Mayor Kirk who informed him that he should contact the Army Corp of Engineers. He is also requesting that the City Council send a letter to Congressman Tim Mahoney to assist with this situation. Council Member Markham explained that this issue has been brought before the City Council before, but there is no way to enforce the No Wake Zone. Chief Davis explained that citizens could report the violation, but nothing can be done unless a law enforcement officer observed the infraction. Mr. Kay remarked that he understood their points, but still requested the sign be posted and maybe some would read it and abide. Administrator Whitehall added that according to Attorney Cook, the City has jurisdiction over Taylor Creek, but then who is liable? Council Member Markham also mentioned that Florida Water Fish and Game may be responsible for the posting of the sign. Council instructed Attorney Cook to investigate two items of concern One being who is liable and the other being who has the authority. These items will be presented at the next regularly scheduled meeting August 21, 2007. F. Motion to approve a bid proposal for a tractor/mower - City Council Member Markham moved to award a tractor/mower bid in the amount of thirty-eight thousand, two hundred Administrator (Exhibit 10). twenty-one dollars and thirty-four cents ($38,221.34) to the low bidder, Everglades Farm Equipment Co., Inc.; seconded by C. Williams. The City sent out a request for bids and received only these two: Everglades Farm Equipment Co., Inc., and Sunrise Tractor and Equipment, Inc., (38,774.00). VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED. AUGUST 7, 2007 - REGULAR MEETING - PAGE 18 OF 20 847 1 d IX. NEW BUSINESS CONTINUED. G. Motion to approve a request for twenty percent reduction in parking, Council Member Markham moved to approve a request for a 20 percent reduction in parking spaces required for a submitted by Steven Dobbs, P.E. on behalf of property owners proposed commercial development located at 204 Northeast 3" Avenue. Legal description: Lots 9 and 10 of Block David and Judy Hester - City Planning Consultant (Exhibit 11). 143, City of Okeechobee. The application was submitted by Steven Dobbs, P.E. on behalf of,property owners, David 11 and Judy Hester; seconded by Council Member C. Williams. Mr. Dobbs distributed a revised site plan which showed eleven parking sites instead of the original ten. Administrator Whitehall stated that the Technical Review Committee approved the site plan at their July 25, 2007 meeting with the following contingencies: (1) Eleven parking spaces are needed. (2) City Council grant the 20 percent parking reduction. (3) Appropriate improvements for two handicap parking spaces on the City street to be approved by Police Chief, in front of the facility. (4) Allow the buffer configuration that is proposed. There was a brief discussion. KIRK - ABSENT C. WILLIAMS -YEA MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. H. Motion to approve the 2007-2008 millage calendar, and reschedule Council Member L. Williams moved to approve the 2007-2008 millage calendar, and reschedule the September 2007 the September 2007 regular City Council meeting dates to regular City Council meeting dates to September 5 and September 19, 2007, at 5:01 p.m.; seconded by Council September 5 and September 19, 2007 - City Administrator (Exhibit Member Markham. 12). Mayor Pro-Tem Watford clarified, to avoid conflicts of interest with the County and the inconvenience of too many meetings, the budget meetings are combined with the regular scheduled meetings and changed to Wednesday. VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Battlefield of Okeechobee update - Councilman Watford. Mayor Pro-Tem Watford updated the Council on the Battle of Okeechobee Re-enactment. He was honored to be the representative for the City, and the re-enactment is back on track, scheduled for the first weekend in February, 2008. There was no official action on this matter. 848 AUGUST 7, 2007 - REGULAR MEETING - PAGE 19 OF 20 IX. NEW BUSINESS CONTINUED. J. Motion to approve the Muscular Dystrophy Association (MDA) Boot Council Member C. Williams moved to approve the Muscular Dystrophy Association (MDA) Boot Drive at the Drive at the intersection of SR 70 and Hwy 441 on August 17 -18, intersection of Parrott Avenue and North Park Street on August 17 -18, 2007 and August 24 - 25, 2007; seconded 2007 and August 24 - 25, 2007 - Glenn Hodges. by L. Williams. VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED. ITEM ADDED TO AGENDA: K. Canal Clean -Up - City Administrator. Administrator Whitehall was instructed at the July 3, 2007 meeting to bid out the Canal Cleaning Project to remove and dispose of vegetation, silt, sand or sluff from canals dedicated to the City in Wilcox Shores and Okeechobee Estates Subdivision. He reported by memorandum that considerable investigation of this matter was done, and has now legitimized the bid presented with a "piggyback" authorization through a current Lee County contract. The bid is for TSI Disaster Recovery Services, Inc., to remove debris up to 1950 cubic yards at nineteen dollars and fifty -cents per ($19.50) cubic yard for a total of $38,025.00. Also, Mr. Whitehall mentioned that the canal located by Southeast 7" Street, (Taylor Cove Subdivision), will be added to this project. Public Works Director Robertson explained that his department will be assisting, in order to keep costs at a minimum. Council Member Markham moved to award a canal cleaning bid to TSI Disaster Recovery Services, Inc., in the amount of thifteight thousand, twenty five dollars ($38,025 00), to remove 1950 cubic yards of debris at $19 50 per cubic yard and not to exceed 3,000 cubic yards; seconded by Council Member C. Williams. VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED. 84Q AUGUST 7, 2007 - REGULAR MEETING - PAGE 20 OF 20 X. ADJOURN MEETING - Mayor. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR PRO-TEM WATFORD ADJOURNED THE MEETING AT 8:07 P.M. The next regularly scheduled meeting is August 21, 2007. ATTEST: 4DowR. Watford, Jr., 'kyor,Pro-Tempore Lane Gamiotea, CM , City Clerk PLEASE TAKE NOTICEAND BEADVISED 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. Page -1- CITY OF OKEECHOBEE - August 7, 2007 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MNdUTES I.` ' CALL TO ORDER l May01 a ra, Auc gust 7 2007 City Council Reuiar Meeting 6 . r Ill.: OPENING CEREMONIES: Invocation given by Randy Huckabee, First Baptist Church; Pledge -of Allegiance led -by lUlayor. Pjz - Te ofcram Ill. MAYOR, COUNCIL AND STAFF -ATTENDANCE - Deputy Cfty-Cler*. Present Absent Mayor James E. Kirk Council Member Lowry Markham r 1 Council Member Dowling R. Watford, Jr.' _ Council Member Lydia Jean Williams City -Administrator- Brian Whitehall I� City Attorney John R. Cook _ i i City Clerk Lane Gamiotea _ _X Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson _ IV PRESENTATIONS AND PROCLAMATIONS - Interim Mayor. Proclaim the month of August 2007 as "Fire Fighter Appreci Lion Month." FF v MINUTES - City Clerk. Council Member �,VnLA moved to dispense with the reading and approve the Meeting; seconded by Council Member SummarX LUc� � ion for the Jul 32407 Re , �? y , Regular Meet 9 TE YEA NAY ABSTAIN ABSENT K _ _X WILLIAMS RKHAM TFORD L. WILLIAMS —� MOTION: DENIED/ .ARRIE�3 WARRANT REGISTERS - City �dminlstrator. A. Council Member � I"(1'./hk_1n moved to approve the May 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); Comm unity.Development Building Grant Fund (CDBG), two hundred l sixtythousand, four hundred sixty-six dollars ($260,466.00); Public Facilities Improvement Fund, three hundred fty-three dollars and thirty-two cents ($353.32-) seconded by - Council Member Page -2- VOTE YEA NAY ABSTAIN ABSENT KIRK X C. WILLIAMS MARKHAM WATFORD LiWILLIAMS MOTION: DENIED �RRIE VI. WARRANT REGISTERS - ity A ministrator. Bt Council Member moved to approve the amended June 2007 Warrant Register in the amounts of: General Fund, four hundred fifty-six thousand, fifty-four dollars and seventy-nine cents ($456,054.79); Public Facilities Improvement Fund, twenty-four thousand, eight hundred eighty-eight dollars and sixty cents ($24,888.60); Community Development Block Grant Fund (CDBG), one hundred fifty-eight thous gryd, si cty-nine dollars and thirty-one cents ($158,069.31);) seconded by Council Member E` t _,1 1(II. AGENDA - Interim Mayor. �� _' X Requests for the addition, deferral or withdrawal of 'it s on today's agen a. J Vill. INTERIM MAYOR WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT o P.M. .1.a) Council Member % moved to read by title only, proposed Ordinance No. 987 regarding Future Land Use Map Amendment Petition No. 07-011-SSA, submitted by Muhammad Noorudin on behalf of property owners Donald and Mary Ilgen, allowing an assisted livin ility within a Residential Multiple Family (RMF) Zoning District located at 103 NE 11th Street, Lotand 19 of Block 18, City of Okeechobee Subdivision - City Planning Consultant (Exhilat1) Planning Board is a. recommending approval, seconded by Council Member Vote on motion. TE YEA NAY ABSTAIN ABSENT �RK WILLIAMS MARKHAM WATFORD WILLIAMS MOTION: DENIED ARRIED. j Attorney Cook read proposed Ordinance No. 987 by title only as follows: "AN ORDINANCE OF THE CITY OFOKEECHOBEE, FLORIDA AMENDING THE CITYOFOKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM COMMERCIAL (C) TO MULTI-FAMILY(MF), PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FOR AN EFFECTIVE DATE. " a) Council Members moved to adopt proposed Ordinance No. 987; seconded by Council Member tumc5 . Public comments and discussion. i; *s ordinance pertains to Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-011-SSA submitted by Muhammad Nooruddin, on behalf of the pro,, owner(s), Donald and Mary II' en, for property located at 104 Northeast 11 th Street. Legal being: L61��f'8 and 19 of Block 18, City of Qkeechobee Subdivision. The request is to change the land use designation from C to MF. The Planning and reviewed the application at their July 19, 2007 meeting and voted unanimously to find the application nsistent with the Comprehensive Plan, therefore recommending approval to the City Council. a �i Page -3- �. Brisson briefly reviewed the Planning Staff Report recommending approval based on the following b lowings: Summary: There is presently a -single-family home on the property: -The applicant is proposing purchase this property from its current owner and develop a two-story, 30-40 bed, assisted living facility. Jile the subject property is zonedRMF, this is in conflict with the Commercial designation on the Future Land Ee map. The. requested change to_a MF land use designation will eliminate._ the. inconsistency between the ing and the Future Land Use designations. The proposed use and RMF zoning are consistent with the .grounding pattern of zoningand land use, The r g p operty-is iocatedtn a-pad+ally developed residential a east lying east of the alley behind the commercial uses fronting along U.S. 441. Except for the merciat zoning along U.S. -44-1, the most the- immediately surrounding area-is_zoned for mutti-fiamily ��Wential uses and existing development consists largely of scattered multi -family structures. An assisted ,Ing facility is alfowedT y special exception in the RMF zon hgdstrict. fn the event the owner were to develop multi -family residential use rather than_an assisted living facility the.allowable_density of 10 units per acre ill permit up to four multi -family residential units. Comprehensive Plan Analysis: A. Consistency with b Land Use Categories and f-late-Policies... The appkant's_request-is-sensistent with-4ha Multi-l=arnily �sidential Future Land Use category as described in the Comprehensive Plan. B. Concurrency of rffiquate--Publlc�lies.-Adequatepubk-fadities�woufd-be avaitabte-tQ potential_thepropertY-.However,c impacts have not been demonstrated. There will certainly be somewhat more traffic generated by an fisted living facility or -by four multi=family uses than is presently associated with the existing single-family Ime. However, it is not likely that the associated living facility, or to multi family residential units, would nerate more traffic than would be expected of commercial uses expected under the current Commercial ture Land Use classification, -C. Compatibility with Adjacent and -Nearby Land Uses, The Multi -Family sidential Future Land Use category and the proposed assisted living facility would be compatible with the jacent uses, This surrounding neighborhood is comprised of mix of uses including office buildings, multi- ily dwellings, and single family dwellings. This facility would be well suited to this neighborhood. Future nd Use Map classifications -are: to the North, MF; East, MF; South, C and to the West, C. The zoning tcts are: to, the North, RMF; East, RMF; South, RMF; and to the West, _CHV. D. Compliance with ific Standards of the Plan. This request is ,in compliance with the Comprehensive Plan and will minate a conflict between the Future Land Use Map and current zoning Anatysis and Conclusions: - ,sed on the foregoing analysis, staff recommends approval of the applicant's request to amend the Future nd Use Map from Commercial to Mufti -Family Residential. - (tV Vote on motion. TE - -Y€A NAY -ABSTAIN-ASS€NT IK X Nttt1AMS RKHAM TFORD VILLIAMS TION: DENIED �FRIRIED. Page -4- B 1. a) Council Member Y�60m" moved to read by title proposed Ordinance No. 991 regarding Future Land Use Map Amendment Petition No. 07-010=SSA, submitted by Brad Goodbread on behalf of property owners G-4 Land & Cattle Co. and George A. Goodbread, changing Lots 1, 2 A and 4 of Block 2, Royal Oaks Addition from Single Family (SF) to Commercial (C) - City Planning Consultant (Exhibit 2). Planning Board is recommending denial; seconded by Council Member Mj Vote on motion. MT YEA NAY ABSTAIN ABSENT KIRK WILLIAMS t4L LARKHAM WATFORD Lo WILLIAMS LOTION: DENIE C RIED R C) Attorney Cook read proposed Ordinance No. 991 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND i REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." a) Council Member, moved to adopt proposed Ordinance No. 991 seconded b Council Member y b) Public comments and discussion. this ordinance pertains to Comprehensive Plan Small Scale Future Land Use Map Amendment Application . 07-010-SSA submitted by Brad Goodbread, on behalf of the property owner(s) G-4 Land & Cattle Co. and orge A. Goodbread, for property located at 2104 Southwestnd 2 Avenue. Legal being: Lots 1-4 of Block Royal Oaks Addition Subdivision. The request is to change the land use designation from SF to C. The �Tanning Board reviewed the application at their June 21, 2007 meeting and voted 4/2 to find the application iiiconsistent with the Comprehensive Plan, therefore recommending denial to the City Council. Mr. Brisson briefly reviewed the Planning Staff Report recommending denial based on the following: Ornmary: The applicant is requesting to amend the future land Use Map from SF to C for the subject otoperty. The current zoning for the property is RSF-1 and the applicant, in a separate request, would like the Oning changed to CLT. Lots 1 and 2 are currently developed with a SF residence. Lots 3 and 4 are vacant 4a0d undeveloped. The applicant is requesting this change to allow a parking lot on the subject property. As �me of you may remember, the applicant submitted an application for a Future Land Use Map Amendment 40d rezoning for this same property in January of 2007. At that time, the applicant's request was denied qcause it was inconsistent with the Comprehensive Plan. Staff has reviewed the proposed request of ql ange. Consistency with the Land Use Categories and Plan Policies: A. The Comprehensive Plan requires the City to manage future growth and implement land development regulations which would protect thle use and value of private property from adverse impacts of development. The applicant has not submitted AIany new information which would cause City Staff to reconsider our original assessment for this property. iowing a Commercial Future Land Use on this property would be encouraging further Commercial changes �thin a residential neighborhood. The proposed use would be inconsistent as this entire block is shown on the Future Land Use Map as SF and zoned RSF-1. The current existing uses on the property are all consistent 46d staff sees no new factual information to keep the property from remaining residential. Having a �bmmercial marketing desirability for this property is not a sufficient reason. B. Concurrency of Adequate � blic Facilities. As stated in the previous report, public facilities would be available to the property. H wever, potential traffic impacts have not been demonstrated. C. Compatibility with Adjacent and Nearby kond Uses. A Commercial Future Land Use Category on this property would not be compatible with the i0jacent uses to the North, West and South. Although the area to the west is commercial, it is still not good (anning to allow the proposed commercial use as an accessory to another use across Wse Map classifications are: to the North, SF; East, C; South, SF and to the West, SF. eThe zoning districts Page -5- a : to the North, RSF-1; East, CHV; South, RSF-1 and to the West, RSF-1. D. Compliance with Specific ndards of the Plan. This request is not in compliance with the specific standards-ofthe-Plan. Analysis a d Conclusions. Based on the analysis given above, the staff recommends denial of the applicant's request I mend the Future Land Use Map from SF to C. - - - Vote on motion. TE YEA NAY ABSTAIN ABSENT _..._. I _ K . WILLIAMS RKHAM TFORD L. WILLIAMS MOTION: DENIED CARRIED. Page -6- ON 1. a) Council Member !, Ykh moved to read by title only, proposed Ordinance 992 regarding Rezoning Petition No. 07-008-R, submitted by Steve Dobbs on behalf of property owners InSite Development Group, LLC and D. Curtis Lundberg, changing Lots 1 through 6, Block 11, Lots 1 through 26, Block 12, Lots 1 through 26, Block 21, and Lots 1 through 6, Block 22, City of Okeechobee Subdivision from Residential Single Family -One (RSF-1) to Residential Multiple Family (RMF) - City Planning Co ultan (Exhibit 3) Planning Board is recommending approval, seconded by Council Member C k�) Vote on motion. 'OTE YEA NAY ABSTAIN ABSENT RK x ;Y YIIILLIAM10 IRKHAM WATFORD La WILLIAMS OOTION: DENIE Attorney Cook read proposed Ordinance No,992 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FL6RIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARL YDESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMIL Y- 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." a) Council Member ` CA, _xjA moved to adopt proposed Ordinance No. 992; seconded by Council Member ) i I r , 1} b) Public comments and discussion. Ais ordinance changes the zoning district for Blocks 11,12, 21 and 22, City of Okeechobee Subdivision, from ZF-1 to RMF. The vacant property is located between Northwest 5thand Ph Avenues and Northwest 11th d 13" Streets and is approximately 11.29 acre(s). The rezoning petition was submitted by Steve Dobbs, qT 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 raviewed the rezoning petition at their June 21, 2007 meeting and voted unanimously to find the rezoning 66nsistent with the Comprehensive Plan. They are recommending the City Council approve the rezoning. f 6e Planning Staff is recommending approval as well, based on the following finding of facts: 1. As pgescribed 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 40d 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) kws 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 ttonsitioning 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 Ooperty. 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 y$e may be required to be buffered from surrounding uses. During the Site Plan Review phase, the Technical eview Committee will determine whether the proposed development poses any adverse impacts or hazards +the neighborhood. 7. The overall density for Multi -Family at this location was discussed during the Small ~ale Plan Amendment approval, but specific traffic impacts on the logical traffic distribution points for ikersections and road links need to be discussed further. Sewer and water services seem to be planned for 1 Page -7- arms of future service. 8. Specific traffic issues are being discussed with the Applicant's Traffic Consultant order to determine the likely -traffic distribution impacts and possible improvements necessary to :ommodate this proposed rezoning and development. Flooding and drainage problems will be handled ing the Site Plan Review by the Technical Review Committee. Planning Staff Report continued: 9. The y restrictions which have been placed on this property are those within the City's.Comprehensive Plan and Land Development Code. r . By allowing this change the City will not be conferring special privileges to the applicant which would trast wit the public welfare. Summary and Conclusions Prior to Certification;- ftshoutd be noted that pacts to public facilities, schools, and traffic congestion were all undertaken during the applicant's submittal the Small-Scafe Future Land Use Map Amendment last year. This report is based on facts obtained at that 71e. LIU- tk t n � a, �kl __r/— _- d 1 t n f 6' ;(�. l , f �_. JRote on motion. YEA NAY ABSTAIN ABSENTLLIAMSRKHAM TFORD LIAMS Q,y��,d1N: TtNfEt7/ RR1EtT Page -8- D1. a) Council Member moved to read by title only, proposed Ordinance No. 993 regarding Rezoning Petition No. 07-009-R, submitted by- Brad Goodbread on behalf of property owners G-4 Land & Cattle Co. and George Goodbread, changing Lots 1, 2, 3, and 4, Block 2, Royal Oaks Addition from Single Family (SF) to Light Commercial (CLT) - City Planning Consultant (Exhibit 4)Planning Board is recommending denial; seconded by Council Member b) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK 0. WILLIAMS MARKHAM WATFORD L. WILLIAMS LOTION: DENIED/ RIED. C) 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 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." v E a) Council Membermoved to adopt proposed Ordinance No. 933; seconded by Council Member q) Public comments and discussion. This ordinance changes the zoning district for Lots 1 through 4 of Block 2, Royal Oak Addition Subdivision, 06m RSF-1 to CLT. The property is located at 2104 Southwest 2"' 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 4eorge 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 dpplication at their June 21, 2007 meeting and voted five to one that the petition was inconsistent with the comprehensive Plan and is recommending denial to the City Council. Mr. Brisson reviewed the Planning Staff Report and based on the following findings 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 is particular residential neighborhood with more intense commercial changes to follow. 2. This property is tieing proposed for a commercial parking lot. This is not specified under Section 90-252 of the Land 06velopment Code as a permitted use within the CLT Zoning District. Parking facilities are usually viewed as ,Ili uses to already established or proposed commercial uses on a property. 3. The proposed parking Ibt and the applicant's requested CLT Zoning District could have an adverse effect on the public interest in the f4m of premature change to commercial in an established residential neighborhood. 4. This commercial use it�not appropriate for this residential location. It would not be compatible with the predominantly residential caracter of the neighborhood and would be detrimental to urbanizing land use patterns.5. A parking lot could oversely affect property values and/or living conditions in the area. But more important, the possible future Uldes of this property will pose a more serious situation for the neighborhood. Should the CLT zoningbe I owed, the following commercial uses could be permitted on the property: Professional Office, Business Dice, Medical Office, Retail Store Retail Service Pers onal Seance and Craft Studio. Special exception uses 41hich could be allowed on the property are: Restaurant, Cafe, Dry Cleaner, Laundry, Private Club, Nightclub, %iness School, Radio, Television or Cable Reception, Transmission or Operational Facilities, Commercial or Recreation, Commercial Parking Garage or lot, Taxistand, Outdoor Vehicle Sales lot, House of Worship, rina, Dock, Pier, Enclosed Storage, Public Facility or use and Public Utility. Permitted uses in excess of 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 :I f Page -9- t surrounding uses. 7. Density would not be an issue for this particular case. 8. The proposed use will not c late traffic congestion, flooding or drainage -problems, or -otherwise affect public safety There has been no d cumentation 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 K in and its Land Development Regulations. 10. Based on the above information, granting the proposed c ,ange could_be.construed as conferring special privileges. -to this individual owner as contrasted -with the pplblic welfare. A petition for the same property was denied in February 6, 2007 by the City Council. I i _ I w r c Vote on motion. _._ V TE - YEA NAY_ _ABSTAfN --ABSENT K C LLIAMS RKHAM TFORD ILLIAMS TION: DENIED/ I ERIM MAYOR WATFORD CLOSED THE PUBLIC HEARING AT P.M. Page -10- IX. NEW BUSINESS. A.1. a) Council Membermoved to read by title only, and set final public hearing date for August 21, 2007 for proposed Ordinance No. 988, regarding Rezoning Petition No. 07-010-R, submitted by Vikki Aaron on behalf of property owner Ronald Celli, changing Lot 1 and the East ten feet of Lot 2, and the West one-half of Southeast 4" Avenue adjacent to Lot 1, Block L, Central Park Subdivision from Residential Mobile Home (RMH) to Residential Single Family -One (RSF-1) - City Planning Consul nt Exhibit 5) Planning Board is recommending deniat,, seconded by Council Member b) Vote on motion to read by title only. /XQT,E YEA NAY ABSTAIN ABSENT KIRK t WILLIAMS MARKHAM WATFORD llWILLIAMS LOTION: DENIED/ RRIED. C_�z �� cv-.J� Attorney Cook read proposed Ordinance No. 988 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 MOBILE HOME (RMH) ZONING DISTRICT TO RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2 a) Council Member mov tq approve the first reading of proposed Ordinance No. 988; seconded by Council Member , b) Discussion. This Ordinance amends the Zoning designation from RMH to RSF-1 for property located at 314 Southeast 7th $> reet. Legal description: Lots 1 and the East ten feet of Lot 2 of Block L, also the West one-half of Hiwassee $1reet, now Southeast 4tn Avenue, lying East of and adjacent to Lot 1, Block L, Central Park Subdivison. The p$tition was submitted by Vikki Aaron, on behalf of property owner Ronald Celli. There were 16 notices sent tothe 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 Manning Board reviewed the application at their July 19, 2007 meeting and unanimously recommends denial to the City Council. 'f t Panning Staff Report Summary: A majority of the subject property is vacant. There appears to be four gle family dwelling units on the property, but these are owned by the applicant. In 2006, the applicant 40plied 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 gvelop the subject property with no more than 112 dwelling units. Planning Staff Analysis: 1. As r�scribed by the Comprehensive Plan (Policy 2.1(b)), lands developed under the Multi -Family Residential �Yture Land Use Category are permitted to have apartments, duplexes, condominiums, single family houses Arad public facilities at a maximum density of 10 dwelling units per acre. The applicant's request to develop the Orbperty with multi -family development is not contrary to this requirement. 2. Section 90-192 (2 and 3) allows t*k-family dwellings and multi -family dwellings as permitted uses in the RMF Zoning District. 3. The proposed u4e will not adversely affect the public interest. 4. Although most of the surrounding existing land uses in this Iq ation appear to be vacant lands, this location (in terms of future uses) has been rapidly transitioning into dulti-family neighborhood. Asa result of these changes, the proposed multi -family use would be appropriate fqt this location and compatible with the adjacent mixture of uses which surrounds the property. The use would nvt be detrimental to urbanizing land use patterns. 5. By allowing this development, it does not appear that it,�ould adversely affect property values or living conditions of adjacent property. The proposed multi -family Page -11- �velopment may, in fact, encourage the development of surrounding properties. 6. This use may be required t be buffered from surrounding uses. During -the Site Plan -Review -phase, the -Technical Review Committee II determine whether the proposed development poses any adverse impacts or hazards to the neighborhood. ., The overall density for Multi family at this location, was discussed during the Small Scale Plan Amendment iproval, but specific traffic impacts on the logical traffic distribution points for intersections and road links need be discussed further. Sewer -and- water services see m to be planned for interms of future service. 8. ecific_traffic issues are.. being discussed with the Applicant's Traffic -Consultant in order to determine -the likely ti offic distribution impacts and possible improvements necessary to accommodate this proposed rezoning and AiAvelopment{see enclosed-r y. __Flooding and drainag e- will be handled during the -Site Plan review by the Technical Review Committee. 9. The only restrictions which have been placed on this property those within the Citys Comprehensive Plan -and -the LandDevelopment Code: 10. By allowing this change t 6 City will not be conferring special privileges to the applicant which would contrast with the public welfare.,. mmary and Conclusions Prior to Certification: It should be noted that impacts to -pub li-cfacilities, s Pools, and -traffic -congestion. -were -all-undertaken-during the -applicant's -submittal for the Small -Scale Future rid Use Map Amend a It I st year. This report is based on facts obtained at that time. Recommendation: ITecommends ©f the requ"He-a-rezonftftm RSF--1-taf shoufflhetnffici es be stisfactorily resolved. �r � 6 100 x r'lI7I _ �J/ P, IL �t c Vote on motion. Q �_. V TE YEA MAY ABSTAIN . ABSENT - 1 Q S F- K K C LttArors M RKHAM TFORD L. IL LL M TION D�1/ARRIED. _ _ _ Page -12- B1, a) Council Member moved to read by title only,. b) Council Member moved to read by title only, and set final public hearing date for August 21 000ffor proposed Ordinance No. 994, amending Code Book Chapter 90, Division 5, Signs Regulations -City Attorney (Exhibit 6) Pla n' Board is recommending approval with modifications; seconded by Council Member VOTE YEA NAY ABSTAIN AB ENT KIRK 9. WILLIAMS MARKHAM WATFORD L WILLIAMS LOTION: DENIED/ RIED. a) Attorney Cook read proposed Ordinance No. 994 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING FOR A COMPREHENSIVE AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS, ORDINANCE N0. ; DIVISION 5 THEREOF, FROM SECTIONS 90-561 THROUGH 90-600, PROVIDING FOR RESCISSION OF THESE SECTIONS IN THEIR ENTIRETY, PROVIDING FOR CREATION OF DIVISION 5 SIGN ORDINANCE, PROVIDING FOR ENACTING A UNIFORM SIGN CRITERIA; PROVIDING FOR REGULATION OF SIGNAGE AS PROVIDED HEREIN; SETTING FORTH DEFINITIONS; REQUIREMENT OF PERMIT AND MAINTENANCE, PROVIDING FOR EXEMPT AND PROHIBITED SIGNS, PROVIDING FOR TEMPORARY SIGNS; PROVIDING FOR SIGNS IN COMMERCIAL AND RESIDENTIAL AREAS; PROVIDING FOR CONFLICTS AND SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 2.i a) Council MemberJ*eaconded moved to approv the first reading of proposed Ordinance No. 9by Council Member b) scussion. Phis Ordinan amends the Zoning designation from RSF-1 to CLT for property located at 2104 Southwest 2nd Avenue. Legal de ' tion: Lots 1 through 4 of Block 2, Royal Oak Addition, Plat Book 1, Page 8, Public Record of Okeechobee County, F ' a and is approximately 0.650 acre(s). The petition was submitted by Brad Goodbread, on behalf of pro owner(s) G4 Land & Cattle, Co, and George A. Goodbread. There a 22 notices sent to the surrounding operty owners with no response to date. The property posted with a sign advertising the request of the f oning, dates and times of both the Planning Bo and City Council public hearings. The Planning Board re ' wed the application at their June 21, 2 meeting and recommends denial. Pranning Staff Report Summary: The subject pro y is compris of 4 lots. Lots 1 and 2 are developed uyijh a single family residence, while Lots 3 and 4 are vaca The plicant is requesting to change the zoning on the property to CLT to allow a commercial parking lot to ommodate an adjacent commercial use. In audition to this request, the applicant is also applying fo mall ale Future Land Use Map Amendment to Commercial which will allow consistency with there ested zoning. ould the applicant's Map Amendment r6puest be denied by the City, this request mus so be denied as the pro rty's Future Land Use and Zoning mist remain consistent with each other. P ning Staff Analysis: 1. The posed commercial parking lot ar d CLT zoning would be contrary to a Comprehensive Plan requirement . The City's Plan prohibits encroachment into residential neigh rhoods and if this request is allowed it would b 't could seen as allowing commercial encroachment into t ' particular residential neighborhood with more intens ommercial changes ta)ollow. 2. This property is eing proposed for a commercial parking lot. This is not spe . ied under Section 90,-252 of the Land Dev pment Code as a permitted use within the CLT Zoning District. Par ' g facilities are u%ally viewed as ac ssory uses to already established or proposed commercial uses on a pro rty. 3. The pposed parkin of and the applicant's requested CLT Zoning District could have an adverse effect on the p lic interest' the form of premature change to commercial in an established residential neighborhood. 4. This Comm cial use is not appropriate for this residential location. It would not be compatible with the predomi htly residential character of the neighborhood and would be detrimental to urbanizing land use pigterns. 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. I' Page -13- Ould the CLT zoning be allowed, the following commercial uses could be permitted on the property: fessional business office, medical office, Retail store, retail service; Personal service, Craft studio; Special ception uses which be allowed on the property are: Restaurant, SahkOry cleaner, laundry, Private club, htclub, Business school, Radlo, vIsion orcabie reception, transmissi operational facihti6s, Commercial indoor reation, Commercial parking garage o taxistand, Outdoor ve ' e sales lot, House of worship, Marina, dock, pier, c osed storage, Public facility or'use, Public Permitt ses in excess of 45 feet in height, One dwelling unit r commercial building, Group home. With the ex ion of churches, none of these uses are development improvement of adjacent property. 6. Th a cou buffered from the surrounding uses. 7. Density �uld not be an issue for this particular ..8.. The propose willnot create traffic congestion}; flooding ;drainage problems, or otherwis ect public safety. There has no documentation submitted by the 'plicant which could prove-tFiese issues-wouid not be a problem. 9.. _ restrictions b ft placed this property are tho which are set forth in the City's Comprehensive Plan an its Land Development gulations. 1II: ed on'tff6 above information, gfahtihflhe proposed cl ange-coufd'be construed as referring spe ' privileges to this individual owner as contrasted with the public welfare Recommendation: t off recommends denial of the request to allow rezoning from RSF-1 to CLT. _�1 I 17 �- c Vote on motion. ATE . _ YEA -_ NAY. _ABSTAIN ASSENT, fILI AMSKHAM FORD LLIAMS iONe DENIEL Page -14- C. Council Member moved to read by title only and set August 21, 2007 as a final public hearing date for proposed Ordinance No. 995 amending Code Book Chapter 70, Section 338 changing the number of days an application can be resubmitted for the same property following denial, from 60 to 365 - City Attorney (E bit Planning Board is recommending approvat, seconded by Council Member b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK X C. WILLIAMS MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/ RRIED. c) Attorney Cook read proposed Ordinance No. 995 by title only, as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE 716, LAND DEVELOPMENT REGULATIONS, AS AMENDED, AMENDING SECTION 70-338 TO CHANGE THE APPLICATION FOR REHEARING CANNOT BE RESUBMITTED FOR A PERIOD OF 60 DAYS AFTER DENIAL TO ONE YEAR AFTER DENIAL; PROVIDING FOR CONFLICTS AND SEVERAB/L/TY, PROVIDING FOR AN EFFECTIVE DATE." 2 a) Council Member ��-a't'"-' moved to ap rovethe first reading of proposed Ordinance No. 995; seconded by Council Member `d1� b) Discussion. ,0 - 11a, tdA111- e (6t.,, ;0)L Vote on motion. YEA NAY ABSTAIN ABSENT K X CLrWILLIAMS l4iRKHAM WA' TFORD L�'WILLIAMS NOTION: DENIED/ , j Page -15- 1. a) Council Member moved to read by title only,and set August 21 g , 2007 as t a -final public #gearing date for proposed Ordinance No. 996 amending Code Book Chapter 70, Section 152, Powers and Duties of the Planning Board, to delete approving Site Plans and ?I Temporary Use Permits City Attorney xhibit 8 Planning Board is recommending approvat, i seconded by Council Member I I ); Vote on motion to read by title only. and set final public hearing date, TE YEA NAY ABSTAIN ABSENT I, IRK X _ . WILLIAMS ARKHAM IATFORD _. VIIILLIAIIIS TION DENIE_ _ .ARRIED. . ' Attorney -Cook read g-oposed,Ordinance No. 9,%- t�la « by - � eniy-as-felbws:• .-AN-0R91NANE€-4F THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE 716, LAND DEVELOPMENT REGULATIONS, ASAMENDED; AMENDING SECfiioN7V-152PLAMWNG BOARD-p 1WERS # AND DUTIES TO DELETE PARAGRAPH (5) SITE PLANS AND PARAGRAPH (6) TEMPORARY USEPERMIT5,•_ PROVIDING FOR -CONFLICTS AND�EVERABICIT y, Pj?0V117jNG FOR -AA _ EFFECTIVE DATE." - 2a) Council Member movedtoapnmvelh #irst reading of proposed Ordinance No. 996; seconded by Council Member Discussion. _ 1 I I _ c Vote on motion. TE YEA NAY ABSTAIN ABSENT K X JAMS RKHAM _ TFORD - ___ L ILLIAMS TION: DENIED/ RIE Page -16- Request for a "No Wake Zone" on Taylor Creek North of the SR 70 Bridge - Arthur J. Kay (Exhibit 9). 1-7 OJk-A,). ��. AAA ;Vte on motion. TE YEA NAY ABSTAIN ABSENT 94, IRK X WILLIAMS - ORKHAM V�ATFORD L �WILLIAMS NOTION: DENIED/CARRIED. Pak All OLID �,/.�,�� Page -18- 4fi. Council Member�A_moved to approve a request for twenty percent i reduction in parking, submitted by -Steven Dobbs; P.E. on behalf of property owners David and Judy H ster - City Planning Consultant (Exhibit 11); seconded by Council Member is i � C 1 ✓� ti VV r i I t ij 1 I _ to on motion. TE YEA NAY ABSTAIN ABSENT M_lo, X tWTFORD - WILLIAMS S- KHAM - -L WILUAMS _ MOTION: DENIED/ A13RIED A II Page -19- H. Council Member tLmoved to approve the 2007-2008 millage calendar, and reschedule the September 2007 regular City Council meeting dates to September 5 and September 19, 2007 - City Administrator (Exhibit 12); seconded by Council Member / ' Illote on motion. VOTE YEA NAY ABSTAIN ABSENT Il4lIRK X WILLIAMS ARKHAM ,VATFORD Lr WILLIAMS LOTION: DENIE ARRIED. Page -21- J.' Council Member moved to approve the Muscular Dystrophy Association (MDA) Boot Drive at the intersection of SR 70 and Hwy 441on Au u 17 -18, 2007 and August 24 - 25, 2007 -Glenn Hodges; seconded by Council Member leaa Aa. 41yz� - el�6 Ai a�Jgly wmt,-� ,da6&� on motion. YEA NAY ABSTAIN ABSENT X WILLIAMS RKHAM TFORD 4 WILLIAMS *RRIE OTION: DENIE d Eil l MAYOR &FORD�DJOURNED THE MEETING AT %U% P.M. j AFFID"I" OF PUBLISHER OKEECHOBEE TIMES 106 S.E. 5th St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEf : Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee Times, a newspaper publishe(' weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a Notice of Cancelled City Council Meeting PO #013383 in the matter of it of Okeechobee City of Okeechobee 55 SE Third Avenue Okeechobee FL 34974-2932 In the Court, was published in said newspaper in the issues of 07/12/2007 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 class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. James A. Hughes, Jr., (Publisher) Sworn to and subscribed before me this I .�," V Jay of �� x,u A.D. 2007 ROSealee A. Brennan (SEAL) Notary Public �" 'h Commssion#DD318483 Expires: Jun 25, 2009 "FOF Fvs�� Bonded Thin ktlaniic Bonding Co., Inc. CANCELLED CITY COUNCIL MEETING NOTICE NOTICE IS HEREBY GIVEN that the July 17, 2007 City of Okeechobee City Council has been cancelled. The next regularly scheduled nieettng will he on Tuesday. August 7, 2007. 6:00 p it. City Hall, 55 SE trd Ave, Rut 200, Okeechobee, Florida The public i., 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 per' in desires to appeal any decision made by the City Council with respect to any matter considered at this nieeting, such interested person will need a record of the Proceedings, and fur 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 to he based. City Clerk Media is for the sale purpose of back- up fbr official records of the Clerk. In accordance with the Americans, with Disabilities Act (ADA) and Florida Statute 286.26, persons wish disabilities needing special acconuEattladon to participate in this proceeding should contact Lane Gantiotea, no later than two (2) working days prior to the proceeding at 863-763-3372 x 214: if you are hearing or voice unpaired, call TDD 14W222-3448 (voice) or 1-888-447-5620 (TTY). by: Janes E Kirk, Mayor Lane Gumiotea, CMC, City Clerk Publish: 07/122007 Okaechift. Times ------------------- ------------------ AFFIDAVIT OF PUBLISHER OKEECHOBEE TIMES 106 S.E. 5th St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a Notice of City Courcil Meeting PO #013391 in the matter of City of Okeechobee City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974-2932 In the Court, was published in said newspaper in the issues of 08/02/2007 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 class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Jamesa. Hughes, Jr., (Publisher) Sworn to and subscribed before me this Z day of A.D. 2007 (SEAL) Notary Public CITY COUNCIL MEETING NOTICE NOTICE IS HEREBY GIVEN that the City Council of tfr� City of Okeechobee will - meet in Regular Session on Tuesday, August 7, 2007, 6:00 p.m. at City Hall, 55 SE 3r1 Ave, R. 200, Okeechobee, Florida The public is invited and encouraged in attend. For a copy of the agenda contact City Administration at (863) 763-3372 s 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 he bawl. City Clerk Media is for the snle purpose of back- 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 acconvmwlation to participate in this proceeding should contact Lane Gamimea, no later than two (2) working days prior to the proceeding at 863-763-3372 s 214; if you are heating or voice impaired, call TDD 1-800-222-3448 (voice) or 1-888-447-5620 (TTY). by: James E. Kirk; Muyor Lan, Gamiotcu, CMC, City Clerk Publish: 08/022007 Okeee hot —Tune, Y � wrm,,aiee A. _Brennan r'ommission #DD318483 Expires: Jun 25, 2008 r, . t... Bonded Thru r [lartic Bonding Co., Inc. CITY OF OKEECHOBEE AUGUST 7, 2007 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA CALL TO ORDER - Mayor: August 7, 2007 City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation Pastor Randy Huckabee, First Baptist; Pledge of Allegiance led by Mayor. 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 - Mayor. A. Proclaim the month of August 2007 as "Fire Fighter Appreciation Month." PAGE 10F 6 V. VI. VII. AuGusT 7, 2007 PAGE 2 OF 6 MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the July 3, 2007 regular meeting. WARRANT REGISTER - City Administrator. A. Motion to approve the May 2007 Warrant Register. General Fund CDBG Fund Public Facilities $463,736.81 $260,466.00 $ 353.32 B. Motion to approve the amended June 2007 Warrant Register, General Fund $456,054.79 Public Facilities Fund $ 24,888.60 CDBG Fund $158,069.31 AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only proposed Ordinance No. 987 regarding Future Land Use Map Amendment Petition No. 07-011-SSA, submitted by Muhammad Noorudin on behalf of property owners Donald and Mary Ilgen, allowing an assisted living facility within a Residential Multiple Family (RMF) Zoning District located at 103 NE 11' Street, Lots 18 and 19 of Block 18, City of Okeechobee Subdivision - City Planning Consultant (Exhibit 1) Planning Board is recommending approval. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 987 by title only. 2.a) Motion to adopt Ordinance No. 987. AuGusT 7, 2007 PAGE 3 OF 6 Vill. PUBIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A.2.b) Public discussion and comments. c) Vote on motion. B.1.a) Motion to read by title only proposed Ordinance No. 991 regarding Future Land Use Map Amendment Petition No. 07-010-SSA, submitted by Brad Goodbread on behalf of property owners G-4 Land & Cattle Co. and George A. Goodbread, changing Lots 1, 2 ,3, and 4 of Block 2, Royal Oaks Addition from Single Family (SF) to Commercial (C) - City Planning Consultant (Exhibit 2) Planning Board is recommending denial. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 991 by title only. 2.a) Motion to adopt Ordinance No. 991. b) Public discussion and comments. c) Vote on motion. C.1.a) Motion to read by title only proposed Ordinance No. 992 regarding Rezoning Petition No. 07-008-R, submitted by Steve Dobbs on behalf of property owners InSite Development Group, LLC and D. Curtis Lundberg, changing Lots 1 through 6, Block 11, Lots 1 through 26, Block 12, Lots 1 through 26, Block 21, and Lots 1 through 6, Block 22, City of Okeechobee Subdivision from Residential Single Family -One (RSF-1) to Residential Multiple Family (RMF) - City Planning Consultant (Exhibit 3) Planning Board is recommending approval. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 992 by title only. 2.a) Motion to adopt Ordinance No. 992. b) Public comments and discussion. c) Vote on motion. AUGUST 7, 2007 PAGE 4 OF 6 Vlll. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. DA.a) Motion to read by title only proposed Ordinance No. 993 regarding Rezoning Petition No. 07-009-R, submitted by Brad Goodbread on behalf of property owners G-4 Land & Cattle Co. and George Goodbread, changing Lots 1, 2, 3, and 4, Block 2, Royal Oaks Addition from Single Family (SF) to Light Commercial (CLT) - City Planning Consultant (Exhibit 4) Planning Board is recommending denial. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 993 by title only. 2.a) Motion to adopt Ordinance No. 993. b) Public comments and discussion. 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 21, 2007 for proposed Ordinance No. 988, regarding Rezoning Petition No. 07-010- R, submitted by Vikki Aaron on behalf of property owner Ronald Celli, changing Lot 1 and the East ten feet of Lot 2, and the West one-half of Southeast 41h Avenue adjacent to Lot 1, Block L, Central Park Subdivision from Residential Mobile Home (RMH) to Residential Single Family -One (RSF-1) - City Planning Consultant (Exhibit 5) Planning Board is recommending appmvah &.tL�'4, b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 988 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 988. b) Discussion. c) Vote on motion. AUGUST 7, 2007 PAGE 5 of 6 IX. NEW BUSINESS CONTINUED. B.1.a) Motion to read by title only and set final public hearing date for August 21, 2007 for proposed Ordinance No. 994, amending Code Book Chapter 90, Division 5, Signs Regulations - City Attorney (Exhibit 6) Planning Board is recommending approval with modifications. b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 994 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 994. b) Discussion. c) Vote on motion. C.1.a) Motion to read by title only and set August 21, 2007 as a final public hearing date for proposed Ordinance No. 995 amending Code Book Chapter 70, Section 338 changing the number of days an application can be resubmitted for the same property following denial, from 60 to 365 - City Attorney (Exhibit 7) 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. 995 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 995. b) Discussion. c) Vote on motion. D.1.a) Motion to read by title only and set August 21, 2007 as a final public hearing date for proposed Ordinance No. 996 amending Code Book Chapter 70, Section 152, Powers and Duties of the Planning Board, to delete approving Site Plans and Temporary Use Permits - City Attorney (Exhibit 8) Planning Board is recommending approval. b) Vote on motion to read by title only and set final public hearing date. AuGusT 7, 2007 PAGE 6 OF 6 IX. NEW BUSINESS CONTINUED. DA.c) City Attorney to read proposed Ordinance No. 996 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 996. b) Discussion. c) Vote on motion. E. Request for a "No Wake Zone" on Taylor Creek North of the SR 70 Bridge - Arthur J. Kay (Exhibit 9). F. Motion to approve a bid proposal for a tractor/mower - City Administrator (Exhibit 10). G. Motion to approve a request for twenty percent reduction in parking, submitted by Steven Dobbs, P.E. on behalf of property owners David and Judy Hester - City Planning Consultant (Exhibit 11). H. Motion to approve the 2007-2008 millage calendar, and reschedule the September 2007 regular City Council meeting dates to September 5 and September 19, 2007 - City Administrator (Exhibit 12). Battlefield of Okeechobee update - Councilman Watford. J. Motion to approve the Muscular Dystrophy Association (MDA) Boot Drive at the intersection of SR 70 and Hwy 441on August 17 -18, 2007 and August 24 - 25, 2007 - Glenn Hodges. 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. .... �L 41 .., Office of the Mayor . 411 h EAS, fighting fires is one of the most hazardous professions, requiring physical strength;.` k extensive training, courage, and self -concern for the welfare of our citizens; and', _ + r H REAS, in addition to their daily service to communities Fire Fighters throughout the state and ac ' a nation have joined the Muscular Dystrophy Association for the past forty-five years in tRL against neuromuscular diseases; and ` 11111EREAS, City, of Okeechobee Fire Fighters collected a record breaking $18,372 throughoui,,t , y community with their 2006 "Fill the Boot" campaign for MDA; and {;:WHEREAS, the Muscular Dystrophy Association is extremely grateful to the City of Okeechobee Fire Fighters fortheir support and dedication; and WHEREAS, the funds collected by the City of Okeechobee Fire Fighters assist MDA in providing. medical F services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families; and M WHEREAS, in honor of the efforts of the City of Okeechobee Fire Fighters, the Muscular Dystrophy Association is sponsoring City of Okeechobee Fire Fighter Appreciation Month; and WHEREAS, it is appropriate for all City of Okeechobee citizens to join the Muscular Dystrophy.Assoeiation ' in this tribute to our Fire Fighters. NOW THEREFORE, I, Dowling R. Watford, Jr., by virtue of the authority vested in me as'Mayoe:pio — Tempore of the City of Okeechobee, do hereby proclaim the month of August 2007 as ."City of Okeechobee Fire FighterAppreciation Month"and commend City of Okeechobee Fire Fig4ters for their efforts on behalf of the Muscular Dystrophy Association. <: In witness whereof l have liereuMd+ ' hand and caused this s to b� ' ar.- — f Al- Dowling R. Watford, Jr., Major Flpo Temp s. ,'� . ��-� • . Attest: � .. Lane4bafhiotea,_ I ($' Date Au • , }s .�?s�a�i;��"n.�"��•_eii :, ,h-..:Ic, :� '<'1"'4.:..:s.,z�i�.�7,�..�.-"A�Kb'�tv.�9� � ;1. AUG 7 AGENDA -FINAL PH - EXHIBIT Na. I_ ORDINANCE NO. 987 AN ORDINANCE OFTHE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM COMMERCIAL (C) TO MULTI -FAMILY (MF); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 07-011-SSA), submitted by Muhammad Nooruddin on behalf of property owner(s) Donald and Mary Ilgen, for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Planning Board at a duly advertised meeting held on July 19, 2007, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Planning Board that the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, that: SECTION 1. SHORT TITLE. This Ordinance shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. The following described land consisting of approximately 0.488 acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 07-011-SSA, from "_111P_rk_V011ai to Multi -Family. The Legal Description of Subject Property is as follows: Page 1 of 2 LOTS 17 THROUGH 19 OF BLOCK 18, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994," which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 987 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 7T" day of August, 2007. ATTEST: Lane Gamiotea, CIVIC, City Clerk ADOPTED after first reading on the 71h day of August, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 JULY 19, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS -PAGE 2 OF 7 IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. III Chairperson Ledferd asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? There were none. V. OPEN PUBLIC HEARING - Chairperson. III CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:00 P. M. A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-011-SSA, submitted by Muhammad Application No. 07-011-SSA, submitted by Muhammad Nooruddin on behalf of Nooruddin behalf of property owners Donald and Mary Ilgen. The application is to change the Future Land Use designation from property owners Donald and Ma Ilgen. The application is to change the Future Single Fa Multi -Family (MF) for property located at 103 Northeast 11 `h Street. Legal description: Lots 18 and 19 of Block Land Use designation from Single a - to Multi -Family (MF) for property 18, City of Okeechobee Subdivision, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida and is located at 103 Northeast 11 Street. Legal description: Lots 18 and 19 of Block approximately 0.488 acre(s) 18, City of Okeechobee Subdivision, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida and is approximately 0.488 acre(s) - Mr. Brisson representing LaRue Planning and Management presented the Planning Staff recommendation. He stated the Staff Planning Consultant. recommends approval citing compatibility with the surrounding area with no problems with potential facilities. He went on to report that this is a very good location due to the nearness of the hospital and Health Care Facility. Board Member Juarez announced that he was abstaining from voting due to owning property in the surrounding area. Chairperson Ledferd asked whether there were any questions from the Board or the citizens. There were none. Board Member Burroughs moved to find Comprehensive Plan Map Amendment Application No. 07-011-SSA consistent with the Comprehensive Plan, and recommend approval to City Council; seconded by Vice Chair Hoover. VOTE LEDFERD-YEA HOOVER -YEA KELLER-YEA MCCOY-ABSENT BURROUGHS-YEA JOHNS -YEA JUAREZ-ABSTAINING MAXWELL-YEA O'CONNOR -NON VOTING MOTION CARRIED. B. Consider Rezoning Petition No. 07-010-R submitted by Vikki Aaron on behalf of Consider Rezoning Petition No. 07-010-R submitted by Vikki Aaron on behalf of property owner Ronald Celli to change the zoning property owner Ronald Celli to change the zoning designation from Residential designation from Residential Mobile Home (RMH) to Residential Single Family -One (RSF-1) for property located at 314 Southeast 71h Mobile Home (RMH) to Residential Single Family -One (RSF-1) for property Street. Legal description: Lot 1 and the East ten feet of Lot 2 of Block L, also the West one-half of Hiwassee Street, now Southeast located at 314 Southeast 7'h Street. Legal description: Lot 1 and the East ten 4`h Avenue, lying East of and adjacent to Lot 1, Block L, Central Park Subdivision as recorded in Plat Book 2, Page 39, Public Records feet of Lot 2 of Block L, also the West one-half of Hiwassee Street, now of Okeechobee County, and is approximately 0.311 acre(s) Southeast 4m Avenue, lying East of and adjacent to Lot 1, Block L, Central Park Subdivision as recorded in Plat Book 2, Page 39, Public Records of Okeechobee Mr. Brisson presented the LaRue Planning Staff recommendation for denial based on the fact that this lot would be in the middle of the County, and is approximately 0.311 acre(s) - Planning Consultant. RMH Zoning and if something were to happen to the home, a mobile home could not be moved onto the lot. JULY 19. 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 3 OF 7 V. PUBLIC HEARING CONTINUED. B. Consider Rezoning Petition No. 07-010-R continued. QUASI-JUDICIAL C. Consider a Special Exception Petition No. 07-006-SE to allow an assisted living facility within a Residential Multiple Family (RMF) Zoning District (ref. Code Book Sec. 90-193(12)) submitted by Muhammad Nooruddin on behalf of property owners Donald and Mary Ilgen. The subject property is located at 103 Northeast 11th Street. Legal description: Lots 18 and 19 of Block 18, City of Okeechobee Subdivision, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County and is approximately 0.488 acre(s) - Planning Consultant. The best solution would be to deny the petition and amend the LDR's (ref. Sec. 90-162) to allow single family homes within a RMH Zoning District. Board Member Maxwell asked whether all mobile home parks have deed restrictions? Mr. Brisson suggested that the lot size be matched to other single family home lot sizes. Board Member Maxwell stated that since a single family home was not listed as a permitted use, but not listed as a non permitted use, could a single family home be constructed on the lot in question? Mr. Brisson replied that would not be a good answer and could possibly create problems in the future allowing that thinking. Ms. Vikki Aaron spoke, representing the property owner, Mr Celli. She stated that this area is a mobile home subdivision, not a mobile home park. Chair Ledferd asked whether there were further questions from the board or the citizens. There were none. Board Member Maxwell moved to find Rezoning Petition No. 07-010-13 inconsistent with the Comprehensive Plan, and recommend denial to City Council on the basis of amending the LDR's, (ref. Sec. 90-162) to allow single family homes within a Residential Mobile Home (RMH) Zoning District; seconded by Vice Chair Hoover. LEDFERD-YEA HOOVER -YEA KELLER-YEA BURROUGHS-YEA JOHNS -YEA JUAREZ-YEA O'CONNOR -NON VOTING MOTION CARRIED. MCCOY -ABSENT MAXWELL - YEA Consider a Special Exception Petition No. 07-006-SE to allow an assisted living facility within a Residential Multi -Family (RMF) Zoning District (ref. Code Book Sec. 90-193(12)) submitted by Muhammad Nooruddin on behalf of property owners Donald and Mary Ilgen. The subject property is located at 103 Northeast 11`h Street. Legal description: Lots 18 and 19 of Block 18 City of Okeechobee Subdivision, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County and is approximately 0.488 acre(s). Mr. Brisson presented the approval recommendation for the petition based on the consistency with the Comprehensive Plan and the surrounding property. He also stated there were no density issues. Chair Ledferd inquired whether this was the same as a group home? Mr. Brisson replied it was not. Vice Chair Hoover asked whether this was an allowed use? Mr. Brisson answered yes. He further went on to state that this is an ideal neighborhood for an assisted living facility. Dr. Saaed Kahn spoke on behalf of Muhammad Nooruddin. Dr. Kahn reported that they have been researching this use for more than a year. The community has a real need for assisted living in Okeechobee. Currently there are no such facilities available. He reported that to find such a facility you had to go to the Coast. City of Okeechobee General Services Deparimnt ' ` 55 S.E. 3" Avenue, Room 101 Okeechobee, Florida 34974-2903 . Phone: (863) 763-3372, ext. 218 Fax: (863)163-1686 Date. ( Petition No. a _ S� Fee raid: Jurisdiction. 1stHearing: 2ndHearing: ,� Publication Dates: Notices Mailed Comprehensive Plan Map Amendment Application Please Check One: _ Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) Name of property owner(s): -j- e n/ -P n AAA IPPYL A : Owner mailingaddress: .iN 37 p Name of applicant(s) if other than owner (state"relationship): P)= -jC Applicant mailing address: -A -N < T Name of contact person (state relationship): J41kvj-C -- Contact person daytime hone(s): 6 7 ?j Fax: "7 3 - �I 1 inpenN addTt-ss directions to mperty Parcel ldeFill lication \ornber-- 5 ' > - ' ` ` C c / 7 �• Size of the Property (m acres): _ q �} . Current Zoning Designation- fy)14' P R Current Future Land Use Designation: O Existing Use of the Property: E. Proposed Future Land Use Designation: , R ;T Proposed Use of the Property: t Description of Surrounding Properties: - �'''"� ?✓'`�"� Legal Description of the Property (Lengthy Description May be Attached): C4 ,t� 4%, III e C,- `' L-E) 6 / 7, 1 P Zvy( ) r7 , h' L ©a,-- ) b - , Uniform Land Use Application (rev 12;03) Page l of 2 5 Survey of Property (I 1" x 14", 20" Scale) Letter Outlining Request Notarized Letter of Owner's Authorization Application Fee (non-refundable) II City Location Map �/ _ _- : Confirmahap of Znis�armaf.�on Accur�ey = ; _ _ I hereby certify that the information in this application is correct. The information included, in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. F ia'i t4 Signs e Printed Name Date i inifonn rand Use Application nev 12/03) Page 2 of 2 TO: City of Okccchobee R--: Comprehensive plan amendment application I ROM; Donald W_ & Mary A_ 11gen Date 6-14-07 I hure by give my consent for Muhammed Noorudden, managing member of AMSA Holdings, LLC to represent me in the matter of Comprehensive plan Amendment application for the property 104 N. W. 1 l `h Street Okeechobee, FJ Donald W_ Ilgen _` W �•� Date r /d Maly A. Ilgen Date 1'otary Pnblic ��i F�i:ctlC�S Datc �l\`\1ltltltl�!`� MY COMMISSION EXPIRES FEB. 4, 2008 ``.o�.{.. N1.. STAT ':Q! E ( • OF N : TENNESSEE : NOTARY ,P. PUBLIC `jlfiFltttl\`� r VUIl UUI Rx Date/Time JUN-18-2007(MON) 16:19 PAU FILE NUM 200SOOSS42 OR BK 0:05!5-2p PG 0603 CK MS INSTRUMENT PRPPAKEDByp.NDREMr&To- OCEECHMME�fY� Fi. 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FLO=A. 4iwt t0 Ss eaanountr.rd4Y��aAd:'.rraCoa.oteuora..Da�eeforehDynr2DDJoad TO , -with all Mr. ftmmswm, aad apytatcaeom them bolo4ikt or in wywia. Bpp,,;,Ma& TO -AV= ALA TO BotA tilt ttmp AND, dt V=wm bweby eovrram with said -fit that me 9aptert uv LwlWly lttLOd Of uFp ynd !4 fav ba» good t �t eod 1smfW a m xll and coov said dmPl� met wdll dcJi:na tba sanfD AP(M the 1—W c1a� aD —h �� °M• l d i. c . dtic a nW lm¢ and � aDd that saUt 2�d u Hoc of a!N eanetn4[a�es, ""� g�T ac��6 mtua4uau to Braa>D� 3 T_ 2DOC Rd wj'('N'ESS ARMY, the said g2aro.i have c gn, end _,b l lb,_ Fro" ^ cbc d-Y Xna YOU Mac kbov» �Tin,O S� ad, icalri` aqd delivered in tilt praseocc afl Wtrnett dl Sk AMArdeon FXAX vY Warm at3r= "Wiate�s SiptaDaa Nif�.G� ��"`�"'�Il W�Dn:az'prUc�d��h --- ,uaaa�xil NTATZ OF MOMA CO@f1Y OF OT�LBOBx$ . TAe fWagoinB iulftm= wac Qcl=clwkdKed berm= me this I7th dtpr aYMarck 2005 by T-WJT $ Richwd,= Bad Linda L Rialtetdsoo who arb pn=n y 8aowo to me or Lave produce ae idwfi6eaifoD. ryWANMFVK4TFQPZ4a=N NtrmgrMk to twtAr RA Mr wATMI�MToM W Comminion Ecpker PtiDtce Tit y ntaw etc No; DS•S7.a i i a i acxson greet, guile /uo Fort Myers, Florida 33901-2845, Phone: 239-334-3366 Fax: 239-334-6384 Staff Report - Small Scale Comprehensive Plan Amendment Prepared for.- The city of Okeechobee Applicant- Muhammad Nooruddin Petition No. 07-011-SSA Staff Report Applicant: Muhammad Nooruddin Small -Scale Comprehensive Plan Amendment Petition No.: 07-011-SSA I✓b;�u�.. Y. R1. d - m 0 ® � y�A� � � ff m ;��F✓d, tz, , �.,��=.�n @@II��y=•e ..`ill_�Y��4 Location: 104 NE 11th Street Legal Description_ Lots 17, 18 & 19, Block 18, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5 of the Public Records of Okeechobee County, Florida. The matter for consideration is an application for a Future Land Use Map Amendment from Commercial to Multi -Family Residential. Based on the size of the property, (0.488 acres), this application qualifies under Chapter 163, F.S. as a Small Scale Amendment to the Comprehensive Plan. Staff Report Applicant: Muhammad Nooruddin Small -Scale Comprehensive Plan Amendment Petition No.: 07-011-SSA Rim N a There is presently a single-family home on the property. The applicant is proposing to purchase this property from its current owner and develop a two-story, 30-40 bed, assisted living facility. While the subject property is zoned RMF, this is in conflict with the Commercial designation on the Future Land Use Map. The requested change to a Multi -Family land use designation will eliminate the inconsistency between the zoning and Future Land Use designations. The proposed use and RMF zoning are consistent with the surrounding pattern of zoning and existing land use. The property is located in a partially developed residential area east lying east of the alley behind the commercial uses fronting along U.S. 441. Except for the commercial zoning along U.S. 441, the most the immediately surrounding area is zoned for multi -family residential uses and existing development consists largely of scattered multi -family structures. An assisted living facility is allowed by special exception in the RMF zoning district. In the event the owner were to develop a multi -family residential use rather than an assisted living facility, the allowable density of 10 units per acre will permit up to four multi -family residential units. Comprehensive A. Consistency with the Land Use Categories and Plan Policies. The applicant's request is consistent with the Multi -Family Residential Future Land Use category as described in the Comprehensive Plan- B. Concurrency of Adequate Public Facilities Adequate public facilities would be available to the property. However, potential traffic impacts have not been demonstrated. There will certainly be somewhat more traffic generated by an assisted living facility or by four multi -family uses than is presently associated with the exiting single-family home. However, it is not likely that the assisted living facility, or four multi -family residential units, would generate more traffic than would be expected of commercial uses expected under the current Commercial Future Land Use classification. C. Compatibility with Adjacent and Nearby Land Uses The Multi -Family Residential Future Land Use category and the proposed assisted living facility would be compatible with the adjacent uses. This surrounding neighborhood is comprised of a mix of uses including office buildings, multi -family dwellings, and single family dwellings. This facility would be well suited to this neighborhood. Staff Report Applicant: Muhammad Nooruddin Small -Scale Comprehensive Plan Amendment Petition No.: 07-011-SSA D. Compliance with Specific Standards of the Plan. This request is in compliance with the Comprehensive Plan and will eliminate a conflict between the Future Land Use Map and current zoning. Analysis and Conclusions Based on the foregoing analysis, staff recommends approval of the applicant's request to amend the Future Land Use Map from Commercial to Multi -Family Residential. include PDF aerial of property Include Zoning map Include Future Land Use Map Submitted by: James G. LaRue, AICP July 9, 2007 Staff Report Applicant: Muhammad Nooruddin Small -Scale Comprehensive Plan Amendment Petition No.: 07-011 -SSA I Future Land Use: Commercial to Multi -family Subject Property — From Commercial to Multi -Family Staff Report Applicant: Muhammad Nooruddin Small -Scale Comprehensive Plan Amendment Petition No.: 07-011-SSA Zoning Map Subject Prope DESCRIPTION: LOTS 18 & 19 OF BLOCK 18 OF THE PLAT OF OKEECHOBEE AS RECORDED IN PLAT BOOK 1, PAGE 10 AND PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE OF OKEECHOBEE COUNTY, FLORIDA ADDRESS: 104 NW 11 th STREET i— F.I.R.M. ZONE: PARCEL LIES WITHIN THE CITY LIMITS OF OKEECHOBEE 0 FLOOD ZONES HAVE NOT BEEN DETERMINED iN THIS AREA 1 inch = 30 ft. zz GRAPHIC SCALE 30 0 15 30 LOT 10 LOT 9 LOT 8 LOT 13 47.8' PLAT 47.8' PLAT 47,W PLAT 15' 15' ALLEYWAY N 89*57'23' W 47.53' N 89'57'2 " W 95.06' ND IRC H SOVE ET IRC (TWP g PEAT SET IRC ( 47 5? PLAT t;y FND IRC (HOOVER) a 4' CHAINLINK FENCE m ( a c LOT 14 ; LOT 18 I LOT 19 I� BLOCK 18 TYPICAL WOOD OWER POLE g g o LOT 17 0 15 z'' LOT 20 LOT 15 I OL G 2 " PORCH SCR PORCH PORCH O I W ' .s OFENCE QVIN 2# ►*i M RESIDENCE fr1 LTI�► N N 01 z O O zz.3 00 w iN Y I U x I ' LOT 16 CONC. ENCROACHES 5.1� I H g 9 I� z z ONC DRIVEWAY M 'r c. o I — PND IRC (HOOVER 47.5' PLAT �' 47.W PLAT VT IRC (TWPS SET IRC (TWPS CONC. EN OACHES 4.3' $89*581120E 47.53' N 89'58'12" 95.06' E_� E/P E/P E/P z E/P E/P NE 11 th STREET 70' R/W d/3 E/P d/3 d/3 d/3 41/3 --- 1 HEREBY CERTIFY, based on my knowledge and information, that the plat hereon represents an accurate field survey performed under my responsible charge and further certify that it 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. There are no apparent encroachments or uses except as shown. 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 and is not covered by professional liability insurance. 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 a Florida licensed surveyor and mapper. PREPARED FOR TILE EXCLUSIVE USE OF: DESCRIPTION DATE BY CK LAMY HARBOR EFFOER& SANNGN BAW BOUNDARY SURVEY 05/20/99 KB KAB GHEE-TAN11 1111E INSURANCE COMPANY, INC. 11COR TILE INSUR1 M COMPANY RRST AMERICAN TM.E & INSURANCE COMPANY UNnM GENERAL MnE INSURANCE COMPANY DESCRIPTION REFERENCE: Provided by ,Client's Representive FB/PG: 29/11-12 SCALE: 1" = 30' BEARING REFERENCE: South line of Block 18 assumed N89'58'12"E FILE: 13347 JOB NO. 13347 LEGEND O—Set Iron Rod and Cap (TWPS LB 6719) 0—Found CM *—Found Iron Rod (and Cap) O —Found Pipe (and Cap) ABBREVIATIONS It -Baseline; BM -Benchmark; q-Centarline; C-Calculated; CATV-Cable TV, Ckl— Concrete Monument; CONC-Concrete; D=Deed; A-Daltd. or Central Angle; E—East; E'LY®Easterly, E/P-Edge of Pavement; ESMT—Easament; F.I.R.M.-Flood Insurance Rate Map; FND—Found: IP-Iron Pipe; IRr9c(C)-Iron Rod (and 113 Cap); L-(Ara) Length; M—Measured; MH—Manhole; N—North; N'LY-Northerly, NGV(D)—National Geodetic Vertical (Datum) of 1929; NTS-Not to Scale; OHW-Overhead Wires; it —Property Line; P-Plat; PC -Point of Curvature; PCC-Point of Compound Curvature; PCP - Permanent Control Point; POB-Point of Beginning; POC—Point of Commencement; PRC—Point of Reverse Curvature PRM-Permanent Reference Monument; PT -Point of Tongenc y,, PU&D—Public Utllitiy and Drainage; R—Radlur, R/W-Right—of—Way, S=South; S%Y=Southerly, T=Tong�TEL=Telephone Spike or Switch Bm5 W=West; WILY-Westerly,—Utility(las); Spot Elevation based on Indicated Datum. 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- men,t7ing a l D 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 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. Sworp to and subsoribee�foo}e me th s day%fi _ �L 1 A.D. 20 Notary Public, State of Florida at Large PUBLIC OORDe1101C PLEASE TAKE NOTICE tlnM the GRv Council Of the CRY Of Okeechobee, Florida `MB on Tuesday, August 7, 2007 at :00 p.m. a as soon t1weafbr o�sible at CRY Hal, 55 SE 3rd Ave., Okeediobm, R conduct a PUBLK: HEARING on and Unere otter to consider final uq of the b1owkq OrMrWU into law: M0 Ur AM ORDINANCE OF THE CttY OF OKEE�IMIBEE 1301�A AMEMDNIB 1FM CtfY OP CREMy gB �j MAP ON II CBITAp1NO. 635 f OF JAOAS BBYE PAIMCIMAIBY DESCRIBID FB91EB1 FROM SNWWU FAMILY (SFl TO tauur- TUf�YL�W 118EE NAP TIRE gpMpgBIE YE�PLIIN PROVIDING FOR AM EFFECTIVE DATE Plan FuNro Land Use Map The Ordksnce � Small Scale Comprehensive on behaR� property mmer(s)7Dore10 amend MarMF y aGggepMW"n. The request Is to me the Fueast n Lard Us` d�esgnaRm Latso18 and t9 of lock Wailed at 103 3 Olowl No Chobee Subdlvisial. Ali ouraged to Mid and parlicipidil In SM halift. (members of the oublC a _y bethe City '.dun regular a hours, hNr ffi, gym-4:pgn rOr�ttaho0days. desires toPLEASE TAKE NOTE AND BE ADVISED that R any parser appeal any decision made by IN City CouncR with respect to wry mane considered at this hearing,W� pow will need a racent of ft proceedW and tor such to ensures a verbatim record of Os proceadblis is made, which record based. City C� media are f sdthe i le papose otevidence fbaclmp a ftiwhich the �reeads oto ff the Clerk. In accordance with the Americans with Disability Act (ADA) and Ronda.SUOAes 286.26, persons with disabilities needing spec accommodation to participate in om proceedo should contact Lane Gamiote no later than two (2) working 447.5820 (ii�Qj Lane Gamiotea, CIVIC, CITY CLERK days prior to the proceed- inp at 863.763.3372 X215; it headnp a voice impaired, cal TDD 1-800.222-3448 (voice) a 1-866 447.5620 Gamiotea, CIVIC. CITY CLERK 224624 ON 7I27I07 .¢.s..+CONSTANCE L.HAWSE6s.io-... pinny... 1;Rvp�, Comm# DD0563848 -� 11 - Expires 6/14/2010 Florida Notary Assn., Inc, AUG 7 AGENDA -FINAL AN - EXN/8/T Na. ORDINANCE NO. 991 AN ORDINANCE OFTHE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 07-010-SSA), submitted by Brad Goodbread, on behalf of property owner(s) G4 Land & Cattle, Co, and George A. Goodbread, for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Planning Board at a duly advertised meeting held on June 21, 2007, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Planning Board that the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, that: SECTION 1. SHORT TITLE. This Ordinance shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. The following described land consisting of approximately 0.650 acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 07-010-SSA, from Single Family to Commercial. The Legal Description of Subject Property is as follows: Page 1 of 2 LOTS 1 THROUGH 4 OF BLOCK 2, ROYAL OAK ADDITION, AS RECORDED IN PLAT BOOK 1, PAGE 8, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994," which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 991 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 7th day of August, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the 7th day of August, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 21, 2007 PLANNING BOARD/BOARD OF - PAGE 2'OF 8 IV. AGENDA -Chairperson, A. Requests for the addition, deferral or withdrawal of items on today's agenda, V. OPEN PUBLIC HEARING - Chairperson, A, Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No, 07-004-SSA, submitted by Warren Snyder, Southeast Contractors & Engineer, Inc. on behalf of property owners Donald McBrayerand Marty Stevens. The application is to change the Future Land Use designation from Single Family (SF) to Multi -Family (MF) for property located at 1925 Southeast 9" Avenue. Legal description; parcel of land lying in and comprising of a portion of Section 27, Township 37 South, Range 35 East, Okeechobee County, Florida and is approximately 19.1 acre(s) - Planning Consultant, B. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No, 07-009•SSA, submitted by Vikki Aaron on behalf of property owner Mauro Tovar. The application is to change the Future Land Use designation from Single Family (SF) to Commercial (C) for property located at 701 Northeast 3rd Street. Legal description: Lots 7 through 12, Block 116, Okeechobee, according to the plat thereof, recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, and is approximately 1,03 acre(s) - Planning Consultant C. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07.010-SSA, submitted by Brad Goodbread on behalf of property owners G-4 Land & Cattle and George A. Goodbread. The application is to change the Future Land Use designation from Single Family (SF) to Commercial (C) for property located at 2104 Southwest 2nd Avenud' 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, Chairperson- Lodferd asked whether there were any requests for the addition, deferral or withdrawal of items on today'. agenda? Secretary Cement read a memorandum from Southeast Contractors requesting Application No. 07-004-SSA and Petition Noi07-003-R be deferred for review of Mixed Land Use and Planned Unit Development (PUD) Zoning. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:00 P. M. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-004-SSA, submitted oy Warren Snyder, P,esident of Southeast Contractors & Engineer, Inc. on behalf of property owners Donald McBrayer and Marty Step ons. The application is to change the Future Land Use designation from Single Family (SF) to Mufti -Family (MF) for property located at 1925 Southeast 9" Avenue. Legal description: a parcel of land lying in and comprising of a portion of Section 27, Township 37 SoA, Rangg_ 35 East. Okeechobee County, Florida and is approximately 19.1 acre(s). f . Southeas! f nriractors submitted a memorandum requesting deferral, r i. Con side� Cr nprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07=1 submitted by J ki Aaron on beha'! rnf ,;ropeny owner Mauro Tovar. The application is to change the Future Land Use designation from Single Fay (SF) to Commeraa� (C) for property located at 701 Northeast 3`d Street, Legal description: Lots 7 through 12, Block 116, Okeechobee, accord n,, !o the plat thereof, recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, and is approximately 1,03 acre's) Board Mem bar Burroughs moved to postpone Application No, 07-009-SSA to check with City AttomeyCookm1etter previously issued to the pros property owner; seconded by Alternate O'Connor, VOTE LEDFERD - YEA HOOVER -ABSENT KELLER-YEA MCCOY-ABSENT BURROUGHS-YEA JOHNS -YEA JUAREZ-ABSENT MAXWELL-YEA O'CONNOR • YEA MOTION CARRIED. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-011 submitted by Brad Goodbread on behalf of property owners G-4 Land & Cattle and George A. Goodbread. The application is to change the Future Land Use designation from Single Family (SF) to Commercial (C) for property located at 2104 Southwesfe Avenue. Legal description: Lots 1, 2, 3. an, 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 ac7"e(s tf f. f. JUNE 21, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 3 OF 8 AGENDA' n•,. �. ACf101 Y. ISk1s$16N' V. PUBLIC HEARING CONTINUED. C. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No, 07-010-SSA continued, Mr. Brisson. C•, Planning Consultant stated granting this land use change would not be compatible with the surrounding neighborhood. The existingLand Use categories, the existing Zoning Districts, and the existing uses of the surrounding area (north, south and west) are ai� compatible with each other. If granted, the commercial use would be incompatible with the adjacent uses and introduces the opportunity for future requests for conversion from Residential to Commercial on nearby properties. Based on this information, LaRue Planning Staff does not recommend this request for approval. Mr. Brisson reported that Mr. Goodbread submitted this same application January 2007. Chair Ledferd recalled that the Board stated at that time, a ,hough Southwest 2nd Avenue would eventually become commercial, due to no more available land on South Parrott Avenue, the arc use change was premature at this time. Board Member Burroughs replied that North of 17" Street there was a hop scotch of residential and commercial properties. He then inquired, whether the City could do an overlay of land uses on the current comprehensive map. Mr. Brisson answered yes, overtime. Chair Ledferc r erjected that if the land use was changed to commercial on this piece of property, there would be a pretty large area of commerc a� Board Member Maxwell asked when the map would be revised? Mr. Brisson replied in about a year, Mr, Brisson stated if you rezcne ro you are reacting not planning. Chair Ledford stated, if a parking lot had been put on Park Street we would not have the parking oroc em that currently exists, Mr. Brisson said as soon as the front side of the block goes commercial, the back side follows. Chair Ledferd s,ateo :he City could strongly hold to the commercial zoning on Southwest 2"d Avenue and not allow commercial zoning on Soutnwest Avenue, Board Memae, 0 Connor strongly stated that there was no commercial property south of Southwest 17`h Street. Mr, Goodbread told the Board ±^e r,;o words that are conspicuously absent here is Wal'Mart, that is one block away. Probably the most commercial corner in the enure c�,,n�y, at a controlled Intersection. Of the four lots we want to develop, three are vacant and the fourth has a house that was built it me 1930 s, which we are demolishing. No one would want to build a residential house on this property knowing that in the future this tans will eventually be rezoned commercial, so it sits there vacant until the powers that be states the future is here. Nobody looks at the fact that Wal"Mart is one block away with a controlled intersection. This controlled intersection seems like the place to start commercial G.9r Goodbread distributed a site plan of the proposed area. He stated that he has a gentleman that wishes to purchase the area, wit, ;ce parking area. To be able to use as much land on Parrott Avenue as possible, the four lots on Southwest 0d Avenue would be reeved for parking, This would be employee parking and overflow parking, The site plan shows a bank, retail and a restaurart w to carking on the four lots across the street. Chair Leoterc inquired whether reducing some of the detention ponds through exfiltratlon trenches would be possible? Mr. Dobbs replied yes ?o meet the water quality, this project would have to go through the South Florida Water Management District (SFWMD). Board Memoe, 3urrougns asked about the parking spaces required for the restaurant, since the change had been made previously to accommocate only the seating area for the customer's required parking. Board Member Maxwell affirmed, Board Member Burroughs then slates " parking spaces could be eliminated. NE 21, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 4-OF 8 V. PUBLIC HEARING CONTINUED, C. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07.010-SSA continued. Application will be forwarded in ordinance form fora final Public Hearing on August 7, 2007before City Council Consider Rezoning Petition No, 07.003-R submitted by Warren Snyder, President of Southeast Contractors & Engineer, Inc, on behalf of property owners Donald McBrayer and Marty Stevens to change the zoning designation from Residential Single Family -One (RSF-1) to Residential Multi -Family (RMF)) for property located at 1925 Southeast 9" Avenue, Legal description: a parcel of land lying in and comprising of a portion of Section 27, Township 37 South, Range 35 East, Okeechobee County, Florida and is approximately 19.1 acre(s) - Planning Consultant, E, Consider Rezoning Petition No. 07.007-R, submitted by Vikki Aaron on behalf of property owner Mauro Tovar to change the zoning designation from Residential Single Family -One (RSF-1) to Light Commercial (CLT) for property located at 701 Northeast 3`d Street. Legal description: Lots 7 through 12, Block 116, Okeechobee, according to the plat thereof, recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, and is approximately 1.03 acre(s) - Planning Consultant Chair Ledierd asked whether there were any citizens who would like to speak? Sherri Ritter, residing at 2301 Southwest 3�Avenue, said there are brand new homes behind the proposed parking lot. She inquired whether the parking lot would reduce the.; property values? Chair Ledferd replied that buffer walls would be required. She stated that she often walks on Southwest 2nd Avenue' because of uneven' s,dewalks on Td Avenue. She reported, flooding is also a concern. Edward S zemore, residing at 203 Southwest 21" Street, expressed concerned about the parking lot creating noise for surrounding neighbors. He stated he is opposed to the land use change. Chair Led!erc asked whether there were anymore question? There were none. Alternate O'Connor moved to find Comprehensive Plan Map Amendment Application No. 07-010-SSA inconsiste*with the Comprekens ve Plan, and recommend denial to City Council; seconded by Board Member Maxwell. LEDFERD-NAY HOOVER - ABSENT BURROUGHS-NAY JOHNS -YEA O'CONNOR - YEA MOTION CARRIED, KELLER-YEA MCCOY-ABSENT JUAREZ-ABSENT MAXWELL-YEA Application ,z<01 be forwarded in ordinance form for a final Public Hearing on August 7, 2007 before City Council. Conside r Rezoning Petition No. 07-003-R submitted by Warren Snyder, President of Southeast Contractors & Engineer, Inc.pn behalf of proe e rr; c rmers Donald McBrayer and Marty Stevens to change the zoning designation from Residential Single Family-On.Q (RSF-1) to Res,dc!h Multi -Family (RMF)) for property located at 1925 Southeast 9'h Avenue. Legal description: a parcel of land Iyi.Pg in and compr sru of a portion of Section 27, Township 37 South, Range 35 East, Okeechobee County, Florida and is approximately 19.1 acre(s? 4 Southeas' Contractors submitted a memorandum requesting deferral. Consider Pezon�ng Petition No. 07.007-R, submitted by Vikki Aaron on behalf of property owner Mauro Tovarto change the zoning designation from Residential Single Family -One (RSF-1) to Light Commercial (CLT) for property located at 701 Northeast 3'd Street. Legal desc otion Lots 7 through 12, Block 116, Okeechobee, according to the plat thereof, recorded in Plat Book 5, Page 5, Public Records cf Okeechobee County, Florida, and is approximately 1.03 acre(s). Board Member Burroughs moved to postpone Rezoning Petition No. 07.007-R associated with postponed Comprehensive Plan Small Scale Fur,j,e Land Use Map Amendment Application No. 07.009-SSA; seconded by Alternate O'Connor. City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 . Phone: (863) 763-3372, ext. 218 Fax: (863). 763-1686 Date: �� a -10`) Petition No.() Fee Paid: S00 , Jurisdiction:(Sj lstxeaFin . 2naHearing: . -° g ! . Publication Dates. - Notices Mailed: Comprehensive Plan Map Amendment Application Please Check One: _ Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) Name of property owner(s): d-CAVP-E Zgev A, A" p Owner mailing address: I Z5 7 }�w 7r7 C d 5 � /Z 35�i?Z. Name of applicant(s) if other than owner (state relationship):,R&D 'p I :C. Applicant mailing address: PP g P 25 5 1�-w ��C T N Name of contact person (state relationship):N Contact person daytime hone(s): ':(l03 — Cez3L/- Z 12-1 Fax: 4Lo [V-- IProrml-, addre�:�, directions to propetTv - --- -- ---_- f24-217- e�-=000z0- 0 3- Size of the Property (in acres): Current Zoning Designation: P R Current Future Land Use Designation: r) Cmd 1 L P Existing Use of the Property: ZS r V l Proposed Future Land Use Designation: e4� 0 CQAA Mt�, Ift .R T Proposed Use of the Property: L[(7t-{-t & jKp��cj,,� — 0 P6 Lo�'t- Y Description of Surrounding Properties: EST db1n1ntiZ cv) - toe--,T- (c = 5D U `j I+— ( -S 1 Legal Description of the Property (Lengthy Description May be Attached): LOTS iI Z, 3 -1--L4 , Qt-OC_A4 2, &`IA7-- 0"S Amnoj) �' � a Uniform Lane€ Use Application (rev. 12103) Page 1 of 2 Survey of Property (11" x 14", 20". Scale) t Letter Outlining Request. Notarized Letter of Owner's Authorization -%% Application Fee (ion -refundable) City Location Map I hereby certify that the information in this application is correct. The information included in this application is forby the City of Okeechobee in processing my request. False or b fine of to to $500 00 and imprisonment of up to 30 S may be punts a e y a p the summary denial of this application_ Printed Nam- Date Uniform Land Use Application (cc- 12/03) Page 2 of 2 F.ItE NUM 2044007758 OR BIG 00529 PG i891 Prated by and nftm t _ EAiARtllt RMWRTMNF CLERK ()F CIRCUIT CDURT JOHN D. at Law S, Jft OKEECHDBEE RECORDED 04CWl�4 09:20r08 AM CasselAttorney at Law RECOWI NG FEES 6. DO ' Cassels 8 McCall DEED OOC 385.00 . P.O. Box 968 400 NW Second Street RECORDED 38 6 heubtxn n Okeechobee, FL 34973 File No.: 1788 Parcel Identification No. 3-28-37-35-0060-00020-0010 SPace Above This Line For Recording Data? ��p�q,l Warranty Deed `�O s w (STATUTORY FORM - SEC nON 689.02, F.S.) This Indenture made this 28th day of April, 20D4 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 C-4 LAND & CATTLE COMP , a da corporation whose Okeechobee, FL 34974 of the n Post office address is 12575 Hwy. 70 East, ty Okeechobee, State of Florida, grantee', Witnesseth that said grantor, for in c 'deration of the sum of TEN AND NOl100 DOLLARS (S10.00) and other good and valuable considerati rantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargain I o the said grantee. and i g grantee's heirs and assigns forever, the following described land, situate. IY ng n keechobee County Florida, to -wit Lots 1 and 2, Block 2, ROYAL OAK D rding to the plat thereof recorded in Plat Book 1, 8, of the Public Records of Okeechobee Coun , ride. Page Subject to restrictions, reservations and e o record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. •'Grantor and "Grantee" are used for singutar or plural. as contett req_es In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above wntten Signed, sealed and delivered in our presence. State of Florida County of Okeechobee The foregoing rostrum t was aclmowled ed before me this 28th dayof A personally known or 7has produced L p > 2004 by NELLY ti L ICpR o U is idea ' tiorz (Notary Seal] No Printed Name: mptKfin I � ? Iry K&M gty ' =�1S�L� +F' Mr C—MIsron Do2118M MY Commission Expires: �aw EVkss July 11. 2DO7 G kr15 _°K0500 F1�`0684 Doculltt Uly StIlIMP Paid In ffte alnowd of Pat�Wlan9setuml4: 1'15 00 JOHN D. CASSELS. JR. Ch" C k Tat Pill M VIS Attorney at Law at* f3' C x f Cassels 3 McCall P.O. Box %a 400 MVP Second Street �d�� oA Okeechobee. FL 34973 t _ „ �[ . D.0 File No.: 912 uste: 5-d-� Parcel Identification No. 3-28.37J5.0060-00020'0030 f5pace Above This Line For Recording Datal Warranty Deed (STA7l ITORY FARM - Sf:Cll()N figg.U, F.SJ This Indenture trade this 28th day of April. 2003 Between FRANCES S. GOING, a single woman whose Post office address Is 4242 FAVORITE ROAD, Fort Pierce, FL 34981 of the County of Saint Lucie. State of Florida, grantor', and GEORGE A_ GOODBREAD. a single man whose post office address is 12575 Hwy.70 E. Okeechobee, FL 34972 of the County of Okeechobee. State of Florida, grantee, Witncsseth that said grantor. for and i ce other good and valuable consideration id g acknowledged. has granted, bargF . sold following described land. situate, LOTS 3 AND 4 OF BLOCK 2, ROAK ITIC IN PLAT BOOK 1, PAGE 8. PUBUC RECO OF This property does not constitute the Homestead Sub}ect to retractions reservations and ease en \ and said 9,anto, does hereby tulty warrant the tale to all persons whomsoever of the sum of TEN AND NO1100 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 KC bee CountyFlorida, to-witCORDING TO THE PLAT THEREOF RECORDED HOBEE COUNTY, FLORIDA- defend the same against lawtuk c12�ms of �y ` Yirartof arxt "G,eniee are u t coot" ,eQw,es In Witness Whereof. grantor has hereunto set grantors hand and seal the day and year first above written_ Signed• sealed and delivered in our Presence- uea FR.AN 1=ti i, GOING Is[ M!'ry v-Signaturc Y (- Ai'c)trNA -nr Rti I't W- --I'rimN:une FILED FOR RECORD OKEECHOBEE COUNT Y. FL A 2nd WV tun• 03 HAY � � Prr 2` 30 x tti 389699 and Witnrss-Print K:unr SHARON ROBERTSON CLERK Or CIRCUIT COURT stau-nt 4 fI C`L- ['ountc the forcg.vtnE in,tn,nu rrr �.a, ar1 n,+aiedEt t hrl:,rr roc thi, 'Sth daN of :\prat. '_tNai bq i'KAN(l5 G- GOING. �.Ix./Is a+idi nLL m. ,�1, an 1'uhlic - ItJntan gall QQ.t ( D Prat •J tiamr. _ _ . AI_ [-a.mmu,6ur Lupins: ft"Y��fa3 �+ ANA tMTHRO (' �.I. wCOrurt55roatrorYrna 1 EIIPIRES Wm,9.mr -i RvrO,C n,,,.aot.ryP.oK (�,t rn i I Okeechobee County Property Appraiser - Map Printed on 5/24/2007 2:47:24 PM Page 1 of 1 Okeechobee County Property Appraiser r, 79 1T 237 ft W.C. "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 -- —.-------- ----- , R' E ~ 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 12575 HWY 70 EAST ApprVal $68,600.00 Mail: a r: OKEECHOBEE, FL 34972 JustVal $68,600-00 a ' P. Sales Assd $68,600.00 4/28/2003 $25,000.00 V / O £ Info Exm t $0.00 p �.: Taxable $68,600.00 This information, Last Updated: 5/1812007, was derived from data which was compiled by the Okeechobee County Property Appraisers Office solely for the governmental purpose of property assessment- This information should not be relied upon by anyone as a determination of the ownership of property or market value- No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes- r ctgu 1 Ul 1 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 $82,473.00 Sales 4/28/2004 $55,000.00 (/ U Assd $82,473.00 Into 2/23/2004 $0.001 / U Exmpt $0.00 5/1/2001 $27,000.001 / Q Taxable $82.473.00 E 1 122 183 Ft 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 fife in the Property Appraiser's office The assessed values are NOT certified values and therefore are subject to change before being finalized for act valorem assessment purposes 1375 Jackson Street, Suite 206 : Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Staff Report -Small Scale Comprehensive Plan Amendment Prepared fog: The City of Okeechobee Applicant: Brad Goodbread Petition No. 07 010 SSA Staff Report Applicant: Brad Goodbread Small-Scale_Corrtprehensive Plan Amendment Petition No.: 07-010-SSA General Information Applicant Address: 12757 Highway 70 East Okeechobee, Florida 34972 Applicant Fax Number: 863-46-2900 Owner: G4 Land and Cattle EIAddre;50 Ni = Owner Phone Number: Same as above Location: 2104 SW 2"d 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 matter for consideration is an application for a Future Land Use Amendment from Single Family Residential to Commercial. Based on the size of the property, (0.650 acres), this application qualifies under Chapter 163, F.S. as a Small Scale Amendment to the Comprehensive Plan. In addition to this request, the applicant is also requesting a rezoning for the subject property from RSF-1 to CLT. • RIM• • • • • ti North: Future Lartd.Use Map Classification: Single Family Residential Zoning District: RSF-1 Existing`Land Use: Single Family Residence East: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Vacant Staff Report Applicant: Brad Goodbread Small -Scale Comprehensive Plan Amendment Petition No.: 07-010-SSA y� Y Zoning District: RufSF-1 Cri OF �� OF��. ,A��Wdnt �iL+$,�c .. . s fture.,and Us1Vap Clasaf�ci?��"�t'�1, Zoning District: RSF-1 Existing Land Use Fa li FRe �e �� ." .�'- . •`�`- _ : tk-.":E F dua�fi+N. eSsa-.. m'Lsrnxs v£. - .. � The applicant is requesting to amend the Future Land Use Map from Single Family to Commercial for the subject property. The current zoning for the property is RSF-1 and the applicant, in a separate request, would like the zoning changed to CLT. Lots 1 and 2 are currently developed with a single family residence. Lots 3 and 4 are vacant and undeveloped. The applicant is requesting this change to allow a parking lot on the subject property. As some of you may remember, the applicant submitted an application for a Future Land Use Map Amendment and rezoning for this same property in January of 2007 (See attached Report for Petition No. 07-001-SSA). At that time, the applicant's request was denied because it was inconsistent with the Comprehensive Plan. Staff has re - reviewed the proposed request of change - Comprehensive .n Analysis A. Consistency with the Land Use Categories and Plan Policies. The Comprehensive Plan requires the City to manage future growth and implement land development regulations which would protect the use and value of private property from adverse impacts of development. The applicant has not submitted any new information which would cause City Staff to reconsider our original assessment for this property. Allowing a Commercial Future Land Use on this property would be encouraging further Commercial changes within a residential neighborhood. The proposed use would be inconsistent as this entire Block is shown on the Future Land Use Map as Single Family Residential and zoned RSF-1. The current existing uses on the property are all consistent and staff sees no new factual information to keep the property from remaining residential. Having a Commercial marketing desirability for this property is not a sufficient reason. 2 Staff Report Applicant: Brad Goodbread Small-Scale,Comprehensive Plan Amendment _ Petition No.: 07-010-SSA B. Concurrency of Adequate Public Facilities As stated in the previous report, public facilities would be available to the property. However, potential traffic impacts have not been demonstrated. C. Compatibility with Adjacent and Nearby Land Uses A Commercial Future Land Use category on this property would not be compatible with the adjacent uses to the north, west and south. Although the area to the west is commercial, it is still not good planning to allow the proposed commercial use as an accessory to another use across the street. D. Compliance with Specific Standards of the Plan. This request is not in compliance with the specific standards of the Plan. See responses above. Analysis and Conclusions Based on the analysis given above, staff recommends denial of the applicant's request to amend the Future Land Use Map from Single Family Residential to Commercial. Maps or Diagrams Submitted by: James G. LaRue, AICP June 12, 2007 eechobe# Covnty Property A M tt t't. 'tad►' td! parr. It -dAt�°!a _ ... _. IN NOW 1"'IMM i }w nt 33u2o-?�C•ts-a �xut i�+T.�l� v3a9in 3t$ ate twof 3I(xzzr . wis #MI#m tr0f.4%u *uat r3H Owrw Fty t�r 1" O�V vj,)b' f+ Oujt it *�;P 4w* "WitsI"wOta"atlaswr—tat4aprpv`/Wwvatrt 4*4MmhOwvZO40*Wj� 47'z ii '4 Sr2 !Yt ,--AvW*IP v GY"Cat� C n'14 �}+i��Y +�e'�c a#?h+p1ti TAn ,far.�+gta:5ty# �"t�.ra3 .z:=�: "t.J 4 cit st�k3t4�;i��i �T�y'3Yt-3f3'� Si�Y�� Rb ef�`s1�,.it bWera M':t� I'r7fT�d �;s t�3�?fi't s�',Za�i`afifk�t:Y.xrSkall. Brad Goodbread 07-010-SSA from Single -Family to Commercial W. Staff Report Applicant: Brad Goodbread Small -Scale Comprehensive Plan Amendment Petition No.: 07-010-SSA WAN f , vim- �� s 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: l arue-planning(&,,att.net Staff Report— Small Scale Comprehensive Plan Amendment Prepared for: The City of Okeechobee Applicant: G4 Land & Cattle Co. Petition No. 07-001 SSA Staff Report Applicant: G4 Land and Cattle Co. Small -Scale Comprehensive Plan Amendment Petition No. 07-001SSA General Information Applicant/Owner: G4 Land & Cattle Co. Applicant/Owner Address: 12575 Highway 70 E Okeechobee, Fl. Contact Person Brad Goodbread Applicant Fax Number: 863-634-2121 Proposed Future Land Use Map Classification Existing Single Family Commercial Zoning District RSF-1 CLT Use of Property Vacant Light Commercial Acreage 0.650 0.650 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. The matter for consideration is an application for a Future Land Use Map Amendment from Single Family to Commercial. Based on the size of the property (0.650 acres), this application qualifies under Chapter 163 of the Honda Statutes as a Small -Scale Amendment to the C'omprehcns1%e Plan. 1'he applicant ti111 also he requesting a rezoning - change from RSF-I to Cl T for the property. Adjacent Future Land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification: Single Family Zoning District: RSF-1 Existing Land Use: Residence East: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Vacant South: Future Land Use Map Classification: Single Family Zoning District: RSF-1 Existing Land Use: Residence West: Future Land Use Map Classification: Single Family Zoning District: RSF-1 Existing Land Use: Residence Staff Report Small -Scale Comprehensive Plan Amendment Applicant: G4 Land and Cattle Co. Petition No. 07-001-SSA The applicant is requesting this Future Land Use Map change in order to operate a professional office on the subject property or to accommodate the heavy commercial uses across the street by alternating as a parking facility. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. After examining the Future Land Use Element, the subject property would seem more consistent with the Comprehensive Plan policies by remaining in the Single - Family Future Land Use category. The intent of the Future Land Use Element and Future Land Use Map is to manage future growth. In implementing the Plan, the City has to ensure that its land development regulations protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. (See Policy 2.2) In addition, Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses in consistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. The applicant's request to amend the Future Land Use Map would be inconsistent with the Future Land Use Element. The subject property is wlihin the Single - Family future Land t:se category and the RSF-1 Loning District. B. Coneurrency of Adequate Public Facilities Public facilities would be available, but traffic impacts would be substantial as this area is residential and the roadway may not be able to support more commercial traffic. C. Compatibility with Adjacent and Nearby Land Uses The change from the Single -Family to Commercial Future Land Use category would create an incompatible use with the surrounding neighborhood. The existing Future Land Use categories, the existing Zoning Districts, and the existing uses of the surrounding area (north, south and west) are all compatible with each other. If granted, the commercial use would be incompatible with the adjacent uses and introduces the opportunity for future requests for conversion from Residential to Commercial on nearby properties. (See Future Land Use Map Attached) 2 Staff Report Applicant: G4 Land and Cattle Co. Sma11-Scale Comprehensive Plan Amendment _ Petition No. 07-001-SSA D. Compliance with Specific Standards of the Plan. The applicant's request, if granted, would not be in compliance with the standards set forth in the Comprehensive Plan. Analysis and Conclusions Based on the above information, staff does not recommend for approval of this request. Maps or Diagrams Submitted by: James G. LaRue, AICP January 8, 2007 • Staff Report Small -Scale Comprehensive Plan Amendment Applicant: G4 Land and Cattle Co. Petition No. 07-001-SSA 4 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 t�1 �. r 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 i 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. CONSIDER F AAI PUBLIC DOPIINB A CITY ORDNANCE of the CRY of Okeechobee. BMW Or as soon thereafter poss6le at duct a MI MM'.2 O on and th TURE E�E DU E MIIP IN THE COMPREtIF1181YE PLAN; PROYIOMB Fat e ordinance is repardurg SmaN Scale CwWdok%W Plan Mn land Use Arnwhdd Applicalloo No. 07-010SSA sdMntted by Brad Gooclbread on b of pro�rl(oy owner(stl)�eG/ Larid 3 Cattle Co., and George A. Goodbread. Th caged at 2104charip r�xred 2nd ARM Avveraiee.. description: Lots to C 1a i "2, Royal_Oak Aditn Subdvhbn. This application is associated wid I mempbrpeprpssoefd = are encoupr�apged to attend and participate in sai Ixch the ofrao of.tlie t lry�ftedc durkocled q its � hours, .EASE TAKE NOTICE AND BE ADVISED Brat I arry person desires to appeal r decision made by the City Couocfi with respect to M j now considered at 1 pupose arid to Ewa verbatim record d the Mceedhgsneed a record the `is rre which record hctedes the test6nony and evkbnce upon which the appeal is tobased. City Clerk media are for the �h purpose of backup for official records the Clerk accoMame with the Americans with Disabfiily Act (ADA) and Florida Stahl 286.26, persDrrs with disabilft needirV special accommodation to participate this proceeding should cordact Lane GarrMea no later than two (2) working da �a to 0ce proceeding at 863.763-3372 x215; I hearing or voice Opaked, c iDD 1-800-222-3448 (voice) or 1.888-447-562D Lane Germ." CMG, CITY CLEI t .......................................... Swotrk to and subscri 'before me this CONSTANCE L. HAWSE COmrIW DD0563848 da"f A.D. 2 = Expires 6l14l2010 '' i v' =P� � Florida Notary Assn., Inc Notary Public, State of Florida at Large JULY 3 -1ST READ EXHIBIT NO. AUG 7 - FINAL EXHIBIT NO. 7? ORDINANCE NO. 992 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 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. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 7t" 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. 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 change the zoning designation from Single Family (SF) to Multiple Family (MF) for property located between Northwest 51h and 7" Avenues and Northwest 11 m and 13'h Streets. 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 Northeast 1/4 of Section 16, Township 37 South, Range 35 East a/ka 513 Northwest 12'h Street, Okeechobee, Florida, 34974 - Planning Consultant (This petition is associated with Application No. 07-009-SSA) LEDFERD-YEA HOOVER -ABSENT KELLER-YEA MCCOY-ABSENT BURROUGHS-YEA JOHNS -YEA JUAREZ-ABSENT MAXWELL-YEA O'CONNOR - YEA MOTION CARRIED. 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 change the zoning designation from Single Family (SF) to Multiple Family (MF) for property located between Northwest 5" and 7" Avenues and Northwest 11`h and 131h Streets. 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 Northeast 1 /4 of Section 16, Township 37 South, Range 35 East a/ka 513 Northwest 12`h Street, Okeechobee, Florida, 34974 Bill Brisson stated that LaRue Planning Staff recommends approval of the second phase of the project development by InSite Development 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. 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 91h 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. City of Okeechobee Date:S General Services Department Fee Paid�� o, 55 S.E. 3' Avenue, Room 101 1st Hearing Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Publication Dates: Fax: .(863) 763.1686 Notices Mailed: - Uniform Land Use Application Petition No.Q I -6b 2nd Hearing ✓ Name of property owner(s): E e JoL S 6e/ p=bme- Owner mailing address: n'hi IC T Name of applicants) if other than owner (state relationship): L �• F. • 5 -1 � Applicant mailing address: ! U Mi, F(, A q 2, A = Name of contact person (state relationship): } bb5 �. o rfi=: Contact person daytime hone(s): $(03-��(�(P Fax: e 'l 6 e 614, !' ds -lute ✓ Property address / directions to property: Q ior< e S>de of n UJ q4k nit) 3 Indicate current use of -property: Desle e improvements on property, including number/type of dwellings and whether occupied none, so stale)_ Approximate number of acres-( Is property m a platted subdivision? Y Is there a current or tecen[ use of tiie property that is/was a vu-lation of county ordinance? ifso, describe: �D JR Have there been any land use plicatio concerning all or part of this property in the last year? If so, indicate date, nature and appIicant`s name: Vo S _ (ON [�� CDO IN?ft4 Is a sale subject to this application being granted? Q — Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: = D— I to d in�d >t I ern c Describe adjoining land uses / improvements to the North: �0 U)i I e South: FD61 East Cte West: -�bc�r►do -� �s�r � _ Existing zoniaa Future Land Us assification: " KS F m F Actions Requested: ( zone (_) Special Exception (� Variance -_= Parcel Identification Number: 5e - 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 - Signature Printed Name Date -- ! - ad tlopt Uniform Land Use Application (rev- 1/03) Pane 1 of 2 -Current zoning classification: — Requested zoning classification : r R What is your desired permitted use under the pro osed classification: E Z O N If granted, will the new zone be contiguous with a like zone? E Jr Is a Special Exception necessary for your intended use? `, Variance? I` Describe the Special Exception sought: S P E C I Provide specific LDR or ' ance citation_ A L Are there other similar uses in the area? so, describe: E X C E Why would granting your request be in the best intere f the area and residents? P T f> Ef b:�ines�_ E ,iefl� t<<c nbF .tore !fiJudiu2 number of cmplmec5_ hours_ noise �Seneration :�rxl ;�cri: i�� , t. ! ; �G Describe Variance so h V A R l Describe physical characteristic of pro rty that makes variance necessary: A N C Did you cause or contribute to the characteristic? Is describe: E What is the minimum variance necessary? Uniform Land Use Application (Tema liG3) Page 2 of ? d ��-nes Pf � %Assori�es, P�f. May 21, 2007 City of Okeechobee 55 SE 3rd 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 rc/omi-g; O!'the parcels listed is to «d!(�.% the dcvclopment ol-;i«llli- farrnily residences rip to I 0 tir)its per acre. 13� allowing the multi -funnily 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 5-0010-0012 0-0010 3-15-37-3 5-0010-0012 0-0110 3 -15-3 7-3 5-0010-00120-0170 BLOCK 21 3- 15-3 7-3 5-0010-00210-0010 3-15-37-35-0010-00210-0100 BLOCK 1 I 3-15-37-35-0010-001 10-0010 BLOCK 22 3 -15-3 7-3 5-0010-00220-0010 f0l$w 3k977 - Yb3 467-CO76 - 15r 963-k67-069 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 3-15-37-35-0010-00210-0170 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 ATTACIDMNT 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, Block 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, 13, 14, 15, and 16, Block 21 _ City of Okeechuhcc 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 Iti C-��T►s ��+��$ , authorize Steven L. Dobbs, P.E. to si n applications apd statements on behalf of InSite Developme ro p 6 keechobee. D. CurtisLu—ndberi InSite Development CEO/President Subscribed and sworn to me before by This ��day of April, 2006. Witness by hand and official sea) My Commission expires: f%ee t i -91 Notary Public State of (710ViLOd4 _ PersQnall —Produced Identification Type 3 p C.IY TWA rnorm"K rt Ov"red-bye Steven L- amio-16agv�r. ."Rr , W-I . ac I-FHR 1.1,P 113 MortG Frap0.r Oriv St ec' pax '' ,mot Palm "Amee- Rtoridu 33ap 1 } ikc No : 246-"")Pl !k—eom Pah inr ra Reo„d1 Dwt_ _ — wARRANTY DEEID —_ :HIS INDENTURE. made this 12th day ofJmMary. 2006, INO-Peen Kovach 8ev&"Mw % Inc.. a Florida coll"retion and UM Intl manta, LLC, a Flart6a Ilrtlitad flab0iq company. CGrsrrtor-), to "'te E++elol merit Group. LLC, a Colorado Ibnitad liebol Post office address Ls /- kY �nP®aY. vse C o - CGranlee'). WIiNESSETH, that said Grantor, for and in consideration of the sum of TEN AND NOlioc (S 10. DO) DOLLARS and other good an0 Vsk able consideration to Bald Grantew in hand paid bysaid Grantee, the receipt Whereof is hereby ackn&o iedged, has granted, barrJained. and sold to the Grantee and Grantee's Heirs and assigns lbrever the following desanbed land situate, lying and be!ng in Okeedw3bee County, Fiorids, to -wit: Pares( is Lots 1 through 26. inclusiva, Block 20 of OKEECHOBEE, according to the Plat therscl, as recorded in Plat Book 1. Page 10, and in plat Book 5. Page 5 of the Public Records of Okeechobee County, Flarlds; and lots 7 through 10, lnctuaive, and lot 11. Igan tits West 28 feat thereof. together with the Borth 7.5 feet of the vacated aNay (15 feet elide) adjacem to said lots, in Block 29, of O KEE CHOBEE. ec cording to tics plat tttargof. as recorded in Plat Book t, Pegs F (oxtda. 10 and In Plat Book 5, Page 6 of the Public Records of Okeechobee Countv Parcel 2; Lots 1 through 26, inetush% Bbek 4; Lots 1 d dough 6, Welusive, 8kr Lots 1 h 26, Inclusive, 9ek 11; lock 12; Lots 1 thrtough 21k inclushra, Block 13' Lots 1. 2, 3, and 9, in Block 21- lass; the :Fast 32,50 feat of said Lot B; Lets 10 through 26. inelusiva. Bloc* 21; and Loft 1 through S. ine�sly,s. Mock 22, of OKEECHOBEE. according to the Plat thereof. as recorded In, Plat Sock Psi- t0 and to Plat gook 6Pape 3 of tha Public Record': of Okeechobee County, Florida. Parcel ID Numbers: 3-15-37-35-0010-00040-0010; 3-15-37,35-o3lo-0004o-0i4o, 3-153T-0p .35-0010-00110-0010:3-15-37-35-0010120-00103-15-37 35-OCID-DDt2"j10; 3-15-3735D01 -0-DO12O.-0170.3-15-37-3SWIO-00t30.041D:315.37 35 p010O0t30-0ta0. 3-15-37-35-0010-00240-0010: 3-15-37-25-001O-00200-01a0, 3-15.3735-0010.00210.0010., 3-i5-37�35-Op10-002t 0-0100: 3-15-373St1p10�0210-0t'0.3-15-37-35-Q010-00210..OnlT 3-15 3T-35 0410 00220 0pf0: 3-15-37-35-0010-00290-0070- Warren y Den(Y➢aQQ 1 nr 3 L .� Obi L-BBL-LQiv 2J8 un s qP -i La.sn, -O Jai ;to Rn n2 uer VL/ 1VI LVUO iv:t7� Obi /44b2y0 MAIZY .0 H1N-IUN INC PAGE 02 and said M*OfGrantor m 38Onilihereby omWly ,,tern: the title to SW land and will. bos, lam e�isi N►e lawful claims of rti �ersoefe whomsoever. SUBJECT. ho-ever, to taxes for tha year 2006 ar4 a: f*gJlvbcny. to restrictions, rWWrV&IiOrit aW bsequmrht Yd arl: to all Qrnrernment8l easier enM of record_ TOGETHER with a{tths tenemerNs, h*Md4amen%and ir+ arsy�ae OPPerteininq _ aPPurtenanoea Iheneto bek ogieg or TO HAVE AND TO HOLD the same in be sln+ple forever. AND, the Grantor herebv covenants Witt• said Grantee that he7she is I&W gy seized of aid Re/stee her simole: that helsihe has poop rght and tewkA Outthori�; to sell and convey sad tsehd- brat �V f -'tty warrants ttss title to said land anp will derend the ssame agairist :he fawf� Clair hs of all persons wharshsoever and that Said band a tee of 8I1 encumbrances whatsoeve•. 'Grantor' and "Grantee' are used sot singular or plural, as context ree�epnes. IN VATNESS yi IMMEOF. Grantor las hereunto set Grantors hand ana seal the day ano year first above ve tem 54'*d sealed and dek"recl in 'Dul Ftesenc& =Pri"ted Q-, -TC, — -- STATE OF FLORIDA KOVACH DEVELOPMENT. ,HC . a Ffor4$ � BY Edward i_ Kavach, Prc 1ATS rNVEETAAENTS. LLC. a Florida tit -dad :iaLHl.ty corneany By: Terry Mlas�g;ng AAsmtra � r f COUNTY OF _�- a4," A,. j, BEFORE ME. ;he undarsogned authorty, on this day. Personally appeared Edw,,rd .t KOvedh. Pregiden! of Kovach DevetoDmerfi. Inc.. a Florida corporatio, w-tp a personally known to W -"J, D00*08%W 2 or.) a d ovII- BOG-LO♦ 4s®gpynl r.i1.An p Q aO L I LD 9!) pZ ua r- me, " haa. Produow tdenVication am shown below, y cautioneC, edabeing by me hest rwty swum and now rtddged deP~ end aths wise shed that he ekeeufeo" F0ro001^9 mate►:n+swt SWORN To anti SUBSCM13ED before Wm this Lit day rN -WU+airy. 2006. �f "may YOgC / My conmr-Ission eVires= �� a-nntQd NaA�@ Notary �►��y. check one: t "f Pe -sow *'gning document P*mOnalIv known to rns. a ) Pe sat signed dc4tumerd and Provided the 6DItowin® forrn of tdentifmation. Wv STATE pF FlORIpCO9EM UNTY OF BEFORE ME, the ureferw9ned authonTy, or trtfs clay pemonany appearoo -Ferry M 5l�hrabare�, Maraglrg Mematr Of Mr5 Investments- LLC, a Florida limited leabarty pmpony, who is Personally known to me. or has Produced identifirarion as shown .1 �v^o, Oe sworn and cautaonr3d. 7tckraOwlad deposmd end othemise stated that ter eabcndb me firat ou>y maeRrraiertt the for"oing SWORN To and SUBSCRUMM before me tits �/day of Januuarryy. 2006- atlnsr! pyres MY IQr4,OQSr " tv"•FY �tWrlc E m-Aftff,roW My cornmieaion expires- -_r Notary. deck one: t•nrtea Name or Notary f 7 PBrscn Signing document persona! ( Person signed dacume3ty known :o me t and ProvideQ the iotlowrng fo.r.1 of rdentncLstIon EMared by and relum to Cristhta Gomez Attorney at Law mez, P.A. 167th Street Safte A-16 FL 33015 3 File N gTB06-163 Will Call ftj FILE MUM 2006007170 OR SK 00600 PG 0713 -SHARON ROBERTSONr CLM OF CIRCUIT COURT. OKEECHOBEE COUNTY[ FL RECORDED 05/19/2006 03.03-102 Ph RECORDING FEES 10.00 DEED DOC U5.00 RECORDED BY L Rucks Ps 09131 UPS) Parcel Identioa � No. 3 ]5 37-3SOQ10 QD210 007Q ceAbove This line For Recor ingDatal- Warranty Deed (STATUMPLY FORM - SEMON 669.0Z F.S.) This Indenture mad 14th day of April, 2006 between Cynthia S. Baker, an anremarried widow whose post office address is 2370 NW 4 Okeechobee, FL 34972 of the County of Okeechobee, State of Florida, grantor', and Curt Lundberg, a married r hose post office address is 2 Niblick Lane, Columbine Valley, CO $0123 of the County ofJeffersoa, State of Colorad tee', Witnesseth, that said grantor, 4n consideration of the sum of TEN AND N0/100 DOLLARS (S10.00) and other good and valuable considerations ' . toy in hand paid by said grantee, the receipt whereof is bereby w3mowledged, has granted, bargained, and sold to grantee, and grannWs heirs and assigns forever, the following described land, situate, lying and being in Okeeebobeei"ty, Florida, to -wit Lot 7 and the East 5 feet of Lot c 21, OKEECHOBEE CITY SUBDIVISION, according to the Plat thereof recorded in Plat k1, Page ID, of the Public Records of OKEECHOBEE County, Florida. Lying and Being in the NE(glSection 16, Township 37 South, Range 35 East alln 513 N.W.12th Street, Okeechobc�lorida 34913 �i� Subject to taxes for 2006 and suB>�ne* years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims Df all persons whomsoever. `Gra w and "G.anr - a,a—d Fu, "=e«w o' pI—I as —"E-q- In Witness whereof_ luanto; has hereunto Set gi—tor's eal :he 1av and yeas fist abo,e written Signed, sealed and delivered in our presence: Am,- a., ItAMIA U► VTrtn W ri ! YJ. e ay-,. witness am _ _- State of Colorado County of rcmlw�111 s The foregoing instrument was acknowledged before me this 14th day of April, 2006 by Cynthia S_ Baker, who U is personally known or M has produced a driver's license as identification_ [Notary Seal] p°� SpFlq DE lA C1;UZ Notary Public MY CnMMtSS{Oii.a DPr599$r /� �� ,/t0 ,/i "�orne� ExeitttsavrT,iooy Printed Name (c)6 lG R/// Jf� 4✓ IW(t 9Y601A FinNS NeWr$eN��an My Commission Expires. 7, Zo 05 DoubleTim Book600/Page913 CFN#2006009170 Page 1 of 1 MaV Re 2007 12'.36PM WASTE MANAGEMENT 772S459457 P.1 Steven L. ebbs, P. E -Sontme Pr: �ect Mnn&W Rudd l6r4z!;, P, E. 8 AneOciarlas, P. A, 210 NV%taw- 'Srfeet, Suite 204 DM�eelloixlc-: Fit 3.1072 M3-46 7-007b RE: SOUTHERN TRACE Based on the amouril of units that you have planned for the above project Waste Managernenthas the adequate capacity to se",ce this project If I can assist you further on This cr any pro,,eCl PteaSe Cat; me at 772-321-4548 SM rely, 0evy Ba nds Waste Management 1J /..) daL X,0UIl OUCUL, OWLG 6VO 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 KW Date: June 12, 2007 Petition No. 07-008 R Staff Report Rezoning Request Applicant: Steven L. Dobbs Petition No.: 07-008-R General Information Applicant Address: 210 NW Park Street, Suite 204 Okeechobee, FL 34972 It kt® Vie=.01.4 Owner Address: 2 Nublick Lane Acreage Columbine Valley, CO 80123 11.29 acres same 4 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 Y4 of Section 16, Township 37 South, Range 35 East a/ka 513 N.W. 12" Street, Okeechobee, Florida, 34973. 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 my �Wgg Zoning District: RSF-1 NtY.r r, �. i�,, s �''�;` *arb,'�" hY sp .�;,.� •� � �"?r+ Zoning District: RMF c fl Zoning District: PUB `1FU'es 9. Cason Sfrrgte Fa�iy ;4.. Zoning District- Holding xksiig�4s� y Singleaiily.andacarft r 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. 3 Staff Report Rezoning Request Applicant: Steven L. Dobbs 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 Technicat 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 Applicant: Steven L. Dobbs Petition No.: 07-008-R COPY OF EMAIL TO STEVE DOBBS ON JUNE 11, 2007: From: Jim LaRue mailto:jim larue-planning.coml Sent: Monday, June 11, 2007 3:52 PM To: 'Steven Dobbs' Subject: Southern Trace Rezoning TIS Steve, 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@iarue-planning_com Web: www-larue-planning.com 07-008-R Insite Development/Southern Trace Phase II SUBJECT PROPERTY I �,i / r l % ✓%/r f'fZs"d�I� F z 4 l I « n r 2.0 4 � { �r Iv it .. ..� nV I.RI �`'✓��✓}� �> b K � 11 Yi .G 6 Y rb M� � t y.. u ., v a a 1 r� 9a .cry Y rr f y n n a r 29 I 9 I _� z�,tra& I � IVI s roman-arzH�+ -r�r... 34�rormslm»r, nr 6W V z Y t e ��• s � 1a �' ,➢m �—"ro <;a � � ^v 'r � f 1, n I rr°.n ,e .. u y � i»x ;r � 2, 1 '� `, 12 arJ`,s ZONI G wcw.ra�a+.a,+�o on r.� tNJ C� i cr+7 oar l `• 1 �A a � � " yj�M f T 1. - S� t `a z r' }w L f v k/ tr 1 l � S A b Y 3" nV yy 7 P � `!Y i R ' f yM`-yig3• �y `r `r- ;.� Rd 5 '6 t F � f � . a '• .F 4 Y ff t 9�r :a u�Xwa`� s 1 j i i .�• .E� CA//TS 0 -[l a_0?PBE1- PUT {{ » 1 - - TWENTIETH STREET (P) arr ours com N' T:a'''''�'Tr' 7 asa,, ,at B L O C K Y 4 ��3al 3R i ym 1 �,�� I I,r I gD y o �aa PMtNr — a � BLOCK 5 I r 1 HOT A PART OF THIS SURVEY t� a � }7�� ')ya a. ra NW 13th ST AY r a - a ,., zz � tZ r '� a�,;p� hi m 41 ri a I ;P-'o a a 9 a ,a a s -P a cve yp ISM-# 115 B LOCK 1 2 �c�� F - (EMR BOOK) ^ SET PK NAIL NO LU- 'LA ELEVATION: 2B.67 ST a P� ,a NL: 'a ,a 1A9 ' 1 'i' 4 I .P`c f - - o>< �� .• i_ .d -- I i - �- ra c .- - e +,. � - ' 9 L O C K . 2 T 1 I I + ,l ,• r , 8 L 0 C jt c 2 0 'txl t � da l W ,r � ` Al -sp ram M1r, aa, ~ate M1,, to '„a , y, `jy,_ � tt r� raST�tr", NW 1 1 th ST �-,�^-'- �� SUP. � �: � d .�'' ,P a '" • 'P 3 � b , , .,•—� �=.n ;r_ r �c • , � a Do 1 B L' D C K 2 9 I I M1,ne B L O C K 2 8 EXISTwG RESDENCES Nor I r r 1 I l I I 1 -iTl( 1 I NOT A PART OF INS SURVEY !� �' I C I ,a 1 LOCATED) 1 l l E 7 y o 13 i 12 Ill �i 101 9 1 8 1 7 6 1 5 1 4 1 3 1 2 11 a --_--_--_ I—__------------------------------- B L O C K 2 8 1 14 1 15 116 1 17 1 18 119 1 20 1 21 1 22 123 124 125 126 ` 1 v I! II NOT A PART OF THISSLDRVEY 1 I I I I I BLOCK 2 9 -- ,tM1 a? �; B L O C Klp 3 '' = ,a =a . a = _ •r � -' ��~'� ` NW 13th ST „r : . ' 4pl, ,Vy PWT ngHJ raB` L �0 . ND -BLOCK 1 3 IL.,a NW 12th ST NW 10th ST 1VW lvtn 31 --� -- -- -- -- ----� 1 g.M-#LbrH -- --� 15-M-#515 -- 'r CJT N THE NORTH SIDE OF Q (EWR BOOK) I I _ NM OF SANITARY MAN -MOLE AT 1 I FOUND NAIL a I i THE 1111 OF NW 11 I I 1W TAB I ) I I AVENUE MO NW IOth STREET I I EEVAMON_ 29-39 ELEVATION: }EL4R' I � I 1 I 1 RENASIONS - NO DATE DESCRIPTION: BY: (I) OI/1Z/06 REVISED CFFl1FlGTI0Ni RR - (47 PREPARED FOR. GROUPC A COLGRMD LIMITED UABIUTY CO"PMr STANDARD NOTES: - 1. TIVS SURVEY WAS PREPARED NIHOLIT THE BENEFIT OF A TITLE SEARCH OR AN ABSTRACT THIS OFFICE HAS NOT PERFORMED A SEARCH OF THE PUBLIC RECORDS FOR EXISTING EASD-EN1S, RIGHT-OF-WAY, ABMOONMFNIS, ZON IG SETBACKS OR 0® RESTNCTIONS 2 "TFIE SURVEY OEPICIEIS FWRE IS'NOT COVERED BY PROFESSIONAL TIABLT" DISIRAICE' - ADDITIONS M DELETIONS TO SURVEY YAP OR REPORT BY OTHER THAN THE SONIC PARTY OR PMTES IS PROHNITTED WITHOUT WRITTEN CONSENT OF THE SIGHING PARTY OR PARTIES.' 3- IHLS SURVEY IS NOT VALID HE WITHOUT TSIGNATURE AND RMSED EMBOSSED SEAL OF THE SOING FLORIDA PROFESSIONAL SURVEYOR AND YAPPER. 4. UNLESS NOTED OTHETRWISE ALL BEARINGS AND O15TANCS SHOWN HEREON ARE PER PLAT OR DEED. 5-LOCATIONS OF BUILDING(S)ARE LIMITED TO THE ABOVE GROUND WALLS FOOTERS OR FOUWDATIONS HAVE NOT BED. LOCATED. I. UNDERGROUND UTILITIES. IF ANT, HAVE NOT BEEN LOCATES 7. SYMBOLS ARE NOT TO SCALE PROJECT SPECIRC NOTES: L SITE ADDRESS NOT ASSIGNED. 2 FLOOD ZONE SITE APPEARS TO LIE MINN THE AREA SHOWN AS 'OlY OF OKEEOIDBEE., AREA NOT NcLUDE7f PER THE FEDERAL EMERGENCY UMIAGFLIXT AGdCYS (RUA) NATIONAL FLOOD 14SURANM PROGRAM (NF P) FLOOD INSURANCE RATE MAP (FU M) FM - COJMUMTY NUMBER 120177. PANEL NUMBER 0200B, DATED 2/4/19M. 1 APPARENT USE SANITARY SEWER LIFT SATNON LIES WITNN SUBJECT PROPERTY. THIS SURVEYOR' NOT PRONGED WITH EASEET MT DOCUMENT CONCERNING USE STANDARD LEGEND ASP'. (OR) ASP - ASPHALT. am BACK FLOW PREYEh17Ot _ BLDG - BUILDING. BOC - BACK OF CURB. BOW - BACK OF (SIDE) WALK. CB - CATCH BASIN. LONG- CONCRETE, CDR. - CORNER. CARP - CORRUGATED METAL PIPE ELECT. - ELECMC RISER _OP =EDGE OF PAVEMENT EGS - EDGE CF SHELL (ROC[). ORN FC - FENCE CER FL - ROW LINE FDC - FRONT OF CURB. — MANHOLE NG - NATURAL GROUND/GRADE OH - OVE HANG- O I = OVERHEAD UTILITY (WIRES/UIES)- P.O.B. - PUNT OF BEGINNING. N P.O.C. - POT OF CODIDRCEAENT. SRC - SET 5/87 NON ROD WTI/ CAP STAMPED _.LA WILSON- ISSIST E_ TEL- TELEPHONE RL4lt WM - WATER METER WPP - WOOD POWER POE W NO WSP - WOSEACE PE ®- ELECTRIC NSER/VALATMETER. Wm- - TELEPHONE NSTRMAULT. N - WATER VALVEMETR ..IRE HYDRANT. ® STORM WATER MANHOLE. ® . SANRART S=MER MANHOLE i STORM WATER CURB Ir&EN = qIT A.+o,oR NOKTH I NVCN - IM FEET (I" - NOD) _ SURVEY OF: SURVEY DF ALL OF BLOCK 4: BLOCK 11; BLOCK T2 BLOCK 1}; BLOCK 2R BLOC( 22 LOTS 1-3. WEST 15 FEET OF LOT A. LOTS 10-26, BLOCK ZT; LOTS 7-11. LESS THE WEST 26 FEET OF SAID LOT 11. RLOCK 29; TOGETHER WITH THE NORTH ONE-HALF [N-1/2) OF THE ABANDONED 15 FLEE WOE EAST/WEST ALLEY LTING ADJACENT TO SAID LOTS 7-11, BLOCK 29: ALL LNG IN-MEECHWEE, ACTINOM TO THE PLAT THEREOF RECORDED N PLAT BOOK � PAGE 5 OF ON THE PUBLIC RECGS OF OKEECHOBEE COUNTY. FLORID& TOPOGwgcAL5UKVEY PREPARED FOK: IN51TF_DEVFLOPME_NT GROUP, LLC 5H= H OP 2 LYING IN SECTION T 6. TowNshir 57 5OUTI-t KANGE 55 EAST OK-E COUNTY, I LOKIDA 19TE DENCLOPYENT LL - A DISi@I & UEKR. UP.: ATTORNEYS 1TRE ANCE FUNO. I C, PROJECT INFORMATION ��/T/�� HETRS, LLC, Il5 S AND/OR .SSIGNS: 1 KC3 SERWCES ANY. ITS SUCCESSORS AND/OR ASSOG CALCULATED BY JAW CALLIULATIW EKE RAYS 12/ -5i 1P( /E YI G inc DATE DRAWN: 11/05/ID05 .�1/� Ei / / VLF �MAPP/N , - DRAWN B : RR FlE]DDA d Il/07/MILS a !iATE CH,1/DO5 CEO(m 81.ZD SLEDATE D/lC --• JOFI A. VATS P "FIELD ROCK & FAGS- 5/57-59 .5/,-5 - - OFFICE 304 NW-5th STREET - OKEECHOBEE P ONAL SURVEYOR AND YAPPER PROJECT N am 05-TOSS UAL- POSE OFFICE BOK 1510 - OKEECHOBEE FLORIDA 3437} A LICENSE No I.S5157 DRwYANG NUMBBt NSTTE fYKlOPNENT PI10NL B/3-}57-I6BB fAC 861-157-16BI FLORIDA CERTSCAlE OF AUTNORIZATON No L97429-TaPD�DWG\OS-D05V phn�a,mN1eRIN@Ninet � � � LAgrS OF 'OKEFGROBEE' PUT - " N' N - � TWENTIETH STREET (P)— �! - _ N89'48'14'E 670,00• NO l u a o o Co I I I oo BLOCK ¢ go oG' �o ° 87D00' (p) NrAor o I I Ll B L O C K 5 Ne9'asA~ s70.o5'_----_--_--__---- . w nc w,7x NOT A PART OF THIS SURVEY =N' I --------- I o N89'48'� "E (p'0-06 - Ito 0o B L 0 C K 4 �� I I� . NW 13th ST rARr mrI I 150.00' I I b 4%I1 $1 NB9"48'14"E I I � N89"48'14'E N' ,I'll In m In I 1n m In o o. B L0 C K 1 2 W o U) o r o f 11 o r o o_ Ry o 0 0 a - N89'48'14'E 512.51' n o C] a C I o (7 m sec ,s ANN2Y rwr,l y r Ir na MAnEv/ s a l rn z I 1{� m z N89"48'1a'E 512.48' C/i4 I I I v R-+ N N `i o o - o q o M' oC) B L 0 C K 1 2 �o 14ZWCP) 0 0 m 0 :U N89"4814 E NB9-48'14 E 150.00' I I T 424T— NB9�48J74"E 51219'— ""° NW 12th ST raY a r.PWWr �L— a"s' 'J�Z I 150.00 14Z 40' _ 10 I 91 s o O=- J 149.91' y N89'4$'1 a'E I I RJ89"48'< E J NB9-48'14 E o IA vd AA•e Y+r o _ c 1 I a 7c25o1P) I O �, I i - 14_ t Q� o - ` v Ic 8 L O C K 21 j� rA,=xd,v N89-48'14 E I NB9 48'19 E g C 150.00' _ ' 142.45' I I--1=N89�48'79"E 51230' I I m lam �I ——-- �>7>s----- NW 1ffhST RePr i In..In r m 1 BLOC K 2 8 ITN I:t� r:.wm NOT A PART OF THIS SURVEY n ,rARE,•rM>rA,ARr I� I I BLOCK 28 v I NOT A PART OFTHS SURVEY I LAND UNE TABLE L-1 N89-48'16"E 62.47" L-2 N89'48'14'E 62.47 REYSON$ 1 � I I I 1 Na DATE DESCIPRON BY. I ^hjl (1) O1/12/06 REVISED CERMCADONS ON SHEET 1 OF 2 RR (2) - (3) (4) \\ suAvcr 2�roP.6RwIATrr I I AOtAn� RIIPV AUP �]ceA s'uN•f¢ meo»s NNavwF Nf4m �w eo AREA TABLE -- BLOCK 4 - NORTH 1/2 2307t ACRES BLOCK 4 - SOUTH 1/2 - Z3073 ACRES BLOCK it - ALL OF - LOd52 ACRES BI-DICK 12 - NORTH 1/2 - 1-755t ACRES BLOCK 12 - SOUTH 1/2 - 1.764t ACRES BLOCK ,2 - WEST 1/2 - 1.O30t ACRES BLOC( 73 - NORTH 1/2 - 2308t ACRES BLOCK 13 - SOUTH 1/2 - 2306x ACRES BLOCK HT - NORTH 1/2 - 2-309t ACRES BLOCK 20 - SOUTH 1/2 - 21D9t ACRES CLOCK 2I - LOTS 1-3 - 051 R1- ACRES BLOCK 21 - LOT 10-11 O. ACRES BLOCK D - SOUTH 1/2 = 17"' ACRES BLOCK D - WEST 1/2 - 1.0-IOt ACRES BLOCK 22 - ALL OF - 1-OB5f ACRES . BLOCK n - LOTS 7-I1 - O.I76t ACRES TOTAL AREA = 24,978t ACRES STANDARD NOTES: T. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TILE SEARCH OR AN ABSTRACT. THIS OFFICE HAS NOT PERFORMED A SEARCH OF THE PUBLIC RECORDS FOR EKISTING EASEMENTS- RGIT--OF-WAY• ABANDONMENTS. ZONING SETBACKS OR O® RESTRICTIONS. 2. `HE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL UABUTY INSURANCE ADDITIONS OR DEIEDONS TO SURVEY MAP OR REPORT BY OTHER THAN IRE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES-' 3. THIS SURVEY IS NOT VAUD WITHOUT THE SIGNATURE AND RASED EMBOSSED SEAL OF THE SIGNING FLORIDA PROFESSIONAL SURVEYOR AND MAPPER A UNLESS NOTED OTHERWISE, ALL BEARINGS AND DISTANCES SHOWN HEREON ARE PER PLAT OR DEED. S. LOCATIONS OF BULDWG(S) ARE DOTED TO 1HE ABOVE GROUND WALLS. FOOTERS OR FOUNDATIONS HAVE NOT BEEN LOCATED, S. UNDERGROUND UTUDES. IF ANY. HAVE NOT BEEN LOCATED. 7. SYMBOLS ARE NOT TO SCALE - PROJECT SPECIFIC NOTES: 1. SITE AOORESS: NOT ASSIGNED. 2. FLOOD ZONE SITE APPEARS TO LIE WITHIN THE AREA SHOWN AS "CITY OF OCEECHOBEE. AREA NOT INCLUDED' PER THE FEDERAL EMERGENCY MANAGEMENT AGENCYS (FEIA) NATIONAL FLOOD INSURANCE PROGRAM (NAP) FLOOD INSURANCE RATE YAP (FIRM) FOR COMMUNITY NUMBER 120177• PANEL NUMBER 02008, DATED 2/4/19I1. ]. APPARENT USE SANITARY SEWER LIFT SATAICN UES WHIN SUBJECT PROPERTY. THIS SURVEYOR NOT PROVIDED WITH EASEWENT DOCUMENT CONCERNING USE. STANDARD LEGEND: ASPHL (OR) ASP - ASPHALT. BFP - BACK ROW PREVENTOP BLDG - BUILDING. _ BOC - BACK OF CURB. BOW - BACK OF (SIDE) WALK - CB - CATCH BASIN. CONC. - CONCRETE COP = CORNER CMP = CORRUGATED METAL PIPE R ELECT. - EJECTING RISER. EDP = EOM OF PAVEMENT. EGS = EDGE OF SHELL (ROCK). FC - FENCE CORNER A. - FLOW LINE FDIC - FRONT OF CIRB w MH = MANHOLE - NO - NATURAL GROAND/GRADE OH = OVERHANG OIN = OVERHEAD UTILITY (WRES/U NFS). P.DA - POINT IN T OF BEGNING P.O. _ - PONT OF COMMENCEMENT. SRC - SET S/B- IRDN ROD WITH CAP STAMPED 'lA WILSON- LSSIST TELE - TELEPHONE RISER 1W WATER METER WPP - WOOD POWER POLE. `MSP - WOOD SERVICE PDX- ® - ELECTRIC BSrR/VAULT/UFrER ®- TELEPHONE RISER/VAULT. pQ WATER VALIIE/METER- { - FIRE HYDRANT- ® = STORM WATER MANHOLE ® - SANIIARY SCAER MANHOLE - STORM WATER -Ps IMLT = — ANCHOR WOODEN POWER POLE NORTH ,ov sp v I OWV - 100 %EET (I-- rw) SURVEY OF SURVEY OF_ ALL OF BLOOM 4: BLOCK 11; BLOCK 12: BLOCK 13; BL.OM 20, BLOCK 2Z LOTS 1-3• WEST 15 FEET OF LOT 9, LOTS 10-26. BLOCK 21; LOTS 7-T1, LESS THE WEST 2B FEET OF SAD LOT 11• BLOCK 23. TOGETHER WiH 1HE NORTH ONE-HALF (N.1/2) OF THE ABANDONED 15 FEET WOE EAST/WEST ALLEY LYING ADJACENT TO SAD LOTS 7-11. BLOCK 2% LLL LING IN 'OKEECROBEF-. ACCORDING To THE PLAT THEREOF RECORDED IN PLAT BOOK S. PAGE 5 OF PUBLIC RECORDS OF OKEECIHOBEE COUNTY, FLORIDA. 60U NDAKY SURVEY FKEPARED FOR= INSITE DEVL.LOPMENT GROUP. LLC 5HEET20F2 LYING IN SECTION 16,TOWN5HlF 37 SOUTH. KANGE 35 EAST OKEECHOM—L COUNTY. FLOKIDA PROJECT INFORMATION CALCULATED Bc JA- F F LXPLD/T/ON CALCUATOFILL NAME K/A D DATE A- 12/O5/2ODS SURVEY/NG MAPP/NG /TT C. DRAW Bs RR DATE CHECKED 12w05/2005 ;. •= Y W r P s M1 .---� OC"EL BY: FIFO SURVEi DATE Op. A 17/R7/05 FIELD BOOK d PAGE 5/57-59 A 5/1-5 PRO.ECT NUMBER -0055 OFFICE,- 304 1-5,h STREET - OKFFCNOBFf UA POST OFHCE BOY 7510 - MEED40BEF FLORIDA 3.973 DRAWNG NUUBEtt SITE OEVELOPUENt PHONE 663-357-6638 FAY: 863-357-6684 -TOPIC\DWG\DS-n°55 phnr-4anOeurtnlYl4 neL LARUE PLANNING & MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 • FAX: 239-334-6384 MEMORANDUM DATE: August 6, 2007 TO: Mayor and City Council Members Brian Whitehall, City Administrator FROM: Jim LaRue, AICP RE: Ordinance 981 - Small Scale Amendment #07-005-SSA for Southern Trace DCA No. 07SO4 Over the last few days, staff has been in communication with the Department of Community Affairs and the Florida Office of Tourism, Trade and Economic Development (OTTED) concerning the above Small Scale Plan Amendment. DCA requested documentation showing that the Amendment furthers the economic objectives of the Rural Area of Critical Economic Concern. It seems being in the Rural Area of Critical Economic Concern, as is Okeechobee, is not enough to justify Small Scale Amendments over ten (10) acres as authorized by SB 2490 in the 2005 Florida Legislature. I have enclosed a memo from Mary Helen Blakesly, the Director of OTTED, showing what suffices. We will share that information with the applicants and owners of Southern Trace and will assist them in submitting their documentation. In the meantime, I would suggest all Zonings and Site Plans for this property be contingent upon a non -objection of the Amendment by DCA. 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, beilig a in the matter of 4 , in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 13 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. PUBLIC NOME CONSIDERATION OF ADOP 01G A CITY ORDINANCE PLEASE TAKE NOTICE fiat the CBv Could of the City of Okeechobee, Florida on Tuesday, Aupst 7, 2D07 at :00 p.m. or as soon O�realter poss@b at Hall, 55 SE 3rd Ave., Okeechobee, R. conduct a PUBLIC IN6 on and th attar ro consider fnal taa�q of the Ordinance Into law.. N0. t1BZ: ORDINANCE OF THE CITY OF OIL FLORIDA; ALUM THE 0 CIAL ZONING MAP OF OMCHOBEE BY A CERDII TRACT LAND MDIM PAOTICULARLY�pBtDEESCGIM ED 1M RFJN FROM RESIDENTIAL t OLE FAMILY-ONEZONING OI) FTRICr AME11DING THE ZONW MAP ACCOPM LY; PRO FOR COINUM, $EYiRi0Y AND All EFFECTIVE DATE. The Ordinance is rapam" Rezoning Pdit No. 07.008-R, submMed. by S Dobbs, on behall of property owner(s) hSh Devdiepmertil I.I.C.raC. The I WA is ID change the zoning design�on from RSF-1 to RMF for vacant prop located between Northwest 5th and 7th Avenues and Northwest ttth and Sheets. Legal description: all of Blocks 11, 12, 21 and 22, City of Okeechc Subdivision. AN memberspproposoef the pubNc are encouaged to attend and partc�ate kr said.Ae u kin the 0°Dlficea0rdkra�rxhe City ins dt g rreegeularntirely r bussvmembers of iness horas, M Mon PLEASE TAKE NOTICE AND BE ADVISED that K any person desires to appeal a decision made by the City Council with respect to any matter considered at t hearing, such interested person will need a record of the proceedings. and such purpose may need to ensure a verbatim record of the proceedngs is ma which record includes the testimony and evidence upon which the appeal is to based. City Cleric media are for the sole purpose of backup for official records the Clerk In accordance with to Americans with Disability Act (ADA) and Florida Statul 286.26, persons with disabilities needlog special accommodation aarVcipae p this emcee ft should contact Lace GamoAea no later than two (2) working da ON ro ire poseedkg at 863-763-3372 x215; B hearing or voice impaired, r TDD 1 800 222-3448 (voice) or 1-8811447-5620 MY). i2763s till mmro7 Lane Ganioea, CMC, CITY CLEI ' . \_.-J.L� l \.._!•`.-�� - --� .rnanu....osus........0 nn....na....... CONSTANCE L. HAWSE Swom to and'subscribeil before me this vp"ay Comm# DD056384$ �� _$tidy W._ d of 4 A.D. 20 Expires 6/14/2010 �ocvoa� Florida Notary Assn., Inc ............................................ Notary Public, State of Florida at Large JULY 3 - IST READ EXHIBIT NO. AUG 7 - FINAL EXHIBIT NO. ORDINANCE NO. 993 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 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 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 Julv, 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 BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 6 OF 8 IlY AGEI�t1 II +rrtor�r - aISCUsSION '� VO II 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 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) - 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 2" 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 VOTE 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. A' 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: S Petition No.�- Fee Paid: �50_61 Jurisdiction .'ve 1st Hearing: end Hearing Publication Dates: Notices Mailed: unuorm -Land Use Application Rezone . Snecinl F.-repntinn . Name of property owner(s): �w 0 A P Owner mailing address: 12,676 7,0 E 6K 3ef472 P L Name of applicant(s) if other than owner (state relationship): ?�� R I C Applicant mailing address: 115 -7 5 E A N Name of contact person (state relationship): f T Contact person daytime phone(s): 6-9-634- t 21 Fax: Property address / directions to property: ZiO q t5vj Z �: Indicate current use of property: US Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): Approximate number of acres: f1: (� JC p is propem in a planed subdivision? , 'r' e�c-- ,r � � !•;,,,.. ,,1 ct�unRord�nancc"' li <.,, sir<<rG!,� i li F' i f ��,� .i.c lan use appu� suun� concerrnr�> a�; ut r�,r of ihts property to the lit>i year � 11 so, tnuic r[e� �aie_ ! E nature and rPF Itcant's name: � �� R T is a sale subject to this application being granted?_ C 5 y 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: South: East: W �p `� l.0/►') est: Existing zoning: Future Land Use classification: Actions Requested: L►�Rezone ( } Special Exception (_� Variance � d3-7_0-37-35-ao&o-oo0U)-1*0/ Parcel Identification Number - a3-28-37- 5- cop-000Zo- c� Confirmation of Information Accuracy I hereby certify that the informatia in this application is correct. The information included in this application is for use by C.00a c obee proc - g t y request_ False or misleading information may be punishable by a fine of up to ,S5ri n t of ays ndmay result in thee summary denial of this application. Printed Name Date / Uniform Land Use Application (rev tio;) Page 1 of 2 Current zoning classification: 'Sf —� Requested zoning classification: R What is your desired permitted use under the.proposed classification: E 0 P N If granted, will the new zone be contiguous with a like zone? -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? Xso, describe: E X C E Why would granting your request be in the best interest of the area and residents? T Describe Variance sought: V A R Describe physical characteristic of property that makes variance necessary: I A N C Did you cause or contribute to the characteristic? Is so., describe - What is the mini -mum variance necessary? Uniform Land Use Application (rev 1/0---) Page 2 of 2 Prepared by end 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 FILE _ MUM 20040.07758 OR BK 00529 PG 1891 SiiARUN ROBERTSOlir.CLERK OF CIRCUIT COURT MEECHDBEE CDUNTYY FL RECORDED 04P29l2004 09:20:09 An RECORDING FEES d.DO DEED DOC 385.00 RECORDED BY 6 1lerrbown (Space Above This Line For Recording Data] Warranty Deed 265' W (STATUTORY FORM - SECTTON 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 & CATTLE COMP , a F 'da corporation whose post office address is 12675 Hwy. 70 East, Okeechobee, FL 34974 of the my Okeechobee, State of Florida, grantee`, Whnesseth that said grantor, for in c ideration of the sum of TEN AND NO1100 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 -wit: D Lots 1 and 2, Block 2, ROYAL OAKrding to the plat thereof recorded in Plat Book 1, Page 8, of the Public Records of Okeechobee CounA . rida_ Subject to restrictions, reservations and eaaaerrt rd, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever 'Grantor' and "Grantee" are used for singular or plural, as uanext rea„fires In Witness Whereof, grantor has herednto se' grantor's hand and seal the day and year first above wntren Signed, sealed and delivered In our presence 1 imess Signattue Y R 1st ess- t e 2nd t Siattire "A n 2nd Witn ss-Print Name State of Florida County of Okeechobee The foregoing rostrum t was acknowledged before me this 28th day of Ap , 2004 by NELLY C. WALKER, who is personally known or Whas produced idea m cation_ [Notary Seal] N Printed Name_ a r t Ill m oon n s MyCom*slwnoo211eee My Commission Expires- a w Expi— Ady 11, 20Q7 PJ�rta9fcar Wal14: JOHN 0. CASSELS. JR. Altomey at Law Cassels 3 McCall P.O. Boa 968 400 NW Second Street Okeechobee, FL 34973 Fite No.: 912 Parcel Identification No, 3-28-37-3"06"0020-003D :KOSUU RGEO684 DO ilomen Dry StaMP paid in ft &MOw t of 1175.00 am C Intall0bje Tax pad in the amount CI $ SM= RObMbOn. Clerk of CMUR CDlut D� fddda PAM 5- i -aow Above This Line For Recording Datal Warranty Deed (STA-1111.ORY FORM - Sl3'l ION 689.01 F.S.) This Indenture made this 26th day of April, 2003 Between FRANCES W GOING, a single woman whose post office address is 4242 FAVORITE ROAD, Fort Pierce, FL U981 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 and i co - ion of the sum of TEN AND NO1100 DOLLARS ($10-00) and other good and valuable consideration to id g r in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, sold a said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying hobee County Florida, to�wit. LOTS 3 AND 4 OF BLOCK 2, ROYAL OAK IT10 , CCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 8, PUBLIC REGO OF K CHOBEE COUNTY, FLORIDA- This property does not constitt to the homestead a tor. Subtect to restncpons reservations and easeinen recor if y arc! said grantor dies hei eby dully w-errant [he title m sa�CtTano ticj, Will defend the San•'-' against Ir3wtu! ctatms ;-,t ail persons varorns0E-4e, _ - t3—!or- ar,w-G—tee- err context iequ,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 Is[ Wi-Si2nahtrc Y ( e�OLInln 0. Q�) Is( W-Z�-Print Namc t2,'_ttd +lure xC, 4 z I- CS s 'nd Witness -Print N::mr i - , Il I) hj f- FRAN F1 b- GOING FILED FOR RECORD OKEECHOBEE COUNTY. FLA 389699 03MAY -i PM 2=30 SHARON ROBERTSON CLERK OF CIRCUIT COURT tape of t'ountr r,i Y ij - t--4Cl c, fhr fore�amE /m in+teurrn-nt nu+ ael.nonlcdg,-d l>;-I. ur ore ihi, -mh J:n of April. �i ltl; h% FR RAN( (i. CUING- �elur ne-r,onatA_ Lro.n n ,.r ; I lu, pmJui. rl J+ -d -rth " ,n- .. an Nubhe INntan S—li I?isttJ Yamr_ 14 s "gin i ..t, COU" S5(OXi W t9tiu EXPIRES Yr69.2w- ----`_� 6m,a.a nn.ror... P.erc BOUNDARY SURVEY PREPARED FOR GEORGE GOODBREAD DESCRIPTION LOTS f 2, 3=AND'4 BLOCK 2, ROYAL OAK.ADD/AON' !ACCORDING .TO- THE PLAT 7HEREOF AS RECORDED IN PLAT BOOK T PACE $ PUBLIC. RECORDS OF Ok£ECHOBEE COUNTY, fZOR/DA. PRO✓ECt'SPECIRC NOTES. f) UNLESS SHOWN-OTHERiWSE, ALL DIMEX57CNS ARE PLA7(P) AND MEASURED(M), Y 2) SITE ADDRESS 2104 'S W 2ND AVENUE.. MAP SCALM t 4o FM 3) PARCEL ID.- 3-28-=37-35-006O=0D020-001a 4) FIR-M. ZONE-- ZONE UNDETERMINED, PARCEL LIES WHIN THE OKEECHOBEE CITY LIMITS 5) THIS SURVEY IS NOT INTENDED TO DEPICT JURISDICTIONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 6) 7HE SURVEY DEPICTED HERE IS NOT COWERED BY PROFESSIONAL LIABILITY INSURANCE AD0177ONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES /S PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES 7) DATE" OF LAST FIELD SURVEY 06/08/05. wrm moor u nesr wannav ro swTTr arErorrecT- (FUTBaaY r, vw4F I7) S yp��-E 9�) JOD (Pf S 90 DOOCY E wf� aT�) Tt25 (P) soul Bz I I a I1 3� h A � BLOOr ] x TOT 4 aao cr 'rwsr nacvnov ro s1. IArr ar[tarae¢' LPur soar r 171 000,714247(M)1142 -uwww+ on " LOT i srs 9L OCK i — I � uI o � I o a. 3 i TO JA( PAKCE L CONTAINS " 3 10.654 ACRES h n g COT 3 0 Qr � ± BLOCK 2 I I I 2 1 J I I Boa z jl I LOT- 4 i BLOCK 2 s aysrsr w Taz sY(,v)iszs7P) S 8957-57" W 14267(C) 1 22NOM T lET PREPARED FOR THE EXCLUSIVE USE OF GEORGE A- GOODBREAD DESCRIPTION BOUNDARY SURVEY DESCRIPTION REFERENCE: PROVIDED BY WENT OR CLIENTS REPRESENTATIVE FB/F BEARING REFERENCE: THE NORTH LINE OF BLOCK 2 IS TAKEN TO BEAR 5 90U0'00" E I F1LE: TRADEWINDS PROFESSIONAL SERVICES, INC SURVEYORS AND MAPPERS 200 S.YV- 3rd Avenue Okeechobee. FL. 34974 Tel: (863) 763-28B7 1 4 Kenneth A Breaux, Jr (PSMi4820) c erltlicn[e or AutAnnzntor. �o LB E�IB 153/56 19367 sr� -.w...w • 2 I — I I DWG. DATE BY CK 06/14/05 WC KAB g SCALE: 1" = 40' -� JOB NO 19367 STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prepared-cl.sively for those parties noted. No responsibility or liability is assumed by the surveyor far use by others not spedfically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are n visible above ground - ea—r -meats 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 technicol standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17-6, F.A.C.) pursuant to Section a72.027 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 1 & 2, Block 2, Royal Oaks Addition -g > A_ Goo ead - C% €LU4 k 6 Q--y �j q ni Printed Name: George A. Goodbread STATE OF Florida COUNTY OF Okeechobee Sworn to (or affirmed) and subscribed before me this -z 2 day of m RW 12007, by (--, of G 009 0a, 4 n , personally known to me or produced a as identification_ a obert EVITIM 5 a� Bon&. d Thru Public Okeechobee County Property Appraiser 1U gar, @•30 ft W-C. "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 Me3 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 $82,473.00 Sales 4/28/2004 $55,000-00 11 U Asscl $82,473 00 2/23/2004 $0.001 / U Info Exmpt $0.00 , �e 5/1/2001 $27,000.001 ! Q Taxable $82,473.00 E This information, Last Updated: 5/1812007, was derived from data which was rn—a—i by rho n400 ti ti .. ice Solely tor the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office_ The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes Okeechobee County Property Appraiser - Map Printed on 5/24/2007 2:46:18 PM Page 1 of 1 Okeechobee County Property Appraiser o•'07 0.'14 1:21 mi W.C. "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 - --- .-....- R' E 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 Assd $68,600DO 4/28/2003 $25,000.00 V / Q ` Info Exmpt $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. This information should not be relied upon by anyone as a determination of the ownership of property or market value- No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. BOUNDARY SURVEY PREPARED' GEORGE GOODBREAD DESCRIPTION -LOTS 1, 2, 3, AND-.4, BLOCK 2, ROYAL OAK ADD177ON, ACCORDING TO THE FLAT`THEREOF AS RECORDED /N PLAT BOOK 1, PAGE 8 P,UBLIC RECORDS OF OKEECHOBEE COUNTY FLORIDA. PROJECT SPEC/F/C NOTES. 1) UNLESS SHOWN OINERWISE, ALL DIMENSIONS ARE PLA T(P) AND MEASURED(M). q p SCAIE IN rEEr 2) SITE ADDRESS- 2104 SW MAP SCALE: I INCH _ 40 FEET 2N0 A VENUE. 3) PARCEL ZO. 3-28-37-35-0060-00020-0010. 4) F./.R.M. ZONE.- ZONE UNDETERMINED, PARCEL LIES WITHIN THE OKEECHOBEE CLTY L&I7S 5) THIS SURVEY IS NOT IwENDED TO DEPICT ✓URISDIC77ONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. _ 6) THE SURVEY DEPICTED HERE /S NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADDI770NS OR. DELE77ONS TO SURVEY MAPS OR REPORTS BY 077-IER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIESS, 7) DATE OF LAST FIELD SURVEY.• 06108105. Lor IG Naar .a -- iNST ALOINW ro 501/Af tw¢arasFF' BEAR/NC B. (HAT BOp,C t• PAGE 17) 5 90Yl0100" E` 299.E 901X100" E l424!'(M) 14E 5�•(P)-�M�a�� wart— OT e etacr T I I 2 o! c tiI 3 t a, N e 3 n tar 6 h h $ et-2 2 2 � 0 for , I :]RST A01AT ro Z- A/aY¢aKi9EY J�•TP) (PLAT BLgK A PALE I)) S 90'pO'w E 142.41 (M) 142.5 (P) LOT 1 BLOCK I I B( OCK 2 I I TOTAL PARCEL CONTAINS 3'0 654 ACRES I LOT J M1 ± BLOCK 2 I I I I Z I I I I tors I LOT 4 Boa z I I BLOCK 2 I S 895YSY W 14267(M) 142.5•(P) S 895 S W 22ND STREET _ 142.5 PREPARED FOR THE EXCLUSIVE USE OR DESCRIPTION GEORGE A. GOODBREAD BOUNDARY SURVEY DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE FB/PG: 153/56-59 BEARING REFERENCE: THE NORTH LINE OF BLOCK 2 IS TAKEN TO BEAR S 90.00,00" E- FILE: 19367 TRADEWINDS PROFESSIONAL SERVICES, INC SURVEYORS AND MAPPERS 200 S.W. 3rd Avenue Okeechobee, FL 34974 Tel: (663) 763-2887 eth A. Breaux, Jr. (PSM I4 Kenn820) a�resetesi� o: Au[Torixeboc rc e s a uo I DWG. DATE WC I KAB SCALE: 1" = 40' JOB NO: 19367 "'STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted. No responsibility or liability is assumed by the surveyor for use by others not specifically nomed. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4B20. 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 accordonce with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17-6, F.A.C.) pursuant to Section 472027, 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 CT Petition No. 07-009 R Staff Report Rezoning Request General Information Applicant: Brad Goodbread Petition No.: 07-009-R MMMYz _,XTAWAM, ," Applicant Address: 12575 Highway 70 East Okeechobee, Florida 34972 pplart# hone N,irmbar 863.g1 ' ` k. Owner: G4 Land and Cattle 01 � Existing Proposed Futpre Larad,c��aRasrfrcaion Single Farn%ly Carn�iel Residential Zoning District RSF-1 CLT Use of Property Single famryorlc�al pFlcirg t: resk enfial and "c°✓ vacant Acreage 0.650 - Access SW 2 nd Avenue Location: 2104 SW 2"d 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 Future Land Use Map Classifications and Zoning Districts: North: Future`Land tJse Map Classification:Single a; ily=Residential Zoning District: RSF-1 Existing Land User Single family residence 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 r e r i ax> € a qua L'n[t/fas�1�!?x..'jfi¢ FaiKtesak Zoning District: ri RSF-1 Westuure,ri Ilse Map Cfa�rfcti©n Slrigle Famrly=ResrdRttal Zoning District: RSF-1 Exkstrtg zLand Use., Srnle fairly resider} 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 Rezoning Request Applicant: Brad Goodbread 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 I Applicant: Brad Goodbread Petition No.: 07-009-R Staff Report Rezoning Request �4. 33 32.4 a Subject �_ G Property 1 4L-r Staff Report Rezoning Request Applicant: Brad Goodbread Petition No.: 07-009-R s. 3 tw. c r►scts was � A ►n. mean p r #►� t#?+}�rft$iti Cd � wm"""It T 3G J : CMs *Tram rst � a OW aas,! n. mrxr .:s a T?a %mmvbm, Op it, #!n AaeaMr* rn. IV kwa a # tareY►t'r tf5st�lYal f3s t b?S'stylsa,accr Tnt. ls€t r tti!rtcr}t be m ttu 3'13rw Tr'lty �ItO'�7 39 0*110 bOOM I10'f ism Tar )i ►- SF --JO, Law+.r- on 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 rI in the matter of in the 191h Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of J 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. PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the C1 Council of the City of Okeechobee, Florida will on Tuesday, August 7, 2007 at :00 p.m. or as soon thareater passtk at City Hall, 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING on and there- after to consider final read 'ahg of the Ordinance halo law: NO.993: AN ORDINANCE OF THE CITY OF OKEECNOFLD RDA: AMENDING THE OFFI CUU. ZONING MAP OF OKEECHOBEE BY REZDNING A CERTAIN TRACT OF FROM RESIDENTIAL SIN- fi EDFAMNY ON MORE PARTICULARLY F l ONING DIDISTRICTTTTONLIGHT COMMERCIAL CL� ZONING DISTRICT, AMEN THE ZONING MAP ACCORDINGLY; PROVI�INB FOR CONFLICTS, SUERABILTTY AND AN EFFECTIVE DATE. The Ordinance is regarding Rezoning Petition No. 07-009-R, submitted by Brad Goodbread on behalf of property owners) G4 Land 3 Cattle Co., and George A. GoodbmW. The pel ton is to change zoning district from RSF-1 to CLT for property located at 2104 Southwest 2nd Avenue. Legal description: Lots 1 through 4 of Block 2, Royal Oak Addition Subdv'sion. This petition is associated with Coommpprehensive Plan Future Land Use Map Amendment Applk;abon No. 07-01 OSSA All members of the public are encouraged to atend and participate in said hearing. The proposed Ordinance maybe 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 for holidays, PLEASE TAKE NOTICE AND BE ADVISED that lf any person desires to appeal any decision made by the City Council with respect to any matter considered at this hearing, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Cleric In accordance with the Americans with Disability Act (ADA) and Florida Statutes 28626, persons with disabilities needing special accommodation to participate In this proceeding should contact Lane Garni*a no later than two (2) working days 00r to the goading at 863-763-3372 x215; 9hearing or voice impaired, cat TOO 1-800-3448 (voice) or 1-888-447-5620 M. Lane GamhMea, CMC, CITY CLERK 227639 ON 07n7ro7 :.•cs...•••............ . ...... I ... Sworn t d su d before me this wrrCONSTANCE L. HAWSE 11SwrPli Comm# DD0563848 ci,hof A.D. 20 Expires 6/14/2010 _.i %+..cce� , ,,.��` Florida Notary Assn.. Inc ..................................,.,..,..,.' Notary Public, State of Florida at Laree EXH181T NO. AUG 7 -1S'T READ EXH/81T NO. AUG 21- FINAL ORDINANCE NO. 988 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 MOBILE HOME (RMH) ZONING DISTRICT TO RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Vikki Aaron on behalf of the owner, Ronald Celli, of the property more particularly described hereafter, has heretofore filed Petition No. 07-010-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.311 acre(s) from Residential Mobile Home (RMH) Zoning District to Residential Single Family -One (RSF-1) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning petition; and WHEREAS, said petition(s) being reviewed by the City's Planning Board at a duly advertised meeting held on July 19, 2007, and submitted by staff report, which determined such petition(s) to be inconsistent with the Comprehensive Plan and is not appropriate with the zoning uses within the City; and WHEREAS, the City Council has not agreed with the recommendation of the Planning Board and hereby finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth; NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOT 1 AND THE EAST 10 FEET OF LOT 2, BLOCK L, ALSO, THE WEST ONE-HALF OF HIAWASSEE STREET, NOW SOUTHEAST 4T" AVENUE, LYING EAST OF AND ADJACENT TO THE LOT 1, BLOCK L, CENTRAL PARK SUBDIVISION, ACCORDING TO THE PLATTHEREOF RECORDED IN PLAT BOOK 2, PAGE 39, 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 Residential Multiple Family (RMF) Zoning Page 1 of 2 EXHIBIT NO. AUG 7 -1ST READ EXHIBIT NO. AUG 21- FINAL 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 7T" day of August, 2007. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 21st 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 JULY 19, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS -PAGE 2 OF 7 IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. III Chairperson Ledferd asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? There were none. V. OPEN PUBLIC HEARING - Chairperson. III CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:00 P. M. A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-011-SSA, submitted by Muhammad Application No. 07-011-SSA, submitted by Muhammad Nooruddin on behalf of Nooruddin on behalf of property owners Donald and Mary Ilgen. The application is to change the Future Land Use designation from property owners Donald and Mary Ilgen. The application is to change the Future Single Family (SF) to Multi -Family (MF) for property located at 103 Northeast 11 m Street. Legal description: Lots 18 and 19 of Block Land Use designation from Single Family (SF) to Multi -Family (MF) for property 18, City of Okeechobee Subdivision, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida and is located at 103 Northeast 11 th Street. Legal description: Lots 18 and 19 of Block approximately 0.488 acre(s) 18, City of Okeechobee Subdivision, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida and is approximately 0.488 acre(s) - Mr. Brisson representing LaRue Planning and Management presented the Planning Staff recommendation. He stated the Staff Planning Consultant. recommends approval citing compatibility with the surrounding area with no problems with potential facilities. He went on to report that this is a very good location due to the nearness of the hospital and Health Care Facility. Board Member Juarez announced that he was abstaining from voting due to owning property in the surrounding area. Chairperson Ledferd asked whether there were any questions from the Board or the citizens. There were none. Board Member Burroughs moved to find Comprehensive Plan Map Amendment Application No. 07-011-SSA consistent with the Comprehensive Plan, and recommend approval to City Council; seconded by Vice Chair Hoover. LEDFERD-YEA HOOVER -YEA KELLER-YEA MCCOY-ABSENT BURROUGHS - YEA JOHNS -YEA JUAREZ - ABSTAINING MAXWELL - YEA O'CONNOR -NON VOTING MOTION CARRIED. B. Consider Rezoning Petition No. 07-010-R submitted by Vikki Aaron on behalf of Consider Rezoning Petition No. 07-010-R submitted by Vikki Aaron on behalf of property owner Ronald Celli to change the zoning property owner Ronald Celli to change the zoning designation from Residential designation from Residential Mobile Home (RMH) to Residential Single Family -One (RSF-1) for property located at 314 Southeast 7" Mobile Home (RMH) to Residential Single Family -One (RSF-1) for property Street. Legal description: Lot 1 and the East ten feet of Lot 2 of Block L, also the West one-half of Hiwassee Street, now Southeast located at 314 Southeast 7t" Street. Legal description: Lot 1 and the East ten a Avenue, lying East of and adjacent to Lot 1, Block L, Central Park Subdivision as recorded in Plat Book 2, Page 39, Public Records feet of Lot 2 of Block L, also the West one-half of Hiwassee Street, now of Okeechobee County, and is approximately 0.311 acre(s) Southeast 4' Avenue, lying East of and adjacent to Lot 1, Block L, Central Park Subdivision as recorded in Plat Book2, Page 39, Public Records of Okeechobee11 Mr. Brisson presented the LaRue Planning Staff recommendation for denial based on the fact that this lot would be in the middle of the County, and is approximately 0.311 acre(s) - Planning Consultant. RMH Zoning and if something were to happen to the home, a mobile home could not be moved onto the lot. JULY 19, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 3 OF 7 V. PUBLIC HEARING CONTINUED. B. Consider Rezoning Petition No. 07-010-R continued. The best solution would be to deny the petition and amend the LDR's (ref. Sec. 90-162) to allow single family homes within a RMH Zoning District. Board Member Maxwell asked whether all mobile home parks have deed restrictions? Mr. Brisson suggested that the lot size be matched to other single family home lot sizes. Board Member Maxwell stated that since a single family home was not listed as a permitted use, but not listed as a non permitted use, could a single family home be constructed on, the lot in question? Mr. Brisson replied that would not be a good answer and could possibly create problems in the future allowing that thinking. Ms. Vikki Aaron spoke, representing the property owner, Mr Celli. She stated that this area is a mobile home subdivision, not a mobile home park. Chair Ledferd asked whether there were further questions from the board or the citizens. There were none. Board Member Maxwell moved to find Rezoning Petition No. 07-010-13 inconsistent with the Comprehensive Plan, and recommend denial to City Council on the basis of amending the LDR's, (ref. Sec. 90-162) to allow single family homes within a Residential Mobile Home (RMH) Zoning District; seconded by Vice Chair Hoover. VOTE LEDFERD-YEA HOOVER -YEA KELLER - YEA MCCOY -ABSENT BURROUGHS-YEA JOHNS -YEA JUAREZ-YEA MAXWELL-YEA O'CONNOR -NON VOTING MOTION CARRIED. QUASI-JUDICIAL C. Consider a Special Exception Petition No. 07-006-SE to allow an assisted living Consider a Special Exception Petition No. 07-006-SE to allow an assisted living facility within a Residential Multi -Family (RMF) Zoning facility within a Residential Multiple Family (RMF) Zoning District (ref. Code Book District (ref. Code Book Sec. 90-193(12)) submitted by Muhammad Nooruddin on behalf of property owners Donald and Mary Ilgen. Sec. 90-193(12)) submitted by Muhammad Nooruddin on behalf of property The subject property is located at 103 Northeast 11"' Street. Legal description: Lots 18 and 19 of Block 18 City of Okeechobee owners Donald and Mary Ilgen. The subject property is located at 103 Northeast Subdivision, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County and is approximately 0.488 acre(s). 11th Street. Legal description: Lots 18 and 19 of Block 18, City of Okeechobee Subdivision, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee11 Mr. Brisson presented the approval recommendation for the petition based on the consistency with the Comprehensive Plan and the County and is approximately 0.488 acre(s) - Planning Consultant. surrounding property. He also stated there were no density issues. Chair Ledferd inquired whether this was the same as a group home? Mr. Brisson replied it was not. Vice Chair Hoover asked whether this was an allowed use? Mr. Brisson answered yes. He further went on to state that this is an ideal neighborhood for an assisted living facility. Dr. Saaed Kahn spoke on behalf of Muhammad Nooruddin. Dr. Kahn reported that they have been researching this use for more than a year. The community has a real need for assisted living in Okeechobee. Currently there are no such facilities available. He reported that to find such a facility you had to go to the Coast. r uvnc. kov.J) ,v.r J.J Fax: (863) 763-1686 Uniform Land Use Application Rezone • Snecial Exception • Variance Name of property owner(s): Ronald Celli A P Owner mailing address: 1842 2nd Avenue N. Lake Worth, FL 33461 P L Name of applicant(s) if other than owner (state relationship): not applicable I Applicant mailing address: C A N Name of contact person (state relationship): Vikki Aaron — agent LTJ Contact person daytime phone(s): 863-467-4768 Fax:863-467-4618 Property address / directions to property: 314 SE 7th Street indicate current use of property: vacant residential Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): none .Approximate number of acres: 0.311 ac . Is propem in a platted subdivision? Yes I i2 t.rnan.e 11 .( x>_ dc�cn!,,,e No O P E Have there been any land use applications conceming all or part of this property in the last year? If so, indicate date; nature and applicant's name: No R Is a sale subject to this application being granted? No T is the subject parcel your total holdings at that location? If not, describe the remaining.or intended uses: Yes Describe adjoining land uses / improvements to the North: Residential South: Residential East: Residential West: Residential Existing zoning: RMH Future Land Use classification: SF Actions Requested: ( X )Rezone O Special Exception L_) Variance Parcel Identification Number: 3-22-37-35-0030—OOOLO-0010 V Confirmation of Information Accuracy I hereby certify that the information in this application is cotTect. 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 5500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. Z O N If granted, will the new zone be contiguous with a like zone? No, but RSF1 is located across the E street and further to the west- - 11 Is a Special Exception necessary for your intended use? No Variance? No Describe the Special Exception sought: S P E C Provide specific LDR ordinance citation: I A L Are there other similar uses in the area? If so, describe- E x C E Why would granting your request be in the best interest of the area and residents? P T 1 - -- 11 {�_aine�, hrie!l. uc-�cnh� nai��rr a �ludit�, Pik-,�� n^1�_.,�:_ huur;_ note een:r�n�!� and si rniu�- fhe LJ Describe Variance sought: V A R Describe physical characteristic of property that makes variance necessary: I A N C Did you cause or contribute to the characteristic? is so, describe_ What is the minimum variance necessary? Property Owner and Applicant Statement of Interest in Property I, Ronald Celli am the record title owner of the property located at 314 SE 7`h Street and legally described as Lot 1 and the East 10 feet of Lot 2, Block L, Central Park Subdivision, according to the plat thereof recorded in Plat Book 2, Page 39, Public Records of Okeechobee County Florida. Also: West I/2 of Hiwassee Street, now S.E. 0 Ave, lying East of and adjacent to Lot 1, Block L, Central Park Subdivision according to the plat thereof recorded in Plat Book 2, Page 39, Public Records of Okeechobee County, Florida. The intent of the attached application is to secure a change in zoning from the existing classification of Residential Mobile Home (RMH) to Residential Single Family (RSF) to allow for the construction of a site built home. Nama: JlA M C IRS jr) i3oJE Addn.c Pmpmry ApprN.are Pbeel tdananrallan 3 — -2� — _%,?7 _ 3 j . o FOND Nutllaer(a): Q O eD G,O -- Om( O Gram..l.) N.S. a L) 00 S O I OKEECtiOF':•�f Gu. r+.. 95110V 29 Ali 8+2 SHAROM R08ERISOfI- CLERK OF CIRCUIT COLIC-- f PACEASOVETHISUME FOR PROCESSING DATA SPACEASOVE THIS LINE FOR RECORDINGDATA ' %4io (QUit (,gl} iM pt2b, Executed the 28TH day of NOVEMBER RONALD CELLI TRUST first party, to KUNALll whose post office address is second party. 1995 ,by M"Faver wed h,a,edu term.'iest pert{ and'sar—d parrs inetuae all me pair..l to Me m 11—nl end lh.een..iepatuptafaprerivb. end'$Hgmm indnedwh..nddn aueeaimn ends 41.. atempprm,om. whe—, the comsat faa rsamnwl Pitnesset%, That theft st arty j r and in consideration of the sum of $ in hand paid by the said sec o arty, a receipt whereof is hereby acknowledged, does hereby remise, release, and quit claim unto the second or all the right, title, interest, claim and demand which the said first party has In and to the following d sc ed piece or parcel of land, situate, lying and being in the County of OKEECHOBEE State of FLORIDA ,to -wit: LOT 1 AND THE EAST TEN I.OT 2, BLOCK L, CENTRAL PARK SUBDIVISION, ACCORDING �E3 T THERE OF RECORDED IN PLAT BOOK 2, PAGE 39, PUBL•C COR OF OKEECHOBEE COUNTY FLORIDA. ALSO: WEST 1/2 OF HIWA E ) NOW S.E. 4TH AVE, LYING EAST OF AND ADJACENT TO LOT 1, K L, CENTRAL PARK SUBDIVISION ACCORDING TO THE PLAT THE OF O ED IN PLAT BOOK 2, PAGE 39, PUBLIC RECORDS OF OKEECHO FLORIDA. to paite aktb to Aalb The same together with all and singular rite appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity to the only proper use, benefit and behoof of the said second party forever. eDn Witness Whereof, the said first party has signed and seated these presents the day and year first above written. d, sealed and delivered in the presence of., 1 J ., siaet.me b l Plofl Ui'{`�,V biab e Printed pd... wiluna�si.,p...... IIj re �11- oast) ieL/�ft /J ?1',riA.w�7 � PrintedI N.— A �/�� ed Wane.. Sienuurc 1.. In Cefikflni . if aPr) Hinted N... WMer, Sipnnwe 1- w C, Gmtur. if enpl P,ipf.d Nam. CJ� (Ifaato, sip.— RONALD CELLI Prlmd Name Past OtU,r. Addrue C! Ce Qxe lm Siammre: tit ..r) ( Mardi Name Post Office Addrn. STATE OF (- LoQi O A ) r� 1 hereby Certify that on this day, before me, an officer duly authorized CONTY OF 014- — to administer oaths and take acknowledgments, personally appeared known to me to be the person_ described in and who executed the foregoing instrument, who acknowledged before me that executed the sumo, and an oath was not taken. (Check onc:)63'Said person(s) +stare personally known to Inc. O Said person(s) provided the following type of identiGCation: .r,..__!..........,1 ..,e ,.ra.:.t —i m rI,e r„umv and State last aforesaid Property Owner and Applicant Statement of Special Reasons and Basis for Request Ronald Celli currently owns the subject property previously described in the attached petition. The property is approximately 0.311 acres in area and was previously developed with a manufactured home. In March of 2007 the manufactured home was destroyed by fire. The property is currently zoned Residential Mobile Home (RMH) and lies within the Single Family (SF) future land use classification of the Comprehensive Plan as adopted by the City of Okeechobee. The applicant wishes to construct a single family residence on the property. The proposed use is compatible with surrounding land uses in the general area and would not adversely affect property values or living conditions in the area. In accordance with city regulations, a change in zoning will be required to allow the construction of a single family residence. The applicant respectfully requests that the Planning Board recommend that the City Council grant the request for a change in zoning from the existing classification of Residential Mobile Home (RMH) to Residential Single Family (RSF1). Property Owner and Applicant Intended Use, Nature of Activities and Development of Property Ronald Celli currently owns the subject property previously described in the attached petition. The property is approximately 0.311 acres in area and was previously developed with a manufactured home. In March of 2007 the manufactured home was destroyed by fire. The applicant wishes to construct a single family residence on the property. The proposed use is compatible with surrounding land uses in the general area and would not adversely affect property values or living conditions in the area. The subject parcel has adequate area for ingress and egress with an access point fronting on S.E. 7`h Street. The need for screening and buffering is not anticipated given the subject property is in an area designated specifically for future residential development. The proposed use will not increase the density pattern nor will it create traffic congestion, flooding. drainage problems or otherwise adversely affect public safety. Property Owner and Applicant Existing Use of Surrounding Property Ronald Celli currently owns the subject property previously described in the attached petition. The property is approximately 0.311 acres in area and was previously developed with a manufactured home. In March of 2007 the manufactured home was destroyed by fire. The property is currently zoned Residential Mobile Home (RMH) and lies within the Single Family (SF) future land use classification of the Comprehensive Plan as adopted by the City of Okeechobee. To the North of the subject property are both site built homes and manufactured homes in Residential Single Family (RSF 1) and Residential Mobile Home (RMH) zoning districts within a Single Family future land use classification. To the East of the subject property are manufactured homes in Residential Mobile Home (RMH) zoning districts within a Single Family future land use classification. To the West of the subject property are manufactured homes in Residential Mobile Home (RMH) zoning districts within a Single Family future land use classification. Further to the West are site built homes in Residential Single Family (RSF1) zoning districts. To the South of the subject property are manufactured homes in Residential Mobile Home (RMH) zoning districts within a Single Family future land use classification. I REET 1—, 01 JIT d 6 4 1 a W SA 4 TH STREET 8.E, 4TH STREET SIT tr T-7 4 9 10 1112 IQ II 9 lAfiAC I. 11 1A 3) id it B.W. a H STREET S.E. STH STREET I,V.rv'r 5 4 1 22 4 5 ]G 'T 11 S.W. A- ''T OTH STREET Z 0- 2 ST8 CT 3.1 116, a 2 031 2� tl ol121 &a. TTH 8TREE— ueAn M L11411 8TH get i � ., a o 7 1. 9 lu II 1 � , ._ , _..tt ... a—�-"`�— � �---] �..L.�+1_ ,!..__IW�]. � u � _ __r /// BE BTH 0 QA '51AZ OURT S.E. A N SrAj at 7J A; 184 -- ----- — �4 71 URr eW �l Ol fa l YR-2 e _r , X1 a�rt I l____....._.,.__..__ _ T. -71 fiAC 11 S.E.14TH COURT <.�WALE � " ?wnTEFvsWES �tNaLE 6 E III I : <iE RJIGE PG+IL- �� g '.t/ 5/DIkoN tzov WIT" LdP I p 7C. 0 T ro p Il s z I ILL X II a 4 LdK II I Q - --V W LL 1 Q {� )L Qll� Y o Q p d a 0 f9 V nil 4 n � D Ir 3 j J ,� I I u U F 0 J C 7 D 7 m « o m FF 11 � CULKIAE I-D �J r�.00�i1-� — l'LATTeP_— UJ I T" C '=P .1f, Rom 1UITN CAP 42-IV i LOT $ EX I S—r I ►�1 L� G A tJ A L �Gfz1 PTIo�A I�oT I I THE EAST lD.oc7 FEE l 6)l= L-oT 2 r gLOGIc L , AIJp AI�So T1-1F_ tlJEST P NIVVASSEE S-TtzEEi l IJo�V AggtJpOhtt✓pr NEA2 LoT I I 1-LOGI< L l ALL AGC�r=t�ING TO THE PLAT p♦: "GEh1T2ALL PAMr," 1 IZEGOrzt-�)Et7 lU PLt*`T t3ppK 2 AT PAGE 5%,� (:.?F- THE PULLIL MEGo2VS c)F OKEEGr-1ot5EE GouQ-r-J I FL-012-IpA . Surveyors Notes 1- Reproductians of this sketch art, not valid unless embossed with the surveyors esol and have the original sipralors of the surveyor. 2. Lands shown hereon were not abstracted by this office for Rights -of -wove. Eossments of Retard, Ownership, Abandonments, Deed R.WfOlans, Zoning or Zoning Set -backs, Land Use Plan Designation ar adjobfng deeds. 1 There may be additional r"Wctians that ore not Shp" an tlrb ek eleh that may be found M the aubft records of this county. 4. Legal description shown hereon was Provided by the client and/or his agent. 5- Described property is located in4Aeed-7 - F-In,jr- Surveyors Certificate 1 hereby certify that the attached Map of Survey of the hereon described property Is True and Correct to the best of my knowledge and belief a* survsywd In the field undo, my dbectlon an ,Aare ,)-tl IBBd I further certify that MA survgy meet* the Minimum Technical Standards get forth Ian Ruts 21-W_6 adopted by the (tondo Board of Land surv*yors, pursuant 10 norldo Statute 472.027. There are no above ground enarcoehments other than those shown hereon. sub)W to the auaBticotlons noted hereon. Dated this ST day of j LIL.>4_ 1991 General Information Applicarit Address: 1842 2"d Avenue lU: Lake Worth, Florida 33461 , Contact Phone Number: 863-467-4768 Future Land Use Map Single Family Residential Single Family Residential '- Classification 2on►1 ��i� RAl1H RF1.... _.N Use of Property Vacant Residential Single Family Residence Acreage A 31 Access SE 71h Street Location: 314 SE 71h Street Legal Description: Lot 1 and the East 10 feet of Lot 2, Block L, CENTRAL PARK SUBDIVISION, according to the plat thereof recorded in Plat Book 2, Page 39, Public Records of Okeechobee County, Florida. Also: West '/2 of Hiawassee Street, Now S.E. 41h Avenue, lying East of and adjacent to Lot 1, Block L, CENTRAL PARK SUBDIVISION, according to the plat thereof, recorded in Plat Book 2, Page 39, Public Records of Okeechobee County, Florida. The applicant is requesting to rezone the above -described property from RMH to RSF-1 to construct a single-family residence on property that is in a Mobile Home Zoning District. North: Future Land Use Map Classification: Single Family Residential honing District: RSF-Land RMH Existing Land Use: Single family residence and mobile homes East: Future Land Use Map Classification: Single Family Residential Zoning District: RMH $xistpg; l.and,lJse: I�lolle homes{ W. .1 .- 1 �.-..1 1 1�� 1A �.� /'I��...L.....1....... C�....:.1.. C.. w..l.. ii .......1...-.i:.l ' P ngaip Existing Land Use: Mobile homes West: Future Land Use Map Classification: Single Family Residential Existing Land Use: Mobile homes The subject was previously developed with a manufactured home which was consistent with the current zoning of RMH. The home was destroyed by a fire and the applicant would like to construct a single-family site built home on the property. Since the RMH zoning does not permit conventional single-family uses, the applicant is requesting to rezone the property to RSF-1. Conventional single-family uses and manufactured housing are not inherently incompatible. In fact they frequently coexist in close proximity to one another. For example, there is a single- family home immediately to the north across S.E. 71h Street, and another slightly east at the corner of S.E. 7th Street and S.E. 2"d Avenue. Both of these single-family properties are outside of the mobile home park and are zoned RSF-1. However, rezoning the subject property in the midst of a mobile home park, to RSF-1, a district that does not permit mobile homes, is not an appropriate solution. The proposed use is not contrary to Comprehensive Plan requirements. No. The proposed single-family use is not contrary to the Comprehensive Plan require- ments. Policy 2.1 (a) establishes the Single Family Residential category on the Future Land Use Map where this property is located. This land use category allows single family residences as well as mobile homes in mobile home parks. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes. Section 90-102(1) of the Land Development Code allows single family dwellings as a permitted uses under the RSF-1 Zoning District. 3. The proposed use will not have an adverse effect on the public interest. It is not in the public interest to create an isolated RSF-1 district within an established mobile home park, thus precluding another mobile home from being placed on the lot in the future. 4. The use and zoning is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. A single-family use is appropriate in the sense that is simply another form of low density I GLUI III Raj. UIV -IUUJUUL PI UPUI Ly IV a1I IJlal lu US n.Jl -I VVILI III QII CiJLQUIIJI IUU II IVUIIU ISul I Iv park would jeopardize the established land use pattern and the consistency of the zoning pattern. This does not represent good planning policy. 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. The proposed use itself would not adversely affect property values or living conditions in the area. While the mobile home park is almost fully developed, there remain a few undeveloped lots. Allowing single-family homes within the mobile home park may encourage the development of these properties and further beautification of existing properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood If required, this use could be buffered from surrounding uses, but it is unlikely that other owners would consider a site built home to be a nuisance. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No. Neither rezoning the property to RSF-1 nor allowing a single-family use would create a density pattern that would overburden public facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No. The use will not create traffic congestion, flooding or drainage problems 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No. The only restrictions placed on this property are those which are set forth in the City's Land Development Code and Comprehensive Plan. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Yes. If this petition is granted, it could be construed as a grant of special privilege to an individual owner as contrasted with the public welfare. By allowing RSF-1 at this loca- tion, the City would be creating an isolated zoning district within an already established and stable neighborhood. This would also be setting a precedent for similar requests in the future. In summary, the applicant's request has met some, but not all, of the requirements for the granting of a rezoning. If allowed, this Zoning District would be an isolated district. From a planning standpoint, granting this request could be seen as the City granting this applicant's request where other applicants' were denied. If the City wishes to allow conventional, site built, single-family homes within mobile home parks, it would be preferable to include this use as a special exception in the RMH District. In order to be consistent with the City's maximum density for single-family homes in the Single - Family Residential land use category, staff suggests that the minimum lot size for such uses be 10,000 square feet, as it is in the RSF-1 district. This approach would permit the City to review and consider such requests on a case -by -case basis. Staff does not recommend approval of the request to allow rezoning from RMH to RSF-1 permitting the applicant to construct a single-family dwelling on the subject property. Submitted by. James G. LaRue, AICP Planning Consultant July 9, 2007 Attachments — Zoning map and aerial �. ��3 ' � .�� _Y � � � �� -x - �:. (2) Mobile home park, with one mobile home per lot. (3) Hurricane shelter. (4) Public and private schools. (5) House of worship, on a lot of at least five acres. (6) Open space. (7) Public facility or use. (8) Site -built or manufactured single-family home. Sec. 90-165. Lot and structure requirements. Except where further restricted by these regulations for a particular use, the minimum lot and structure requirements in the RMH district shall be as follows: (1) Minimum area. a. Mobile home park: Area 10 acres b. Mobile home subdivision: Area 10 acres C. Recreation vehicle park: Area 10 acres (2) Minimum lot area. a. Mobile home: Area 5,000 square feet Width 50 feet b. Single-family home Area 10,000 square feet Width 75 feet 1} c. Other permitted principal uses: Area 10,000 square feet Width 100 feet (3) Minimum yard requirements. Except where a greater distance is required by these regulations for a particular use, the minimum yard setbacks in the RMH district shall be as follows: a. District yard minimum: 20 feet on all property boundaries b. Mobile home and Single-family home: Front Side Rear 20 feet 10 feet 10 feet C. Other permitted principal uses: Front Side Rear 25 feet 20 feet 20 feet Maximum lot coverage by all buildings. Maximum Coverage Maximum Impervious Surface a Mobile home, recreation vehicle: 50 percent 50 percent b. Single-family home: 45 percent 50 percent 11 rwi-v r.orm;ltor] nr;n,-;nal i7CPc' in nernent 50 nercent ORDINANCE NO. r)6-) V AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING FOR A COMPREHENSIVE AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS, ORDINANCE NO. ; DIVISION 5 THEREOF, FROM SECTIONS 90-561 THROUGH 90-600; PROVIDING FOR RESCISSION OF THESE SECTIONS IN THEIR ENTIRETY; PROVIDING FOR CREATION OF DIVISION 5 SIGN ORDINANCE; PROVIDING FOR ENACTING A UNIFORM SIGN CRITERIA; PROVIDING FOR REGULATION OF SIGNAGE AS PROVIDED HEREIN; SETTING FORTH DEFINITIONS; REQUIREMENT OF PERMIT AND MAINTENANCE; PROVIDING FOR EXEMPT AND PROHIBITED SIGNS; PROVIDING FOR TEMPORARY SIGNS; PROVIDING FOR SIGNS IN COMMERCIAL AND RESIDENTIAL AREAS; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the City of Okeechobee, Florida has a legitimate public interest in the regulation of signs within the City, to provide to the public a uniform sign regulation that preserves the aesthetics within the City and protects the health. welfare and safety of its citizens; and adequately displays commercial message; and WHEREAS the existing sign ordinance does not present a comprehensive regulation of signage within the City, and due to the evolution of sign regulations since the enacting of the original ordinance, by virtue of litigation and enactment of more comprehensive and innovative ordinances by other municipalities, it is necessary to totally redraft such regulations for the City of Okeechobee; and WHEREAS it is appropriate to set forth the purpose and intent of the ordinance within the Land Development Regulations to illustrate the basis and reasoning for enactment of such regulations; THEREFORE (etc.) I. That the city council for the city of Okeechobee, Florida enacts herein Article IV, Supplementary District Regulations, Division 5, as follows: DIVISION 5. SIGNS Sec. 90-561. Purpose and Intent. It is widely recognized that the City of Okeechobee is a predominantly rural community, with reputation as an area comprised of agricultural uses, along with residential and light commercial activities. The City has traditionally permitted advertisement within the city appropriate to the use or purpose, while attempting to preserve and maintain the natural look and character of the city as a quiet and visitor -friendly community for those wishing to enjoy the atmosphere of a small town. The city council recognizes that there are various persons and entities that have an interest in communicating with the public through the use of signs that serve to identify businesses and services, residences and neighborhoods, and also to provide for expression of opinion. The council is also responsible for furthering the city's obligation to its residents and visitors to maintain a safe and aesthetically pleasing environment where signs do not create excessive visual clutter and distraction or hazards for pedestrian and vehicles; where signs do not adversely impact the predominantly residential character of the city, and where signs do not conflict with the natural and scenic qualities of the city. It is the intent of the city council that the regulations contained in the article shall provide uniform sign criteria, which regulate the size, height, number and placement of signs in a manner that is compatible fo the residential scale and character of the city, and which shall place the fewest possible restrictions on personal liberties, property rights, free commerce, and the free exercise of Constitutional rights, while achieving the city's goal of creating a safe, healthy, attractive and aesthetically pleasing environment that does not contain excessive clutter or visual distraction from right-of-ways and adjacent properties; the surrounding natural rural environment and residential neighborhoods. Sec. 90-562. Compliance with division provisions. Except as provided or otherwise prohibited in this division, every sign erected on land, attached to a building, wall, fence, pole, tree, or surface, that is constructed, moved, replaced or substantially altered, shall comply with the regulations of this division. Routine maintenance, repainting or permissible changing of copy or content shall not be considered a substantial alteration. Sec. 90-563. Permit and plan required. (a) Except as otherwise provided in this division, no sign shall be erected, operated, used, maintained, enlarged, illuminated or substantially altered until a permit has been issued. (b)A separate application for a permit shall be made for each separate advertising sign or advertising structure, except for customary window displays, official public notices and court markers required by Federal, State or local regulation; also excepting newspapers, leaflets and books intended for individual distribution to members of the public; attire that is being worn, badges and similar personal gear. (c) The application permit shall describe in words and picture form the size, shape and nature of the proposes sign or advertising structure, and its actual or proposed locations with sufficient accuracy to ensure its proper identification. (d) The application for a permit shall be signed by the applicant or his authorized agent, and by the property owner, if different from the applicant. (e) For multiple occupancy commercial buildings, individual occupants, owners or tenants may apply for a sign permit, but they shall be issued in the name of the lot owner or agent, rather than in the name of the individual occupants. The lotibuilding owner or their agent shall be solely responsible for allocating allowable sign area and location to individual occupants, owners or tenants, and not the City, subject to these regulations. Sec. 90-564. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicated a different meaning. Animated Sign means any sign or part of a sign, including the advertising message, which changes physical position by means of movement. Automatic changeable message devise means any sign, which through a mechanical, electrical, solar or other source of power is capable of delivering messages which rotate, or appear to rotate, change or move at any time and in any way, including tri-vision or multi -prism sign faces. Billboard means any type of off -sight signs of a type of permanent freestanding sign, where the top of the sign is in excess of thirty (30) feet above the ground, and which is one hundred one (101) square feet or more in sign face area. Clear visibility triangle means on a corner lot, the triangle of land formed by a straight line connecting two points located on, and 35 feet from, the intersection of the two street property lines. Facade means that area of a building within a two-dimensional geometric figure coinciding with the outer edges of the walls, windows, doors, par\pets, marquees, and roof slopes greater than forty-five degrees of a building which is owned by or under lease to a single occupant. Freestanding sign means any sign, which is incorporated into or supported by structures or supports in or upon the ground, independent of support from any building. Freestanding sign includes pole sign, pylon sign, ground sign or monument sign or "sandwich sign" Geometric shape means any of the following geometric shapes used to determine sign area: square, rectangle, parallelogram, triangle, circle or semicircle. Home occupation means a business, profession, or trade conducted within a dwelling for financial gain by an occupant of the dwelling. Illuminated sign means any sign which contains a source of light or which is designed or arranged to reflect light form an artificial source including indirect lighting, neon, incandescent lights, backlighting, and also shall include signs with reflector that depend upon motor vehicle headlights for an image. Occupant means any single commercial use (any use other than residential) Permanent sign means any sign, which is designed, constructed, and intended for more than short term use, including freestanding signs and building signs. Roof line means a horizontal line intersecting the highest point or points of a roof. Roof sign means a sign placed above the roof line of a building or on or against a roof slope of less than forty-five degrees. Sign means any identification, description, illustration or devise illuminated or non - illuminated which is visible from any outdoor place or location, open to the public and which directs attention to a product, service, place, activity, person, institution, or business thereof, including any permanently installed or situated merchandise, or any emblem, painting, banner, pennant, placard, designed o advertise, identify, or convey information with the exception of customary window displays, official public notices and court markers required by Federal, State or local regulations; also excepting newspapers, leaflets and books intended for individual distribution to members of the pubic, attire that is being worn, badges, and similar personal gear. Florida building code. The term shall exclude architectural features or part not intended to communicate information. Sign area means the area within the smallest regular geometric shape which contains the entire sign copy, but not including any supporting framework, braces or supports. Sign copy means the linguistic or graphic content, including trim and borders, of a sign. Sign face means the part of the sign that is or may be used to display sign copy. Sign height means the vertical distance from the finished grade at the base of the supporting structure to the top of the sign, or its frame or supporting structure, whichever is higher. Sign structure means any construction used or designed to support a sign. Snipe sign means any sign of any material, including paper, plastic, cardboard, wood or metal when tacked, nailed or fastened in any way to trees, poles, stakes, fences, the ground, or other objects where such sign may or may not be applicable to the present use of the property upon which such sign is located. Temporary sign means any sign which is designed, constructed and intended to be used on a short-term basis. A permanent sign with periodic changes to the message shall not be considered a temporary sign. Vehicle sign means any sign affixed to any motor vehicle, horse drawn carriage or wagon, trailers. Wind sign means any devise, including but not limited to one or more banners, flags, pennants, ribbons, spinners, streamers or captive balloons, or other objects or material fastened in such a manner as to move, shimmer, vibrate or wave upon being subjected to pressure by wind. Sec. 90-565 Maintenance of Signs. (a) All signs allowed by this division, including supports, braces, guys and anchors, )b) The vegetation around, in front of, behind, and underneath the base of freestanding signs for a distance of ten feet shall be neatly trimmed, and free of unsightly weeds, and no rubbish or debris that may constitute a fire hazard or health hazard shall be permitted under or near the sign. (c) Signs and sign structures shall always present a neat and clean appearance; any sign not in this condition be virtue of age, weathering, fading, tearing or loose fabric, or other defect shall be corrected within thirty days of written notice. Sec. 90-566 Right of entry and inspection Appropriate city employees or code officers in the performance of their function and duties and under the provisions of this division may enter into and onto any lands upon which advertising signs or advertisements area displayed and make such inspections and surveys as may be relevant subject to constitutional limitations and state law. Sec. 90-567 Exempt signs. (a) Within all non-residential zoning districts, the following signs shall be considered as m peritted signs and shall be exempt from the requirements to obtain a sign permit as set forth herein, if they are not considered to be prohibited signs. 1. Decals, limited to those as required by law, which are affixed to or painted upon store windows, store equipment, fuel pumps or other types of vending equipment used for dispensing retail products. 2. Lettering only, for the purpose of providing ownership, licensing and emergency contact information, when placed upon doors and windows of lawfully licensed businesses, with letters not exceeding three inches in height, and limited to a maximum of two square feet. 3. Signs within a building that are not visible from the exterior of the building. This shall not include window signs affixed to the interior of windows, which are visible from the exterior. 4. Building signs, historical markers, memorial signs, tablets or plaques, or the name of a building and the date of erection, when the same are cut into the masonry surface or when constructed of bronze or other similar metallic materials. 5. Professional nameplates for physicians, surgeons, dentists, lawyers, architects, teachers and other like professional persons placed on the premises occupied by the person, not exceeding one square foot in sign face area, provided such professional has a valid business license as may be required for the particular profession to be operated on those premises. 6. Signs denoting only the name and profession of an occupant of a building, placed flat against the exterior surface of the building and not exceeding three square feet in sign face area, and provided such occupant has a valid business license as may be required to operate clays of ttie particular nay being eeiebratea. 8. Construction signs located on a parcel being developed, for the time period of the building permit, or one year, whichever is shorter, and the sign shall not exceed twenty four square feet. 9.On-site directional and traffic control signs of no more than four square feet of sign face, and providing that business logos or other non -traffic control symbols do not exceed twenty five percent of total sign face area. (b) Within all zoning districts, the following signs shall be considered as permitted signs and shall be exempt from the requirements to obtain a sign permit, if they are not considered prohibited signs as set forth herein. 1. Not more than one real estate sign advertising the sale, rental or lease of the premises upon which the sign is located. Such signs shall not exceed six square feed in area, and four feet in height. 2. Signs noting the architect, engineer or contractor for a development or project when placed upon work under construction, providing the sign be removed within fifteen days of issuance of certificate of occupancy. such signs shall not exceed six square feet in area, and six feet in height. 3. Signs as required by law to display building permits or other similar public notices. 4. Traffic signs, street name signs, legal notices of public meetings or zoning/land use change„ danger signs and temporary emergency, when erected by city, county, state or federal agencies. 5. No trespassing and private property signs not exceeding two square feet in area. 6. Vacancy or no vacancy signs not exceeding two square feet in sign area. 7. Temporary political campaign signs announcing the candidacy of a candidate for public office not exceeding four square feet in sign area in residential areas, and not exceeding maximum size set forth herein for freestanding signs in commercial and industrial areas. The placing of political signs on city property or rights of way is prohibited. Illegally placed signs shall be removed without notice by the code enforcement officer, and all political signs shall be removed within 72 hours of the election or primary for which the candidate is running. Any such signs removed by the city may be cited against the candidate for code violation under ch. 162 Florida statutes, and all actual costs incurred in removal of such signs shall also be assessed in such action. 8. Religious symbols and displays. 9. Garage and yard sale signs within residential districts only, not to exceed two square feet in sign area; such signs shall not be erected in public rights of way, on telephone poles, trees or fences , and shall be removed the same day as the last day of the sale. No such signs shall be permitted for a period in excess of three consecutive days. Sec. 90-558 Prohibited signs 1. Signs that violate building or electrical codes. 2. Any signs that presents safety, traffic or pedestrian hazard, including signs which obstruct visibility or are located in the clear visibility triangle 3. Blank signs, or signs that have faded or eroded to the extent no message or display is discernable. 4. Signs with visible moving, revolving or rotating parts, or visible mechanical movement, or other apparent visible movement achieved by electrical, electronic or mechanical means, excepting for governmental traffic devise and sign age. 5. Signs with the optical illusion of movement by means of a design that presents a pattern capable of giving the illusion of motion or changing copy. 6. Signs with lights or illumination that flash, move, rotate, blink, flicker, scroll, or change in intensity or color, except signs of this type that provide time and temperature only. 7. Strings of light bulbs used on commercial properties to promote commercial uses, other than holiday decorations. 8. Wind signs. 9. Signs that incorporate projected images, emit any sound that is intended to attract attention. 10. Signs that emit audible sound, odor or visible attention, such as smoke or steam. 1 l . Signs or sign structures that interfere with the use of any fire escape, emergency exit or standpipe. 12. Non -governmental signs that use the words "stop", "look", "danger" or similar word or phrase. 13. Signs that obstruct the vision of pedestrians, cyclists, or motorists traveling on or entering public rights of way, including sidewalks. 14. Signs within ten feet of a public right of way, or within one hundred feet of a traffic light, which contain green or red lights, that might be confused with traffic control devises. 15. Search or spot lights used to advertise or promote a business or event, or to attract customers to the location. 16. Signs erected on public property without the permission of the appropriate public authority, other than signs erected by public authority for public purposes, and signs authorized in writing pursuant to F.S. 337.407. 17. Signs erected over or across any public street, on public rights of way, or in the city park, except those that the city would permit for temporary or charitable civic functions, such as including but not limited to, church events, cattlemen's rodeo, speckled perch festival, holiday parades, chamber of commerce events, and the like as approved by general services. 18. Portable signs, including but not limited to those inserted or fastened to the ground by stake or wires, similar to a political sign; signs mounted on a trailer or towable frame typically surrounded by flashing lights and an arrow with sign display area. 19. Roof signs, as defined in this division. 20. Signs placed, erected or posted on trees, telephone or utility poles, lampposts, hydrants, fences, or any public building, or within the public park. 21. Billboards, as defined in this division. 23. Snipe signs, as defined in this division. 24. Signs placed on benches, bus shelters, or waste receptacles except as may be authorized in writing pursuant to F.S. 337.407. 25. Signs on motor vehicles, trailers, boats, or other transportable devise in a sign area in excess of ten square feet total, when such vehicle, boat, trailer or devise is: (A) parked for a period in excess of ninety minutes within 100 feet of any park, municipal building, or right-of-way; and, (B) such is visible from a street right-of-way that the vehicle, boat, trailer or devise is within 100 feet of. Sec. 90-559 Sign area computation (A) For freestanding signs, the sign area shall be the area within the smallest geometric shape that touches the outer points or edges of the sign face. (B) For building signs, except murals, the sign area shall be the area within the smallest geometric shape that touches the outer point of raised portions of the sign, or all of the borders or trims, or in the absence of such border or trim, the outer points of the letters or pictures. (C) For freestanding signs where two sign faces are placed back to back on a single sign structure, and the faces are at no point more than four feet apart, the sign area shall be the area of one of the faces. (D) For freestanding signs, where four sign faces are arranged in a square, rectangle, or diamond, the sign area shall be the area of the two largest faces. (E) Where a freestanding sign or building sign is in the form of a three dimensional object, the sign area shall be the area within the smallest geometric shape that touches the outer points or edges of the largest possible two dimensional outline of the three dimensional object and multiplying that area by two. Sec. 90-560 Permitted temporary signs. 1. Any temporary sign not complying with the requirements of this section is illegal and subject to immediate removal by the city. 2. The following temporary signs are permitted without a sign permit, provided that the sign conforms to the requ14rements set forth below: 3. Signs to indicate that an owner, either personally or through an agent, is actively attempting to sell, rent, or lease property on which the sign is located, provided that the sign: (A) does not include the price, terms or similar details. (B) is not illuminated in any manner so as to create a traffic hazard or distraction, or constitute a nuisance to any adjacent or surrounding property. (C) does not exceed six square feet in area in residential districts. (D) does not exceed thirty-two square feet in all other districts. (E) is removed immediately after sale, lease or rental. months that the occupancy is open for business, and that the sign is not placed on the public right of way. 5. Construction site identification signs provided that the sign: (A) does not exceed six square feet in sign area. (B) is not displayed more than sixty days prior to the beginning of actual construction of the project. (C) is removed within fifteen days after the issuance of the final certificate of occupancy (D) is removed if construction is not initiated within sixty days after the message is displayed, or if construction is discontinued for a period of more than sixty days, pending initiation or continuation of construction activities. (E) is not located on a public right of way. 6. Signs to announce or advertise such temporary uses as fairs, carnivals, circuses, revivals, sporting events, festivals or any public, charitable educational or religious event or function, provided that the sign: (A) is located on the lot where the event will occur. (B) is not displayed more than two weeks prior to the event; and (C) is removed within three days after the event. 7. Permitted temporary signs shall not be counted as part of allowable area for freestanding or building signs. 90-561. Freestanding monument signs. Freestanding monument signs are permitted within all commercial and industrial districts, provided that; 1. the sign area for each multiple occupancy complex and each occupant not located in a multiple occupancy complex in commercial and heavy commercial zoning districts , and CBD shall not exceed ninety eight square feet in area, or 8 feet in height. 2. No development shall have more than one freestanding monument sign. 3. They are located consistent with all applicable set back requirements and are not located in a public right of way. 90-562. Building Signs. 1. Building signs for buildings with a single business or occupant; exceed sixty square feed of sign face area (for example, if the width of the building facing the front of the lot is fifty feet wide, the maximum total sign face area for all building signs ifs fifty square feet. B. Not more than three building signs shall be allowed on any one side of a building. Where building signs are placed upon more than one side of the building, the combined sign face area, shall not exceed the amount permitted by section A above. 2. Building signs for buildings with multiple businesses or occupants. A. One share foot of sign face area for each linear foot of the unit occupied by one business or occupant, provided that no such building sign shall exceed forty eight square feet of sign face area for any one business. (for example, if the width of a unit or several units occupied by one business is twenty four feet, then one sign, a maximum of twenty four square feet of sign face is permitted) B. Building signs for different occupants shall be separated by a minimum distance of thirty six inches. 3. In lieu of the above described fascia signs, a business may install a single bracket sign or a single marquee sign in accordance with the following: A. The maximum size of a bracket sign or a marquee sign shall be determined in the same manner as a fascia sign, provided that no such sign shall have more than sixty square feet of projected sign face area. B. There shall be not more than twelve inches of clear space adjacent to the building wall, and such signs shall not extend or project from the face of the building more than ten feet. C. No portion of such sign shall extend above the height of the roof. D. No portion of such sign shall be closer than eight feet fo any sidewalk or pedestrian walkway, and no closer than five feet from any street side property line. All such signs shall be securely anchored to a wall and shall in no manner be connected to or suspended from the roof of any building. Sec. 90-562. Unified Sign Plan. 1. After initial effective date of these regulations, all new non-residential development, which shall contain space or units for more than one business or occupant, shall provide a unified sign plan with the application for building permits. All subsequent application for sign permits shall comply with the approved unified sign plan. The unified sign plan shall comply with the provisions of this chapter, and shall also demonstrate a consistent theme and design with respect to each of the following: A. Manner and type of construction, including materials to be used, installation 2. Signs for purposes of announcing a coming development project may be placed within commercial and industrial zoning districts, subject to the following: A. Issuance of a sign permit shall be required, and no such sign shall remain on any development parcel for a period of time exceeding one year from the issuance date of the permit. B. Complete and proper applications for building permits for the related development project must be submitted within sixty days of the placement of any such sign, or the sign shall be removed. C. Such sign shall be removed within thirty days of the issuance of any certificate of occupancy, or at any time when construction ceases for a period of time longer than thirty consecutive days. D. Only one such sign shall be placed upon the development parcel, and shall not exceed the height or size as permitted by preceding section of this code. 3. Within non-residential zoning districts, one sign per lot or development parcel advertising the sale or lease or the property limited to eight feet in height and a maximum of twenty four square feet of sign face area. A sign permit shall be required for such signs, and these signs shall be removed within ten days of sale or lease of the property. 4. All businesses shall display the street number in a manner that is prominent and clearly readable to vehicular and pedestrian traffic, as appropriate. Street numbers shall be displayed on all freestanding signs and over front doors or primary entryways. Sec. 90-563. Entrance signs for subdivision, multi -family or PUD developments. Except for exempt signs as herein provided, signs within residential, or mixed -use zoning districts developed as a PUD, shall be limited to those set forth below. 1. For single family and multi -family residential subdivisions, and developments containing more than ten building lots, where individual lots are accessed from a common internal roadway, one sign identifying the name of the subdivision or project shall be allowed at each entranceway from a collector or arterial street, not to exceed two signs. A. Sign area shall not exceed thirty two total square feet of sign face area. B. Maximum sign height shall not exceed eight feet. C. Any such sign shall be freestanding or monument style. Where more than one sign is allowed, each such sign erected shall be constructed and designed in the same manner. D. These signs may be only externally illuminated with ground mounted lighting. Any lighting shall project from the ground onto the sign and shall not be directed towards any street or residential lot. identifying buildings shall also be allowed limited to three feet in height, and eight square feet of sign face area. A. The maximum size is limited to sixty square feet of sign face area. B. The maximum height shall not exceed eight feet. C. Any such sign shall be freestanding or monument style. Where more than one sign is allowed, each such sign shall be constructed and designed in the same manner. D. These signs may be externally illuminated with ground mounted lighting. Any lighting shall project from the ground onto the sign and shall not be directed towards any street or residential lot. Sec. 90-564 Code compliance All permanent signs and the illumination thereof, shall be designed, constructed and maintained in conformity with applicable provisions of the building and electrical codes. Sec. 90-656 Illumination standards 1. Sign lighting may not be designed or located to cause confusion with traffic lights. 2. Illumination of the sign is permissible, provided that none of the light emitted shines directly onto an adjoining property or into the eyes of motorists or pedestrians using or entering public streets. 3. Illuminated signs shall not have lighting mechanism that project more than eighteen inches perpendicularly from any surface of the sign over public space. 90-557 Placement standards. 1. Supports for signs or sign structures shall not be placed in or upon a public right of way or public easement, except under the terms of a lease between the owner of the easement or right of way, and the owner of the sign, or with the written approval of the City of Okeechobee. 2. No freestanding sign shall project over a public right of way. 3. No sign or sign structure shall be erected that impedes the use of any fire escape, emergency exit or standpipe. 4. No sign or sign structure shall be within fifteen feet of the outside boundary of any public highway, or within two hundred feet of any church, school, public park, public reservation, public playground or recreation area, or residential zoned district. The distance to the sign shall be measured along the public highway on which the advertisement is located; provided however, that signs may be erected on any business lot within one hundred twenty feet of any residential zoned district, or may be affixed or painted upon any business building within any business district, with the exception of murals which is governed by this code. Sec. 90-558 Clearance standards. 2. All signs over vehicular ways shall provide a minimum of thirteen feet six inches of clearance. Sec. 90-559 Design standards. 1. All freestanding signs shall be designed to resist a wind pressure of twenty pounds per square foot in any direction. 2. No building sign may project more than one foot from the building wall. Sec. 90-595. Nonconforming signs. All signs which were lawfully in existence and constructed or installed with properly issued sign permits as of the effective date of these amended regulations, and which are made nonconforming by these provisions herein, shall be allowed to remain in accordance with the following conditions: 1. Freestanding signs made nonconforming at the initial date of these amended regulations which are not in compliance only with respect to the minimum required distance of five feet from any property line shall be allowed to remain in the existing location provided that no portion of the sign is located within any publicly owned right of way, or utility easement and that no interference with clear clearance distance exists, and further provided that such signs are otherwise in compliance with the terms of this code. 2. Freestanding signs made nonconforming at the initial date of these amended regulations, which are not in compliance with respect to maximum width, height or size shall be allowed to remain, provided that such signs are otherwise in compliance with the terms of this code. 3. Nonconforming signs, including those as described in sections 1 & 2 above, shall bee made conforming with all provisions of this code when any of the following changes are made: A. Any change to the structural support or structural materials, including temporary relocation associated with routine maintenance of a property. B. Any change which increases illumination. C. Any change which increases the height of a sign. D. Any change which alters the display area or face area by more than twenty five percent, or re -branding. E. Any replacement required as the result of an accidental act or a weather related act. F. Any replacement of an abandoned sign, defined as any sign not routinely maintained as required by this code. G. Any change necessary for compliance with Florida Building Code requirements. H. Any re -branding of a sign resulting from a change in franchise and/or business ownership. abandoned, deteriorated, dilapidated, or in a general state of disrepair, or which are determiner to create a hazard to public safety. 5. Notwithstanding the preceding provisions, all signs permitted within commercial and residential zoning districts pursuant to this section of the code, shall be made to conform with all applicable provisions of this code, and as amended hereafter, within ten years of the initial effective date of these regulations, which shall be the second and final reading of the initial ordinance. Sec. 90-596 Violation constitutes nuisance; abatement. Any advertisement, advertising sign or advertising structure which is constructed, erected, operated, used, maintained, posted or displayed in violation of this Code is hereby declared to be a nuisance, and shall be forthwith removed, obliterated or abated. Any portable sign such as snipe signs or real estate signs may be removed without notification of the property owner, or such advertiser, if such sign is placed in a public right of way. Sec. 90-597. Permit application and approval process. A. The developer shall submit to the building official a completed sign application. B. Within ten days after receipt of an application, the building official shall determine that the information is complete or incomplete and inform the developer of the deficiencies, if any. If the application is deemed: 1. Incomplete, the developer may submit the required information within ten days without payment of an additional application fee, but if more than ten days elapse, the developer must then initiate a new application and pay a new application fee; OR 2. Complete, the building official shall determine if the sign meets all provisions of this code, and shall issue the permit which states whether the application is approved, denied or approved with conditions, within twenty-one days of receiving the application. Sec. 90-598 Procedure for appeal. Any administrative decision that is made by any city official in the administration or enforcement of this code may be appealed within thirty days to the board of adjustment and appeals, whose decision shall be final. IMF MEMO City of Okeechobee Planning/Zoning board re: sign ordinance Sorry I am not in attendance, I am at the city attorney convention; This draft of the ordinance is mostly complete; once it is reviewed by the board and by Larue and Assoc. there will be some amendments. However, it must be sent on to the city council for the August agenda; if any board member has any suggestions for the final draft to be approved the third Tuesday in August, please let me know in writing. J. Cook �`` ,Ir Fort Myers, Florida 33901-2845 239-334-3366 • FAX: 239-334-6384 MEMORANDUM DATE: July 19, 2007 TO: John Cook, City Attorney LPA Members FROM: James G. LaRue, AICP RE: Proposed Sign Ordinance This Sign Ordinance seems fairly clear and to the point. A couple of observations are: 1. Murals should be included in the definitions as we have defined them in our existing Ordinance. 2. Off -premise signs less than 101 square feet are not defined and might be considered as allowable signs. 3. There is no "Special Business Sales Event" temporary sign allowed other than with a new business and could be for a limited period of time. 4. There are some minor typos such as "device" instead of devise, etc. "square" instead of share. 5. Nonconforming section is good but will be tough to enforce. JGL/vr cc: Brian Whitehall, City Administrator Lane Gamiotea, CMC, City Clerk Betty Clement, General Services Coordinator Bill Brisson, Senior Planner S CONTINUED. vision 5 Signs continued. dT - Chairperson William Ledferd, Chairperson -ment, Secretary ND BE ADVISED that if any person desires to appeal any decision made by the Land Planning any matter considered at this proceeding, such interested person will need a record of the :h purpose may need to ensure a verbatim record of the proceedings is made, which record nd evidence upon which the appeal is to be based. General Services media are for the sole icial records of the Department. JULY 19, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEA Board Member Burroughs questioned Mr. Brisson concerning the Special Business Sales Event. Mr. Brisson stated in the new sign code to allow for special events. With the new laws in effect, anything you want to add to the code pro "content neutral". There is a pending court case challenging information placed on the sign face. Mr. Brisson stated th= regulate how many, where located and the size. This is an issue of free speech, this is what the courts are ruling on In, believes there is a current provision in the code now that addresses the issue of Special Events, this need to be incor new sign ordinance. Chair Ledferd asked about the nonconforming section. Mr. Brisson implied this was in reference into compliance. Board Member Maxwell stated that the life of a sign is very long. A time period would be beneficial tr to either remove or repair or replace. Chair Ledferd requested the Board make a motion to approve the ordinance am Chair Ledferd advised the Planning Board to pass this sign code on to City Council and any Board Member that wr_ comments or changes they would like made, submit to Secretary Clement via e-mail for submittal to Mr. Brisson at LaRi City Attorney Cook. Changes, then, would be compiled by LaRue Planning and or Attorney Cook and submitted to recommendation. Board Member Maxwell moved to recommend to City Council the proposed amendment of Division 5 Sign Ordinance the City Attorney and to further consider the input provided by the City Planner and also consider any additional in individual members of the Planning Board between now and the hearing date; seconded by Board Member Burrougl VOTE LEDFERD-YEA HOOVER -YEA KELLER-YEA MCCOY BURROUGHS-YEA JOHNS -YEA JUAREZ-YEA MAXW. O'CONNOR -NON VOTING MOTION CARRIED. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:20 p.m. JULY 19, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPE SS CONTINUED. Consider a request to recommend to City Council to amend the LDR's, Chapter Consider a request to recommend to City Council to amend the LDR's, Chapter 86, Article II, Plans and Plats 86, Article II, Plans and Plats - Planning Consultant. The current LDR's, Chapter 86, Article II states that the TRC shall review the pre application for Plans and Plats, with reviewing and ruling on the preliminary plat approval and the final plat approval. The revision to amend would have th. reviewing the plat request at the preliminary state and sending a recommendation to City Council for final Plat apprc Board Member Burroughs stated, basically this request represents substituting the Planning Board for City Council o plat review. Mr. Brisson concurred. Board Member Burroughs made a motion to recommend to City Council revision to LDR's Chapter 86, Article 11 Plar the Planning Board be the recommending Board for the preliminary plat review before final plat review by City Coun Vice Chair Hoover. VOTE LEDFERD-YEA HOOVER -YEA KELLER - YEA MCCO' BURROUGHS-YEA JOHNS -YEA JUAREZ-YEA MAXW; O'CONNOR -NON VOTING MOTION CARRIED. Consider a request to recommend to City Council to amend the LDR's Division III Consider a request to recommend to City Council to amend LDR's Division 5 Signs. 5 Signs - City Attorney IIIIn the absence of City Attorney Cook, MF. Brisson presented the Sign Ordinance. Board Member Maxwell said that the ordinance and he noticed, that in some municipalities, no signs may be above a certain height, which makes a r He further stated that he saw no reference to that in the proposed ordinance. Mr. Brisson distributed a memorandum outlining concerns by the LaRue Planning Staff. He went on to report that tf had only a couple of days to review the ordinance as did the Planning Board Members. The memorandum referer should be included in the definitions as we have defined them in our existing ordinance. 2. Off -premise signs less feet are not defined and might be considered as allowable signs. 3. There is no "Special Business Sales Event" tempo other than with a new business and could be for a limited period of time. 4. There are some minor typos such as "d devise, etc. "square" instead of share. 5. Nonconforming section is good but will be tough to enforce. These are th,- the LaRue Planning Staff. Mr. Brisson did address Board Member Maxwell's question of height. He said he also did not see any provisions fo communities limit sign height. Board Member Maxwell stated that we do not have an interstate in Okeechobee, thereto to consider limiting the height of the signs We want to slow down traffic, we should consider a low height limit billboards. He said he could not tell whether billboards were excluded as they are in the definitions. He further stat City does not need billboards. It does not serve public interest, only revenue for the property owner. L)MBIT Br'/ AlmusT 7, 2007 ORDINANCE NO. 995 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE 716, LAND DEVELOPMENT REGULATIONS, AS AMENDED, AMENDING SECTION 70-338 TO CHANGE THE APPLICATION FOR REHEARING CANNOT BE RESUBMITTED FOR A PERIOD OF 60 DAYS AFTER DENIAL TO ONE YEAR AFTER DENIAL; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number 716 known as the Land Development Regulations within the City; and WHEREAS, the proposed amendment was reviewed by the Planning Staff, and the Planning Board at their July 19, 2007 meeting, which have determined that there should be a longer period of time that an application may be resubmitted for rehearing after denial; and WHEREAS, the City Council of the City of Okeechobee has agreed with the Planning Boards recommendation and find the amendment 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 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. Sections 70-338. Application for rehearing. When, after a public hearing, a petition for a comprehensive plan or land development regulations amendment, zoning district boundary change, appeal of an administrative decision, special exception use, or variance has been denied, a petition for the same request cannot be resubmitted for a period of at least 60 days -one year after denial. Section 2. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. 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 4. Effective Date. This Ordinance shall take effect immecl upon its passage. INTRODUCED for first reading and set for final public hearing on this of August, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 21' day of August, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 1 of 1 JULY 19, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 4 OF 7 AGENDA II ACTION DISCUSSION VOTE V. PUBLIC HEARING CONTINUED. QUASI-JUDICIAL C. Consider a Special Exception Petition No. 07-006-SE continued. Vice Chair Hoover moved to approve Special Exception Petition No. 07-006-SE to allow an assisted living facility within Residential Multi -Family Zoning District (ref. Sec. 90-193(12)); seconded by Board Member Burroughs. VOTE LEDFERD-YEA HOOVER -YEA KELLER-YEA MCCOY -ABSENT BURROUGHS-YEA JOHNS -YEA JUAREZ-YEA MAXWELL-YEA O'CONNOR -NON VOTING MOTION CARRIED. CLOSE PUBLIC HEARING III CHAIRPERSON LEDFERD CLOSED THE PUBLIC HEARING AT 6:33 P.M. VI. NEW BUSINESS. A. Consider a request to recommend to City Council to amend the LDR's, Division Consider a request to recommend to City Council to amend the LDR's, Division 4 ref. Sec. 90-162 to add a permitted use to allow a 4 Residential Mobile Home (RMH) District ref. Sec. 90-162 - Planning Board. single family home within a mobile home subdivision. Mr. Brisson reported that many mobile home subdivisions allow single family homes. One concern is the lot size. It should be 11 comparable to the required lot size for a single family home in a residential zoning district. Board Member Maxwell stated he would like to see single family homes replace mobile homes when possible. The Board concurred. Board Member Maxwell moved to recommend to City Council to amend the LDR's ref. Sec. 90-162 of Division 4 to allow a single family dwelling within the Residential Mobile Home Zoning District as a permitted use and include such language to allow for other applicable provisions of the LDR's as related to minimum lot size, set backs, etc. and that the City Council consider as a public policy standpoint that people should be allowed to replace mobile homes with single family dwellings; seconded by Vice Chair Hoover. VOTE LEDFERD-YEA HOOVER -YEA KELLER-YEA MCCOY -ABSENT BURROUGHS-YEA JOHNS -YEA JUAREZ-YEA MAXWELL-YEA O'CONNOR -NON VOTING MOTION CARRIED. OB. Consider a request to recommend to City Council to amend the LDR's, Division Consider a request to recommend to City Council to amend the LDR's, Division 4 ref. Sec. 70-338 Application for rehearing to change 4 ref. Sec.70-338 Application for rehearing - Planning Consultant. the resubmittal time period from at least 60 days to a period of one year. JULY 19, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 5 OF 7 AGENDA VI. NEW BUSINESS CONTINUED. OB LDR's, Division 4, ref. Sec. 70-338 continued. VOTE Mr. Brisson explained 60 days is not enough time to warrant a change in position to an application or petition that has been processed and denied. This causes extra time to duplicate what has already been done to support the last request. This just allows brow beating by the applicant. Need a valid purpose for the applicant to resubmit. Board Member O'Connor reported that this rule was made when he was on City Council. He stated that when the time period of 60 days was determined it was not known at that time if that was the right amount of time. Sixty days was the time period picked thirteen years ago. Board Member Burroughs moved to recommend to City Council to amend LDR's Division 4, ref. Sec. 70-338 to change the rehearing time period from 60 days to one year; seconded by Vice Chair Hoover. VOTE LEDFERD-YEA HOOVER -YEA KELLER-YEA McCoy ABSENT BURROUGHS-YEA JOHNS -YEA JUAREZ-YEA MAXWELL-YEA O'CONNOR -NON VOTING MOTION CARRIED. C. Consider a request to recommend to City Council to amend the LDR's, Division III Consider a request to recommend to City Council to amend the LDR's, Division 6 ref. Sec. 70-152 Powers and Duties. 6 ref. Sec. 70-152 Powers and Duties - Planning Consultant. Mr. Brisson explained the language that is being requested for change. Currently there are seven sub sections. Consideration for recommendation to remove sub section (5) Site plans. After reviewing recommendations by the technical review committee (TRC) to determine whether specific proposed developments conform with the requirements of these regulations, and (6) Temporary use permit. To hear petitions for temporary use permits as authorized in these regulations. Vice Chair Hoover stated that this is basically a housekeeping item, and we as a Board have never weighed in on either issue. Board Member Maxwell further explained, he thinks what raised this is when working on the Planned Unit Development (PUD) Ordinance, there was discussion of what the review process would be. Board Member Maxwell asked Mr. Brisson, whether all these things are compatible and in harmony? Mr. Brisson answered no. Mr. Brisson reported that in the PUD the Board will review the conceptual plans, which is the real meat, then the TRC will review the actual site plans, which is what they do now. Board Member Maxwell interjected that the TRC would review the final site plan. Mr. Brisson concurred. Board Member Burroughs made a motion to recommend to City Council, revision to the LDR's to amend Section 70-152 Powers and Duties, as outlined above to remove sub section (5) and (6); seconded by Vice Chair Hoover. VOTE LEDFERD-YEA HOOVER -YEA KELLER-YEA McCoy -ABSENT BURROUGHS-YEA JOHNS -YEA JUAREZ-YEA MAXWELL-YEA O'CONNOR -NON VOTING MOTION CARRIED. Inter Office MEMORANDUM To: Planning Board From: Betty Clement, General Services Coordinator Subject: Revision to Land Development Regulations Date: July 11, 2007 Draft for review by the Planning Board/Board of Adjustment and Appeals. Amend Section 70-152 Powers and duties, (new language is underlined and deleted is stfrte# thfeugh). Delete (5) Site Plans. After review* _ ndatiens by the technieal Fevie Number (-7) then becomes number (5) To: Planning Board From: LaRue Planning and Development Subject: Revision to Land Development Regulations Date: July 10, 2007 Draft for review by the Planning Board/Board of Adjustment and Appeals. Amend Section 70-338 (new language is underlined and deleted is st=uek 4hre a)- When, after a public hearing, a petition for a comprehensive plan or land development district boundary change, appeal of an administrative regulations amendment, zoning decision, special exception use, or variance has been denied, a petition for the same request cannot be resubmitted for a period of at least g8-days- one year after denial. AUGUST 7, 2007 ORDINANCE NO. 996 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE 716, LAND DEVELOPMENT REGULATIONS, AS AMENDED, AMENDING SECTION 70-152 PLANNING BOARD POWERS AND DUTIES TO DELETE PARAGRAPH (5) SITE PLANS AND PARAGRAPH (6) TEMPORARY USE PERMITS; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number 716 known as the Land Development Regulations within the City; and WHEREAS, the proposed amendment was reviewed by the Planning Staff, and the Planning Board at their July 19, 2007 meeting, which have determined that approval of Site Plans and Temporary Use Permits by the Planning Board is not necessary; and WHEREAS, the City Council of the City of Okeechobee has agreed with the Planning Boards recommendation and find the amendment 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 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. Sections 70-152. Powers and Duties. ((1) to (4) no change) (7) (5) Other planning and zoning matters. To perform other duties as the city council may specifically assign, including: (a., b. and d. no change) C. To conduct such public hearings to gather information necessary for maintenance of of the comprehensive plan and these regulations. Section 2. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. Severability. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Page 1 of 2 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 51h of August, 2007. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 21' day of August, 2007. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 JULY 19, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 5 OF 7 VI. NEW BUSINESS CONTINUED. B. LDR's, Division 4, ref. Sec. 70-338 continued. QC Mr. Brisson explained 60 days is not enough time to warrant a change in position to an application or petition that has been processed and denied. This causes extra time to duplicate what has already been done to support the last request. This just allows brow beating by the applicant. Need a valid purpose for the applicant to resubmit. Board Member O'Connor reported that this rule was made when he was on City Council. He stated that when the time period of 60 days was determined it was not known at that time if that was the right amount of time. Sixty days was the time period picked thirteen years ago. Board Member Burroughs moved to recommend to City Council to amend LDR's Division 4, ref. Sec. 70-338 to change the rehearing time period from 60 days to one year; seconded by Vice Chair Hoover. VOTE LEDFERD-YEA HOOVER -YEA KELLER-YEA MCCOY -ABSENT BURROUGHS-YEA JOHNS -YEA JUAREZ-YEA MAXWELL-YEA O'CONNOR -NON VOTING MOTION CARRIED. Consider a request to recommend to City Council to amend the LDR's, Division III Consider a request to recommend to City Council to amend the LDR's, Division 6 ref. Sec. 70-152 Powers and Duties. 6 ref. Sec. 70-152 Powers and Duties - Planning Consultant. Mr. Brisson explained the language that is being requested for change. Currently there are seven sub sections. Consideration for recommendation to remove sub section (5) Site plans. After reviewing recommendations by the technical review committee (TRC) to determine whether specific proposed developments conform with the requirements of these regulations, and (6) Temporary use permit. To hear petitions for temporary use permits as authorized in these regulations. Vice Chair Hoover stated that this is basically a housekeeping item, and we as a Board have never weighed in on either issue. Board Member Maxwell further explained, he thinks what raised this is when working on the Planned Unit Development (PUD) Ordinance, there was discussion of what the review process would be. Board Member Maxwell asked Mr. Brisson, whether all these things are compatible and in harmony? Mr. Brisson answered no. Mr. Brisson reported that in the PUD the Board will review the conceptual plans, which is the real meat, then the TRC will review the actual site plans, which is what they do now. Board Member Maxwell interjected that the TRC would review the final site plan. Mr. Brisson concurred. Board Member Burroughs made a motion to recommend to City Council, revision to the LDR's to amend Section 70-152 Powers and Duties, as outlined above to remove sub section (5) and (6); seconded by Vice Chair Hoover. VOTE LEDFERD-YEA HOOVER -YEA KELLER-YEA MCCOY -ABSENT BURROUGHS-YEA JOHNS -YEA JUAREZ-YEA MAXWELL-YEA O'CONNOR -NON VOTING MOTION CARRIED. LXHIBIT,Aff j Au(iusT 7, 2007 CITY OF OKEECHOBEE (863) 763-3372 FAX (863) 763-1686 AGENDA ITEM REQUEST FORM Please mail or bring completed form to: City of Okeechobee City Administrator's Office 55 SE 3`•" Avenue Okeechobee, Florida 34974 NAME: 41z gtte ADDRESS: IJ n-� © kr Ee 40 A A-,er! c�9 1 2-- TELEPHONE: goo 3- 3,5-1 3 3 -7 - FAX: MEETING: REGULAR 9' SPECIAL ❑ WORKSHOP ❑ DATE: A= a gzc D 7 PLEAS) STATE THE ITEM YOU WISH TO HAVE PLACED ON THE; ITY COUNCIL AGENDA: A^tg& 0q A1d Tv PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH THUS FAR: PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL: PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: IF PRESENTATION IS TO BE MADE, PLEASE STATE HOW MUCH TIME YOU ARE REQUESTING: -.Z &c C Z, [ram 4 5 � FO /Z, fn Izf AC 1V1 / /Y SIGNED BY: DATE: Z 7 ` G 7 5/16/2007 PETITTION: NO WAKE ZONE FOR TAYLOR CREEK Please accept and consider this petition presented from the home owners living on Taylor Creek located at NORTH EAST 8T" AVE, OKEECHOBEE, FL 34972, River Run Resort. We petition the town council representing the county of Okeechobee to authorize to establish a "NO WAKE ZONE" in Taylor Creek from the route 70 bridge continued to the railroad tressel. Taylor creek narrows down considerably from the route 70 bridge north to the railroad tressel. As boaters move through fast their wakes are causing damages to our personal property, such as boats and docks. Also, there is a danger risk for the boaters, as many times they run late at night without running lights. In addition we would ask that the area be more monitored for poachers, speeders, and other law breakers. Thanking you in advance for considering our petition for review. The homeowners of River Run Resort, PETITIONERS: ,IiE r1l V1 MMEMM WAMMMM41� W4 /l „d MAN;= M--- I ,, EXHIBIT.$/L AUGUST 7, 2007 c z City of Okeechobee Public Works Department July 17, 2007 ... Make Model PriceFRhino Model Price John Deere 5425 Tractor $30,278.21nd Tractor TD80D $30,459.00 John Deere 542 Loader $4,555.93nd Bucket 820TL Bucket $6,242.00 John Deere MX6 Cutter $1,693.60" Rota Cutter TW72 $2,073.00 John Deere MX6 Cutter $1,693.60" Rota Cutter TW72 $2,073.00 Total $38,221.34 $38,774.00 Quote ID 1702218 1 Record #2625, 2640,2626- 07 VI. NEW BUSINESS CONTINUED, A E. JULY 19, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 6 OF7 Consider a request to recommend to City Council to amend the LDR's, Chapter III Consider a request to recommend to City Council to amend the LDR's, Chapter 86, Article II, Plans and Plats 86, Article ll, Plans and Plats - Planning Consultant. The current LDR's, Chapter 86, Article II states that the TRC shall review the pre application for Plans and Plats, with the City Council reviewing and ruling on the preliminary plat approval and the final plat approval. The revision to amend would have the Planning Board reviewing the plat request at the preliminary state and sending a recommendation to City Council for final Plat approval. Board Member Burroughs stated, basically this request represents substituting the Planning Board for City Council on the preliminary plat review. Mr. Brisson concurred. Board Member Burroughs made a motion to recommend to City Council revision to LDR's Chapter 86, Article II Plans and Plats that the Planning Board be the recommending Board for the preliminary plat review before final plat review by City Council; seconded by Vice Chair Hoover. LEDFERD - YEA HOOVER -YEA KELLER - YEA MCCOY-ABSENT BURROUGHS-YEA JOHNS -YEA JUAREZ-YEA MAXWELL-YEA O'CONNOR -NON VOTING MOTION CARRIED. Consider a request to recommend to City Council to amend the LDR's Division Consider a request to recommend to City Council to amend LDR's Division 5 Signs. 5 Signs - City Attorney In the absence of City Attorney Cook, MF. Brisson presented the Sign Ordinance. Board Member Maxwell said that he read through the ordinance and he noticed, that in some municipalities, no signs may be above a certain height, which makes a nice appearance. He further stated that he saw no reference to that in the proposed ordinance. Mr. Brisson distributed a memorandum outlining concerns by the LaRue Planning Staff. He went on to report that the Planning Staff had only a couple of days to review the ordinance as did the Planning Board Members. The memorandum referenced: 1. Murals should be included in the definitions as we have defined them in our existing ordinance. 2. Off -premise signs less than 101 square feet are not defined and might be considered as allowable signs. 3. There is no "Special Business Sales Event" temporary sign allowed other than with a new business and could be for a limited period of time. 4. There are some minor typos such as "device" instead of devise, etc. "square" instead of share. 5. Nonconforming section is good but will be tough to enforce. These are the observations of the LaRue Planning Staff. Mr. Brisson did address Board Member Maxwell's question of height. He said he also did not see any provisions for height. A lot of communities limit sign height. Board Member Maxwell stated that we do not have an interstate in Okeechobee, therefore we might want to consider limiting the height of the signs We want to slow down traffic, we should consider a low height limit and also exclude billboards. He said he could not tell whether billboards were excluded as they are in the definitions. He further stated, basically the City does not need billboards. It does not serve public interest, only revenue for the property owner. DmIBIT ) MINUTES OF THE AUGUST 7, 2007 TECHNICAL REVIEW COMMITTEE WEDNESDAY, JULY 25, 2007,10:00 A. M. CITY OF OKEECHOBEE 55 Southeast 3rd Avenue Okeechobee, Florida 34974 A. CALL TO ORDER - Chairperson The meeting was called to order by Chairperson Brian Whitehall. B. STAFF ATTENDANCE - Secretary PRESENT: Administrator Whitehall Building Official Schaub Chief Davis Chief Smith Public Works Director Robertson Engineer Bermudez Non -Voting Ex-Officio Member: PRESENT: County Health Department Trent OUA Hayford Planner Brisson Secretary Clement ABSENT: Attorney Cook School Representative (no representation) C. Minutes — Secretary Chief Davis moved to dispense with the reading and approve the May 23, 2007 Technical Review Committee Minutes regular meeting; seconded by Director Robertson. Motion carried (5-0). D. New Business — Chairperson State Farm Insurance Office. The application was submitted by Steven Dobbs, P.E. on behalf of property owners David and Judy Hester. The application is to construct a 3,900 square foot building to support a new insurance office, in a single phase, located at 204 Northeast 3rd Avenue. Legal description: Lots 9 and 10, Block 143, City of Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee County, Florida — Planning Consultant. Bill Brisson from LaRue Planning and Management presented the LaRue Planning Staff recommendation as follows: Basically the coverage, the set backs, imperious surface coverage all meet the code as does the height. The minor problems are: The parking spaces are ten feet by eighteen feet. Mr. Brisson reported he did not know that the car stops created an overhang into the buffering area by two feet. That leaves a 1.3 foot buffer. Space width is ten foot, however, the applicant is asking for a reduction in parking of three spaces. The request is for 23 per cent reduction. You have flexibility in the code up to a certain point. When you give flexibility, you have to have a stopping point, otherwise you keep inching over and you end up having your ordinance revised by mistake. The reduction is only to take place if there is adequate parking on the street. While there is parking on the street, five of the spaces are being removed due to the driveway. Mr. Brisson stated that he felt there were a couple of ways the deficiencies can be overcome. Number one, the parking space in the North by the drain field could house an employee parking space. This would eliminate the additional percentage over the twenty percent reduction for parking. The landscape buffer adjoining the other property should be two feet. All that is required, is making the building more narrow by two feet. Admittedly, this is less than the applicant wants. The applicant is trying to get as much building as possible, but violating the City's codes without any real purpose, other than trying to get as much building as desired, is unacceptable. Another possibility is using nine foot spaces, which would allow you pick up another parking space. With eliminating the handicap parking space, with the nine spaces that are shown and removing a foot from each one, you could get a tenth space in the same area. That alone would eliminate the need to ask for more reduction than is required by the code. Also, the landscape is not as clear as it should be. Assuming this is a two-way driveway, not a single access driveway, and therefore in a non-residential parking area, you are required to meet the landscaping code, which requires another 72 square feet. This is an additional 234 square feet of required landscaping for the parking lot. Mr. Brisson asked the Committee, if a parking lot with nine or ten spaces requires landscaping, then maybe the code needs to be changed to reflect that requirement, instead of the access drive being the basis. This application is not a single access driveway, it is a two way driveway. Engineer Bermudez concurred, therefore, there is a requirement for the non-residential parking area landscaping of 234 square feet, and one tree for each 72 square feet, which requires another three trees. This is a tight site. Another option would be to put a two story building on the site, or a partial two story, which then you would have no problem meeting any of the requirements of parking, landscaping, and the buffering. There are a lot of alternatives that allow the applicant to meet the codes and there simply not being met, because they are not the applicant's preference, as opposed to some other hardship associated with the lot. Mr. Brisson announced that he usually comes off hard on the requests, my primary job is to point out to the City where the codes are not being met, and what alternatives are available, so that the Committee can decide how to treat the individual property and whether there is more lead way. As a consultant he feels bound to inform the Committee of all the violations and difficulties, and some ways they might be overcome. Mack Worley, building contractor for the project, spoke and confirmed that every effort has been made to reduce the building size. There is plenty of room from North to South, but cannot reduce the building size any more East to West. If we request a variance, which we do not want to do, we could move the building over one foot. The offices have been reduced from 11 feet to nine feet. The handicap requirements will not be met if the building is any narrower. Have to stay 15 feet away from the building to the West to meet the fire code requirements. We are setting at the 8 foot property line on the West side. Mr. Whitehall asked Mr. Worley about the North? Mr. Worley explained he is not after more square footage. With the layout that is proposed there are two hallways, with offices on each side, and conference rooms in the middle. Everything was designed as narrow as possible. Mr. Worley stated the applicant requested that he design a very attractive building, as well as landscaping. 2 The landscaping on the plan is the minimum required by the City, but it will not necessarily be the minimum that the owners will install. The owners have plans to landscape the area more extensively than what the code requires. Mr. Dobbs reported that he just had a plan approved in the County, that allowed the two foot overhang of the parking. Mr. Whitehall asked whether this was code in the County or whether they just approved based on the site plan. Mr. Dobbs answered, this was another small half acre site and they felt it met the spirit of the code. Mr. Whitehall asked whether the Committee had any further questions? Mr. Hayford stated that connection to the water and sewer was not readily available. Mr. Trent inquired if the City would accept anything other than pavement for the North parking space. Mr. Whitehall answered yes, if it was dust free. Mr. Schaub spoke about accessibility to the North parking space, drain grate in the area, and expressed concern regarding the handicap parking be close to the building, at that time, Mr. Brisson suggested locating the handicap parking on the City street versus on site. Chief Smith remarked that the fire lane must have a no parking sign. Director Robertson asked how there would be enough room for a car to turn around in that North area where the parking space would be located. Mr. Dobbs answered, if the space was for employee, it would not be a problem. Chief Davis stated he had no concerns. Mr. Bermudez interjected that handicap parking on the street could be a problem. Mr. Schaub replied that according to state law, he believes two handicap spaces need to be provided. Mr. Worley said the applicant would be responsible for the sidewalk connections and additional curb cut, and the striping for the handicap spaces. Chief Smith moved to approve the State Farm Insurance Site Plan with the following contingencies: 1. Eleven parking spaces. 2. Twenty percent reduction for parking granted by the City Council. 3. Appropriate improvements for 2 handicap spaces on the city street to be approved by.City Police, in front of the facility. 4. Allow the buffer configuration that is proposed in the site plan; seconded by Chief Davis. Motion carried (5-0). E. Adjournment — Chairperson. There being no further items on the agenda, Chairperson Whitehall adjourned the Technical Review Committee meeting at 10:47 a.m. PLEASE TAKE NOTICE AND BE ADVISED that any person desiring to appeal any decision made by the Technical Review Committee with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be bases. General Services media are for the sole purpose of backup for official records of the Department. ATTEST: Betty J. Clement, Secretary Brian Whitehall, Chairperson 3 a r,�• 15 L.F. PLATTED ALLEY ° N 90°00 L.F" E 100 L.F. 1550 ............_...�.,... SF !VA I�CE�E4'.•�. � DRY a.... . .. _..." _......_ _ y _.. _...r _, , �A 5. vizDETENTION I 10' 13' - _-` / VACANT 45' Lc w /jam ys / LOT 9 PROPOSED SINGLE STORY BUILDING N F.F.E. 28,40Go 3,83291 i 0 co 8' I FI N 90°00 L.F" W 100 L.F. 6" WHITE'STRIPING__--- NTYP.) c. BUILDING SETBACKS FRONT 20 FT SIDE 8 FT _.._." ._".... �. REAR 15 FT EXISTING ZONING: COMMERCIAL HEAVY DUTY FUTURE LAND USE: COMMERCIAL PARKING REQUIREMENTS: USE: GENERAL OFFICE REQUIRED SPACES (1 per 300so : 13 ti PROVED SPACES: 10 ASKING 20 HANDICAP SPACES REQUIRED: 1 HANDICAP SPACES PROVIDED: 1 EXISTING STREET PARKING AVAILABLE LEGEND: PROPOSED CONCRETE PROPOSED ASPHALT PA OCCUPIED 6" WHITE STRIPING (TYP.) WHEELSTOP (TYP) WHEEL STOP (TYP.) II 12' OVERHANG _I. LOT 11 1 1 BUILDING SETBACK LINE II CONSTRUCT DETECTABLE WARN CONSTRUCT PER FDOT INDEX # 304 DETECTABLE WARNING SURFACE PER FDOT INDEX # 304 (PLAN.E. 2ND STREET TTED AS EIGHTH STREET) -------------- w .NN"...a.�.�. t maoNrtaaPna • • { HANDICAPPED PARTING SIGN N.TJL Note: AN Paved Parldng Stalls am to be double striped. 18' Overall Stall -Wheel Stop or Foos of Curb 6° WHITE STRIPE :Edge of Pavement or Bock of Curb TYPICAL PARKING STALL HANDICAP P"046 "N I o ---------- --- r NErLecrowofP rIHRE srRPE r r r r vrr0.evwcE Iz r rnerE srMPE rew r searGTowozn RY►J PI r vASIe alevNaxe EOOALLY ePACEp PEA AMIe (TYP.I xvree 1. FEDEftlrr TMMION0981ML1 BE TM1E0 TO MATCH eHME151N OF FID9ML eTANMRDelM L ALL OM1ENegIq ARE lO T1M G:ENraeeE OFYMIMIOK TYPICAL STRIPING DETAIL NOTTO a STOP SIGN DETAILS 6'-0" V.0" DRIVE 2-N5x18' LONG 1'-0" INTO PAVING TYPICAL WHEEL STOP N. T. S. Y u cart. DRWE 24UIr LONG INTO PAVE7G TYPICAL WHEELSTOP DETAIL N. T. S. \\ L_______,___________._ 'SIIBENCH MARK SET MAGNETIC NAIL d DISK STAMPED "KAS LS4820' (NGVD) LF.29 ELEV - 28.057 L.F.F. _ _ _ — — 15 L.F. PLATTED ALLEY BUILDING SETBACKS N 90*00 LP 100 L.F.� s FT O • " �.—. Te �� PI REAR 15 Fr r �« �- EIOSTMG ZONING: COEIMERCIAL fffAW DUTY FUTURE LAND USE: COMMERCIAL -� I la ...� �. 3'T PARKING REQUIREMENTS: GRAPHIC SCALE 3 r _ J�ig... i .... ...L_ ,r"r ....... ...... .. { DRY DETENTION I USE: GENERAL OFFICE REQUIRED SPACES (I par 3NA : 13 J" E I.... 1 I PROVED SPACES: 71 ASKING 20% REDUCTION - 6' I HANDICAP SPACES REQUIRED: 1 Iz- I I OFF STREET HANDICAP SPACES PROVIDED,. 2 .......rr.. . f f - a _ — EXISTM STREET PAWING AVAILABLE -yam ` J ( 7 LEGEND: PROPOSED CONCRETE 0 I I I ,I PROPOSED ASPHALT PAVEMENT I I OCCUPIED 0. 6" WHITE STRIPING V A C A N T( (TYP.) I I � W LOT 9 !. J I 8 I I IL PROPOSED SINGLE STORY BUILDING , 0 WHEELSTOP (TYP) F.F.E. 28A0 ],112 W R S • 8' BUILDING SETBACK II I � 6. � I I 24" WHITE STOP BAR AND !Q eGr O (CONSTRUCT PEDESTRIAN RAILING PER F.D.O.T. INDEX 870 'WALK — — —/— :p7fN 90°00 L.F" W 9 .E WARNING SURFACE J PER FOOT INDEX 0 304 N.E. 2ND STREET (PLATTED AS EIGHTH STREET) ( ( WHEEL STOP (TYP.) e � d�3 Wa c °a d m gi'Y d! CJEff daD+W me�� 0 � C>�> 7 0: •p IR 60 r e �v..�4A 1r O li = d IL *1 0 m C L M o° u C O C roW� Wa 80 7V C� 0 N� d�5 r. m o 0 0 J Joe Na:2007-209 SHEET 3 OF 6 2007-2008 TENTATIVE BUDGET PREPARATION AND MILLAGE EXHIBIT AUGUST 7, 2007 DATE AGENCY ACTIVITY May 31S` Account Supervisor Submission to Department heads budget worksheet reflecting estimated expenditures for current fiscal year and actual for 2005-2006.. June I" Property Appraiser To submit estimated Tax Roll value for properties within the City limits. Jun 6, 7 Dept Heads Individual Meeting held with each Dept Head, with Administrator and Account Supervisor initial review June 15 Dept Heads Submission to City Administrator and Accounts Supervisor estimated expenditures for 2006-2007 budget year. June 27`b - City Administrator Individual meetings held with each Dept Head to review budget requests July 13th Dept Heads submitted on June 20h. July 1 st Tax Assessor Submits certification of Taxable value to taxing authority (City). Time period starts July 1, 2007. July 17th City Administrator Set date, time and place for public hearings to beheld in September City Council and consider proposed millage rate for tentative budget. Aug 3rd Account Supervisor Returns certification to Property Appraiser and copy to Tax Collector. Aug 14, 20 City Administrator Review budget request with Mayor and Dept Heads including Account Supervisor Revenue and Departmental Budgets. Aug 21st City Council Budget Workshop Aug 28th City Council Second Budget Workshop (if needed). Aug ? Tax Assessor Prepares and mails to each taxpayer a "Notice of proposed property taxes" (this serves as a general notice of fast hearing of budget). -NO LESS THAN TEN DAYS AFTER NOTICE IS MAILED BY TAX ASSESSOR - Aug 30`b City Clerk (at least 10 days prior to final hearing) (10 days actual) Sept 5th City Council (within 80 days of Certification) Not earlier than 65 days) (68 days actual) (no sooner than 10 days after mailed notice) (14 days actual) Sept 15th City Clerk (within 15 days of tentative budget) Sept 19th City Council (no sooner than 2 days)(5 days after advisement) Sept 22nd Account Supervisor (within 3 days of final hearing) Advertises budget ordinance. F>S. 155.041(3)(a) and Millage ordinance. Hold first Public Hearing and reading on tax millage and appropriations ordinance. F.S. requirements prior to conclusion of first hearing: 1. Council amends tentative budget 2. Adopt tentative millage and budget (each one separately) 3. Recompute proposed millage rate 4. Publicly announce percent millage rate exceeds "roll -back rate". Advertise Public Hearing to finally adopt a millage rate and budget (1/4 pg. 18pt type) in addition an adjacent notice meeting the budget summary requirements of Sect F.S. 129.03(3)(b) and statement of expense % increase of prior year expenditures. Second/Final Public hearing, amend adopted tentative budget to finalize the The budget, to adopt final budget; and to adopt millage rate. Forwards the certified resolution/ordinance adopting the final millage rate to the Tax Assessor and the Tax Collector. Completes and certifies form DR-422 to property appraiser. City of Okeechobee SS SE 3'd Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email. bwhitehalacityofokeechobee.com * * * * *Memorandum * * * * * NEW BUSINESS AGENDA ITEM - ADDITION Date: August 7, 2007 TO: City Council C: City Atty, City Clerk, and FR: City Administrator'? ` RE: Canal Cleaning .19M Attached is a quote for the canal cleaning that has been discussed prior hereto (as late as the July P Council meeting). I have done considerable investigation since bringing the matter to you last month and have now legitimized the attached quote with a current governmental `piggyback' authorization through a current Lee County contract. While the original date of the quote is April 20th, I have confirmed that the price per cubic yard is the same ($19.50). I do have some concern that the volume may have changed some since that quote. I respectfully request that the City Council approve the attached quote: TSI Disaster Recovery Services Inc Est. debris removal 1950 cu yds 1700 13t' St Ste 4 price-$19.50/cu yd-$38,025.00 St Cloud FL 34769 Au,,,. 6. 2007 1:55PM Tarheel Specialties, Inc. No.2698 P. 2 SOLICITATION NO. B-07-19 PART D OFFICIAL BID FORM FOR NORTH FORT MYERS SURFACE WATER RESTORATION PROJECT GATOR SLOUGH SECTION Bids are to be submitted in "TRIPLICATE" by 3:00 P.M. WEDNESDAY MARCH 21, 2007, to: LEE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACTS MANAGEMENT COMMUNITY DEVELOPMENT/PUBLIC WORKS CENTER 1500 MONROE STREET, 4TH FL, FORT MYERS, FL 33901 or mail to: LEE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACTS MANAGEMENT Post Office Box 398 Fort Myers, FL 33902-0398 BID OPENING: CONTRACTS MANAGEMENT COMMUNITY DEVELOPMENT/PUBLIC WORKS CENTER 1500 MONROE STREET, 4TH FL, CONFERENCE ROOM, FORT MYERS, FL 33901 CMO:003 (1 OF 4) 09/25/01 WEDNESDAY, MARCH 21, 2007 3:00 P.M. LEE COUNTY BOARD OF COUNTY COMMISSIONERS LEE COUNTY, FLORIDA BIDDER:7d_rpee1 SD1@Gacks Individual 6r Firm Name D-1 Auo. 6. 2007 1:55PM Tarheel Specialties, Inc. No.2698 P. 3 18. COOPERATIVE PURCHASING 18.1 The Lee County Board of County Commissioners participates in cooperative purchasing agreements; it is hereby made a part of this proposal that the submission of any proposal in response to this request constitutes a proposal made under the same conditions, for the same contract price to the other governmental entities. Each governmental agency desiring to accept this proposal, and make an award thereof, shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for services ordered and received by it, and no agency assumes any liability by virtue of this proposal. 19. AUTHORITY TO PIGGYBACK 19.1 It is hereby made a condition of this agreement that this agreement constitutes an agreement made underthe same conditions, forthe same price, and forthe same effective period as this agreement, to any other governmental entity. It is further understood that any governmental entity that electing to piggyback from this agreement with Lee County, will issue its own purchase orders, and will require separate billing. 20. IMMIGRATION LAWS 20.1 Lee County will not intentionally award County contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324 a(e), Section 274A(e) of the Immigration and Nationality Act ("INA) _ 20.2 Lee County shall consider the employment by any Contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of the contract by Lee County. REV: 01 /23/07 C-9 Aa r. 20. 2007 3:18PM DIIBIT 11 JULY 3, 2007 2 TSI Disaster Recovery Services April 20, 2007 Mr. Donnie Robinson Okeechobee County 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 8a Date TSI DISASTER RECOVERY SERVICES, Inc. -1700 13 Street, Suite 4 — St. Cloud, FL — 34769 Phone - 407-891-7731 / Fax - 407-891-7739 S. REE a ha STT___ .._ -- - RSF 1 - 771L, Sc3 �I. 'NT? rIjJr '=- -- S. E 3 FO •STREET (70' I — --- �i" 1 _ _ - - 1 F �•�-- j i 1? — I LIT I t I I I c 1�UM - t.SE 1tA 3 7.! -----I a I� d'• 11 7 8 I ±Ill E = 41l _' :I i I j I If - 2fi g LW - yp I g IU r,.:n•,•-.a 23---- S C5 TH 579EET-[ 46_t---- - rv•^I I 7 - I IJ'-'—�I-- _ .. w ow,owtl 9 , _ I !_ j }JIW 7 2I to I r z1 26 S.E..-UN SMUT m• 122 -- ,o,l��4- _.J.iw E.6 Tx ST�RRET 170'1 — ,0 ,I+,1� SE 6TH CT." NI 7 , dam_ i � 1 'I -_ u,.,••u,..�. l_34 ]2 p] (.T_ I d ±� li'L!11]1I4' SI5 3� I I�U 1 ^�ri J[ti7F1 SI— ' <1 FEET (40' IL 4--- J " �I� 4N jE I C. S. E.7 M f _ J 1 it .° T y 5 1 - ' 1 I•I I 7 Il_- _1 - 'i e � Iti',I 191=', 6 5id 'I �••i I -' t, rr +" ! 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